The Legislature hereby finds and declares that it is the public policy of the state to ensure that work performed on behalf of the public or private entity or person be done properly to safeguard the public health and safety when removing asbestos and hazardous substances.
Chapter 10.35Asbestos and Hazardous Substance Removal Contracts
Section § 25914
This law emphasizes that it is California's policy to ensure safe practices when removing asbestos and other hazardous substances. The goal is to protect public health and safety during such work.
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Section § 25914.1
This section defines key terms related to asbestos work. 'Asbestos' is defined according to another section of the law. 'Asbestos-related work' involves working with at least 100-square feet of asbestos and requires a certified contractor. 'Hazardous substance removal' follows its definition in a different Business and Professions Code section.
For purposes of this chapter, the following definitions shall apply:
(a)CA Health and Safety Code § 25914.1(a)
“Asbestos” has the same meaning as defined in Section 6501.7 of the Labor Code.
(b)CA Health and Safety Code § 25914.1(b)
“Asbestos-related work,” is defined in Chapter 6 (commencing with Section 6500) of Part 1 of Division 5 of the Labor Code, including Section 6501.8 of the Labor Code, and involves 100-square feet or more of surface area of asbestos-containing material and is such that it requires that the contractor who performs the work must be certified in accordance with subdivision (a) of Section 7058.5 of the Business and Professions Code.
(c)CA Health and Safety Code § 25914.1(c)
“Hazardous substance removal” has the same meaning as used in Section 7058.7 of the Business and Professions Code.
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Section § 25914.2
This law is about handling asbestos and hazardous substances in construction projects. If asbestos or hazardous materials aren't mentioned in the initial bid or contract documents, a separate contract for their removal is needed. If they are mentioned, no separate contract is necessary. If a contractor finds asbestos or hazardous materials that they weren't told about and they aren't safe, they should stop work and inform the owner or a representative in writing, but can continue elsewhere if it's safe. In emergencies involving public entities, asbestos removal should follow specific public contract rules, and contractors must have the necessary registrations and certifications.
(a)CA Health and Safety Code § 25914.2(a)
All asbestos-related work and hazardous substance removal shall be performed pursuant to a contract separate from any other work to be performed, when the presence of asbestos or hazardous substances is not disclosed in the bid or contract documents.
(b)CA Health and Safety Code § 25914.2(b)
All asbestos-related and hazardous substance removal work which is disclosed in the bid or contract documents shall not require a separate contract from any other work to be performed.
(c)CA Health and Safety Code § 25914.2(c)
In the event the contractor encounters on the site materials he or she reasonably believes to be asbestos or a hazardous substance, and the asbestos or hazardous substance has not been rendered harmless, the contractor may continue work in unaffected areas reasonably believed safe, and shall immediately cease work on the area affected and report the condition to the owner, or the owner’s representative, or architect in writing.
(d)CA Health and Safety Code § 25914.2(d)
With regard to a public entity, if an emergency condition arises, as defined in Section 10122 or 22035 of the Public Contract Code, then all asbestos-related and hazardous substance removal shall be contracted and performed pursuant to Section 10122 or 22035 of the Public Contract Code, respectively. Contractors performing the work shall have all registration and certificates required pursuant to the Labor Code and the Business and Professions Code.
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Section § 25914.3
This law allows contractors who are not certified for asbestos work to bid on projects involving asbestos, as long as the actual asbestos work is carried out by a contractor who is properly registered and certified to handle asbestos-related tasks.
Notwithstanding any other provision of law, a contractor who is not certified pursuant to Section 7058.6 of the Business and Professions Code may bid on a project involving asbestos related work so long as the asbestos-related work is performed by a contractor who is registered pursuant to Section 6501.5 of the Labor Code and certified pursuant to Section 7058.6 of the Business and Professions Code.
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