296-65-001
Purpose and scope.
296-65-003
Definitions.
296-65-005
Asbestos worker training course content.
296-65-007
Asbestos supervisor training course content.
296-65-010
Asbestos worker certification.
296-65-012
Asbestos supervisor certification.
296-65-015
Training course approval.
296-65-017
Contractor certification.
296-65-020
Notification requirements.
296-65-025
Fees.
296-65-030
Methods of compliance.
296-65-035
Reciprocity.
296-65-050
Denial, suspension, and revocation of certificates.
WAC
296-65-001 Purpose and scope.
This standard regulates asbestos removal and encapsulation, requires
contractor certification, specifies minimum training for supervisors
and workers on asbestos projects, requires notification of asbestos
projects, and establishes a training course approval program.
This standard applies to the removal or encapsulation of any materials
containing more than one percent asbestos by volume.
[Statutory Authority: Chapter
49.17 RCW97-19-014 (Order 97-07), § 296-65-001, filed 10/05/97,
effective 11/05/97. 89-21-018 (Order 89-10), § 296-65-001, filed
10/10/89, effective 11/24/89. Statutory Authority: SSB 4209, 1985
c 387. 85-21-080 (Order 85-30), § 296-65-001, filed 10/22/85.]
WAC
296-65-003 Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this standard.
“Approved” means approved by the department.
“Asbestos” includes chrysotile, amosite, crocidolite,
tremolite asbestos, anthophyllite asbestos, and actinolite asbestos,
and any of these minerals that have been chemically treated and/or
altered.
“Asbestos fiber” means asbestos fiber as defined
in WAC 296-62-07703 as “fiber.”
“Asbestos abatement project” means an asbestos
project involving three square feet or three linear feet, or more,
of asbestos containing material.
“Asbestos project” includes the construction,
demolition, repair, remodeling, maintenance or renovation of any
public or private building or structure, mechanical piping equipment
or system involving the demolition, removal, encapsulation, salvage,
or disposal of material or outdoor activity releasing or likely
to release asbestos fibers into the air.
“Certified asbestos contractor” means any
partnership, firm, association, corporation or sole proprietorship,
registered under chapter 18.27 RCW, that submits a bid, or contracts
to remove or encapsulate asbestos for another and is certified
by the department to remove or encapsulate asbestos.
“Certificate” means a certificate issued by
the department that shall include the name of person awarded the
certificate, certificate number, the discipline for which certification
was conferred, training and examination dates, the course provider's
name and address, and the course provider's telephone number,
expiration date, and a statement that the person receiving the
certificate has completed the training for asbestos accreditation
under TSCA Title II.
“Certified asbestos supervisor” means an individual
who is certified by the department under WAC 296-65-012.
“Certified asbestos worker” means an individual
certified by the department under WAC 296-65-010.
“Department” means the department of labor
and industries.
“Demolition” means the activity of razing
a structure which includes the wrecking, removal, or dismantling
of any load-supporting structural member of any facility including
any related handling operations.
“Director” means the director of the department
of labor and industries or the director's designee.
“Emergency project” means a project that was
not planned but results from a sudden, unexpected event and does
not include operations that are necessitated by nonroutine failures
of equipment or systems.
“Encapsulation” means the application of an
encapsulant to asbestos containing materials to control the release
of asbestos fibers into the air. The encapsulation process either
creates a membrane over the surface (bridging encapsulant) or
penetrates the material and binds its components together (penetrating
encapsulant).
“EPA MAP” means the environmental protection
agency model accreditation plan for asbestos requirements in 40
CFR Part 763.
“HEPA filtration” means high-efficiency particulate
air filtration found in respirators and vacuum systems capable
of filtering 0.3 micron particles with 99.97% efficiency.
“Intact” means that the asbestos containing
material has not crumbled, been pulverized, or otherwise deteriorated
so that it is no longer likely to be bound with its matrix.
“NESHAP” means the National Emission Standards
for Hazardous Air Pollutants.
“Owner” means the person who owns any public
or private building, structure, facility, or mechanical system,
or the remnants thereof, or the agent of such person, but does
not include individuals who work on asbestos projects in their
own single-family residences, no part of which is used for commercial
purposes.
“Person” means any individual, partnership,
firm, association, corporation, sole proprietorship, or the state
of Washington or its political subdivisions.
“Revocation” means a permanent withdrawal
of a certification issued by the department.
“Suspension” means a temporary withdrawal
of a certification issued by the department. No suspension shall
be less than six months or longer than one year.
[Statutory Authority: RCW 49.17.010,
.040, .050, and RCW 49.26.130. 00-06-075 (Order 99-40), § 296-65-003,
filed 03/01/00, effective 04/10/00. Statutory Authority: RCW 49.17.040,
.050; RCW 49.26.040 and 49.26.130. 99-17-026 (Order 98-17), §
296-65-003, filed 08/10/99, effective 11/10/99. Statutory Authority:
RCW 49.17.040, 49.17.050, 49.17.060, 96-05-056 (Order 95-18),
§ 296-65-003, filed 02/16/96, effective 04/01/96. Statutory Authority:
Chapter 49.17 RCW. 89-21-018 (Order 89-10), § 296-65-003, filed
10/10/89, effective 11/24/89; 87-24-051 (Order 87-24), § 296-65-003,
filed 11/30/87. Statutory Authority: SSB 4209, 1985 c 387. 85-21-080
(Order 85-30), § 296-65-003, filed 10/22/85.]
WAC
296-65-005 Asbestos worker training course content.
