Cal. Code Regs. tit. 8, § 1529
(a) Scope and application.
(1) This section regulates asbestos exposure in all construction work as defined in Section 1502 including but not limited to the following:
(b) Definitions.
“Aggressive-method” means removal or disturbance of building material by sanding, abrading, grinding or other method that breaks, crumbles, or disintegrates intact ACM.
“Amended water” means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.
“Asbestos” includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that has been chemically treated and/or altered. For purposes of this standard,
“asbestos” includes PACM, as defined below.
“Asbestos-containing material (ACM)”, means any material containing more than one percent asbestos.
“Assistant Secretary” means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee.
“Authorized person” means any person authorized by the employer and required by work duties to be present in regulated areas.
“Building/facility owner” is the legal entity, including a lessee, which exercises control over management and record keeping functions relating to a building and/or facility in which activities covered by this standard take place.
“Certified Industrial Hygienist (CIH)” means one certified in the practice of industrial hygiene by the American Board of Industrial Hygiene.
“Chief” means the Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, CA 94142.
“Class I asbestos work” means activities involving the removal of TSI and surfacing ACM and PACM.
“Class II asbestos work” means activities involving the removal of ACM which is not thermal system insulation or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.
“Class III asbestos work” means repair and maintenance operations, where “ACM”, including TSI and surfacing ACM and PACM, is likely to be disturbed.
“Class IV asbestos work” means maintenance and custodial activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste and debris resulting from Class I, II, and III activities.
“Clean room” means an uncontaminated room having facilities for the storage of employees' street clothing and uncontaminated materials and equipment.
“Closely resemble” means that the major workplace conditions which have contributed to the levels of historic asbestos exposure, are no more protective than conditions of the current workplace.
“Competent person” means, in addition to one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them, one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them: in addition, for Class I and Class II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763) for supervisor, or its equivalent and, for Class III and Class IV work, who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92 (a)(2). Note: For operations involving more than 100 square feet of asbestos containing construction material as defined in subsection (r) of this section the competent person may fulfill the requirement contained in Section 341.9 to specify a certified supervisor for asbestos related work.
“Critical barrier” means one or more layers of plastic sealed over all openings into a work area or any other similarly placed physical barrier sufficient to prevent airborne asbestos in a work area from migrating to an adjacent area.
“Decontamination area” means an enclosed area adjacent and connected to the regulated area and consisting of an equipment room, shower area, and clean room, which is used for the decontamination of workers, materials, and equipment that are contaminated with asbestos.
“Demolition” means the wrecking or taking out of any load- supporting structural member and any related razing, removing, or stripping of asbestos products.
“Director” means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.
“Disturbance” means activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from ACM or PACM. Disturbance includes cutting away small amounts of ACM and PACM, no greater than the amount which can be contained in one standard sized glove bag or waste bag in order to access a building component. In no event shall the amount of ACM or PACM so disturbed exceed that which can be contained in one glove bag or waste bag which shall not exceed 60 inches in length and width.
“Employee exposure” means that exposure to airborne asbestos that would occur if the employee were not using respiratory protective equipment.
“Equipment room (change room)” means a contaminated room located within the decontamination area that is supplied with impermeable bags or containers for the disposal of contaminated protective clothing and equipment.
“Fiber” means a particulate form of asbestos, 5 micrometers or longer, with a length-to-diameter ratio of at least 3 to 1.
“Glovebag” means an impervious plastic bag-like enclosure affixed around not more than a 60 x 60 inch asbestos-containing material, with glove-like appendages through which material and tools may be handled.
“High-efficiency particulate air (HEPA) filter” means a filter capable of trapping and retaining at least 99.97 percent of all mono-dispersed particles of 0.3 micrometers in diameter.
“Homogeneous area” means an area of surfacing material or thermal system insulation that is uniform in color and texture.
“Industrial hygienist” means a professional qualified by education, training, and experience to anticipate, recognize, evaluate and develop controls for occupational health hazards.
“Intact” means that the ACM has not crumbled, been pulverized, or otherwise deteriorated so that the asbestos is no longer likely to be bound with its matrix.
