Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope and Application.
Any individual performing services as an asbestos consultant or site surveillance technician as referenced and defined in section of Title 81529(q) of Title 8 of the California Code of Regulations must apply for and obtain a certification pursuant to this article.
NOTE: This does not apply to individuals who perform preliminary site assessments or other such building inspection activities which may identify asbestos-containing construction materials but which are not for the primary purpose of finding asbestos-containing construction materials in buildings and evaluating the materials for the need of asbestos abatement.
(b) Application for Examination and Certification.
(1) Any individual desiring to be certified as set forth in subsection (a) of this section must submit an application for examination and certification as set forth herein. The application and all information and attachments shall be submitted under penalty of perjury, and accompanied by all applicable fees as set forth herein. No application will be accepted for processing by the Division unless accompanied by all required fees as set forth in subsection (c) herein.
Applications may be obtained from any District Office for the Division and shall be filed by mailing the completed application to the following address:
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
P.O. BOX 420603
SAN FRANCISCO, CA 94142
ATTENTION: ASBESTOS CONSULTANT CERTIFICATION
The application shall include:
(A) Type of certification desired: Asbestos Consultant or Site Surveillance Technician.
(B) Full name of the applicant including the name under which the individual will be conducting business under the certification, and any other names the applicant has used to conduct business as an asbestos consultant within five years previous to the date of the application.
(C) Birthdate and Social Security Number.
(D) Address (Employment and Home).
(E) Telephone Number (Work and Home).
(F) 2 copies of 1 1/2" x 1 1/2" current color photograph of applicant (passport type taken within the past 30 days).
(G) Copies of valid certificates from AHERA training providers approved by the Division.
NOTE: The Division will publish a list of approved AHERA training providers.
(1) Asbestos consultant applicants shall submit copies of AHERA training certificates for management planner, abatement project designer, abatement contractor and supervisor, and all subsequent annual refresher courses.
(2) Site surveillance technician applicants shall submit copies of AHERA training completion certificates for inspector, and abatement contractor and supervisor, and all subsequent annual refresher courses. Certificates for abatement worker and abatement project designer may be submitted in lieu of the abatement contractor and supervisor certificate.
(H) Required fee(s).
(I) Description of qualifications as required pursuant to section of Title 81529(o) of Title 8 of the California Code of Regulations outlining the applicant's educational qualifications, (attach copy of diploma, official transcript, or other proof), and description of qualifying work experience as specified in Business and Professions Code sections 7184 and 7185. Qualifying work experience includes technical work associated with asbestos consulting activities. Written references attesting to the applicant's qualifying work experience which are certified under the penalty of perjury are required.
(c) Examination Requirements for Certification.
(1) All applicants must pass a written examination as set forth herein.
(2) The examination shall be a closed book written examination pertaining to the subjects described in (o)(6)(A) and (o)(7)(A) of section of Title 81529 of Title 8 of the California Code of Regulations. The minimum passing score shall be correctly answering 70% of all the questions in the written examination.
(3) The examination shall be conducted at various locations as determined by the Division and administered at least annually or at other intervals when necessary.
(d) Fees for Certification and Renewal.
(1) Fees for asbestos consultant:
| Application and Examination Fee | $500 |
|
| Annual Renewal Fee | $325 |
(2) Fees for site surveillance technician:
| Application and Examination Fee | $400 |
|
| Annual Renewal Fee | $270 |
(3) All fees must be paid at the time the application is filed with the Division. Except as set forth in Part (5) of this subsection, all fees are non-refundable.
(4) All required fees shall be made payable to the Asbestos Consultant Certification Fund.
(5) The Division may refund 75% of the fee when an application is withdrawn by the applicant within 15 business days of the initial submission of the application. The Division may refund 50% of the fee when the Division determines that the applicant is not qualified to take the examination. The Division shall make no refund of the fee when a qualified applicant fails the written examination.
(e) Processing of Application.
(1) Within 15 business days of receipt of an application for certification, the Division shall inform the applicant in writing of its determination either that the application is complete or that it is deficient. The notice shall specify what additional information or documentation is necessary.
(2) Within 45 business days from the date the Division has determined an application is complete the Division shall:
(A) Inform the applicant that the application for certification is denied, specifying the reasons for the denial; or
(B) Inform the applicant that the qualification requirements of this article have been satisfied and that the applicant may take the required written examination; and,
(C) Inform the applicant of the date, time, and location of the examination.
(f) Provisional Certification.
(1) The Division may issue a provisional certification to an applicant when:
(A) The applicant has submitted a completed application and is qualified to take the written examination.
(B) The Division is not able to schedule an examination and issue the certification within 45 business days after the Division has found the application to be complete as set forth in subsection (c) above.
(2) The provisional certification card will authorize the applicant to perform services as an asbestos consultant or site surveillance technician. The provisional certification shall expire 15 days after the scheduled examination date of the applicant who receives the provisional certification.
(3) Only one provisional certification may be issued to an applicant.
(g) Re-examinations.
Within 30 days of notification, any applicant who fails the examination may take the next scheduled examination. The request shall be made to the Division in writing and accompanied by a re-examination fee in the amount of 50% of the application and examination fee specified in subsection (d) above. Any applicant who fails is entitled to retake the examination one time. If an applicant fails the examination twice the request for certification will be denied and the applicant must submit a new application.
(h) Renewal or Replacement of Certification.
(1) A certification issued pursuant to this article shall be valid for one year from the date of issuance as designated on the certification. Any individual certified under this article may renew the certification by filing a request for renewal with the Division at least 60 days prior to the expiration date of the certification. Any individual who fails to renew as required herein must submit a new application for certification.
(2) All requests for renewal must be submitted with a current photograph, copies of required AHERA refresher training certificates, and the required renewal fee specified in subsection (d) above.
(3) Any person whose certification card has been lost or mutilated may request a replacement card from the Division. Such request shall be in writing and accompanied with a current photograph and replacement fee in the amount of 30% of the annual renewal fee specified in (d) of this section.
(i) Denial, Suspension, or Revocation of Certification.
(1) The Division may for good cause deny certification to an applicant. Good cause shall be deemed to exist when the applicant does not satisfy the qualification requirements of this article or has failed the written examination.
(2) The Division may for good cause and after notice suspend or revoke the certification of a person certified pursuant to this section. Good cause shall be deemed to exist if the person certified has committed gross negligence or fraud, or engaged in repeated acts of negligence during the performance of activities subject to the certification.
(3) All procedures for denial, suspension or revocation will follow the General Rules of Practice and Procedure in sections 340.40 through 340.52.
(4) The affected party may appeal the action of the Division following the General Rules of Practice and Procedures in sections 340.40 through 340.52.
1. New article 2.6 and section filed 8-6-92; operative 8-6-92 (Register 92, No. 32).
2. Amendment of subsections (d)(1)-(2) filed 11-19-2001 as an emergency; operative 11-19-2001 (Register 2001, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-19-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-19-2001 order transmitted to OAL 3-4-2002 and filed 3-28-2002 (Register 2002, No. 13).
4. Amendment filed 5-20-2011; operative 6-19-2011 (Register 2011, No. 20).
Note: Authority cited: Section 7180, Business and Professions Code; and Sections 60.5, 6308 and 9021.5, Labor Code. Reference: Sections 7184 and 7185, Business and Professions Code; Sections 9021.5, 9021.6 and 9021.8, Labor Code; and Section 1529, Title 8, California Code of Regulations.