An approved asbestos worker training course shall consist of
four days of training with a minimum of 32 hours. This initial
training course shall provide, at a minimum, information on the
following topics:
(1) The physical characteristics of asbestos including types,
fiber size, aerodynamic characteristics and physical appearance.
(2) Examples of different types of asbestos and asbestos-containing
materials. Real asbestos shall be used only for observation by
trainees and shall be enclosed in sealed unbreakable containers.
(3) The health hazards of asbestos including the nature of asbestos
related diseases, routes of exposure, dose-response relationships,
synergism between cigarette smoking and asbestos exposure, latency
period of diseases, hazards to immediate family, and the health
basis for asbestos standards.
(4) Employee personal protective equipment including the classes
and characteristics of respirator types, limitations of respirators,
proper selection, inspection, donning, use, maintenance and storage
procedure, methods for field checking of the facepiece-to-face
seal (positive and negative-pressure checks), qualitative and
quantitative fit testing procedures, variability between field
and laboratory protection factors, factors that alter respirator
fit (e.g., eye glasses and facial hair), the components of a proper
respiratory protection program, respirator program administrator,
requirements on oil lubricated reciprocating piston compressors
for breathing air, and selection and use of personal protective
clothing. Qualitative or quantitative fit testing shall be performed
on at least one student for demonstration purposes and in accordance
with WAC 296-62-07715 and 296-62-07739.
(5) Use, storage and handling of launderable clothing, nonslip
footwear, gloves, eye protection and hard hats.
(6) Medical monitoring procedures and requirements, including
the provisions of chapter 296-842 WAC, any additional recommended
procedures and tests, benefits of medical monitoring and employee
access to records.
(7) Air monitoring procedures and requirements specified in WAC
296-62-07709, including a description of equipment, sampling methods
and strategies, reasons for air monitoring, types of samples,
including area, personal and clearance samples, current standards
with proposed changes if any, employee observation and notification,
recordkeeping and employee access to records, interpretation of
air monitoring results, and analytical methods for bulk and air
samples.
(8) State-of-the-art work practices for asbestos removal and
encapsulation activities including purpose, proper construction
and maintenance of barriers and decontamination enclosure systems,
posting of warning signs, electrical and ventilation system lock-out,
proper working techniques and tools with vacuum attachments for
minimizing fiber release, use of wet methods and surfactants,
use of negative-pressure ventilation equipment for minimizing
employee exposure to asbestos fibers and contamination prevention,
scoring and breaking techniques for rigid asbestos products, glove
bag techniques, recommended and prohibited work practices, potential
exposure situations, emergency procedures for sudden releases,
use of HEPA vacuums and proper clean-up and disposal procedures.
Work practice requirements for removal, encapsulation, enclosure,
repair, and waste transportation shall be discussed individually.
Appropriate work practices for both indoor and outdoor asbestos
projects shall be included.
(9) Personal hygiene including entry and exit procedures for
the work area, use of showers and prohibition of eating, drinking,
smoking and chewing (gum or tobacco) in the work area. Potential
exposures, such as family exposure shall also be included.
(10) Additional safety hazards that may be encountered during
asbestos removal and encapsulation activities and hazard abatement,
including electrical hazards, scaffold and ladder hazards, slips,
trips and falls, confined spaces, noise, and heat stress.
(11) The requirements, procedures and standards established by:
(a) The Environmental Protection Agency, 40 CFR Part 61, Subparts
A and M, and 40 CFR Part 763.
(b) Washington state department of ecology.
(c) Local air pollution control agencies.
(d) Washington state department of labor and industries, division
of industrial safety and health, chapter 49.17 RCW (Washington
Industrial Safety and Health Act), chapter 49.26 RCW (Health
and safety--Asbestos), and ensuing regulations.
(12) Actual worksite considerations.
(13) The instruction required by this section shall include,
at a minimum fourteen hours of hands-on training for the following:
(a) Glove bag techniques;
(b) The opportunity to don respirators including half facepiece
and full facepiece air purifying respirators, powered air purifying
respirators (PAPR), and Type-C supplied-air respirators;
(c) Removal of sprayed-on or troweled-on material, and pipe
lagging;
(d) Basic construction of a decontamination unit, and proper
entry and exit;
(e) Suit-up in protective clothing consisting of coveralls,
foot coverings and head coverings.
(14) Course review, a review of the key aspects of the training
course.
(15) Asbestos-containing materials shall not be used for hands-on
training.
(16) In recognition that asbestos abatement is an evolving industry,
the department reserves the right to require additional subjects
to be taught and to specify the amount of time which shall be
allotted to adequately cover required subjects. To assure adequate
coverage of required material, each sponsor shall be provided
and required to incorporate into the training course, a detailed
outline of subject matter developed by the department.
[Statutory Authority: RCW 49.17.010,
.040, .050, and .060. 07-03-163 (Order 06-30), § 296-65-005,
filed 01/24/07, effective 04/01/07. Statutory Authority: RCW 49.17.040,
49.17.050, 49.17.060, 96-05-056 (Order 95-18), § 296-65-005, filed
02/16/96, effective 04/01/96. Statutory Authority: Chapter 49.17
RCW. 89-21-018 (Order 89-10), 296-65-005, filed 10/10/89, effective
11/24/89; 87-24-051 (Order 87-24), § 296-65-005, filed 11/30/87.
Statutory Authority: RCW 49.17.050(2) and 49.17.040. 87-10-008
(Order 87-06), § 296-65-005, filed 4/27/87. Statutory Authority:
SSB 4209, 1985 c 387. 85-21-080 (Order 85-30), § 296-65-005, filed
10/22/85.]