“Modification” for purposes of subsection (g)(6), means a changed or altered procedure, material or component of a control system, which replaces a procedure, material or component of a required system. Omitting a procedure or component, or reducing or diminishing the stringency or strength of a material or component of the control system is not a “modification” for purposes of subsection (g)(6) of this section.
“Negative Initial Exposure Assessment” means a demonstration by the employer, which complies with the criteria in subsection (f)(2)(C) of this section, that employee exposure during an operation is expected to be consistently below the PELs.
“PACM” means “presumed asbestos-containing material”.
“Presumed Asbestos Containing Material” means thermal system insulation and surfacing material found in buildings constructed no later than 1980. The designation of a material as “PACM” may be rebutted pursuant to subsection (k)(5) of this section.
“Project Designer” means a person who has successfully completed the training requirements for an abatement project designer established by 40 U.S.C. Sec. 763.90(g).
“Regulated area” means: an area established by the employer to demarcate areas where Class I, II, and III asbestos work is conducted, and any adjoining area where debris and waste from such asbestos work accumulate; and a work area within which airborne concentrations of asbestos, exceed or there is a reasonable possibility they may exceed the permissible exposure limit. Requirements for regulated areas are set out in subsection (e) of this section.
“Removal” means all operations where ACM and/or PACM is taken out or stripped from structures or substrates, and includes demolition operations.
“Renovation” means the modifying of any existing structure, or portion thereof.
“Repair” means overhauling, rebuilding, reconstructing, or reconditioning of structures or substrates, including encapsulation or other repair of ACM or PACM attached to structures or substrates.
“Surfacing material” means material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes).
“Surfacing ACM” means surfacing material which contains more than 1% asbestos.
“Thermal system insulation (TSI)” means ACM applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat loss or gain.
“Thermal system insulation ACM” is thermal system insulation which contains more than 1% asbestos.
(c) Permissible exposure limits (PELS).
(d) Multi-employer worksites.
(e) Regulated areas.
(f) Exposure assessments and monitoring.
(1) General monitoring criteria.
(2) Initial Exposure Assessment.
(C) Negative Exposure Assessment: For any one specific asbestos job which will be performed by employees who have been trained in compliance with the standard, the employer may demonstrate that employee exposures will be below the PELs by data which conform to the following criteria;
(3) Periodic monitoring.
(4) Termination of monitoring. (A) If the periodic monitoring required by subsection (f)(3) of this section reveals that employee exposures, as indicated by statistically reliable measurements, are below the permissible exposure limit and excursion limit the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring.
(5) Employee Notification of Monitoring Results.
(6) Observation of monitoring.
(g) Methods of compliance
(1) Engineering controls and work practices for all operations covered by this section. The employer shall use the following engineering controls and work practices in all operations covered by this section, regardless of the levels of exposure:
(2) In addition to the requirements of subsection (g)(1) of this section, the employer shall use the following control methods to achieve compliance with the TWA permissible exposure limit and excursion limit prescribed by subsection (c) of this section;
(3) Prohibitions. The following work practices and engineering controls shall not be used for work related to asbestos or for work which disturbs ACM or PACM, regardless of measured levels of asbestos exposure or the results of initial exposure assessments:
(4) Class I Requirements. In addition to the provisions of subsections (g)(1) and (2) of this section, the following engineering controls and work practices and procedures shall be used.
(B) For all Class I jobs involving the removal of more than 25 linear or 10 square feet of thermal system insulation or surfacing material; for all other Class I jobs, where the employer cannot produce a negative exposure assessment pursuant to subsection (f)(2)(C) of this section, or where employees are working in areas adjacent to the regulated area, while the Class I work is or being performed, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:
2. The employer shall use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area surveillance during each work shift at each boundary of the regulated area, showing no visible asbestos dust; and perimeter area monitoring showing that clearance levels contained in 40 CFR Part 763, Subpart E, of the EPA Asbestos in Schools Rule are met, or that perimeter area levels, measured by Phase Contrast Microscopy (PCM) are no more than background levels representing the same area before the asbestos work began. The results of such monitoring shall be made known to the employer no later than 24 hours from the end of the work shift represented by such monitoring.
Exception: For work completed outdoors where employees are not working in areas adjacent to the regulated areas, this subsection (g)(4)(B) is satisfied when the specific control methods in subsection (g)(5) of this section are used.
