State Codes and Statutes

Statutes > California > Lab > 9020-9022

LABOR CODE
SECTION 9020-9022



9020.  (a) Pursuant to Chapter 6 (commencing with Section 140) of
Division 1, the standards board shall adopt standards for carcinogens
at least as restrictive as the federal requirements for use of
carcinogens promulgated under Section 6 of the Occupational Safety
and Health Act of 1970 (P.L. 91-596), as these federal requirements
may be revised from time to time. Within six months after the
effective date of any change in the federal requirements, the
standards board shall amend its standards as necessary to comply with
this subdivision.
   (b) It is the intent of the Legislature that the state shall
exercise strong leadership in preventing employees, employers, and
other persons from being exposed to carcinogens. In this connection,
it is the further intent of the Legislature that the standards board
adopt standards for substances as to which there exists a
preponderance of evidence of carcinogenicity, but for which the
federal government has not yet promulgated requirements specified in
subdivision (a). The division shall determine the necessity for the
standards and shall develop and present the proposed standards to the
standards board pursuant to Section 147.1.



9021.  All standards relating to the use of carcinogens which are in
effect on January 1, 1986, including standards set forth in Sections
5208, 5209, and 5210 of Title 8 of the California Administrative
Code, shall remain in effect until amended or repealed by the
standards board.



9021.5.  (a)  Not later than January 1, 1987, the Division of
Occupational Safety and Health shall propose a regulation concerning
asbestos-related work, as defined in Section 6501.8, to the
Occupational Safety and Health Standards Board for review and
adoption so as to protect most effectively the health and safety of
employees. The regulation shall also include, but not be limited to,
specific work practices and specific requirements for certification
of all employees engaged in asbestos-related work.
   (b) (1) Not later than July 1, 1991, the Division of Occupational
Safety and Health shall propose regulations for the certification of
asbestos consultants and site surveillance technicians to the
Occupational Safety and Health Standards Board for consideration and
action. By January 1, 1992, the board shall adopt regulations
regarding certification. The regulations shall address and encompass
procedures to determine the requirements for the certification
provided for by Article 11 (commencing with Section 7180) of Chapter
9 of Division 3 of the Business and Professions Code. The division
shall prepare and administer an examination to determine
qualifications for certification pursuant to subdivision (b) of
Section 7184 and subdivision (c) of Section 7185 of the Business and
Professions Code. The examination shall be administered on a
periodic, regularly scheduled basis.
   (2) The division may, in lieu of preparing and administering its
own certification examination, approve one or more public or private
institutions which offer programs in asbestos abatement training to
prepare and administer the examination described in subdivision (b)
of Section 7184 and subdivision (c) of Section 7185 of the Business
and Professions Code. However, the division shall not approve any
institution, organization, individual, or other entity for
administering a certification examination if that institution,
organization, individual or other entity engages, for compensation,
in any aspect of asbestos abatement work. For purposes of developing
or approving a certification examination pursuant to this section,
the division shall consult with an advisory committee of individuals
who have academic and professional experience in asbestos abatement
work, including a certified industrial hygienist, representatives of
asbestos abatement workers, and asbestos abatement contractors.
   (c) This section does not exempt any employer from complying with
the Hazardous Substances Information and Training Act (Chapter 2.5
(commencing with Section 6360) of Part 1 of Division 5 of this code)
and regulations adopted thereunder, nor does it exempt any employer
from complying with Section 5208 of Title 8 of the California
Administrative Code. For products not requiring contractor
certification pursuant to subdivision (a) of Section 7058.5 of the
Business and Professions Code, training and certification of
employees shall be done by the employer.




9021.6.  The division may charge a fee to each asbestos consultant
and site surveillance technician who applies for certification
pursuant to subdivision (b) of Section 9021.5 and Article 11
(commencing with Section 7180) of Chapter 9 of Division 3 of the
Business and Professions Code. The fee shall be sufficient to cover
the division's cost for administering the certification process,
including preparation and administration of the examination. The fees
collected shall be deposited in the Asbestos Consultant
Certification Account. Establishment of any fee pursuant to this
section shall be accomplished through the regulatory process required
by subdivision (b) of Section 9021.5.