WAC
296-65-007 Asbestos supervisor training course content.
An approved asbestos supervisor training course shall consist
of at least five days of training. This initial training course
shall include lectures, demonstrations, at least fourteen hours
of hands-on training, course review and a written examination.
Audio-visual materials, where appropriate, are recommended to
complement lectures. The training course shall provide, at a minimum,
information on the following topics:
(1) The physical characteristics of asbestos and asbestos-containing
materials including identification of asbestos, aerodynamic characteristics,
typical uses, physical appearance, hazard assessment considerations,
and a summary of abatement control options.
(2) Health effects related to asbestos exposure including the
nature of asbestos related diseases, routes of exposure, dose-response
relationships and the lack of a safe level of exposure, synergism
between asbestos exposure and cigarette smoking, latency period,
hazards to the immediate family and the health basis for the standard.
(3) Employee personal protective equipment including the classes
and characteristics of respirator types, limitations of respirators,
proper selection, inspection, donning, use, maintenance, and storage
procedures, methods for field checking of the facepiece-to-face
seal (positive and negative pressure checks), variability between
field and laboratory protection factors, quantitative and qualitative
fit test requirements, factors that alter respirator fit (facial
hair, scars, etc.), the components of a proper respirator program,
requirements for oil lubricated reciprocating compressors, maintenance
of Type-C systems, standards for breathing air, selection and
use of personal protective clothing, use, storage, and handling
of nondisposable clothing, and regulations covering personal protective
equipment.
(4) State-of-the-art work practices for asbestos removal and
encapsulation activities including purpose, proper construction
and maintenance of barriers and decontamination enclosure systems,
posting of warning signs, electrical and ventilation system lock-out,
proper working techniques and tools with vacuum attachments for
minimizing fiber release, use of wet methods and surfactants,
use of negative-pressure ventilation equipment for minimizing
employee exposure to asbestos fibers and contamination prevention,
scoring and breaking techniques for rigid asbestos products, glove
bag techniques, recommended and prohibited work practices, potential
exposure situations, emergency procedures for sudden releases,
use of HEPA vacuums and proper clean-up and disposal procedures.
Work practice requirements for removal, encapsulation, and repair
shall be discussed separately. Appropriate work practices for
both indoor and outdoor asbestos projects shall be included.
(5) Personal hygiene including entry and exit procedures for
the work area, use of showers and prohibition of eating, drinking,
smoking, and chewing (gum and tobacco) in the work area. Potential
exposures, such as family exposure shall also be included.
(6) Additional safety hazards that may be encountered during
asbestos abatement activities and how to deal with them, including
electrical hazards, heat stress, air contaminants other than asbestos,
fire and explosion hazards, scaffold and ladder hazards, slips,
trips, and falls, confined space entry requirements, and noise
hazards.
(7) Medical monitoring procedures and requirements, including
the provisions of chapter 296-842 WAC, any additional recommended
procedures and tests, benefits of medical monitoring and recordkeeping
requirements.
(8) Air monitoring procedures and requirements specified in WAC
296-62-07709, including a description of equipment, sampling methods
and strategies, reasons for air monitoring, types of samples,
including area, personal and clearance samples, a description
of aggressive sampling, current standards with proposed changes
if any, employee observation and notification, recordkeeping,
interpretation of air monitoring results, specifically from analyses
performed by polarized light, phase contrast, and electron microscopy.
(9) The requirements, procedures, and standards established by:
(a) The Environmental Protection Agency, 40 CFR Part 61, Subparts
A and M, and 40 CFR Part 763.
(b) The Washington state department of ecology.
(c) Local air pollution control agencies.
(d) Washington state department of labor and industries, division
of industrial safety and health, chapter 49.17 RCW (Washington
Industrial Safety and Health Act), chapter 49.26 RCW (Health
and safety--Asbestos), and ensuing regulations.
(10) Actual worksite considerations.
(11) Insurance and liability issues including contractor issues,
industrial insurance coverage and exclusions, third party liabilities
and defenses, private insurance coverage and exclusions, recordkeeping
recommended for legal and insurance purposes.
(12) Supervisory techniques for asbestos abatement projects including
supervisory practices to enforce and reinforce the required work
practices and discourage unsafe work practices.
(13) Contract specifications including a discussion of the key
elements to be included in contract specifications.
(14) A minimum of fourteen hours of hands-on training for the
following:
(a) Calibration of air-sampling equipment;
(b) Routine maintenance of air-purifying and air-supplied respirators;
(c) Setup of a decontamination unit including calculating the
number of negative air machines needed as well as proper placement
of the machines within the enclosure; and
(d) Quantitative and qualitative fit-testing protocols.
(15) Course review, a review of the key aspects of the training
course.
(16) In recognition that asbestos abatement is an evolving industry,
the department reserves the right to require additional subjects
to be taught and to specify the amount of time which shall be
allotted to adequately cover required subjects. To assure adequate
coverage of required material, each sponsor shall be provided
and required to incorporate into their training course, a detailed
outline of subject matter developed by the department.
[Statutory Authority: RCW 49.17.010,
.040, .050, and .060. 07-03-163 (Order 06-30), § 296-65-007,
filed 01/24/07, effective 04/01/07. Statutory Authority: RCW 49.17.040,
49.17.050, 49.17.060, 96-05-056 (Order 95-18), § 296-65-007, filed
02/16/96, effective 04/01/96. Statutory Authority: Chapter 49.17
RCW. 89-21-018 (Order 89-10), § 296-65-007, filed 10/10/89, effective
11/24/89.]