(5) Specific control methods for Class I work. In addition, Class I asbestos work shall be performed using one or more of the following control methods pursuant to the limitations stated below:
(A) Negative Pressure Enclosure (NPE) systems: NPE systems may be used where the configuration of the work area does not make the erection of the enclosure infeasible, with the following specifications and work practices.
1. Specifications:
2. Work Practices:
(B) Glove bag systems my be used to remove PACM and/or ACM from straight runs of piping and elbows and other connections with the following specifications and work practices:
1. Specifications:
2. Work Practices:
(C) Negative Pressure Glove Bag Systems. Negative pressure glove bag systems may be used to remove ACM or PACM from piping.
2. Work Practices:
(D) Negative Pressure Glove Box Systems: Negative pressure glove boxes may be used to remove ACM or PACM from pipe runs with the following specifications and work practices.
1. Specifications:
2. Work practices:
(E) Water Spray Process System. A water spray process system may be used for removal of ACM and PACM from cold line piping if, employees carrying out such process have completed a 40-hour separate training course in its use, in addition to training required for employees performing Class I work. The system shall meet the following specifications and shall be performed by employees using the following work practices.
1. Specifications:
2. Work Practices:
(F) A small walk-in enclosure which accommodates no more than two persons (mini-enclosure) may be used if the disturbance or removal can be completely contained by the enclosure with the following specifications and work practices.
1. Specifications:
2. Work practices:
(6) Alternative control methods for Class I work. Class I work may be performed using a control method which is not referenced in subsection (g)(5) of this section, or which modifies a control method referenced in subsection (g)(5) of this section, if the following provisions are complied with:
(B) A certified industrial hygienist or licensed professional engineer who is also qualified as a project designer as defined in subsection (b) of this section, shall evaluate the work area, the projected work practices and the engineering controls and shall certify in writing that the planned control method is adequate to reduce direct and indirect employee exposure to below the PELs under worst-case conditions of use, and that the planned control method will prevent asbestos contamination outside the regulated area, as measured by clearance sampling which meets the requirements of EPA's Asbestos in Schools rule issued under AHERA, or perimeter monitoring which meets the criteria in subsection (g)(4)(B)2. of this section.
(7) Work Practices and Engineering Controls for Class II work.
(B) For all indoor Class II jobs, where the employer has not produced a negative exposure assessment pursuant to subsection (f)(2)(C) of this section, or where during the job, changed conditions indicate there may be exposure above the PEL or where the employer does not remove the ACM in a substantially intact state, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area;
(8) Additional Controls for Class II work. Class II asbestos work shall also be performed by complying with the work practices and controls designated for each type of asbestos work to be performed, set out in this subsection. Where more than one control method may be used for a type of asbestos work, the employer may choose one or a combination of designated control methods. Class II work also may be performed using a method allowed for Class I work, except that glove bags and glove boxes are allowed if they fully enclose the Class II material to be removed.
(A) For removing vinyl and asphalt flooring materials which contain ACM or for which, in buildings constructed no later than 1980, the employer has not verified the absence of ACM pursuant to subsection (g)(8)(A)9. of this section. The employer shall ensure that employees comply with the following work practices and that employees are trained in these practices pursuant to subsection (k)(9) of this section:
(B) For removing roofing material which contains ACM the employer shall ensure that the following work practices are followed:
5. Asbestos-containing material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it shall he lowered to the ground via covered, dust-tight chute, crane or hoist:
(C) When removing cementitious asbestos-containing siding and shingles or transite panels containing ACM on building exteriors (other than roofs, where subsection (g)(8)(B) of this section applies) the employer shall ensure that the following work practices are followed:
(D) When removing gaskets containing ACM, the employer shall ensure that the following work practices are followed:
(E) When performing any other Class II removal of asbestos containing material for which specific controls have not been listed in subsections (g)(8)(A) through (D) of this section, the employer shall ensure that the following work practices are complied with.
(F) Alternative Work Practices and Controls. Instead of the work practices and controls listed in subsection (g)(8)(A) through (E) of this section, the employer may use different or modified engineering and work practice controls if the following provisions are complied with.
(9) Work Practices and Engineering Controls for Class III asbestos work. Class III asbestos work shall be conducted using engineering and work practice controls which minimize the exposure to employees performing the asbestos work and to bystander employees.