9021.7.  (a) There is hereby created the Asbestos Training and
Consultant Certification Fund, which shall consist of the Asbestos
Training Approval Account and the Asbestos Consultant Certification
Account. Moneys in the Asbestos Training Approval Account shall
consist of the fees collected pursuant to Section 9021.9. Moneys in
the Asbestos Consultant Certification Account shall consist of the
fees collected pursuant to Section 9021.6.
   (b) Moneys in the Asbestos Training Approval Account shall be
available, upon appropriation by the Legislature, for expenditure
only for administering the training entity approval process provided
for in Section 9021.9. Moneys in the Asbestos Consultant
Certification Account shall be available, upon appropriation by the
Legislature, only for administering the certification process
provided for in Section 9021.6.



9021.8.  All asbestos consultant and site surveillance technician
certifications shall be renewed annually. The division shall require
asbestos consultants and site surveillance technicians to complete
the annual refresher courses as required under the Asbestos Hazard
Emergency Response Act (Subchapter II (commencing with Section 2641)
of Chapter 53 of Title 15 of the United States Code) or the
equivalent, as determined by the division.



9021.9.  (a) The division shall establish an advisory committee to
develop and recommend by September 30, 1994, for action by the
standards board in accordance with Section 142.3, specific
requirements for hands-on, task-specific training programs for all
craft employees who may be exposed to asbestos-containing
construction materials and all employees and supervisors involved in
operations pertaining to asbestos cement pipe, as specified in
subdivision (c) of Section 6501.8. The training programs shall
include, but not be limited to, the following information:
   (1) The physical characteristics and health hazards of asbestos.
   (2) The types of asbestos cement pipe or asbestos-containing
construction materials an employee may encounter in his or her
specific work assignments.
   (3) Safe practices and procedures for minimizing asbestos
exposures from operations involving asbestos cement pipe or
asbestos-containing construction materials.
   (4) A review of general industry and construction safety orders
relating to asbestos exposure.
   (5) Hands-on instruction using pipe or other construction
materials and the tools and equipment employees will use in the
workplace.
   (b) The division shall approve training entities to conduct
task-specific training programs that include the requirements
prescribed by the standards board pursuant to this section for
employees and supervisors involved in operations pertaining to
asbestos cement pipe or asbestos-containing construction materials.
   (c) The division shall charge a fee to each asbestos training
entity approved by the division pursuant to subdivision (b). The fee
shall be sufficient to cover the division's cost for administering
the approval process provided for in subdivision (b). The fees
collected shall be deposited in the Asbestos Training Approval
Account. Establishment of any fee pursuant to this section shall be
accomplished through the regulatory process required by subdivision
(b) of Section 9021.5.


9022.  The division shall have primary responsibility for
enforcement of standards relating to carcinogens. However, the State
Department of Health Services shall assist the division in the
enforcement of the standards, in the manner prescribed by this
chapter, and as shall be further defined by a written agreement
between the State Department of Health Services and the department,
pursuant to Section 144.


State Codes and Statutes

Statutes > California > Lab > 9020-9022

LABOR CODE
SECTION 9020-9022



9020.  (a) Pursuant to Chapter 6 (commencing with Section 140) of
Division 1, the standards board shall adopt standards for carcinogens
at least as restrictive as the federal requirements for use of
carcinogens promulgated under Section 6 of the Occupational Safety
and Health Act of 1970 (P.L. 91-596), as these federal requirements
may be revised from time to time. Within six months after the
effective date of any change in the federal requirements, the
standards board shall amend its standards as necessary to comply with
this subdivision.
   (b) It is the intent of the Legislature that the state shall
exercise strong leadership in preventing employees, employers, and
other persons from being exposed to carcinogens. In this connection,
it is the further intent of the Legislature that the standards board
adopt standards for substances as to which there exists a
preponderance of evidence of carcinogenicity, but for which the
federal government has not yet promulgated requirements specified in
subdivision (a). The division shall determine the necessity for the
standards and shall develop and present the proposed standards to the
standards board pursuant to Section 147.1.



9021.  All standards relating to the use of carcinogens which are in
effect on January 1, 1986, including standards set forth in Sections
5208, 5209, and 5210 of Title 8 of the California Administrative
Code, shall remain in effect until amended or repealed by the
standards board.



