Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 303-S.F.No. 858 
           An act relating to health; providing for asbestos 
          regulation; directing the commissioner of health to 
          regulate and license persons or entities enclosing, 
          removing, or encapsulating asbestos; providing 
          penalties; appropriating money; proposing coding for 
          new law in Minnesota Statutes, chapter 326. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [326.70] [TITLE.] 
    Sections 1 to 13 may be cited as the "asbestos abatement 
act." 
    Sec. 2.  [326.71] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 1 to 13.  
    Subd. 2.  [ASBESTOS.] "Asbestos" means the asbestiform 
varieties of chrysotile (serpentine), crocidolite (riebeckite), 
amosite (cummingtonite-grunerite), anthophyllite, tremolite, and 
actinolite.  
    Subd. 3.  [ASBESTOS-CONTAINING MATERIAL.] 
"Asbestos-containing material" means material that contains more 
than one percent asbestos by weight.  
    Subd. 4.  [ASBESTOS-RELATED WORK.] "Asbestos-related work" 
means the enclosure, removal, or encapsulation of 
asbestos-containing material in a quantity that meets or exceeds 
the United States Environmental Protection Agency's requirement 
of 260 lineal feet of friable asbestos on pipes or 160 square 
feet of friable asbestos on other facility components. 
    Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
commissioner of health and the commissioner's authorized 
delegates.  
    Subd. 6.  [CONTRACTING ENTITY.] "Contracting entity" means 
a public or private body, board, natural person, corporation, 
partnership, proprietorship, joint venture, fund, authority, or 
similar entity that contracts with an employer or person to do 
asbestos-related work for the benefit of the contracting entity. 
    Subd. 7.  [EMPLOYEE.] "Employee" means a person who works 
directly or indirectly for an employer.  
    Subd. 8.  [EMPLOYER.] "Employer" means an individual, body, 
board, corporation, partnership, proprietorship, joint venture, 
fund, authority, or similar entity directly or indirectly 
employing an employee.  This term applies to private employers 
and to the state, its political subdivisions, and any boards, 
commissions, schools, institutions, or authorities created or 
recognized by them. 
    Sec. 3.  [326.72] [ASBESTOS LICENSE.] 
    Subdivision 1.  [WHEN LICENSE REQUIRED.] An employer or 
other person within the state intending to directly perform or 
cause to be performed through subcontracting or similar 
delegation any asbestos-related work either for financial gain 
or with respect to the employer's or person's own property shall 
first apply for and obtain a license from the commissioner.  The 
license shall be in writing, be dated when issued, contain an 
expiration date, be signed by the commissioner, and give the 
name and address of the employer or person to whom it is issued. 
    Subd. 2.  [DISPLAY OF LICENSE.] Licensees shall post a sign 
with the words, in letters four or more inches high, "licensed 
by the state of Minnesota for asbestos work" in a conspicuous 
place outside of the asbestos abatement work area.  The actual 
license or a copy certified by the commissioner shall be readily 
available at the work site for inspection by the commissioner, 
other public officials charged with the health, safety, and 
welfare of the state's citizens, and the contracting entity.  
    Sec. 4.  [326.73] [EMPLOYEE ASBESTOS CERTIFICATIONS.] 
    Before an employee performs asbestos-related work, the 
employee shall first obtain a certificate from the commissioner 
certifying that the employee is qualified to perform the work.  
No certificate shall be issued unless the employee has taken a 
course of training in asbestos control and removal, passed an 
examination in those subjects, and demonstrated to the 
commissioner the ability to perform asbestos-related work safely 
in accordance with the current state-of-the-art technology.  The 
commissioner shall specify the course of training necessary.  
The certificate issued by the commissioner shall be in writing, 
be dated when issued, contain an expiration date, be signed by 
the commissioner, and contain the name and address of the 
employee to whom it is issued.  The certificate shall be carried 
by the employee and be readily available for inspection by the 
commissioner, other public officials charged with the health, 
safety, and welfare of the state's citizens, and the contracting 
entity.  
    Sec. 5.  [326.74] [REPORTING ASBESTOS WORK.] 
