The Legislature hereby finds and declares that asbestos is a dangerous toxic substance and harmful to the citizens of this state. Therefore to ensure the protection of the citizens of this state, persons who come into contact with asbestos through abatement, removal, enclosure or encapsulation, should be trained and licensed professionals who know how to […]
Fees and fines collected under this article and any rules promulgated hereunder shall be deposited in a special revenue account in the State Treasury to be used by the director for purposes related to the implementation of this article.
(a) Each owner or other person responsible for the operation of a building or facility where an asbestos abatement project is to occur shall notify the commissioner at least ten working days prior to commencement of each asbestos abatement project and shall comply with other applicable state and federal legal and regulatory notification requirements for […]
A person or organization may apply for department and United States environmental protection agency approval of a course on the health and safety aspects of asbestos abatement, removal, enclosure and encapsulation by submitting a full description of the curriculum and a written application on forms prescribed by the department.
The director may set standards for accepting licenses issued by other states. The director may grant licenses to individuals from other states if that other state has as stringent licensing requirements as West Virginia.
(a) No employer may discharge, threaten or otherwise discriminate or retaliate against an employee by changing the employee's compensation, terms, conditions, location or privileges of employment because the employee, acting on his own volition, or a person acting on behalf of or under the direction of the employee, makes a good faith report or is […]
(a) The director may reprimand, suspend or revoke the license of an asbestos analytical laboratory, clearance air monitor, contractor, inspector, management planner or worker, or of an asbestos abatement project designer or supervisor, or of a resilient floor covering worker, if the licensee: (1) Fraudulently or deceptively obtains or attempts to obtain a license or […]
The director may impose a civil penalty of not less than $250 and not more than $5,000 for each separate violation of this article or any rules promulgated hereunder. Notwithstanding any other provision of this code, any person who violates any provision of this article or any rule or regulation related hereto shall be guilty […]
(a) “Asbestos” means the asbestiform varieties of chrysolite (serpentine), crocidolite (riebeckite), amosite (cummintonite-grunerite), anthophyllite, tremolite and actinolite. (b) “Asbestos analytical laboratory” means a facility or place which analyzes asbestos bulk samples or asbestos air samples. (c) “Asbestos abatement project designer” means a person who specifies engineering controls, methods and work practices to be used during […]
The director of health shall administer and enforce this article. The director has the following powers and duties: (a) To issue licenses and assess fees pursuant to this article and the rules promulgated thereunder. (b) To promulgate rules necessary to carry out the requirements of this article in accordance with the provisions of chapter twenty-nine-a […]
(a) It is unlawful for an individual who does not possess a valid asbestos management planner's license to design a building's or facility's asbestos management plan. (b) To qualify for an asbestos management planner's license, an applicant shall: (1) Satisfactorily complete a United States environmental protection agency approved training course for asbestos management planners;
(a) It is unlawful for any person who does not possess a valid asbestos abatement project designer's license to specify engineering controls, methods and work practices under an asbestos abatement project contract to another person. (b) To qualify for an asbestos abatement project designer's license, an applicant shall: (1) Satisfactorily complete a United States environmental […]
(a) It is unlawful for any person who does not possess a valid asbestos contractor's license to contract with another person for an asbestos abatement project. (b) To qualify for an asbestos contractor's license, an applicant shall: (1) Satisfactorily complete a United States environmental protection agency approved training course for asbestos supervisors;
(a) It is unlawful for an individual who does not possess a valid asbestos abatement supervisor's license to direct an asbestos abatement project. (b) To qualify for an asbestos abatement supervisor's license, an applicant shall: (1) Satisfactorily complete a United States environmental protection agency approved training course for asbestos abatement supervisors;
(a) It is unlawful for an individual who does not possess a valid asbestos inspector's license to work as an asbestos inspector on an asbestos abatement project. (b) To qualify for an asbestos inspector's license, an applicant shall: (1) Satisfactorily complete a United States environmental protection agency approved training course for asbestos inspectors;
(a) It is unlawful for an individual who does not possess a valid asbestos worker's license to work as an asbestos worker on an asbestos abatement project. (b) To qualify for an asbestos worker's license an individual shall: (1) Satisfactorily complete a United States environmental protection agency approved training course for asbestos workers;
(a) After January 1, 1994, it shall be unlawful for any laboratory that does not possess a valid asbestos analytical laboratory license to analyze asbestos bulk samples or asbestos air monitoring samples. (b) To qualify for an asbestos analytical laboratory license, an applicant shall: (1) Demonstrate to the satisfaction of the director that the applicant […]
(a) After January 1, 1994, it shall be unlawful for any individual who does not possess a valid asbestos clearance air monitor license to sample asbestos abatement project areas for clearance. (b) To qualify for an asbestos clearance air monitor license, an applicant shall: (1) Satisfactorily complete a course approved by the director for asbestos […]
(a) After January 1, 1994, it shall be unlawful for an individual who does not possess a valid resilient floor covering worker's license to be employed as a resilient floor covering worker. (b) To qualify for a resilient floor covering worker's license an individual shall: (1) Satisfactorily complete a training course approved by the director […]
