PRINTER'S NO. 823
No. 759 Session of 1989
INTRODUCED BY BELL, MARCH 23, 1989
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 23, 1989
AN ACT 1 Requiring the accreditation of persons engaged in occupations 2 relating to asbestos; granting certain powers to the 3 Department of Labor and Industry; and providing for criminal 4 and civil penalties. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Pennsylvania 9 Asbestos Accreditation Act. 10 Section 2. Legislative finding and intent. 11 The General Assembly finds that exposure to airborne asbestos 12 fibers has been demonstrated to cause significant increases in 13 lung cancer, mesothelioma and other diseases. It is the intent 14 of the General Assembly to prevent unnecessary exposure of the 15 public to asbestos fibers by regulating asbestos abatement 16 practices and requiring Statewide standards for training and 17 accreditation of persons who perform asbestos projects. 18 Section 3. Definitions.
1 The following words and phrases when used in this act shall 2 have the meanings given to them in this section unless the 3 context clearly indicates otherwise: 4 "Accreditation." A certificate or license issued by the 5 department permitting a person to work in an asbestos 6 occupation. 7 "Asbestos." Asbestiform varieties of chrysotile, amosite, 8 crocidolite, anthophyllite, tremolite and actinolite. 9 "Asbestos-containing material." Any material or product that 10 contains more than 1% asbestos. 11 "Asbestos occupation." An inspector, management planner, 12 project designer, contractor, supervisor or worker for an 13 asbestos project. 14 "Asbestos project." Encapsulation, enclosure, removal, 15 repair, operations and maintenance, renovation or demolition 16 project. The term does not include small-scale, short-duration 17 operations and maintenance projects as determined by the 18 department. 19 "Department." The Department of Labor and Industry of the 20 Commonwealth. 21 "Friable asbestos-containing material." Asbestos-containing 22 material that may be crumbled, pulverized or reduced to powder 23 by hand pressure when dry. The term includes any asbestos- 24 containing material that will become, or may reasonably be 25 expected to become, friable as a result of cutting, crushing, 26 grinding or other activities during the asbestos project being 27 conducted. 28 "Person." An individual, partnership, corporation, sole 29 proprietorship, firm, enterprise, franchise, association, State 30 or municipal agency, political subdivision of the Commonwealth, 19890S0759B0823 - 2 -
1 or any other entity. 2 Section 4. Accreditation required. 3 It shall be unlawful, after July 1, 1988, for any person: 4 (1) To engage in an asbestos occupation in a public or 5 nonprofit private elementary or secondary school without 6 accreditation for that occupation from the department. 7 (2) To engage in any asbestos project as a contractor, 8 supervisor or worker without accreditation for that asbestos 9 occupation from the department. 10 (3) To contract or employ in an asbestos occupation a 11 person who does not meet accreditation requirements for that 12 occupation, as set by the department pursuant to this act. 13 Section 5. Regulations. 14 The department shall promulgate regulations establishing 15 standards and procedures that are consistent with Federal law 16 for the accreditation of asbestos occupations. The regulations 17 shall include, but not be limited to, standards for training 18 course approval and review, examinations for accreditation 19 applicants, annual refresher courses and renewal of 20 accreditation, and revocation of accreditation. 21 Section 6. Qualifications for accreditation. 22 (a) General rule.--To qualify for accreditation in a 23 particular asbestos occupation, a person shall have: 24 (1) Successfully completed an asbestos-related training 25 course approved or administered by the department for that 26 occupation. 27 (2) Passed an examination approved or administered by 28 the department. 29 (3) Satisfactorily demonstrated previous training or 30 experience for the occupation, as the department may require. 19890S0759B0823 - 3 -
