Standards And Administration - Use Of Carcinogens - Labor - CA

Section § 9020

This law section explains that California must adopt workplace safety standards for cancer-causing substances that are at least as strict as federal requirements set under the Occupational Safety and Health Act of 1970. If federal standards are updated, California has six months to amend its rules accordingly.

The section also emphasizes the state's commitment to leading in the prevention of exposure to carcinogens. This means that California intends to create its own standards for substances with strong evidence of being cancer-causing, even if the federal government hasn't set standards for them yet. The Division of Occupational Safety and Health will determine if new standards are necessary and propose them for adoption.

(a) Pursuant to Chapter 6 (commencing with Section 140) of Division 1, the standards board shall adopt standards for carcinogens at least as restrictive as the federal requirements for use of carcinogens promulgated under Section 6 of the Occupational Safety and Health Act of 1970 (P.L. 91-596), as these federal requirements may be revised from time to time. Within six months after the effective date of any change in the federal requirements, the standards board shall amend its standards as necessary to comply with this subdivision.

(b) It is the intent of the Legislature that the state shall exercise strong leadership in preventing employees, employers, and other persons from being exposed to carcinogens. In this connection, it is the further intent of the Legislature that the standards board adopt standards for substances as to which there exists a preponderance of evidence of carcinogenicity, but for which the federal government has not yet promulgated requirements specified in subdivision (a). The division shall determine the necessity for the standards and shall develop and present the proposed standards to the standards board pursuant to Section 147.1.

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Section § 9021

This law states that any rules about using carcinogens that were in place on January 1, 1986, will stay active until they are changed or removed by a specific board.

All standards relating to the use of carcinogens which are in effect on January 1, 1986, including standards set forth in Sections 5208, 5209, and 5210 of Title 8 of the California Administrative Code, shall remain in effect until amended or repealed by the standards board.

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Section § 9021.5

This law requires the Division of Occupational Safety and Health (DOSH) to create regulations for asbestos-related work aimed at protecting workers. By 1987, DOSH was to propose regulations for asbestos work practices and employee certification. By 1991, DOSH had to suggest rules for certifying asbestos consultants and site surveillance technicians, with adoptions by 1992. These rules include the certification process, exams to qualify individuals, and consultation with experts.

Additionally, the section allows DOSH to approve other qualified institutions for preparing and administering exams, as long as they're not involved in paid asbestos work. This law doesn’t exempt employers from other training and hazardous substance requirements, and employers must manage training and certification if contractor certification isn't needed for certain products.

(a) Not later than January 1, 1987, the Division of Occupational Safety and Health shall propose a regulation concerning asbestos-related work, as defined in Section 6501.8, to the Occupational Safety and Health Standards Board for review and adoption so as to protect most effectively the health and safety of employees. The regulation shall also include, but not be limited to, specific work practices and specific requirements for certification of all employees engaged in asbestos-related work.

(b)

(1) Not later than July 1, 1991, the Division of Occupational Safety and Health shall propose regulations for the certification of asbestos consultants and site surveillance technicians to the Occupational Safety and Health Standards Board for consideration and action. By January 1, 1992, the board shall adopt regulations regarding certification. The regulations shall address and encompass procedures to determine the requirements for the certification provided for by Article 11 (commencing with Section 7180) of Chapter 9 of Division 3 of the Business and Professions Code. The division shall prepare and administer an examination to determine qualifications for certification pursuant to subdivision (b) of Section 7184 and subdivision (c) of Section 7185 of the Business and Professions Code. The examination shall be administered on a periodic, regularly scheduled basis.

(2) The division may, in lieu of preparing and administering its own certification examination, approve one or more public or private institutions which offer programs in asbestos abatement training to prepare and administer the examination described in subdivision (b) of Section 7184 and subdivision (c) of Section 7185 of the Business and Professions Code. However, the division shall not approve any institution, organization, individual, or other entity for administering a certification examination if that institution, organization, individual or other entity engages, for compensation, in any aspect of asbestos abatement work. For purposes of developing or approving a certification examination pursuant to this section, the division shall consult with an advisory committee of individuals who have academic and professional experience in asbestos abatement work, including a certified industrial hygienist, representatives of asbestos abatement workers, and asbestos abatement contractors.