(10) Class IV asbestos work. Class IV asbestos jobs shall be conducted by employees trained pursuant to the asbestos awareness training program set out in subsection (k)(9) of this section. In addition, all Class IV jobs shall be conducted in conformity with the requirements set out in subsection (g)(1) of this section, mandating wet methods, HEPA vacuums, and prompt clean up of debris containing ACM or PACM.
(11) Alternative methods of compliance for installation, removal, repair, and maintenance of certain roofing and pipeline coating materials. Notwithstanding any other provision of this section, an employer who complies with all provisions of this subsection (g)(11) when installing, removing, repairing, or maintaining intact pipeline asphaltic wrap, or roof cements, mastics, coatings, or flashings which contain asbestos fibers encapsulated or coated by bituminous or resinous compounds shall be deemed to be in compliance with this section. If an employer does not comply with all provisions of this subsection (g)(11), or if during the course of the job the material does not remain intact, the provisions of subsection (g)(8) of this section apply instead of this subsection (g)(11).
(h) Respiratory protection.
(1) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:
(2) Respirator program.
(3) Respirator selection.
(C) The employer shall provide a tight fitting powered, air- purifying respirator in lieu of any negative-pressure respirator selected according to subsection (h)(3)(A) whenever:
(D) The employer shall provide a half-mask air purifying respirator, other than a filtering facepiece respirator, equipped with high efficiency filters whenever the employee performs:
(E) In addition to the above selection criteria, when employees are in a regulated area where Class I work is being performed, a negative exposure assessment of the area has not been produced, and the exposure assessment of the area indicates the exposure level will exceed 1 f/cc as an 8-hour time weighted average, employers must provide the employees with a full facepiece supplied-air respirator operated in the pressure-demand mode and equipped with an auxiliary positive pressure self-contained breathing apparatus. When the exposure assessment of the area indicates the exposure level will not exceed 1 f/cc as an 8-hour time weighted average, employers must provide the employees with one of the following respirators:
(i) Protective clothing.
(2) Laundering.
(4) Inspection of protective clothing.
(j) Hygiene facilities and practices for employees.
(1) Requirements for employees performing Class I asbestos jobs involving over 25 linear or 10 square feet of TSI or surfacing ACM and PACM.
(A) Decontamination areas: the employer shall establish a decontamination area that is adjacent and connected to the regulated area for the decontamination of such employees. The decontamination area shall consist of an equipment room, shower area, and clean room in series. The employer shall ensure that employees enter and exit the regulated area through the decontamination area.
2. Shower area. Shower facilities shall be provided which comply with Section 3366(f) of the General Industry Safety Orders, unless the employer can demonstrate that they are not feasible. The showers shall be adjacent both to the equipment room and the clean room, unless the employer can demonstrate that this location is not feasible. Where the employer can demonstrate that it is not feasible to locate the shower between the equipment room and the clean room, or where the work is performed outdoors, the employers shall ensure that employees:
(B) Decontamination area entry procedures. The employer shall ensure that employees:
(C) Decontamination area exit procedures. The employer shall ensure that:
(2) Requirements for Class I work involving less than 25 linear or 10 square feet of TSI or surfacing ACM and PACM, and for Class II and Class III asbestos work operations where exposures exceed a PEL or where there is no negative exposure assessment produced before the operation.
(k) Communication of hazards.
(1) Hazard communication.
(2) Duties of building and facility owners.
(B) Building and/or facility owners shall notify the following persons of the presence, location and quantity of ACM or PACM, at the work sites in their buildings and facilities. Notification either shall be in writing, or shall consist of a personal communication between the owner and the person to whom notification must be given or their authorized representatives:
(3) Duties of employers whose employees perform work subject to this standard in or adjacent to areas containing ACM and PACM. Building/facility owners whose employees perform such work shall comply with these provisions to the extent applicable.
(B) Before work under this standard is performed employers of employees who will perform such work shall inform the following persons of the location and quantity of ACM and/or PACM present in the area and the precautions to be taken to insure that airborne asbestos is confined to the area.
(5) Criteria to rebut the designation of installed material as PACM.
(B) An employer or owner may demonstrate that PACM does not contain more than 1% asbestos by the following:
(7) Signs.