1 (b) Procedure.--Any person applying for accreditation shall 2 submit required fees and follow procedures prescribed by the 3 department by regulation. 4 Section 7. Reciprocity. 5 The department may accredit for an asbestos occupation a 6 person who has been accredited for that occupation by another 7 state in conformance with Federal law. To be eligible, that 8 person must also: 9 (1) Successfully complete a training course, approved or 10 administered by the department, on Pennsylvania law, rules 11 and regulations. 12 (2) Pass the examination administered by the department 13 on those topics. 14 (3) Meet any other requirements set by the department. 15 Section 8. Fees. 16 The department shall, by regulation, establish fees that 17 recover revenue sufficient to cover the department's direct and 18 indirect costs in implementing this act. The department may 19 collect fees for applications, issuance and renewal of 20 accreditation, examinations, training course approval and 21 review, job notifications and inspections, recordkeeping and 22 other asbestos-related activities of the department. 23 Section 9. Inspections and records. 24 (a) On-site inspection.--At least once a year, during an 25 actual asbestos project, the department shall conduct an on-site 26 job inspection for each asbestos contractor. The department may 27 make similar job inspections for other asbestos occupations. The 28 department shall have the power and authority to enter at 29 reasonable times upon any property for this purpose. 30 (b) Record of projects.--An asbestos contractor shall keep a 19890S0759B0823 - 4 -
1 record of each asbestos project that it performs and shall make 2 the record available to the department upon request. Records 3 required by this section shall be kept for at least 30 years, 4 unless otherwise specified by the department. The records shall 5 include: 6 (1) The name, address and accreditation number of the 7 individual who supervised the asbestos project, and the name 8 of each employee or agent of the contractor who worked on the 9 project. 10 (2) The location and a description, as required by the 11 department, of the project and the amount of asbestos 12 material that was removed. 13 (3) The starting and completion dates of each project 14 and a summary of the procedures that were used to comply with 15 all Federal and State standards for asbestos projects. 16 (4) The name and address of each asbestos disposal site 17 where waste containing asbestos was deposited and the 18 disposal site receipts. 19 Section 10. Powers of department. 20 (a) Board action.--The department may reprimand, or may 21 suspend, deny or revoke the accreditation of, any person who: 22 (1) Fraudulently or deceptively obtains or attempts to 23 obtain accreditation. 24 (2) Fails at any time to meet the qualifications for 25 accreditation or to comply with the requirements of this act 26 or any regulation adopted by the department. 27 (3) Fails to meet any applicable Federal or State 28 standard for asbestos projects. 29 (b) Hearing.--All actions of the department shall be taken 30 subject to the right of notice, hearing and adjudication and the 19890S0759B0823 - 5 -
1 right of appeal therefrom in accordance with 2 Pa.C.S. (relating 2 to administrative law and procedure). 3 Section 11. Penalties. 4 (a) Criminal penalties.--A person who violates this act 5 commits a misdemeanor of the third degree for the first two 6 violations and shall, upon conviction, be sentenced to pay a 7 fine of not more than $1,000 or to imprisonment for not more 8 than 90 days, or both. For each subsequent violation, a person 9 commits a misdemeanor of the first degree and shall, upon 10 conviction, be sentenced to pay a fine of not more than $2,500 11 or to imprisonment for not more than one year, or both. 12 (b) Civil penalty.--In addition to any other civil remedy or 13 criminal penalty provided for in this act, the department may 14 levy a civil penalty of not more than $1,000 a day for an 15 initial violation and a civil penalty of not more than $5,000 a 16 day for each subsequent violation committed within a three-year 17 period and arising from willful violation of Federal or State 18 standards for asbestos projects. 19 (c) Cease and desist.--The department, upon determination 20 that there is a violation of this act or any regulation 21 promulgated pursuant to this act, may issue an order to cease 22 and desist or to abate hazards, or an order for building closure 23 or evacuation. A person to whom an order is directed shall 24 immediately comply with that order. 25 (d) Failure to obtain valid accreditation.--Any person who 26 engages in an asbestos project without valid accreditation shall 27 be assessed a civil penalty by the department of not more than 28 $25,000 a day. In the case of a continuing violation, every day 29 such violation continues shall be deemed a separate violation. 30 Section 12. Effective date. 19890S0759B0823 - 6 -
1 This act shall take effect immediately. C13L12CHF/19890S0759B0823 - 7 -