WAC
296-65-010 Asbestos worker certification.
(1) For the purposes of this section “individual”
means any natural person.
(2) To qualify for an asbestos worker certificate, an individual
must do the following:
(a) Successfully complete an approved asbestos worker training
course;
(b) Achieve a score of at least seventy percent on a one hundred
question multiple choice closed book examination approved by
the department but administered by the training course sponsor.
If an individual does not pass the examination, then another
examanation (meeting the above criteria) may be given after
a sufficient period of study. The new examination must not duplicate
more than fifty percent of the questions used on prior examinations;
(c) Submit to the department a timely application validated
by an approved training course sponsor. To be considered timely,
an application must be received by the department no later than
sixty days after the completion of the course. In the event
that an application is not timely, the individual will be required
to pass, with a score of at least seventy percent, an examination
administered by the department. A nonrefundable fifty-dollar
fee will be assessed when the application is submitted to the
department; and
(d) Pay the fee prescribed in WAC 296-65-025.
(3) Individuals must not perform any asbestos project work prior
to issuance of the certificate.
(4) Certificates will be issued and mailed to the individual
applicants and will be valid for one year from the date of issuance.
(5) Certified asbestos workers shall attend an eight-hour worker
refresher course prior to certificate renewal.
(a) The course shall, at a minimum, adequately review the subjects
required by WAC 296-65-005, update information on state-of-the-art
procedures and equipment, and review regulatory changes and
interpretations. The department may require specific subjects.
(b) An application for renewal of the certificate must be validated
by the refresher training course instructor.
(c) The refresher course must be taken prior to expiration
of the certificate .
(d) The department must receive the certificate renewal application
no later than the expiration date of the current certificate.
Applicants missing this renewal deadline will be required to
pass, with a score of seventy percent, an examination administered
by the department. A nonrefundable fifty-dollar fee will be
charged to take this examination.
(e) Individuals whose certificates have been expired for more
than six months will be required to retake the entire basic
worker course.
(6) The initial TSCA Title II worker accreditation certificate
and the current worker certificate must be available for inspection
at all times at the location of the asbestos project.
(7) The department may suspend or revoke a certificate as provided
in WAC 296-65-050 and chapter 296-900 WAC.
[Statutory Authority: RCW 49.17.010,
.040, .050, and .060. 07-03-163 (Order 06-30), § 296-65-010,
filed 01/24/07, effective 04/01/07. Statutory Authority: RCW 49.17.040,
.050; RCW 49.26.040 and 49.26.130. 99-17-026 (Order 98-17), §
296-65-010, filed 08/10/99, effective 11/10/99. Statutory Authority:
RCW 49.17.040, 49.17.050, 49.17.060, 96-05-056 (Order 95-18),
§ 296-65-010, filed 02/16/96, effective 04/01/96. Statutory Authority:
Chapter 49.17 RCW. 89-21-018 (Order 89-10), § 296-65-010, filed
10/10/89, effective 11/24/89. Statutory Authority: SSB 4209, 1985
c 387. 85-21-080 (Order 85-30), § 296-65-010, filed 10/22/85.]
WAC
296-65-012 Asbestos supervisor certification.
(1) For the purposes of this section, “individual”
means any natural person.
(2) To qualify for an asbestos supervisor certificate, an individual
must meet the following criteria:
(a) Have at least 1600 hours of experience in one or more of
the following disciplines:
(i) Asbestos abatement;
(ii) Asbestos project design;
(iii) Consultation on asbestos abatement projects;
(iv) Operations and maintenance program supervision;
(v) Construction project supervision.
(b) Successfully complete an approved asbestos supervisor training
course;
(c) Achieve a score of at least seventy percent on a one hundred
question multiple choice closed book examination approved by
the department but administered by the training course sponsor.
If an individual does not pass the examination, then another
examanation (meeting the above criteria) may be given after
a sufficient period of study. The new examaination must not
duplicate more than fifty percent of the questions used on prior
examanations;
(d) Submit to the department a timely application validated
by an approved training course sponsor. To be considered timely,
an application must be received by the department no later than
sixty days after the completion of the course. In the event
that an application is not timely, the individual will be required
to pass, with a score of at least seventy percent, an examination
administered by the department. A nonrefundable fifty-dollar
fee will be assessed when the application is submitted to the
department; and
(e) Pay the fee prescribed in WAC 296-65-025.
(3) An individual must not supervise any asbestos project prior
to issuance of the certificate.
(4) Certificates will be issued and mailed to the individual
applicants and will be valid for one year from the date of issuance.
(5) A certified asbestos supervisor must attend an eight-hour
supervisor refresher course prior to certificate renewal. It is
not necessary to also take a worker refresher course.
(a) The course must, at a minimum, adequately review the subjects
required by WAC 296-65-007, update information on state-of-the-art
procedures and equipment, and review regulatory changes and
interpretations. The department may require specific subjects.
(b) An application for renewal of the certificate must be validated
by the refresher training course instructor.
(c) The refresher course must be taken prior to expiration
of the certificate.
(d) The department must receive the certificate renewal application
no later than the expiration date of the current certificate.
Applicants missing this renewal deadline will be required to
pass, with a score of seventy percent, an examination administered
by the department. A nonrefundable fifty-dollar fee will be
charged to take this examination.
(e) Individuals whose certificates have been expired for more
than six months will be required to retake the entire basic
supervisor course.
