Bill Text: NJ A1238 | 2020-2021 | Regular Session | Introduced
Bill Title: Establishes licensing and permit requirements and provides for adoption of standards and regulations for inspection of asbestos in certain structures.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-27 - Reported and Referred to Assembly Appropriations Committee [A1238 Detail]
Download: New_Jersey-2020-A1238-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblywoman BRITNEE N. TIMBERLAKE
District 34 (Essex and Passaic)
Co-Sponsored by:
Assemblyman Giblin
SYNOPSIS
Establishes licensing and permit requirements and provides for adoption of standards and regulations for inspection of asbestos in certain structures.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the inspection of asbestos hazards and amending and supplementing P.L.1984, c.173.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1984, c.173 (C.34:5A-32) is amended to read as follows:
1. The Legislature finds that the inspection, application, enclosure, removal and encapsulation of asbestos when improperly performed creates unnecessary health and safety hazards which are detrimental to the State's interest in protecting the health, safety, and welfare of all citizens thereby exposed to such asbestos hazards.
(cf: P.L.1994, c.21, s.1)
2. Section 2 of P.L.1984, c.173 (C.34:5A-33) is amended to read as follows:
2. The Legislature declares it to be its purpose and policy to reduce asbestos-related hazards by:
a. Encouraging contracting parties, citizens and insurance companies in their efforts to reduce disabling asbestos hazards and to stimulate initiation of new and to perfect existing programs for controlling the inspection, application, use and removal of asbestos, an extremely dangerous substance;
b. Creating a climate for developing innovative methods, techniques and approaches for dealing with life-destroying asbestos materials;
c. Encouraging competence and knowledge in the field of asbestos inspection, application, enclosure, repair, removal, and encapsulation by the licensing of employers, including contractors, and the permitting of employees in an effort to ensure that incompetent work will not pose a health and safety threat to the public-at-large through subsequent exposure to asbestos;
d. Providing for the adoption of standards for the inspection, application, enclosure, removal, encapsulation, storage, sale, disposal and use of asbestos and asbestos-containing material; and
e. Establishing an enforcement program for these standards, which shall include reporting procedures.
(cf: P.L.1994, c.21, s.2)
3. Section 3 of P.L.1984, c.173 (C.34:5A-34) is amended to read as follows:
3. As used in this act:
a. "Asbestos" means the asbestiform varieties of chrysotile (serpentine); crocidolite (riebeckite); amosite (cummuningtonitegrunerite); anthophyllite; termolite; and actinolite;
b. "Asbestos-containing material" means any material which contains more than [1%] one percent asbestos by weight;
c. "Employee" means any person suffered or permitted to work by an employer;
d. "Employer" means a body, board, person, corporation, partnership, proprietorship, joint venture, fund, authority or similar entity employing, permitting or suffering another to work. In the case of a corporation, the officers of the corporation and any agents having the management of the corporation shall be deemed to be employers of the employees of the corporation for the purposes of this act. This term shall apply to private employers and to the State, its political subdivisions, and any boards, commissions, schools, institutions, or authorities created or recognized thereby;
e. "Friable" means asbestos-containing material that when dry may be crumbled, pulverized or reduced to powder by hand pressure, and includes previously nonfriable asbestos-containing material after that material becomes damaged to the extent that when dry it may be crumbled, pulverized or reduced to powder by hand pressure.
f. "Structure" means any institutional, commercial, public, industrial, or residential facility, installation, or building excluding any residential apartment building with fewer than 10 units or detached single-family home.
(cf: P.L.1994, c.21, s.3)
4. Section 4 of P.L.1984, c.173 (C.34:5A-35) is amended to read as follows:
4. Any private or public agency letting contracts for any activity involving the inspection, application, enclosure, repair, removal or encapsulation of asbestos in [any] a structure for which a license is required shall include in these contracts specifications that these contracts are to be performed by contractors and subcontractors licensed by the Commissioner of Labor and Workforce Development.
(cf: P.L.1994, c.21, s.4)
5. Section 5 of P.L.1984, c.173 (C.34:5A-36) is amended to read as follows:
5. No employer shall either directly or indirectly perform any of the functions of inspection, application, enclosure, removal, or encapsulation of asbestos in [any] a structure, nor enter into any contract with the owner or the owner's representative for the employer to perform such work or services, without first obtaining a nontransferable license from the Commissioner of Labor and Workforce Development, except private employers subject to the federal [Occupational Safety and Health Act of 1970] "Occupational Safety and Health Act of 1970" (29 U.S.C. s. 651 et seq.) who use their own employees to inspect, apply, enclose, remove, repair, or encapsulate asbestos in their own facility, or as otherwise exempted pursuant to section 7 of P.L.1994, c.21 (C.34:5A-43).
