Bill Text: VA SB482 | 2012 | Regular Session | Engrossed
Bill Title: Asbestos, Lead, Mold, and Home Inspectors, Virginia Board for; examination for disciplinary actions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2012-03-10 - House: Left in General Laws [SB482 Detail]
Download: Virginia-2012-SB482-Engrossed.html
12103436D
Be it enacted by the General Assembly of Virginia: 1. That §§54.1-501 and 54.1-516.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 54.1-515.1 and 54.1-516.2 as follows: §54.1-501. Powers and duties of the Board. The Board shall administer and enforce this chapter. The Board shall: 1. Promulgate regulations necessary to carry out the requirements of this chapter in accordance with the provisions of the Administrative Process Act (§2.2-4000 et seq.) to include but not be limited to the prescription of fees, procedures, and qualifications for the issuance and renewal of asbestos, lead, and renovation licenses, and governing conflicts of interest among various categories of asbestos, lead, and renovation licenses; 2. Approve the criteria for accredited asbestos training programs, accredited lead training programs, accredited renovation training programs, training managers, and principal instructors; 3. Approve accredited asbestos training programs, accredited lead training programs, accredited renovation training programs, examinations and the grading system for testing applicants for asbestos, lead, and renovation licensure; 4. Require initial applicants for an asbestos worker
license, after completion of an accredited training program, to pass a [ 5. Promulgate regulations governing the licensing of and establishing performance criteria applicable to asbestos analytical laboratories;
§54.1-515.1. Employer to provide written notice; model notice. A. An employer shall provide each licensed asbestos worker who will be dispatched to a location to perform the removal or encapsulation of asbestos with a written notice containing the following information: (i) that the worker has the right to work in a safe environment, (ii) a summary of basic safety rules for handling asbestos, and (iii) information on how to file a complaint with the Board including pertinent telephone contact numbers. Each notice shall be signed and dated by the worker upon receipt, and the employer shall retain a copy of all notices distributed. B. The Board shall develop a model notice in English and Spanish that may be used by employers to comply with the requirements of this section. §54.1-516.1. Summary suspension of licenses or approvals; allegations to be in writing. A. The Board may suspend the license or the approval of
any (i) accredited training program, (ii) asbestos contractor, (iii)
training manager, or B. The Board may meet by telephone conference call when summarily suspending a license or the approval of an accredited training program, training manager or principal instructor if a good faith effort to assemble a quorum of the Board has failed and, in the judgment of a majority of the members of the Board, the continued practice by the licensee or approved individual or training program constitutes a substantial danger to the public health or safety. Institution of proceedings for a hearing or an informal fact finding conference shall be provided simultaneously with the summary suspension. Such hearing or conference shall be scheduled within a reasonable time of the date of the summary suspension. Allegations of violations of this section shall be made in accordance with §54.1-307.1. §54.1-516.2. Substantial identity of interest; grounds for disciplinary action. A. The Board may suspend, revoke, or deny renewal of an existing license, or refuse to issue a license or certificate, to any asbestos contractor who is shown to have a substantial identity of interest with an asbestos contractor whose license has been revoked or not renewed by the Board. A substantial identity of interest includes but is not limited to (i) a controlling financial interest by the individual or corporate principals of the asbestos contractor whose license has been revoked or not renewed or (ii) substantially identical principals or officers. B. Any person whose asbestos contractor's license is suspended or revoked by the Board shall not be eligible for an asbestos license under any circumstances or under any name, except as provided by regulations of the Board. |