    An employer, at least five calendar days before engaging in 
asbestos-related work, shall give written notice to the 
commissioner of the project.  The notice shall contain the 
following information:  
    (1) a brief description of the work to be performed;  
    (2) the name of the contracting entity;  
    (3) the location and address of the project work site;  
    (4) the approximate duration of the project;  
    (5) the approximate amount of the asbestos involved in the 
project; 
    (6) the name of any project manager; and 
    (7) other information required by the commissioner.  
    Sec. 6.  [326.75] [FEES.] 
    Subdivision 1.  [LICENSING FEE.] An employer or other 
person required to be licensed under section 3 shall, before 
receipt of the license and before causing asbestos-related work 
to be performed, pay the commissioner an annual license fee of 
$100. 
    Subd. 2.  [CERTIFICATION FEE.] Employees required to be 
certified under section 3 shall, before performing 
asbestos-related work, pay the commissioner a certification fee 
of $50. 
    Subd. 3.  [PERMIT FEE.] Before beginning asbestos-related 
work, an employer shall pay a project permit fee to the 
commissioner equal to one percent of the total costs of the 
asbestos-related work. 
    Subd. 4.  [DEPOSIT OF FEES.] Fees collected under this 
section shall be deposited in the asbestos abatement revolving 
fund created by section 13. 
    Sec. 7.  [326.76] [DUTIES OF CONTRACTING ENTITIES.] 
    A contracting entity intending to have asbestos-related 
work performed for its benefit shall include in the 
specifications and contracts for the work a requirement that the 
work be performed by contractors and subcontractors licensed by 
the commissioner under sections 1 to 13.  No contracting entity 
shall allow asbestos-related work to be performed for its 
benefit unless it has seen that the employer has a valid 
license.  A contracting entity's failure to comply with this 
section does not relieve an employer from any of its 
responsibilities under sections 1 to 13. 
    Sec. 8.  [326.77] [INDOOR AIR STANDARD.] 
    (a) The commissioner may adopt rules establishing an indoor 
air standard for asbestos.  
    (b) Until the rules become effective, asbestos remaining in 
the air following the completion of an abatement project shall 
not exceed .01 fibers greater than five microns in length per 
cubic centimeter of air.  
    Sec. 9.  [326.78] [DUTIES OF THE COMMISSIONER.] 
    Subdivision 1.  [RULEMAKING.] The commissioner shall adopt 
and begin enforcement of rules necessary to implement sections 1 
to 13.  The rules adopted shall not be duplicative of rules 
adopted by the commissioner of the department of labor and 
industry.  The rules shall include rules in the following areas: 
    (1) application, enclosure, removal, and encapsulation 
procedures;  
    (2) license and certificate qualification requirements;  
    (3) examinations for obtaining a license and certificate; 
    (4) training necessary for employee certification;  
    (5) qualifications for managers of asbestos abatement 
projects;  
    (6) abatement specifications;  
    (7) any contractor bonding and insurance requirements 
deemed necessary by the commissioner; 
    (8) license and certificate issuance and revocation 
procedures;  
    (9) suspension or revocation of licenses or certificates;  
    (10) license and certificate suspension and revocation 
criteria; 
    (11) cleanup standards; 
    (12) continuing education requirements; and 
    (13) other rules necessary to implement sections 1 to 13.  
    Subd. 2.  [ISSUANCE OF LICENSES AND CERTIFICATES.] The 
commissioner may issue licenses to employers and certificates to 
employees who meet the criteria in sections 1 to 13 and the 
commissioner's rules.  Licenses and certificates shall be valid 
for at least 12 months.  
    Subd. 3.  [DELEGATION.] The commissioner may, in writing, 
delegate the inspection and enforcement authority granted in 
sections 1 to 13 to other state agencies regulating asbestos. 
    Subd. 4.  [ACCESS TO INFORMATION AND PROPERTY.] (a) Any 
person who the commissioner has reason to believe is engaged in 
asbestos-related work, or who is the owner of real property 
where the asbestos-related work is being undertaken, when 
requested by the commissioner, or any member, employee, or agent 
thereof who is authorized by the commissioner, shall furnish the 
commissioner any information that the person may have or may 
reasonably obtain that is relevant to the asbestos-related work. 
