CAL OSHA - DOSH Asbestos Contractor Registration (ACRU) Frequently Asked Questions.
"How do I become and Asbestos Contractor"? The following are some frequently asked questions and a summary of the initial and annual asbestos registration process for contractors and other employers with the Division of Occupational Safety and Health (DOSH). They are not meant to be a substitute for, or an interpretation of existing legal requirements. For the complete asbestos in construction registration and related administrative requirements, see:
Title 8 of the California Code of Regulations (8 CCR), Article 2.5 Registration- Asbestos-Related Work (Sections 341.6 though 341.14) and 8 CCR Section 5203 (Carcinogen Report of Use Requirements).
Business and Professions Code. Click on Division 3, Chapter 9, Article 11, Sections 7058.5 & 6, 7180-7189.7 and 7028.1.
1. What conditions trigger the asbestos registration requirements?
Asbestos-containing construction materials (ACCM)- The work involves any manufactured construction material which contains more than 1/10th of 1% asbestos by weight. Note: This is a lower threshold than the 1% for ACM used in 8 CCR 1529 asbestos removal practices for Class I-IV work, as defined in section (b) of that code and;
Asbestos-related work- The activity, by disturbing asbestos-containing construction materials (ACCM), may release asbestos fibers into the air and is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials and;
Size of job- The square footage of ACCM involved must equal or exceed 100 sq. ft. at a single worksite. See 8 CCR 341.6(e) for the full explanation.
2. What are the rules for work involving less than 100 sq. ft. of ACCM?
The employer must send a simple "report of use" to Cal/OSHA. Reports of use are also required for manufacturing and other general industry settings. All other occupational health and safety work rule requirements apply- especially those from 8 CCR 1529.For more information about "reports of use" and the database of carcinogen use reports, call 510-286-7362. Also, see 8 CCR 5203, the Carcinogen Report of Use Requirements.
3. Who must register with Cal/OSHA?
Any contractor or employer (public or private) who engages in asbestos-related work as defined in Labor Code section 6501.8 involving 100 square feet or more of asbestos-containing material. Note: those solely engaged in asbestos-cement pipe work will be exempted under limited circumstances only if the employer or contractor complies with the training requirements in 1529(r)(1).
4. Who can bid on asbestos-related work?
As per 7058.6(c) of the Business Professions Code, licensed contractors not certified by the CSLB for asbestos-related work or not registered with the Cal/OSHA Asbestos Contractor Registration Unit may nonetheless bid on a project involving asbestos-related work as long as a contractor with the proper CSLB certification and Cal/OSHA registration actually performs the work.
SE specializes in th following CAL/OSHA Asbestos Registration Process
The following describes how to register, what is required to maintain that status, the different type of registration and some special circumstances:
1. What is the first step for contractors?
The registration process usually begins with the Contractor's State License Board (CSLB) which licenses all contractors and oversees a separate asbestos certification process. First, a licensed contractor or an employee takes an asbestos exam. If they pass, they become a "qualifier" for the license (e.g., the company) as occurs with other specialty contractor licenses. The CSLB will place an asbestos certification (ASB) on the contractor's license. The ASB is useless without Cal/OSHA registration. Public and private employers performing work on their own property do not need a CSLB license, but do need Cal/OSHA registration.
2. What information must employers or contractors provide to obtain a Cal/OSHA asbestos registration?
Before they perform asbestos-related work, employers and other contractors must register with Cal/OSHA. Employers and contractors must provide proof of the following:
A. Certification by the CSLB unless a public and private employer operating on their own premises.
B. Health Insurance or a trust account of $500 per employeeto cover the cost of medical examinations and monitoring (except for contractors without employees)
C. Worker's Compensation Insurance coverage.
D. Certified Supervisors who have the experience and authority to manage the asbestos removal process and who are OSHA competent persons. For most this means an initial Cal/OSHA-approved contractor/supervisor class lasting five days with a one-day refresher each year.
E. Worker training consisting of Cal/OSHA-approved initial and annual refresher courses in asbestos-removal. Depending upon the work these are either:
For Class I work involving thermal system or surfacing asbestos-containing materials- Four-day initial and one-day refresher courses following EPA rules; or
For Class II specialty work with flooring, roofing, siding, gaskets, and other such asbestos-containing materials- At least eight hours of initial and refresher OSHA-mandated training. Note: Class I training is needed when critical barriers and/or negative pressure enclosures are used in Class II work and, possibly, when the materials are non-intact
F. Compliance with the applicable occupational safety and health standards
G. Written asbestos removal operating Policies and Procedures
H. List of equipment necessary to perform such work
During the initial review process we check the applicant's documents, evaluate their compliance history, and review their procedures. We may require explanations or procedure revisions. If the applicant passes the initial review process, we issue certificates of registration. These are valid for one year unless revoked.
3. What must registrants do to maintain their asbestos registration?
Registrants must follow Title 8 safety and health regulations and maintain the qualifying conditions, such as worker's compensation and contractor's licensing. Among other important requirements, those who perform asbestos work at temporary worksites must send a notice to the nearest Cal/OSHA compliance office 24 hours prior to the start of work. Cal/OSHA may conduct inspections of such work. Registrants who are found to violate the law may be cited and fined by a Cal/OSHA compliance officer.
4. How does Cal/OSHA evaluate the fitness of registrants to retain their asbestos registration?
Registrants must reapply each year to renew their registration and obtain a new certificate. During the renewal we evaluate their Cal/OSHA compliance history over the past year and other information bearing on their ability to provide a safe and healthful workplace. ACRU may discipline registrants for Cal/OSHA citations and violations of related California Business & Professions Codes or environmental regulations. Where there are minor violations, ACRU may request evidence of preventive measures. In more serious cases, the ACRU may take administrative action. This can result in a probationary status, suspension or a revocation of registration.