(B) 1. The warning signs required by subsection (k)(7) of this section shall bear the following information:
2. In addition, where the use of respirators and protective clothing is required in the regulated area under this section, the warning signs shall include the following:
WEAR RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING IN THIS AREA
3. Prior to June 1, 2016, employers may use the following legend in lieu of that specified in subsection (k)(7)(B)1. of this section:
DANGER ASBESTOS CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY
4. Prior to June 1, 2016, employers may use the following legend in lieu of that specified in subsection (k)(7)(B)2. of this section:
RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA
DANGER ASBESTOS MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS AUTHORIZED PERSONNEL ONLY
(8) Labels.
(C) The employer shall ensure that labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers bear the following information:
DANGER CONTAINS ASBESTOS FIBERS MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS DO NOT BREATHE DUST AVOID CREATING DUST
(D) 1. Prior to June 1, 2015, employers may include the following information on raw materials, mixtures or labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers in lieu of the labeling requirements in subsections (k)(8)(B) and (k)(8)(C) of this section:
DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD
(E) The provisions for labels required by subsections (k)(8)(A) through (k)(8)(C) do not apply where:
2. Asbestos is present in a waste product in concentrations less than 1.0 percent.
Note: Section 5194 of the General Industry Safety Orders requires that manufactured and imported products containing more than 0.1% asbestos by weight be labeled with an appropriate warning. The exemptions specified in subsection (k)(7)(E) only apply to waste products or waste containers.
(9) Employee Information and Training.
(D) Training for other Class II work.
(E) Training for Class III employees shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course shall also include “hands-on’ training and shall take at least 16 hours.
Exception: For Class III operations for which the competent person determines that the EPA curriculum does not adequately cover the training needed to perform that activity, training shall include as a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to that activity, and shall include “hands-on” training in the work practices applicable to each category of material that the employee disturbs.
(H) The training program shall be conducted in a manner that the employee is able to understand. In addition to the content required by provisions in subsections (k)(9)(C) through (F) of this section, the employer shall ensure that each such employee is informed of the following:
(10) Access to training materials.
(l) Housekeeping.
(3) Care of asbestos-containing flooring material.
(4) Waste and debris and accompanying dust in an area containing accessible thermal system insulation or surfacing ACM/PACM or visibly deteriorated ACM:
(m) Medical surveillance.
(1) General
(A) Employees covered.
(B) Examination.
(2) Medical examinations and consultations.
(A) Frequency. The employer shall make available medical examinations and consultations to each employee covered under subsection (m)(1)(A) of this section on the following schedules:
(B) Content. Medical examinations made available pursuant to subsections (m)(2)(A)1. through (m)(2)(A)3. of this section shall include:
3. A physical examination directed to the pulmonary and gastrointestinal systems, including a chest roentgenogram to be administered in accordance with Table 2 below, and pulmonary function tests of forced vital capacity (FVC) and forced expiratory volume at one second (FEV(1)). Interpretation and classification of chest roentgenograms shall be conducted in accordance with Appendix E to this section.
TABLE 2
FREQUENCY OF CHEST X-RAYS
YEARS SINCE
AGE OF EMPLOYEE
FIRST
EXPOSURE
LESS THAN 40
40 AND OLDER
0 -10
EVERY 3 YEARS
ANNUALLY*
10+
ANNUALLY*
ANNUALLY*
* Oblique x-rays need only be performed every 3 years.
(3) Information provided to the physician. The employer shall provide the following information to the examining physician:
(4) Physician's written opinion.
(A) The employer shall obtain a written opinion from the examining physician. This written opinion shall contain the results of the medical examination and shall include:
(n) Recordkeeping.
(1) Objective data relied on pursuant to subsection (f) to this section.
(B) The record shall include at least the following information:
(2) Exposure measurements.
(A) The employer shall keep an accurate record of all measurements taken to monitor employee exposure to asbestos as prescribed in subsection (f) of this section.
Note: The employer my utilize the services of competent organizations such as industry trade associations and employee associations to maintain the records required by this section.
(B) This record shall include at least the following information:
(3) Medical surveillance.
(B) The record shall include at least the following information:
(7) Availability.
(8) Transfer of records.
(o) Competent person.