(6) The initial TSCA Title II supervisor accreditation certificate
and the current supervisor certificate must be available for inspection
at all times at the location of the asbestos project.
(7) The department may suspend or revoke a certificate as provided
in WAC 296-65-050 and chapter 296-900 WAC.
[Statutory Authority: RCW 49.17.010,
.040, .050, and .060. 07-03-163 (Order 06-30), § 296-65-012,
filed 01/24/07, effective 04/01/07. Statutory Authority: RCW 49.17.040,
.050; RCW 49.26.040 and 49.26.130. 99-17-026 (Order 98-17), §
296-65-012, filed 08/10/99, effective 11/10/99. Statutory Authority:
RCW 49.17.040, 49.17.050, 49.17.060, 96-05-056 (Order 95-18),
§ 296-65-012, filed 02/16/96, effective 04/01/96. Statutory Authority:
Chapter 49.17 RCW. 89-21-018 (Order 89-10), § 296-65-012, filed
10/10/89, effective 11/24/89.]
WAC
296-65-015 Training course approval.
(1) Basic and refresher asbestos training courses may be sponsored
by any individual, person, or other entity having department approval.
Approval shall be contingent on the sponsor's compliance, as applicable,
with licensing requirements established by the state board of
vocational education.
(2) Prior to receiving department approval, each course shall
be evaluated by the department for the breadth of knowledge and
experience required to properly train asbestos workers or supervisors.
Course content shall be carefully scrutinized for adequacy and
accuracy. Training techniques will be evaluated by the department.
(3) Sponsors of basic and refresher training courses proposed
for approval must submit:
(a) Background information about course sponsors;
(b) Course locations and fees;
(c) Copies of course handouts;
(d) A detailed description of course content and the amount
of time allotted to each major topic;
(e) A description of teaching methods to be utilized and a
list of all audio-visual materials; the department may, in its
discretion, request that copies of the materials be provided
for review. Any audio-visual materials provided to the department
will be returned to the applicant;
(f) A list of all personnel involved in course preparation
and presentation and a description of the background, special
training and qualifications of each. Instructors shall have
academic and/or field experience in asbestos abatement. The
department may, in its discretion, require proposed instructors
to pass an examination on subjects related to their respective
topics of instruction;
(g) A description of student evaluation methods and a copy
of the required written examination including the scoring methodology
to be used in grading the examination;
(h) A description of course evaluation methods;
(i) Any restrictions on attendance (language, class size, affiliation,
etc.);
(j) A list of any other states that currently approve the training
course;
(k) A letter from the course provider that clearly indicates
how the course provider meets the EPA MAP requirements; and
(l) The amount and type of hands-on training for initial training
courses.
(4) Application for training course approval and course materials
shall be submitted to the department at least sixty days prior
to the requested approval date. Materials may be mailed to:
Asbestos
Certification Program
Department
of Labor and Industries
P.O.
Box 44614
Olympia,
Washington 98504-4614
(5) The decision to grant or renew approval of a basic or refresher
asbestos training course shall be in the sole discretion of the
department.
Following approval of a basic or refresher asbestos training
course, the department will issue the course sponsor an approval
which is valid for one year from the date of issuance. Application
for renewal must follow the procedures described in subsections
(3) and (4) of this section.
Following approval of a basic or refresher asbestos training
course, in recognition that asbestos abatement is an evolving
industry, the department reserves the right to require additional
subjects to be taught and to specify the amount of time which
shall be allotted to adequately cover required subjects. To assure
adequate coverage of required material, each sponsor shall be
provided and required to incorporate into their training course,
a detailed outline of subject matter developed by the department.
(6) To be considered timely, the training course approval renewal
must be received by the department no later than thirty days before
the certificate expiration date.
(7) Any changes to a training course must be approved by the
department in advance.
(8) The course sponsor shall provide the department with a list
of all persons who have completed a basic or refresher training
course. The list must be provided no later than ten days after
a course is completed and must include the name and address of
each trainee.
(9) The course sponsor must notify the department, in writing,
at least fourteen days before a training course is scheduled to
begin. The notification must include the date, time and address
where the training will be conducted.
(10) A representative of the department may, at the department's
discretion, attend a training course as an observer to verify
that the training course is conducted in accordance with the program
approved by the department.
(11) Course sponsors conducting training outside the state of
Washington shall reimburse the department for reasonable travel
expenses associated with department audits of the training courses.
Reasonable travel expenses are defined as current state of Washington
per diem and travel allowance rates including airfare and/or surface
transportation rates. Such reimbursement shall be paid within
thirty days of receipt of the billing notice.
(12) The training course sponsor shall limit each class to a
maximum of thirty participants.
(13) The instructor to student ratio shall not exceed one-to-ten
for any of the training required by WAC 296-65-005(13) and 296-65-007(14).
(14) The department may terminate the training course approval,
if in the department's judgment the sponsor fails to maintain
the course content and quality as initially approved, or fails
to make changes to a course as required by WAC 296-65-015(5).
The minimum criteria for withdrawal of training course approval
shall include:
(a) Misrepresentation of the extent of training courses approval
by a state or EPA;
(b) Failure to submit required information or notification
in a timely manner;
(c) Failure to maintain requisite records;
(d) Falsification of accreditation records, instructor qualifications,
or other accreditation information; or
(e) Failure to adhere to the training standards and accreditation
requirements of chapter 296-65 WAC.
(15) Any “notice of termination of training course approval”
issued by the department may act as an order of immediate restraint
as described by RCW 49.17.130.
