PRINTER'S NO. 362
No. 361 Session of 1999
INTRODUCED BY ARMSTRONG, THOMPSON, HOLL, MOWERY, WAGNER AND
TOMLINSON, FEBRUARY 8, 1999
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 8, 1999
AN ACT
1 Relating to the industrial hygiene and safety professions;
2 providing protection to the professions of industrial hygiene
3 and safety.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Protection
8 Act for Industrial Hygiene and Safety Professions.
9 Section 2. Purpose.
10 The purpose of this act is to provide legal recognition to
11 the industrial hygiene and safety professions as well as provide
12 assurance to the public that individuals representing themselves
13 as practicing professionals of industrial hygiene and/or safety
14 have met listed minimum qualifications, thereby protecting the
15 public health and safety from harm.
16 Section 3. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "Accredited college or university." A college or university
3 accredited by one of the following accrediting agencies:
4 (1) Middle States Association of Schools and Colleges.
5 (2) New England Association of Schools and Colleges.
6 (3) North Central Association of Colleges and Schools.
7 (4) Northwest Association of Schools and Colleges.
8 (5) Southern Association of Colleges and Schools.
9 (6) Western Association of Schools and Colleges.
10 (7) Any college/university offering a degree that is
11 accredited by an accrediting organization that in turn is
12 recognized by the Council on Higher Education Accreditation
13 (CHEA).
14 A college or university that is located outside the United
15 States will be considered on the basis of its accreditation
16 status in the education system that has jurisdiction.
17 "Accredited program." A program that is accredited by the
18 Accreditation Board of Engineering and Technology (ABET).
19 "American Board of Industrial Hygiene." A nonprofit
20 corporation established to improve the practice and educational
21 standards of the profession of industrial hygiene by certifying
22 individuals who meet its educational, experience and examination
23 requirements.
24 "Associate Safety Professional" or "ASP." A person who has
25 been recognized as an ASP by the Board of Certified Safety
26 Professionals and whose recognition has not lapsed or been
27 revoked.
28 "Board of Certified Safety Professionals" or "BCSP." A
29 nonprofit corporation established to improve the practice and
30 educational standards of the profession of safety by certifying
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1 individuals who meet its educational, experience and maintenance
2 requirements.
3 "Certified Industrial Hygienist" or "CIH." A person who has
4 been certified as a CIH by the American Board of Industrial
5 Hygiene and whose certification has not lapsed or been revoked.
6 "Certified Safety Professional" or "CSP." A person who has
7 been certified as a CSP by the Board of Certified Safety
8 Professionals and whose certification has not lapsed or been
9 revoked.
10 "Construction Health and Safety Technologist" or "CHST." A
11 person who by virtue of education, experience and examination is
12 jointly certified as such by the Board of Certified Safety
13 Professionals (BCSP) and the American Board of Industrial
14 Hygiene (ABIH).
15 "Education." A baccalaureate degree from an accredited
16 college or university in industrial hygiene, safety,
17 engineering, chemistry, physics or a closely related physical or
18 biological science; or a baccalaureate degree from an accredited
19 college or university that contains at least 60 semester hours
20 in science, mathematics, engineering and technology, with at
21 least 15 of those hours at the upper level. A degree that is
22 heavily comprised of only one of those subject areas, in the
23 absence of others, may be judged unacceptable. An unacceptable
24 bachelors degree may be remedied by additional science
25 coursework from an accredited college or university or by
26 completion of a related graduate degree from an accredited
27 college or university.
28 "Full-time professional safety experience." Experience in
29 which safety accounts for at least 50% of the position's
30 activities. Safety shall include experience in conducting
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1 evaluations, providing recommendations, problem resolution,
2 training programs, consultations, analyses of accident causes,
3 system analysis, ergonomics and other similar safety/health
4 services. The individual shall have demonstrated work
5 experience, including the ability to:
6 (1) Anticipate, identify and evaluate hazardous
7 conditions and practices.
8 (2) Develop hazard control designs, methods, procedures
9 and programs.
10 (3) Implement, administer and advise others on hazard
11 controls and hazard control programs.
12 (4) Measure, audit and evaluate the effectiveness of
13 hazard controls and hazard control programs.
14 "Industrial hygiene profession." The science and discipline
15 devoted to the anticipation, recognition, evaluation and control
16 of those environmental factors and stresses arising in or from
17 the workplace that may cause sickness, impaired health and well-
18 being or significant discomfort and inefficiency among workers
19 and the citizens of the community.
20 "Industrial Hygienist In Training" or "IHIT." A person who
21 has been certified as an Industrial Hygienist In Training by the
22 American Board of Industrial Hygiene and whose certification has
23 not lapsed or been revoked.
24 "Occupational Health and Safety Technologist" or "OHST." A
25 person who by virtue of education, experience and examination is
26 jointly certified as such by the American Board of Industrial
27 Hygiene (ABIH) and the Board of Certified Safety Professionals
28 (BCSP).
29 "Safety profession." That science and discipline concerned
30 with the preservation of human and material resources through
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1 the systematic application of principles drawn from the
2 disciplines of engineering, education, chemistry, the physical
3 and biological sciences, ergonomics, psychology, physiology,
4 enforcement and management for:
5 (1) Anticipating, identifying and evaluating potentially
6 hazardous systems, conditions and practices.
7 (2) Developing hazard control designs, methods,
8 procedures and programs.
9 (3) Implementing, administrating and advising others on
10 hazard controls and hazard control programs.
11 (4) Measuring, auditing and evaluating the effectiveness
12 of hazard controls and hazard control programs.
13 Section 4. Professional regulation.
14 An individual shall meet the requirements and qualifications
15 as set out in this act before the individual may use the title
16 or represent himself to the public as an Industrial Hygienist In
17 Training (IHIT), Certified Industrial Hygienist (CIH), Certified
18 Safety Professional (CSP), Associate Safety Professional (ASP),
19 Occupational Health and Safety Technologist (OHST) or
20 Construction Health and Safety Technologist (CHST).
21 Section 5. Enforcement.
22 (a) Unfair practice.--It is an unfair practice for any
23 person to represent himself as an Industrial Hygienist In
24 Training (IHIT), Certified Industrial Hygienist (CIH),
25 Certified Safety Professional (CSP), Associate Safety
26 Professional (ASP), Occupational Health and Safety Technologist
27 (OHST) or Construction Health and Safety Technologist (CHST)
28 unless he complies with the requirements of this act.
29 (b) Penalty.--A person who violates the provisions of this
30 act is subject to a civil penalty of not more than $1,000 per
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1 day for each day that the violation occurs.
2 Section 6. Professional practice.
3 No entity of State or local government shall by rule or
4 otherwise prohibit or restrict the practice of safety, or
5 injury/illness prevention or industrial hygiene by any qualified
6 individual who complies with the provisions established by or
7 pursuant to this act, except where authorized by State law to
8 regulate a specific activity that may include the practice of
9 safety and/or injury/illness prevention and/or industrial
10 hygiene.
11 Section 7. Effective date.
12 This act shall take effect in 60 days.
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