This license shall be in writing, shall be dated when issued, shall contain an expiration date, and shall be signed by the commissioner. The commissioner may issue employer licenses with such conditions as the commissioner deems necessary, and as adopted by regulation, specifying the scope of work authorized by such license. No license shall be issued by the commissioner unless the employer has completed a course of training certified by, and satisfactorily has completed an examination approved by, the Department of Health. The license shall give the name and address of the employer to whom it is issued. Licensed employers shall post a sign indicating, in letters more than four inches in height, "LICENSED BY THE STATE OF NEW JERSEY FOR ASBESTOS WORK," readily visible outdoors at the work site. The actual license shall be readily available at the work site for inspection by representatives of the Commissioners of Labor and Workforce Development and Health and the contracting agency.
(cf: P.L.1994, c.21, s.5)
6. Section 6 of P.L.1984, c.173 (C.34:5A-37) is amended to read as follows:
6. Every employee performing functions of inspection, application, enclosure, repair, removal, or encapsulation of asbestos, with the exception of employees of an employer subject to the federal [Occupational Safety and Health Act of 1970] "Occupational Safety and Health Act of 1970" (29 U.S.C. s. 651 et seq.) inspecting, applying, enclosing, repairing, removing, or encapsulating asbestos at the employer's own facility, or as otherwise exempted pursuant to section 7 of P.L.1994, c.21 (C.34:5A-43), shall first procure from the Commissioner of Labor and Workforce Development a performance permit. No permit shall be issued unless the employee has taken a course of training in asbestos inspection, control, and removal, passed an examination thereon, and demonstrated the ability to perform asbestos inspection, control, and removal safely, in accordance with the current state-of-the-art technology. The Commissioner of Health shall certify the course of training and approve the examination necessary for a permit. This permit shall be in writing, shall be dated when issued, shall contain an expiration date, and shall be signed by the Commissioner of Labor and Workforce Development. It shall give the name and address of the employee to whom it is issued. The permit shall be carried upon the worker's person and be readily available for inspection by representatives of the Commissioners of Labor and Workforce Development and Health and the contracting agency. The Commissioner of Labor and Workforce Development may place reasonable conditions on employee permits which specify the scope of work authorized by such permit.
(cf: P.L.1994, c.21, s.6)
7. (New section) A permitted employee pursuant to section 6 of P.L.1984, c.173 (C.34:5A-37) shall perform initial, ongoing, and final inspections for asbestos in a structure for which a license is required. An employee performing inspections in a structure shall be employed by a licensed employer pursuant to section 5 of P.L.1984, c.173 (C.34:5A-36) who is separate from and independent of other licensed employers performing asbestos related work in the structure.
8. Section 8 of P.L.1984, c.173 (C.34:5A-39) is amended to read as follows:
8. Not later than six months after the effective date of this act, the Commissioners of Labor and Workforce Development and Health jointly shall, in consultation with the Commissioner of Environmental Protection, adopt all standards and regulations which they deem necessary for the proper administration and enforcement of this act. These standards and regulations shall include, but shall not be limited to, protective equipment specifications; inspection, application, enclosure, removal, and encapsulation procedures; administrative penalties; waste disposal; self-monitoring; cleanup; health checkup; license and permit issuance, suspension, renewal and revocation; fee charges; experience necessary for license or permit qualification; general subject matter of qualifying examinations; and continuing education. Any suspension, revocation, or refusal to renew any permit or license pursuant to this act shall be effectuated as follows: the department that is responsible for the issuance of the permit or license may suspend, revoke, or refuse to renew any license or permit because of a violation of any provision of this act. Prior to that suspension, revocation, or failure to renew, the department shall afford the applicant, licensee, or permit holder an opportunity for a hearing in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), except that, if the department has reason to believe that a condition exists at a job site which poses an imminent threat to the public health, safety or welfare, it may order the immediate suspension of the license, permit, or certification pending the outcome of the hearing.
(cf: P.L.1994, c.21, s.9)
9. This act shall take effect immediately.
STATEMENT
This bill amends P.L.1994, c.21 (C.34:5A-32 et seq.), commonly referred to as the Asbestos Control and Licensing Act, and applies the provisions of the law to the inspection of asbestos in a structure. This bill establishes both employer license and employee permit requirements and provides for the adoption of standards and regulations by the Commissioner of Labor and Workforce Development and the Commissioner of Health for the inspection of asbestos. In doing so, this bill also extends the enforcement provisions established in section 9 and 10 of P.L.1994, c.21 (C.34:5A-40 and C.34:5A-41) to include violations as they relate to the inspection of asbestos. The law currently applies to the application, enclosure, repair, removal and encapsulation of asbestos.
Further, this bill requires a permitted employee to perform initial, ongoing, and final inspections for asbestos in a structure for which a license for asbestos control is required. To ensure that all inspections are performed in the best interest of the public's health and safety, the employee must be employed by a licensed employer who is separate from and independent of other licensed employers performing asbestos related work in the structure.
Finally, under this bill, the term "structure" is defined to mean any institutional, commercial, public, industrial, or residential facility, installation, or building excluding any residential apartment building with fewer than 10 units or detached single-family home.