(16) Recordkeeping requirements for training providers: All approved
providers of accredited asbestos training courses must comply
with the following minimum recordkeeping requirements:
(a) Training course materials. A training provider must retain
copies of all instructional materials used in delivery of the
classroom training such as student manuals, instructor notebooks
and handouts.
(b) Instructor qualifications. A training provider must retain
copies of all instructors' resumes, and the documents approving
each instructor issued by either EPA or the department. Instructors
must be approved by the department before teaching courses for
accreditation purposes. A training provider must notify the
department in advance whenever it changes course instructions.
Records must accurately identify the instructors that taught
each particular course for each date that a course is offered.
(c) Examinations. A training provider must document that each
person who receives an accreditation certificate for an initial
training course has achieved a passing score on the examination.
These records must clearly indicate the date upon which the
exam was administered, the training course and discipline for
which the exam was given, the name of the person who proctored
the exam, a copy of the exam, and the name and test score of
each person taking the exam. The topic and dates of the training
course must correspond to those listed on that person's accreditation
certificate.
(d) Accreditation certificates. The training providers shall
maintain records that document the names of all persons who
have been awarded certificates, their certificate numbers, the
disciplines for which accreditation was conferred, training
and expiration dates, and the training location. The training
provider shall maintain the records in a manner that allows
verification by telephone of the required information.
(e) Verification of certificate information. Training providers
of refresher training courses shall confirm that their students
possess valid accreditation before granting course admission.
(f) Records retention and access.
(i) The training provider shall maintain all required records
for a minimum of three years. The training provider, however,
may find it advantageous to retain these records for a longer
period of time.
(ii) The training provider must allow reasonable access to
all of the records required by the MAP, and to any other records
which may be required by the department for the approval of
asbestos training providers or the accreditation of asbestos
training courses, to both EPA and to the department, on request.
(iii) If a training provider ceases to conduct training,
the training provider shall notify the department and give
it the opportunity to take possession of that provider's asbestos
training records.
(17) A representative of the department may, at the department's
discretion, provide an examination as a substitution to the examination
administered by the training course provider. The examination
replacement will be used to verify that the training course is
conducted in accordance with the program approved by the department.
[Statutory Authority: RCW 49.17.040,
49.17.050, 49.17.060, 97-01-079 (Order 96-12), § 296-62-015, filed
12/17/96, effective 03/01/97 03/01/97. 96-05-056 (Order 95-18),
296-65-015, filed 02/16/96, effective 04/01/96. Statutory Authority:
Chapter 49.17 RCW. 89-21-018 (Order 89-10), § 296-65-015, filed
10/10/89, effective 11/24/89; 87-24-051 (Order 87-24), § 296-65-015,
filed 11/30/87. Statutory Authority: RCW 49.17.050(2) and 49.17.040.
87-10-008 (Order 87-06), § 296-65-015, filed 4/27/87. Statutory
Authority: SSB 4209, 1985 c 387. 85-21-080 (Order 85-30), § 296-65-015,
filed 10/22/85.]
WAC
296-65-017 Contractor Certification.
(1) In order to obtain certification, an asbestos contractor
must submit an application to the department. The application
shall provide the following information:
(a) A list of asbestos projects conducted by the contractor
during the previous twelve months. Such list shall include for
each project:
(i) Project name;
(ii) Location;
(iii) Brief description;
(iv) Identity of any citations or enforcement actions issued
for violations of asbestos regulations by any local, state,
or federal jurisdiction relative to each individual project;
and
(v) Name of the on-site project manager or supervisor.
(b) A list of asbestos supervisors (include certification number)
working for the company.
(c) A statement certifying that the contractor has read and
understands all applicable Washington state rules and regulations
regarding asbestos abatement and will comply with them.
(d) A statement certifying that the applicant contractor's
asbestos license or accreditation issued by any other state
or jurisdiction has not been revoked, suspended, or denied by
that state or jurisdiction.
(2) Upon approval, the department will issue the contractor a
certificate. Denial of approval shall be in writing.
(3) Certificates shall be valid for a period of twelve months.
Certificates may be extended during department review of a renewal
application.
Note: In circumstances where it is necessary
to coordinate an expiration date with the date of expiration of
a contractor registration issued under chapter 18.27 RCW, certificates
may be valid for less than one year. In such circumstances, the
certificate fee prescribed in WAC 296-65-025 shall be prorated
accordingly for the initial application only.
(4) The application for certificate renewal shall contain the
information specified in subsection (1) of this section.
(5) Applications for renewal must be received by the department
not less than sixty days before the certificate expires.
(6) The department may suspend or revoke the certificate as provided
in WAC 296-65-050 and chapter 296-900 WAC.
[Statutory Authority: RCW 49.17.010,
.040, .050, and .060. 07-03-163 (Order 06-30), § 296-65-017,
filed 01/24/07, effective 04/01/07. Statutory Authority: RCW 49.17.040,
49.17.050, 49.17.060, 96-05-056 (Order 95-18), § 296-65-017, filed
02/16/96, effective 04/01/96. Statutory Authority: Chapter 49.17
RCW. 89-21-018 (Order 89-10), § 296-65-017, filed 10/10/89, effective
11/24/89.]
WAC
296-65-020 Notification requirements.
(1) Before any person or individual begins an asbestos project
as defined in WAC 296-62-07722 and 296-65-003 involving more than
forty-eight square feet or ten linear feet, unless the surface
area of the pipe is greater than forty-eight square feet, of asbestos
containing material, written notification must be provided to
the department. Notices must include:
(a) Name and address of the owner and contractor.