(c) This section does not exempt any employer from complying with the Hazardous Substances Information and Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of this code) and regulations adopted thereunder, nor does it exempt any employer from complying with Section 5208 of Title 8 of the California Administrative Code. For products not requiring contractor certification pursuant to subdivision (a) of Section 7058.5 of the Business and Professions Code, training and certification of employees shall be done by the employer.

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Section § 9021.6

Section 9021.6 lays out that asbestos consultants and site surveillance technicians must pay a fee when they apply for certification. This fee covers the costs involved in processing their certification, including exams, and the money goes into the Occupational Safety and Health Fund. Furthermore, any funds or resources from the previous Asbestos Training and Consultant Certification Fund are to be transferred to this fund upon the activation of the new measure.

(a) The division shall charge a fee to each asbestos consultant and site surveillance technician who applies for certification pursuant to subdivision (b) of Section 9021.5 and Article 11 (commencing with Section 7180) of Chapter 9 of Division 3 of the Business and Professions Code. The fee shall be sufficient to cover the direct and indirect costs to the division for administering the certification process, including preparation and administration of the examination. The fees collected shall be deposited in the Occupational Safety and Health Fund. Establishment of any fee pursuant to this section shall be accomplished through the regulatory process required by subdivision (b) of Section 9021.5.

(b) On the effective date of the measure adding this subdivision, any moneys in the Asbestos Training and Consultant Certification Fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund shall be transferred to the Occupational Safety and Health Fund.

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Section § 9021.8

If you are an asbestos consultant or site surveillance technician in California, you need to renew your certification every year. To do that, you must complete annual refresher courses as required by federal law or an equivalent, as decided by the overseeing division.

All asbestos consultant and site surveillance technician certifications shall be renewed annually. The division shall require asbestos consultants and site surveillance technicians to complete the annual refresher courses as required under the Asbestos Hazard Emergency Response Act (Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code) or the equivalent, as determined by the division.

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Section § 9021.9

This law requires the establishment of an advisory committee to develop training programs for workers who may be exposed to asbestos materials. These programs must cover the health risks of asbestos, the types of materials that might be encountered, safe work practices, relevant safety orders, and hands-on training.

The law also requires the approval of training entities that conduct these programs. These entities must meet specific requirements set by the standards board.

A fee will be charged to the approved training entities to cover the costs of the approval process, and these funds will be allocated to the Occupational Safety and Health Fund.

(a) The division shall establish an advisory committee to develop and recommend by September 30, 1994, for action by the standards board in accordance with Section 142.3, specific requirements for hands-on, task-specific training programs for all craft employees who may be exposed to asbestos-containing construction materials and all employees and supervisors involved in operations pertaining to asbestos cement pipe, as specified in subdivision (c) of Section 6501.8. The training programs shall include, but not be limited to, the following information:

(1) The physical characteristics and health hazards of asbestos.

(2) The types of asbestos cement pipe or asbestos-containing construction materials an employee may encounter in his or her specific work assignments.

(3) Safe practices and procedures for minimizing asbestos exposures from operations involving asbestos cement pipe or asbestos-containing construction materials.

(4) A review of general industry and construction safety orders relating to asbestos exposure.

(5) Hands-on instruction using pipe or other construction materials and the tools and equipment employees will use in the workplace.

(b) The division shall approve training entities to conduct task-specific training programs that include the requirements prescribed by the standards board pursuant to this section for employees and supervisors involved in operations pertaining to asbestos cement pipe or asbestos-containing construction materials.

(c) The division shall charge a fee to each asbestos training entity approved by the division pursuant to subdivision (b). The fee shall be sufficient to cover the division’s direct and indirect costs for administering the approval process provided for in subdivision (b). The fees collected shall be deposited in the Occupational Safety and Health Fund. Establishment of any fee pursuant to this section shall be accomplished through the regulatory process required by subdivision (b) of Section 9021.5.

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Section § 9022

This section gives the division the main duty of enforcing rules about substances that can cause cancer. The State Department of Health Services will help the division with this enforcement, as detailed in this chapter and through a written agreement with the division.

The division shall have primary responsibility for enforcement of standards relating to carcinogens. However, the State Department of Health Services shall assist the division in the enforcement of the standards, in the manner prescribed by this chapter, and as shall be further defined by a written agreement between the State Department of Health Services and the department, pursuant to Section 144.

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