(a) The Department of Labor and Workforce Development shall
- (1) establish guidelines for employee training certification programs, including respiratory and competency tests to be completed successfully, to ensure that a person who is employed to abate asbestos health hazards is trained to do the work safely and is informed about the danger of working with asbestos;
- (2) review certification programs proposed by contractors, labor organizations, public and private vocational training programs, and others for persons who will be employed to abate asbestos health hazards;
- (3) approve proposed certification programs that meet the department's guidelines under this subsection;
- (4) assist in meeting the certification guidelines those whose certification program proposals have been found unacceptable.
(b) Before a contractor may undertake work to abate an asbestos related health hazard, the contractor shall
- (1) propose to the Department of Labor and Workforce Development a plan for the certification of its employees as adequately trained to handle asbestos in a safe and knowledgeable way;
- (2) receive approval from the department of that plan; and
- (3) certify that each person who will work on the abatement of an asbestos health hazard is adequately trained to handle asbestos in a safe and knowledgeable way.
- (c) A person may not be employed to abate an asbestos health hazard unless the person has been certified in a program approved by the Department of Labor and Workforce Development under (a) of this section.
- (d) A contractor who violates (b) or (c) of this section is subject to a civil penalty not to exceed $1,000, as determined by the commissioner of labor and workforce development.
- (e) A contractor who violates (b) of this section is guilty of a class A misdemeanor.
- (f) A contractor who violates (c) of this section is guilty of a class B misdemeanor.
(g) The Department of Labor and Workforce Development shall adopt by regulation a fee schedule for
- (1) review, approval, and certification of asbestos training certification programs and plans under this section; and
- (2) certification of a person employed to abate an asbestos health hazard.