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. (a) Except as provided in subdivision (c), (d), or (e), no
person shall cause or permit the spraying of any substance containing
any amount of asbestos in or upon a building or other structure
during its construction, alteration, or repair.
(b) Except as provided in subdivision (c), (d), or (e), no person
shall sell, transfer, purchase, or manufacture, including mix,
compound, slurry, suspend, or in any other way prepare any substance
containing any amount of asbestos which would, if sprayed in or upon
a building or other structure during its construction, alteration, or
repair, be regulated pursuant to subdivision (a).
(c) (1) Portland cement plaster containing less than one-half of 1
percent asbestos shall be exempt from the provisions of this chapter
until July 1, 1979.
(2) Pursuant to the provisions of Chapter 6 (commencing with
Section 140) of Division 1 of the Labor Code, on or before June 1,
1979, the Occupational Safety and Health Standards Board shall
conduct public hearings for the purpose of establishing
classifications of methods and processes which are exempt from the
prohibition of subdivision (a) for the use of portland cement plaster
which contains less than one-half of 1 percent asbestos if no
economically feasible method or process of spraying portland cement
plaster which does not contain asbestos is commercially available.
The board shall, on or before July 1, 1979, establish by regulation
such classifications, if any, of methods and processes for the use of
portland cement plaster which contains less than one-half of 1
percent asbestos which the board determines are exempt from the
prohibition of subdivision (a). After July 1, 1979, the board may,
after public hearings, amend, add, or repeal such regulations.
(3) During any use, spraying, application, handling, storage,
repair, disposal, processing, or transportation of portland cement
plaster containing asbestos, the person who causes or permits such
acts pursuant to an exemption provided in, or adopted pursuant to,
this subdivision shall comply with the provisions of Section 5208,
Title 8, California Administrative Code as it exists on the effective
date of the amendments to this section enacted by the Statutes of
1978 or as such provisions may, thereafter, be amended. However, on
or before July 1, 1979, the board shall adopt regulations, and make
such regulations operative on July 1, 1979, to establish the time
weighted average concentration limits and ceiling concentration
limits for employee exposure to airborne asbestos fibers arising from
any use, spraying, application, handling, storage, repair, disposal,
processing, or transportation of portland cement plaster containing
asbestos pursuant to an exemption adopted pursuant to this
subdivision at levels no higher than the levels contained in
subparagraph (A), paragraph (1), subdivision (g) of Section 5208,
Title 8, California Administrative Code, as it exists on the
effective date of the amendments to this section enacted by the
Statutes of 1978 or as such regulations may, thereafter, be amended.
(d) (1) Exterior and interior coatings and laminating resins
containing encapsulated asbestos fibers bound within the finished
product from manufacture through application, and cold process
asphalt roof coatings, shall be exempt from the provisions of this
chapter until July 1, 1979.
(2) Pursuant to the provisions of Chapter 6 (commencing with
Section 140) of Division 1 of the Labor Code, on or before June 1,
1979, the Occupational Safety and Health Standards Board shall
conduct public hearings for the purpose of establishing
classifications of use of products defined in paragraph (1) of this
subdivision which are exempt from the prohibition of subdivision (a).
The board shall, on or before July 1, 1979, establish by regulation
such classifications, if any, of the use of products defined in
paragraph (1) of this subdivision which the board determines are
exempt from the prohibition of subdivision (a). After July 1, 1979,
the board may, after public hearings, amend, add, or repeal such
regulations.
During any use, spraying, application, handling, storage, repair,
disposal, processing, or transportation of such products, the person
who causes or permits such acts pursuant to an exemption provided in,
or adopted pursuant to, this subdivision shall comply with the
provisions of Section 5208, Title 8, California Administrative Code
as it exists on the effective date of the amendments to this section
enacted by the Statutes of 1978 or may, thereafter, be amended.
However, on or before July 1, 1979, the board shall adopt
regulations, and make such regulations operative on July 1, 1979, to
establish the time weighted average concentration limits for employee
exposure to airborne asbestos fibers arising from any use, spraying,
application, handling, storage, repair, disposal, processing, or
transportation of exterior and interior coatings and laminating
resins containing asbestos fibers contained within the finished
product from manufacture through application, and cold process
asphalt roof coatings pursuant to an exemption adopted pursuant to
this subdivision at levels no higher than the levels contained in
subparagraph (A), paragraph (1), subdivision (g) of Section 5208,
Title 8, California Administrative Code, as it exists on the
effective date of the amendments to this section enacted by the
Statutes of 1978 or as such regulations may, thereafter, be amended.
(e) (1) Any substance which contains less than one-quarter of 1
percent asbestos which occurs solely as a result of naturally
occurring impurities in the substance or its components shall be
exempt from the provisions of this chapter until July 1, 1979.
(2) Pursuant to the provisions of Chapter 6 (commencing with
Section 140) of Division 1 of the Labor Code, on or before June 1,
1979, the Occupational Safety and Health Standards Board shall
conduct public hearings for the purpose of establishing
classifications of use of products defined in paragraph (1) of this
subdivision which are exempt from the prohibition of subdivision (a).
The board shall, on or before July 1, 1979, establish by regulation
such classifications, if any, of the use of products defined in
paragraph (1) of this subdivision which the board determines are
exempt from the prohibition of subdivision (a). After July 1, 1979,
the board may, after public hearings, amend, add, or repeal such
regulations.
(3) During any use, spraying, application, handling, storage,
repair, disposal, processing, or transportation of such products, the
person who causes or permits such acts pursuant to an exemption
provided in, or adopted pursuant to, this subdivision shall comply
with the provisions of Section 5208, Title 8, California
Administrative Code as it exists on the effective date of the
amendments to this section enacted by the Statutes of 1978 or may,
thereafter, be amended. However, on or before July 1, 1979, the board
shall adopt regulations, and make such regulations operative on July
1, 1979, to establish the time weighted average concentration limits
and ceiling concentration limits for employee exposure to airborne
asbestos fibers arising from any use, spraying, application,
handling, storage, repair, disposal, processing, or transportation of
any substance which contains less than one-quarter of 1 percent
asbestos which occurs solely as a result of naturally occurring
impurities in the substance or its components pursuant to an
exemption adopted pursuant to this subdivision at levels no higher
than the levels prescribed in subparagraph (A), paragraph (1),
subdivision (g) of Section 5208, Title 8, California Administrative
Code, as it exists on the effective date of the amendments to this
section enacted by the Statutes of 1978 or as such regulations may,
thereafter, be amended.
(f) The adoption of classifications of methods or processes or
uses which are exempted from the prohibition of subdivision (a) by
the Occupational Safety and Health Standards Board made pursuant to
this section shall not in any way limit or prevent any inspections by
the Division of Industrial Safety of the Department of Industrial
Relations. The provisions of this section shall not supersede or in
any way limit the requirements for monitoring and complying with the
airborne asbestos fiber exposure limits, employee protective
requirements, and reporting requirements of Section 24230 of this
code, of Section 142.3 or 6500 of the Labor Code, or of the rules and
regulations adopted pursuant thereto.