AS Title 18, Chapter 31: Asbestos

Article 1. Asbestos Health Hazard Abatement Program. Chapter 31. Asbestos. Sec. 18.31.010. Program established. The asbestos health hazard abatement program is established in the Department of Labor and Workforce Development to coordinate efforts of state departments and agencies to abate asbestos health hazards in schools in the state. The program applies to all work in public schools and the University of Alaska involving (1) demolition, removal, encapsulation, salvage, repair, transportation, disposal, storage, and containment of asbestos products; (2) construction, alteration, repair, maintenance, or renovation that will cause asbestos fibers to become airborne. Sec. 18.31.020. Duties of the Department of Labor and Workforce Development. In order to abate asbestos health hazards from public schools and from the University of Alaska, the Department of Labor and Workforce Development shall (1) in a school district or regional educational attendance area that has not complied with Environmental Protection Agency asbestos regulations (40 C.F.R. Part 763), inspect school buildings to determine the presence of asbestos, take samples as needed, answer inquiries on the subject, ensure quality control of asbestos sampling, or enter into contracts for these purposes; (2) distribute, retrieve, and store training materials concerning inspection and sampling for asbestos; (3) establish guidelines, in conformity with Environmental Protection Agency asbestos regulations (40 C.F.R. Part 763), for abating asbestos health hazards, for inspecting and collecting samples of suspected asbestos, and for analyzing the samples; (4) evaluate analysis results and distribute the results to affected schools; (5) coordinate efforts by state departments and agencies and by school officials to identify and abate asbestos health hazards; (6) cooperate with the Department of Education and Early Development to administer state money appropriated for the asbestos health hazard abatement program; (7) establish classifications of asbestos health hazards according to the severity of the hazard and determine on the basis of those classifications the order in which abatement projects should proceed; (8) review and approve all asbestos health hazard abatement projects relating to respirator use and employee training, including training materials; (9) oversee an employee certification program; (10) establish guidelines and procedures to prevent damage to asbestos products in daily operations; (11) whenever the department is informed of scheduled work to abate an asbestos health hazard, inform the contractors and other concerned persons of the health hazards of asbestos; (12) assist the University of Alaska in its efforts to abate asbestos health hazards; and (13) adopt regulations necessary to implement the provisions of this chapter. Sec. 18.31.030. Duties of the Department of Education and Early Development. To assist in implementing the asbestos health hazard abatement program, the Department of Education and Early Development shall (1) cooperate with the Department of Labor and Workforce Development, school districts, and regional educational attendance areas to ensure inspection of public schools for asbestos health hazards and to ensure that identified asbestos health hazards are abated; (2) maintain records, files, and reports on asbestos health hazards in public schools; (3) administer state money appropriated to finance renovation contracts under AS 18.31.040 (5); (4) in accordance with priorities established by the Department of Labor and Workforce Development under AS 18.31.020 (7), distribute grants to school districts and regional educational attendance areas for the abatement of health hazards in public schools; and (5) inform the Department of Labor and Workforce Development when renovation contracts are awarded under AS 18.31.040 (5), to enable the Department of Labor and Workforce Development to advise contractors and other concerned persons of the health hazards of asbestos that may be encountered in the renovation project. Sec. 18.31.040. Duties of school officials. To assist in implementing the asbestos health hazard abatement program, each city or borough school district and each regional educational attendance area shall (1) maintain records of all inspections, including sample dates, location, condition, and analysis of materials; (2) notify school personnel of the location of asbestos materials and ways to reduce exposure; (3) notify the parents of students about the results of asbestos inspections in their children's schools; (4) either (A) contract for the inspection of its school buildings in compliance with Environmental Protection Agency asbestos regulations (40 C.F.R. Part 763) and in accordance with guidelines established by the Department of Labor and Workforce Development and under the supervision of the Department of Labor and Workforce Development; or (B) notify the Department of Labor and Workforce Development that the school district or regional educational attendance area has not entered and does not intend to enter into a contract for an inspection for asbestos health hazards; and (5) contract for renovating school buildings to abate asbestos health hazards, and supervise and monitor the renovation contracts, applying the standards in AS 18.60.075 to protect the health of persons who renovate the school