(3) Additional Inspections. In addition, the competent person shall make frequent and regular inspections of the job sites, in order to perform the duties set out below in subsection (o)(3)(A). For Class I jobs, on-site inspections shall be made at least once during each work shift, and at any time at employee request. For Class II, III and IV jobs, on-site inspections shall be made at intervals sufficient to assess whether conditions have changed, and at any reasonable time at employee request.
(A) On all worksites where employees are engaged in Class I or II asbestos work, the competent person designated in accordance with subsection (e)(6) of this section shall perform or supervise the following duties, as applicable:
(4) Training for the competent person.
(p) Appendices.
(q) Certified Asbestos Consultants and Certified Site Surveillance Technicians.
(1) The following definitions are applicable to subsection (q) only:
“Asbestos consultant” means any person who contracts to provide professional health and safety services relating to asbestos- containing construction material as defined in this subsection, which comprises 100 square feet or more of surface area. The activities of an asbestos consultant include building inspection, abatement project design, contract administration, sample collection, preparation of asbestos management plans, clearance monitoring, and supervision of site surveillance technicians as defined in this subsection.
“Asbestos-containing construction material” means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight.
“Certified asbestos consultant” means any asbestos consultant certified by the Division pursuant to this section.
“Certified site surveillance technician” means any surveillance technician certified by the Division pursuant to the section.
“Division” means the Division of Occupational Safety and Health of the California Department of Industrial Relations.
“Site surveillance technician” means any person who acts as an independent on-site representative of an asbestos consultant. The site surveillance technician monitors the asbestos abatement activities of others, provides asbestos air monitoring services for area and personal samples, and performs building surveys and contract administration at the direction of an asbestos consultant.
“State-of-the-art” means all asbestos abatement and control work procedures currently in use which have been demonstrated to be the most effective, reliable, and protective of workers health. As new procedures are developed which demonstrate greater effectiveness, reliability, and worker protection and thereby come into use, they become state-of-the-art.
(2) Certified Asbestos Consultant Criteria.
(A) Achievement of a passing score as determined by the Division on an examination approved or administered by the Division including, but not limited to, the following subjects:
(B) Providing such documentation and other information as the Division shall require to substantiate:
2. Any one of the following combinations of education and experience:
To obtain certification, an asbestos consultant must apply to the Division and complete all application requirements specified in Section 341.15. In order to qualify as an asbestos consultant, the applicant must meet all of the following requirements:
(3) Certified Site Surveillance Technician Criteria.
(A) Achievement of a passing score as determined by the Division on an examination approved or administered by the Division including, but not limited to, the following subjects:
(B) Providing such documentation and other information as the Division shall require to substantiate all of the following:
To obtain certification, a site surveillance technician must apply to the Division and complete all application requirements specified in Section 341.15. In order to qualify as a site surveillance technician, the applicant must meet all of the following requirements:
(r) Report of Use and Asbestos-related Work Registration.
(1) The following definitions are applicable to subsection (r) only:
“Asbestos-containing construction material” means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight.
“Asbestos-related work” means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos. Asbestos-related work does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings if the work operations do not result in employee exposures to asbestos in excess of 0.1 fibers per cubic centimeter of air (f/cc) as an 8-hour time-weighted average and the employees and supervisors involved in the work operations are trained and certified by an asbestos cement pipe training program which is approved by the Division.
(2) Report of Use. See section 5203.
Note: Employers registered with the Chief in accordance with Sections 341.6 to 341.9 for the purpose of conducting asbestos-related work involving over 100 square feet, as defined in Section 341.6(a), of asbestos-containing construction material shall be deemed to be in compliance with section 5203 for the asbestos-related work requiring registration. Except that emergencies as defined in section 5203(a) must be reported as required in section 5203(f).
Exception: An employer need not register all the materials containing asbestos if objective data demonstrates that during all reasonably foreseeable uses, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released. The objective data shall include at least those elements specified in subsection (n)(1) of this section.
Note: Authority cited: Sections 142.3, 6501.5, 9020, 9021.5, 9021.9, 9030 and 9040, Labor Code. Reference: Sections 142.3, 6501.5, 6501.7, 6501.8, 6501.9, 6502, 9003, 9004(b), 9005, 9006, 9009, 9020, 9021.5, 9021.9, 9030 and 9040, Labor Code; Section 25910, Health and Safety Code; and Sections 7180, 7180.5, 7181, 7182, 7183, 7183.5, 7184, 7185, 7187, 7189, 7189.5 and 7189.7, Business and Professions Code.