9021.5.  (a)  Not later than January 1, 1987, the Division of
Occupational Safety and Health shall propose a regulation concerning
asbestos-related work, as defined in Section 6501.8, to the
Occupational Safety and Health Standards Board for review and
adoption so as to protect most effectively the health and safety of
employees. The regulation shall also include, but not be limited to,
specific work practices and specific requirements for certification
of all employees engaged in asbestos-related work.
   (b) (1) Not later than July 1, 1991, the Division of Occupational
Safety and Health shall propose regulations for the certification of
asbestos consultants and site surveillance technicians to the
Occupational Safety and Health Standards Board for consideration and
action. By January 1, 1992, the board shall adopt regulations
regarding certification. The regulations shall address and encompass
procedures to determine the requirements for the certification
provided for by Article 11 (commencing with Section 7180) of Chapter
9 of Division 3 of the Business and Professions Code. The division
shall prepare and administer an examination to determine
qualifications for certification pursuant to subdivision (b) of
Section 7184 and subdivision (c) of Section 7185 of the Business and
Professions Code. The examination shall be administered on a
periodic, regularly scheduled basis.
   (2) The division may, in lieu of preparing and administering its
own certification examination, approve one or more public or private
institutions which offer programs in asbestos abatement training to
prepare and administer the examination described in subdivision (b)
of Section 7184 and subdivision (c) of Section 7185 of the Business
and Professions Code. However, the division shall not approve any
institution, organization, individual, or other entity for
administering a certification examination if that institution,
organization, individual or other entity engages, for compensation,
in any aspect of asbestos abatement work. For purposes of developing
or approving a certification examination pursuant to this section,
the division shall consult with an advisory committee of individuals
who have academic and professional experience in asbestos abatement
work, including a certified industrial hygienist, representatives of
asbestos abatement workers, and asbestos abatement contractors.
   (c) This section does not exempt any employer from complying with
the Hazardous Substances Information and Training Act (Chapter 2.5
(commencing with Section 6360) of Part 1 of Division 5 of this code)
and regulations adopted thereunder, nor does it exempt any employer
from complying with Section 5208 of Title 8 of the California
Administrative Code. For products not requiring contractor
certification pursuant to subdivision (a) of Section 7058.5 of the
Business and Professions Code, training and certification of
employees shall be done by the employer.




9021.6.  The division may charge a fee to each asbestos consultant
and site surveillance technician who applies for certification
pursuant to subdivision (b) of Section 9021.5 and Article 11
(commencing with Section 7180) of Chapter 9 of Division 3 of the
Business and Professions Code. The fee shall be sufficient to cover
the division's cost for administering the certification process,
including preparation and administration of the examination. The fees
collected shall be deposited in the Asbestos Consultant
Certification Account. Establishment of any fee pursuant to this
section shall be accomplished through the regulatory process required
by subdivision (b) of Section 9021.5.



9021.7.  (a) There is hereby created the Asbestos Training and
Consultant Certification Fund, which shall consist of the Asbestos
Training Approval Account and the Asbestos Consultant Certification
Account. Moneys in the Asbestos Training Approval Account shall
consist of the fees collected pursuant to Section 9021.9. Moneys in
the Asbestos Consultant Certification Account shall consist of the
fees collected pursuant to Section 9021.6.
   (b) Moneys in the Asbestos Training Approval Account shall be
available, upon appropriation by the Legislature, for expenditure
only for administering the training entity approval process provided
for in Section 9021.9. Moneys in the Asbestos Consultant
Certification Account shall be available, upon appropriation by the
Legislature, only for administering the certification process
provided for in Section 9021.6.



9021.8.  All asbestos consultant and site surveillance technician
certifications shall be renewed annually. The division shall require
asbestos consultants and site surveillance technicians to complete
the annual refresher courses as required under the Asbestos Hazard
Emergency Response Act (Subchapter II (commencing with Section 2641)
of Chapter 53 of Title 15 of the United States Code) or the
equivalent, as determined by the division.