buildings. Sec. 18.31.050. Repayment of grant funds. A school district or regional educational attendance area that receives a state grant for the abatement of asbestos health hazards in schools shall repay the grant from any money the district or the regional educational attendance area recovers from asbestos manufacturers or other parties in a claim for damages arising from the use of asbestos in a school. Repayment shall be made after deducting legal fees and other costs associated with the claim for damages. Article 2. Certification of Asbestos Workers. Sec. 18.31.200. Certification programs. (a) The Department of Labor and Workforce Development shall (1) establish guidelines for employee training certification programs, including respiratory and competency tests to be completed successfully, to ensure that a person who is employed to abate asbestos health hazards is trained to do the work safely and is informed about the danger of working with asbestos; (2) review certification programs proposed by contractors, labor organizations, public and private vocational training programs, and others for persons who will be employed to abate asbestos health hazards; (3) approve proposed certification programs that meet the department's guidelines under this subsection; (4) assist in meeting the certification guidelines those whose certification program proposals have been found unacceptable. (b) Before a contractor may undertake work to abate an asbestos related health hazard, the contractor shall (1) propose to the Department of Labor and Workforce Development a plan for the certification of its employees as adequately trained to handle asbestos in a safe and knowledgeable way; (2) receive approval from the department of that plan; and (3) certify that each person who will work on the abatement of an asbestos health hazard is adequately trained to handle asbestos in a safe and knowledgeable way. (c) A person may not be employed to abate an asbestos health hazard unless the person has been certified in a program approved by the Department of Labor and Workforce Development under (a) of this section. (d) A contractor who violates (b) or (c) of this section is subject to a civil penalty not to exceed $1,000, as determined by the commissioner of labor and workforce development. (e) A contractor who violates (b) of this section is guilty of a class A misdemeanor. (f) A contractor who violates (c) of this section is guilty of a class B misdemeanor. (g) The Department of Labor and Workforce Development shall adopt by regulation a fee schedule for (1) review, approval, and certification of asbestos training certification programs and plans under this section; and (2) certification of a person employed to abate an asbestos health hazard. Article 3. Naturally Occurring Asbestos. Sec. 18.31.250. Use of materials containing naturally occurring asbestos. (a) A principal construction contractor or, in the absence of an identified principal construction contractor, person having legal authority for the design and construction of a project may qualify for immunity in a civil action under AS 09.65.245 (a)(2) for the use of gravel or other aggregate material that, when tested using a bulk test method prescribed by the Department of Transportation and Public Facilities by regulation, is determined to have a content equal to or greater than 0.25 percent of naturally occurring asbestos by mass. (b) To qualify for the immunity provided under AS 09.65.245 (a)(2), before initiating a construction project not subject to AS 44.42.410 (b) that is within an area designated by the Department of Transportation and Public Facilities under AS 44.42.400 (b) or (c) and that will use gravel or other aggregate material that contains naturally occurring asbestos, the principal construction contractor or, in the absence of an identified principal construction contractor, the person having legal authority for the design and construction of the project shall prepare and submit to the Department of Transportation and Public Facilities specific project plans demonstrating compliance with the standards adopted by the department under AS 44.42.420 and the requirements of the site-specific use plan under AS 44.42.410 . Before extraction of gravel or other aggregate material may begin, the plan must be approved and returned to the contractor by the department. (c) To preserve the immunity provided under AS 09.65.245 (a)(2), the principal construction contractor or, in the absence of an identified principal construction contractor, the person having legal authority for the design and construction of the project shall adhere to the site-specific use plan approved by the department and the monitoring and mitigation plan created by the department. Sec. 18.31.260. Presence of naturally occurring asbestos. The state shall consider 0.25 percent by mass, the minimum detectable amount of asbestos under the California Air Resources Board Method 435, as the baseline for the presence of naturally occurring asbestos in gravel or other aggregate material. Article 4. General Provisions. Sec. 18.31.500. Definitions. In this chapter, (1) “asbestos” means chrysotile, amosite, crocidolite, fibrous tremolite, fibrous anthophyllite, and fibrous actinolite; (2) “asbestos health hazard” means the presence of material containing asbestos that carries a risk of releasing asbestos fibers into the atmosphere.