Section 6501.5 Of Chapter 6. Permit Requirements From California Labor Code >> Division 5. >> Part 1. >> Chapter 6.
6501.5
. Effective January 1, 1987, any employer or contractor who
engages in asbestos-related work, as defined in Section 6501.8, and
which involves 100 square feet or more of surface area of
asbestos-containing material, shall register with the division.
The division may grant registration based on a determination that
the employer has demonstrated evidence that the conditions,
practices, means, methods, operations, or processes used, or proposed
to be used, will provide a safe and healthful place of employment.
This section is not intended to supersede existing laws and
regulations under Title 8, California Administrative Code, Section
5208.
An application for registration shall contain such information and
attachments, given under penalty of perjury, as the division may
deem necessary to evaluate the safety and health of the proposed
employment or place of employment. It shall include, but not be
limited to, all of the following:
(a) Every employer shall meet each of the following criteria:
(1) If the employer is a contractor, the contractor shall be
certified pursuant to Section 7058.5 of the Business and Professions
Code.
(2) Provide health insurance coverage to cover the entire cost of
medical examinations and monitoring required by law and be insured
for workers' compensation, or provide a five hundred dollar ($500)
trust account for each employee engaged in asbestos-related work. The
health insurance coverage may be provided through a union,
association, or employer.
(3) Train and certify all employees in accordance with all
training required by law and Title 8 of the California Administrative
Code.
(4) Be proficient and have the necessary equipment to safely do
asbestos-related work.
(b) Provide written notice to the division of each separate job or
phase of work, where the work process used is different or the work
is performed at noncontiguous locations, noting all of the following:
(1) The address of the job.
(2) The exact physical location of the job at that address.
(3) The start and projected completion date.
(4) The name of a certified supervisor with sufficient experience
and authority who shall be responsible for the asbestos-related work
at that job.
(5) The name of a qualified person, who shall be responsible for
scheduling any air sampling, laboratory calibration of air sampling
equipment, evaluation of sampling results, and conducting respirator
fit testing and evaluating the results of those tests.
(6) The type of work to be performed, the work practices that will
be utilized, and the potential for exposure.
Should any change be necessary, the employer or contractor shall
so inform the division at or before the time of the change. Any oral
notification shall be confirmed in writing.
(c) Post the location where any asbestos-related work occurs so as
to be readable at 20 feet stating, "Danger--Asbestos. Cancer and
Lung Hazard. Keep Out."
(d) A copy of the registration shall be provided before the start
of the job to the prime contractor or other employers on the site and
shall be posted on the jobsite beside the Cal-OSHA poster.
(e) The division shall obtain the services of three industrial
hygienists and one clerical employee to implement and to enforce the
requirements of this section unless the director makes a finding that
these services are not necessary or that the services are not
obtainable due to a lack of qualified hygienists applying for
available positions. Funding may, at the director's discretion, be
appropriated from the Asbestos Abatement Fund.
(f) Not later than January 1, 1987, the Division of Occupational
Safety and Health shall propose to the Occupational Safety and Health
Standards Board for review and adoption a regulation concerning
asbestos-related work, as defined in Section 6501.8, which involves
100 square feet or more of surface area of asbestos-containing
material. The regulation shall protect most effectively the health
and safety of employees and shall include specific requirements for
certification of employees, supervisors with sufficient experience
and authority to be responsible for asbestos-related work, and a
qualified person who shall be responsible for scheduling any air
sampling, for arranging for calibration of the air sampling equipment
and for analysis of the air samples by a NIOSH approved method, for
conducting respirator fit testing, and for evaluating the results of
the air sampling.
The Division of Occupational Safety and Health shall also propose
a regulation to the Occupational Safety and Health Standards Board
for review and adoption specifying sampling methodology for use in
taking air samples.