9021.9.  (a) The division shall establish an advisory committee to
develop and recommend by September 30, 1994, for action by the
standards board in accordance with Section 142.3, specific
requirements for hands-on, task-specific training programs for all
craft employees who may be exposed to asbestos-containing
construction materials and all employees and supervisors involved in
operations pertaining to asbestos cement pipe, as specified in
subdivision (c) of Section 6501.8. The training programs shall
include, but not be limited to, the following information:
   (1) The physical characteristics and health hazards of asbestos.
   (2) The types of asbestos cement pipe or asbestos-containing
construction materials an employee may encounter in his or her
specific work assignments.
   (3) Safe practices and procedures for minimizing asbestos
exposures from operations involving asbestos cement pipe or
asbestos-containing construction materials.
   (4) A review of general industry and construction safety orders
relating to asbestos exposure.
   (5) Hands-on instruction using pipe or other construction
materials and the tools and equipment employees will use in the
workplace.
   (b) The division shall approve training entities to conduct
task-specific training programs that include the requirements
prescribed by the standards board pursuant to this section for
employees and supervisors involved in operations pertaining to
asbestos cement pipe or asbestos-containing construction materials.
   (c) The division shall charge a fee to each asbestos training
entity approved by the division pursuant to subdivision (b). The fee
shall be sufficient to cover the division's cost for administering
the approval process provided for in subdivision (b). The fees
collected shall be deposited in the Asbestos Training Approval
Account. Establishment of any fee pursuant to this section shall be
accomplished through the regulatory process required by subdivision
(b) of Section 9021.5.


9022.  The division shall have primary responsibility for
enforcement of standards relating to carcinogens. However, the State
Department of Health Services shall assist the division in the
enforcement of the standards, in the manner prescribed by this
chapter, and as shall be further defined by a written agreement
between the State Department of Health Services and the department,
pursuant to Section 144.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Lab > 9020-9022

LABOR CODE
SECTION 9020-9022



9020.  (a) Pursuant to Chapter 6 (commencing with Section 140) of
Division 1, the standards board shall adopt standards for carcinogens
at least as restrictive as the federal requirements for use of
carcinogens promulgated under Section 6 of the Occupational Safety
and Health Act of 1970 (P.L. 91-596), as these federal requirements
may be revised from time to time. Within six months after the
effective date of any change in the federal requirements, the
standards board shall amend its standards as necessary to comply with
this subdivision.
   (b) It is the intent of the Legislature that the state shall
exercise strong leadership in preventing employees, employers, and
other persons from being exposed to carcinogens. In this connection,
it is the further intent of the Legislature that the standards board
adopt standards for substances as to which there exists a
preponderance of evidence of carcinogenicity, but for which the
federal government has not yet promulgated requirements specified in
subdivision (a). The division shall determine the necessity for the
standards and shall develop and present the proposed standards to the
standards board pursuant to Section 147.1.



9021.  All standards relating to the use of carcinogens which are in
effect on January 1, 1986, including standards set forth in Sections
5208, 5209, and 5210 of Title 8 of the California Administrative
Code, shall remain in effect until amended or repealed by the
standards board.



9021.5.  (a)  Not later than January 1, 1987, the Division of
Occupational Safety and Health shall propose a regulation concerning
asbestos-related work, as defined in Section 6501.8, to the
Occupational Safety and Health Standards Board for review and
adoption so as to protect most effectively the health and safety of
employees. The regulation shall also include, but not be limited to,
specific work practices and specific requirements for certification
of all employees engaged in asbestos-related work.
   (b) (1) Not later than July 1, 1991, the Division of Occupational
Safety and Health shall propose regulations for the certification of
asbestos consultants and site surveillance technicians to the
Occupational Safety and Health Standards Board for consideration and
action. By January 1, 1992, the board shall adopt regulations
regarding certification. The regulations shall address and encompass
procedures to determine the requirements for the certification
provided for by Article 11 (commencing with Section 7180) of Chapter
9 of Division 3 of the Business and Professions Code. The division
shall prepare and administer an examination to determine
qualifications for certification pursuant to subdivision (b) of
Section 7184 and subdivision (c) of Section 7185 of the Business and
Professions Code. The examination shall be administered on a
periodic, regularly scheduled basis.
   (2) The division may, in lieu of preparing and administering its
own certification examination, approve one or more public or private
institutions which offer programs in asbestos abatement training to
prepare and administer the examination described in subdivision (b)
of Section 7184 and subdivision (c) of Section 7185 of the Business
and Professions Code. However, the division shall not approve any
institution, organization, individual, or other entity for
administering a certification examination if that institution,
organization, individual or other entity engages, for compensation,
in any aspect of asbestos abatement work. For purposes of developing
or approving a certification examination pursuant to this section,
the division shall consult with an advisory committee of individuals
who have academic and professional experience in asbestos abatement
work, including a certified industrial hygienist, representatives of
asbestos abatement workers, and asbestos abatement contractors.
   (c) This section does not exempt any employer from complying with
the Hazardous Substances Information and Training Act (Chapter 2.5
(commencing with Section 6360) of Part 1 of Division 5 of this code)
and regulations adopted thereunder, nor does it exempt any employer
from complying with Section 5208 of Title 8 of the California
Administrative Code. For products not requiring contractor
certification pursuant to subdivision (a) of Section 7058.5 of the
Business and Professions Code, training and certification of
employees shall be done by the employer.