(b) Description of the facility including size, age, and prior
use of the facility.
(c) Amount of asbestos-containing material to be removed or
encapsulated.
(d) Location of the facility.
(e) Exact starting and completion dates of the asbestos project,
including shifts during which abatement work will be accomplished.
These dates must correspond to the dates specified for asbestos
removal in the contract. Any change in these dates or work shifts
must be communicated to the department by an amended notice
filed at the office where the original notice was filed.
When the starting date or time changes, the amended notice
must be filed no later than 5:00 p.m. on the business day prior
to the starting date in the original notice and prior to the
new starting date.
When the completion date or time changes, the amended notice
must be filed before completion of the project, and within eight
hours from when the person learns that the change will occur.
Notice may be filed by facsimile (FAX).
(f) Nature of the project and methods used to remove or encapsulate
the material.
(2) Notices must be received by the department no later than
ten days prior to the start of the project. Notices must be sent
directly to the department of labor and industries regional office
having jurisdiction on the project.
(3) The director may waive the prenotification requirement upon
written request of an owner for large-scale, on-going projects.
In granting such a waiver, the director will require the owner
to provide prenotification if significant changes in personnel,
methodologies, equipment, work site, or work procedures occur
or are likely to occur. The director will further require annual
resubmittal of such notification.
(4) The director, upon review of an owner's reports, work practices,
or other data available as a result of inspections, audits, or
other authorized activities, may reduce the size threshold for
prenotification required by this section. Such a change will be
based on the director's determination that significant problems
in personnel, methodologies, equipment, work site, or work procedures
are creating the potential for violations of this chapter.
(5) Emergency projects which disturb or release asbestos into
the air must be reported to the department within three working
days after commencement of the project in the manner otherwise
required under this chapter. The employees, the employees' collective
bargaining representative or employee representative, if any,
and other persons at the project area must be notified of the
emergency as soon as possible by the person undertaking the emergency
project. A notice describing the nature of the emergency project
must be clearly posted adjacent to the work area.
(6) Incremental phasing in the conduct or design of asbestos
projects or otherwise conducting or designing asbestos projects
of a size less than the threshold exemption specified in subsection
(1) of this section, with the intent of avoiding the notification
requirements, is a violation of this chapter.
[Statutory Authority: RCW 49.17.040,
.050; RCW 49.26.040 and 49.26.130. 99-17-026 (Order 98-17), §
296-65-020, filed 08/10/99, effective 11/10/99. Statutory Authority:
RCW 49.17.040, 49.17.050, 49.17.060, 96-05-056 (Order 95-18),
§ 296-65-020, filed 02/16/96, effective 04/01/96. Statutory Authority:
Chapter 49.17 RCW. 89-21-018 (Order 89-10), § 296-65-020, filed
10/10/89, effective 11/24/89; 87-24-051 (Order 87-24), 296-65-020,
filed 11/30/87. Statutory Authority: RCW 49.17.050(2) and 49.17.040.
87-10-008 (Order 87-06), § 296-65-020, filed 4/27/87. Statutory
Authority: SSB 4209, 1985 c 387. 85-21-080 (Order 85-30), § 296-65-020,
filed 10/22/85.]
WAC
296-65-025 Fees.
(1) A nonrefundable administrative fee of twenty-five dollars
will be assessed for each initial, replacement, or renewal asbestos
worker certificate application. The fee (check or money order)
must accompany the certificate application and be made payable
to the department. An application form may be obtained from any
approved training course instructor or directly from the department.
(2) A nonrefundable administrative fee of thirty-five dollars
will be assessed for each initial, replacement, or renewal asbestos
supervisor certificate application. The fee (check or money order)
must accompany the certificate application and be made payable
to the department. An application form may be obtained from any
approved training course instructor or directly from the department.
(3) A nonrefundable administrative fee of one thousand dollars
will be assessed for each initial or renewal contractor certificate
application. The fee (check or money order) must accompany the
certificate application and be made payable to the department.
An application form may be obtained from the department.
Note: In circumstances where it is necessary
to coordinate an expiration date with the date of expiration of
a contractor registration issued under chapter 18.27 RCW, certificates
may be valid for less than one year. In such circumstances, the
certificate fee prescribed in WAC 296-65-025 will be prorated
accordingly for the initial application only.
(4) A nonrefundable administrative fee of one thousand dollars
will be assessed for each initial and renewal application for
training course approval. A check or money order must accompany
any application made under the provisions of WAC 296-65-015.
[Statutory Authority: RCW 49.17.040,
.050; RCW 49.26.040 and 49.26.130. 99-17-026 (Order 98-17), §
296-65-025, filed 08/10/99, effective 11/10/99. Statutory Authority:
Chapter 49.17 RCW. 89-21-018 (Order 89-10), § 296-65-025, filed
10/10/89, effective 11/24/89; 87-24-051 (Order 87-24), § 296-65-025,
filed 11/30/87. Statutory Authority: SSB 4209, 1985 c 387. 85-21-080
(Order 85-30), § 296-65-025, filed 10/22/85.]
WAC
296-65-030 Methods of compliance.
(1) Before submitting a bid or working on an asbestos abatement
project, any person or individual must obtain an asbestos contractor
certificate as provided in WAC 296-65-017 and must have in its
employ at least one certified asbestos supervisor responsible
for supervising all asbestos projects undertaken by the contractor.
(2) A certified asbestos supervisor will not be required on asbestos
projects involving less than three square feet or three linear
feet of asbestos-containing material unless the surface area of
the pipe is greater than three square feet. A certified asbestos
supervisor is required for all Class I and II asbestos work in
accordance with WAC 296-62-07728 (4).