1. New section filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).
2. Editorial correction of History 1. (Register 91, No. 45).
3. Amendment of subsection (b) and Note and adoption of subsections (o)(6)-(o)(8) and (t) filed 1-21-92 as an emergency; operative 2-20-92 (Register 92, No. 13).
4. Change without regulatory effect amending definition of chief in subsection (b) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).
5. Amendment of subsection (c)(1) filed 5-1-95; operative 5-31-95 (Register 95, No. 18).
6. Editorial correction of subsection (b) (Register 95, No. 41).
7. Change without regulatory effect deleting duplicate “Certified supervisor” definition filed 12-21-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 51).
8. Repealer and new section filed 5-3-96; operative 7-3-96 (Register 96, No. 18).
9. Amendment of subsections (k)(9)(B), (q)(2)-(3) and (r)(1) definition of “Asbestos-related work,” and amendment of Note filed 2-5-97; operative 3-7-97 (Register 97, No. 6).
10. New subsection (h)(2)(F), amendment of subsections (k)(6), (k)(8)(F) and (k)(9)(C)-(k)(9)(D)1., new (k)(9)(D)2.-3. and amendment of subsections (k)(9)(E) and (m)(1)(A)1. filed 10-3-97; operative 10-3-97. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 97, No. 40).
11. Amendment of former subsections (h)(1)-(h)(4)(B) including subsection renumbering and relettering resulting in newly designated subsections (h)(1)-(h)(3)(D)3. filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
12. Amendment of subsections (r)-(r)(2), repealer of subsection (r)(2)(A), Note 1. and Note 2. designator, amendment of former Note 2., and repealer of subsections (r)(2)(B)-(r)(2)(B)1. and (r)(2)(B)2.-(r)(5) filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
13. Change without regulatory effect amending subsections (h)(3)(D)2.-3. filed 12-20-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 52).
14. Amendment of subsection (g)(5) filed 3-22-2004; operative 3-22-2004. Submitted to OAL for printing only. This filing is necessary to correct a discrepancy between this section and the corresponding federal regulation, 29 CFR 1926.1101, and is not subject to Articles 5 and 6 of the Administrative Procedure Act pursuant to subdivision (a)(3) of Labor Code section 142.3 (Register 2004, No. 13).
15. Amendment of subsection (f)(5)(A) and repealer of subsection (g)(6)(C) filed 7-28-2005; operative 7-28-2005. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2005, No. 30).
16. Amendment of subsections (h)(3)(A), new subsection (h)(3)(B), subsection relettering and amendment of newly designated subsections (h)(3)(C), (h)(3)(D), (h)(3)(E) and (h)(3)(E)2.-3. filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).
17. Amendment of subsection (k)(1), new subsections (k)(1)(A)-(B), amendment of subsections (k)(7)(B)1.-2., new subsections (k)(7)(B)3.-4., repealer and new subsections (k)(8)(B)-(C), new subsection (k)(8)(D)1. and redesignation of former subsection (k)(8)(D) as new subsection (k)(8)(D)2. filed 5-6-2013; operative 5-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 19).
18. Amendment of subsection (k)(1), new subsections (k)(1)(A)-(B), amendment of subsections (k)(7)(B)1.-2., new subsections (k)(7)(B)3.-4., repealer and new subsections (k)(8)(B)-(C), new subsection (k)(8)(D)1. and redesignation of former subsection (k)(8)(D) as new subsection (k)(8)(D)2. refiled 11-6-2013; operative 11-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 45).
19. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
20. Amendment of subsection (k)(1), new subsections (k)(1)(A)-(B), amendment of subsections (k)(7)(B)1.-2., new subsections (k)(7)(B)3.-4., repealer and new subsections (k)(8)(B)-(C), new subsection (k)(8)(D)1. and redesignation of former subsection (k)(8)(D) as new subsection (k)(8)(D)2. filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).
21. Editorial correction of formatting of subsection (g)(4)(D) (Register 2015, No. 37).