Section 9021.5 Of Chapter 3. Standards And Administration From California Labor Code >> Division 5. >> Part 10. >> Chapter 3.
9021.5
. (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.