(3) No employee or other individual is eligible to do work or
supervise an asbestos project without being issued a certificate
by the department.
(a) Employees performing Class I or Class II asbestos work
must be certified asbestos workers as specified in WAC 296-62-07722.
(b) Employees performing Class III or Class IV asbestos work
specified by WAC 296-62-07722 as an asbestos project shall be
certified asbestos workers.
(4) No person may assign any employee, contract with, or permit
any individual, to work on an asbestos project as specified in
WAC 296-62-07722 in any facility without the project being performed
by a certified asbestos worker.
(5) A certified asbestos supervisor must provide direct, on-site
supervision for an asbestos project. When an employer conducts
an asbestos abatement project in its own facility by its own certified
employees, supervision may be performed in the regular course
of a certified asbestos supervisor's duties. Asbestos workers
must have access to and be under the control of certified asbestos
supervisors throughout the duration of the project.
(6) Any construction, renovation, remodeling, maintenance, repair,
or demolition which was started without meeting the requirements
of this section must be halted immediately and cannot be resumed
before meeting such requirements.
[Statutory Authority: RCW 49.17.040,
.050; RCW 49.26.040 and 49.26.130. 99-17-026 (Order 98-17), §
296-65-030, filed 08/10/99, effective 11/10/99. Statutory Authority:
RCW 49.17.040, [49.17.]050 and [49.17.]060. 97-19-014 (Order 97-07),
296-65-030, filed 10/05/97, effective 11/05/97. 96-05-056, § 296-65-030,
filed 2/16/96, effective 4/1/96. Statutory Authority: Chapter
49.17 RCW. 89-21-018 (Order 89-10), § 296-65-030, filed 10/10/89,
effective 11/24/89. Statutory Authority: RCW 49.17.050(2) and
49.17.040. 87-10-008 (Order 87-06), § 296-65-030, filed 4/27/87.
Statutory Authority: SSB 4209, 1985 c 387. 85-21-080 (Order 85-30),
§ 296-65-030, filed 10/22/85.]
WAC
296-65-035 Reciprocity.
(1) The department may recognize certifications issued by another
state for asbestos workers or supervisors provided that:
(a) The worker is in possession of a currently valid certification
from the other state; and
(b) The department evaluates the other state's qualification
procedures and determines the certification to be equivalent
to the minimum requirements of this chapter.
(2) When the department's evaluation of another state's qualification
procedures identifies that equivalent requirements are met, the
department is authorized to issue a Washington state certification
upon receipt of a completed application.
(3) When the department's evaluation of another state's qualification
procedures identifies deficiencies, the department may require
specific supplemental training and/or examination before issuing
a Washington state certification.
[Statutory Authority: Chapter
49.17 RCW. 89-21-018 (Order 89-10), § 296-65-035, filed 10/10/89,
effective 11/24/89.]
WAC
296-65-050 Denial, suspension, and revocation of certificates.
(1) The department may deny, suspend, or revoke a certificate
for failure of the holder to comply with any requirement of this
chapter or any applicable health and safety standards and regulations.
(2) The criteria for decertification for asbestos workers, supervisors,
and contractors shall include:
(a) Performing work requiring accreditation at a job site without
being in physical possession of initial and current accreditation
certificates;
(b) Permitting the duplication or use of one's own accreditation
certificate by another;
(c) Performing work for which accreditation has not been received;
or
(d) Obtaining accreditation from a training provider that does
not have approval to offer training for the particular discipline
from either EPA or from a state that has a contractor accreditation
plan at least as stringent as the EPA MAP.
(3) The following persons are not certified for the purposes
of this chapter and their respective certificate(s) shall be revoked
by the department:
(a) Any person who obtains accreditation through fraudulent
representation of training or examination documents;
(b) Any person who obtains training documentation through fraudulent
means;
(c) Any person who gains admission to and completes refresher
training through fraudulent representation of initial or previous
refresher training documentation; or
(d) Any person who obtains accreditation through fraudulent
representation of accreditation requirements such as education,
training, professional registration, or experience.
(4) Before any certificate may be denied, suspended, or revoked,
the holder thereof shall be given written notice of the department's
intention to do so, mailed by registered mail, return receipt
requested, to the holder's last known address. The notice shall
enumerate the allegations against such holder and shall give him
or her the opportunity to request a conference before the department.
At such conference, the department and the holder shall have opportunity
to produce witnesses and give testimony.
(5) A denial, suspension, or revocation order may be appealed
to the board of industrial insurance appeals within fifteen working
days after the denial, suspension, or revocation order is entered.
The notice of appeal may be filed with the department or the board
of industrial insurance appeals. The board of industrial insurance
appeals shall hold the hearing in accordance with procedures established
in RCW 49.17.140. Any party aggrieved by an order of the board
of industrial insurance appeals may obtain superior court review
in the manner provided in RCW 49.17.150.
(6) The department may suspend or revoke any certificate issued
under this chapter for a period of not less than six months upon
the following grounds:
(a) The certificate was obtained through error or fraud; or
(b) The holder thereof is judged to be incompetent to carry
out the work for which the certificate was issued.
[Statutory Authority: RCW 49.17.040,
49.17.050, 49.17.060, 96-05-056 (Order 95-18), § 296-65-050, filed
02/16/96, effective 04/01/96. Statutory Authority: Chapter 49.17
RCW. 89-21-018 (Order 89-10), § 296-65-050, filed 10/10/89, effective
11/24/89.]
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