PRIOR PRINTER'S NO. 823 PRINTER'S NO. 1103
No. 759 Session of 1989
INTRODUCED BY BELL, AFFLERBACH, GREENLEAF, PETERSON, SHAFFER AND
SHUMAKER, MARCH 23, 1989
SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS
AMENDED, MAY 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,
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1 or any other entity.
2 Section 4. Accreditation required.
3 It shall be unlawful, after July 1, 1988 1989, for any <--
4 person:
5 (1) To engage in an asbestos occupation in a public or
6 nonprofit private elementary or secondary school without
7 accreditation for that occupation from the department.
8 (2) To engage in any asbestos project as a contractor,
9 supervisor or worker without accreditation for that asbestos
10 occupation from the department.
11 (3) To contract or employ in an asbestos occupation a
12 person who does not meet accreditation requirements for that
13 occupation, as set by the department pursuant to this act.
14 Section 5. Regulations.
15 The department shall promulgate regulations establishing
16 standards and procedures that are consistent with Federal law
17 for the accreditation of asbestos occupations. The regulations
18 shall include, but not be limited to, standards for training
19 course approval and review, examinations for accreditation
20 applicants, annual refresher courses and renewal of
21 accreditation, and revocation of accreditation.
22 Section 6. Qualifications for accreditation.
23 (a) General rule.--To qualify for accreditation in a
24 particular asbestos occupation, a person shall have:
25 (1) Successfully completed an asbestos-related training
26 course approved or administered by the department for that
27 occupation.
28 (2) Passed an examination approved or administered by
29 the department.
30 (3) Satisfactorily demonstrated previous training or
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1 experience for the occupation, as the department may require.
2 (b) Procedure.--Any person applying for accreditation shall
3 submit required fees and follow procedures prescribed by the
4 department by regulation.
5 Section 7. Reciprocity.
6 The department may accredit for an asbestos occupation a
7 person who has been accredited for that occupation by another
8 state in conformance with Federal law. To be eligible, that
9 person must also:
10 (1) Successfully complete a training course, approved or
11 administered by the department, on Pennsylvania law, rules
12 and regulations.
13 (2) Pass the examination administered by the department
14 on those topics.
15 (3) Meet any other requirements set by the department.
16 Section 8. Fees.
17 The department shall, by regulation, establish fees that
18 recover revenue sufficient to cover the department's direct and
19 indirect costs in implementing this act. The department may
20 collect fees for applications, issuance and renewal of
21 accreditation, examinations, training course approval and
22 review, job notifications and inspections, recordkeeping and
23 other asbestos-related activities of the department.
24 Section 9. Inspections and records.
25 (a) On-site inspection.--At least once a year, during an
26 actual asbestos project, the department shall conduct an on-site
27 job inspection for each asbestos contractor. The department may
28 make similar job inspections for other asbestos occupations. The
29 department shall have the power and authority to enter at
30 reasonable times upon any property for this purpose.
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1 (b) Record of projects.--An asbestos contractor shall keep a
2 record of each asbestos project that it performs and shall make
3 the record available to the department upon request. Records
4 required by this section shall be kept for at least 30 years,
5 unless otherwise specified by the department. The records shall
6 include:
7 (1) The name, address and accreditation number of the
8 individual who supervised the asbestos project, and the name
9 of each employee or agent of the contractor who worked on the
10 project.
11 (2) The location and a description, as required by the
12 department, of the project and the amount of asbestos
13 material that was removed.
14 (3) The starting and completion dates of each project
15 and a summary of the procedures that were used to comply with
16 all Federal and State standards for asbestos projects.
17 (4) The name and address of each asbestos disposal site
18 where waste containing asbestos was deposited and the
19 disposal site receipts.
20 Section 10. Powers of department.
21 (a) Board DEPARTMENT action.--The department may reprimand, <--
22 or may suspend, deny or revoke the accreditation of, any person
23 who:
24 (1) Fraudulently or deceptively obtains or attempts to
25 obtain accreditation.
26 (2) Fails at any time to meet the qualifications for
27 accreditation or to comply with the requirements of this act
28 or any regulation adopted by the department.
29 (3) Fails to meet any applicable Federal or State
30 standard for asbestos projects.
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1 (b) Hearing.--All actions of the department shall be taken
2 subject to the right of notice, hearing and adjudication and the
3 right of appeal therefrom in accordance with 2 Pa.C.S. (relating
4 to administrative law and procedure).
5 Section 11. Penalties.
6 (a) Criminal penalties.--A person who violates this act
7 commits a misdemeanor of the third degree for the first two
8 violations and shall, upon conviction, be sentenced to pay a
9 fine of not more than $1,000 or to imprisonment for not more
10 than 90 days, or both. For each subsequent violation, a person
11 commits a misdemeanor of the first degree and shall, upon
12 conviction, be sentenced to pay a fine of not more than $2,500
13 or to imprisonment for not more than one year, or both.
14 (b) Civil penalty.--In addition to any other civil remedy or
15 criminal penalty provided for in this act, the department may
16 levy a civil penalty of not more than $1,000 a day for an
17 initial violation and a civil penalty of not more than $5,000 a
18 day for each subsequent violation committed within a three-year
19 period and arising from willful violation of Federal or State
20 standards for asbestos projects.
21 (c) Cease and desist.--The department, upon determination
22 that there is a violation of this act or any regulation
23 promulgated pursuant to this act, may issue an order to cease
24 and desist or to abate hazards, or an order for building closure
25 or evacuation. A person to whom an order is directed shall
26 immediately comply with that order.
27 (d) Failure to obtain valid accreditation.--Any person who
28 engages in an asbestos project without valid accreditation shall
29 be assessed a civil penalty by the department of not more than
30 $25,000 a day. In the case of a continuing violation, every day
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1 such violation continues shall be deemed a separate violation.
2 Section 12. Effective date.
3 This act shall take effect immediately.
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