9021.6.  The division may charge a fee to each asbestos consultant
and site surveillance technician who applies for certification
pursuant to subdivision (b) of Section 9021.5 and Article 11
(commencing with Section 7180) of Chapter 9 of Division 3 of the
Business and Professions Code. The fee shall be sufficient to cover
the division's cost for administering the certification process,
including preparation and administration of the examination. The fees
collected shall be deposited in the Asbestos Consultant
Certification Account. Establishment of any fee pursuant to this
section shall be accomplished through the regulatory process required
by subdivision (b) of Section 9021.5.



9021.7.  (a) There is hereby created the Asbestos Training and
Consultant Certification Fund, which shall consist of the Asbestos
Training Approval Account and the Asbestos Consultant Certification
Account. Moneys in the Asbestos Training Approval Account shall
consist of the fees collected pursuant to Section 9021.9. Moneys in
the Asbestos Consultant Certification Account shall consist of the
fees collected pursuant to Section 9021.6.
   (b) Moneys in the Asbestos Training Approval Account shall be
available, upon appropriation by the Legislature, for expenditure
only for administering the training entity approval process provided
for in Section 9021.9. Moneys in the Asbestos Consultant
Certification Account shall be available, upon appropriation by the
Legislature, only for administering the certification process
provided for in Section 9021.6.



9021.8.  All asbestos consultant and site surveillance technician
certifications shall be renewed annually. The division shall require
asbestos consultants and site surveillance technicians to complete
the annual refresher courses as required under the Asbestos Hazard
Emergency Response Act (Subchapter II (commencing with Section 2641)
of Chapter 53 of Title 15 of the United States Code) or the
equivalent, as determined by the division.



9021.9.  (a) The division shall establish an advisory committee to
develop and recommend by September 30, 1994, for action by the
standards board in accordance with Section 142.3, specific
requirements for hands-on, task-specific training programs for all
craft employees who may be exposed to asbestos-containing
construction materials and all employees and supervisors involved in
operations pertaining to asbestos cement pipe, as specified in
subdivision (c) of Section 6501.8. The training programs shall
include, but not be limited to, the following information:
   (1) The physical characteristics and health hazards of asbestos.
   (2) The types of asbestos cement pipe or asbestos-containing
construction materials an employee may encounter in his or her
specific work assignments.
   (3) Safe practices and procedures for minimizing asbestos
exposures from operations involving asbestos cement pipe or
asbestos-containing construction materials.
   (4) A review of general industry and construction safety orders
relating to asbestos exposure.
   (5) Hands-on instruction using pipe or other construction
materials and the tools and equipment employees will use in the
workplace.
   (b) The division shall approve training entities to conduct
task-specific training programs that include the requirements
prescribed by the standards board pursuant to this section for
employees and supervisors involved in operations pertaining to
asbestos cement pipe or asbestos-containing construction materials.
   (c) The division shall charge a fee to each asbestos training
entity approved by the division pursuant to subdivision (b). The fee
shall be sufficient to cover the division's cost for administering
the approval process provided for in subdivision (b). The fees
collected shall be deposited in the Asbestos Training Approval
Account. Establishment of any fee pursuant to this section shall be
accomplished through the regulatory process required by subdivision
(b) of Section 9021.5.


9022.  The division shall have primary responsibility for
enforcement of standards relating to carcinogens. However, the State
Department of Health Services shall assist the division in the
enforcement of the standards, in the manner prescribed by this
chapter, and as shall be further defined by a written agreement
between the State Department of Health Services and the department,
pursuant to Section 144.