    (b) The commissioner or any person authorized by the 
commissioner, upon presentation of credentials, and with reason 
to believe that violation of this act may be occurring, may:  
    (1) examine and copy any books, papers, records, memoranda, 
or data related to the asbestos-related project of any person 
who has a duty to provide information to the department under 
paragraph (a); and 
    (2) enter upon any public or private property to take 
action authorized by this section including obtaining 
information from any person who has a duty to provide the 
information under paragraph (a), and conducting surveys or 
investigations.  
    Subd. 5.  [SUBPOENAS.] In matters under investigation by or 
pending before the commissioner under sections 1 to 13, the 
commissioner may issue subpoenas and compel the attendance of 
witnesses and the production of papers, books, records, 
documents, and other relevant evidentiary material.  A person 
failing or refusing to comply with the subpoena or order may, 
upon application by the commissioner to the district court in 
any district, be ordered by the court to comply with the order 
or subpoena.  The commissioner may also administer oaths and 
affirmations to witnesses.  Depositions may be taken within or 
without the state in the manner provided by law for the taking 
of depositions in civil actions.  A subpoena or other process or 
paper may be served upon any person anywhere within the state by 
an officer authorized to serve subpoenas in civil actions, with 
the same fees and mileage costs paid, and in the manner as 
prescribed by law, for process of the state district courts.  
Fees and mileage and other costs of persons subpoenaed by the 
commissioner shall be paid in the manner prescribed for 
proceedings in district court.  
    Subd. 6.  [CEASE AND DESIST ORDER.] (a) The commissioner 
may issue an order requiring an employer to cease 
asbestos-related work if the commissioner determines that a 
condition exists that poses an immediate danger to the public 
health.  For purposes of this subdivision, an immediate danger 
to the public health exists if the commissioner determines that: 
    (1) air quality standards are being exceeded;  
    (2) asbestos-related work is being undertaken in a manner 
violative of applicable state or federal law;  
    (3) the employer or an employee working at the project site 
is not licensed or certified, or in possession of a current 
license or certificate, as the case may be; or 
    (4) the employer has not reported the project under section 
5.  
    (b) The order is effective for a maximum of 60 days.  
Following issuance of the order, the commissioner shall provide 
the contractor or individual with an opportunity for a hearing 
under the contested case provisions of chapter 14.  At the 
hearing, the commissioner shall decide whether to rescind, 
modify, or reissue the previously made order.  A modified or 
reissued order is effective for a maximum of 60 days from the 
date of modification or reissuance. 
    Subd. 7.  [ORDER FOR CORRECTIVE ACTION.] After notice and 
opportunity for hearing under the contested case provisions of 
chapter 14, the commissioner may issue an order requiring anyone 
violating sections 1 to 13 or a rule of the commissioner to take 
corrective action as the commissioner determines will accomplish 
the purpose of the project and prevent future violation.  The 
order shall contain a date by which the violation must be 
corrected. 
    Subd. 8.  [INJUNCTIVE RELIEF.] In addition to any other 
remedy provided by law, the commissioner may bring an action for 
injunctive relief in the district court in Ramsey county or, at 
the commissioner's discretion, in the district court in the 
county in which an asbestos-related work is being undertaken to 
halt the work or an activity connected with it.  A temporary 
restraining order or other injunctive relief may be granted by 
the court in the proceeding if continuation of the work or an 
activity connected with it would result in an imminent risk of 
harm to any person.  
    Sec. 10.  [326.79] [MISDEMEANOR PENALTY.] 
    A person who: 
    (1) hinders or delays the commissioner or the 
commissioner's authorized representative in the performance of 
the duty to enforce sections 1 to 13; 
    (2) undertakes asbestos-related work without a license or 
with a revoked, expired, or suspended license; 
    (3) refuses to make a license or certificate accessible to 
either the commissioner or the commissioner's authorized 
representative; 
    (4) uses an employee who does not have a certificate to do 
asbestos-related work; 
    (5) fails to report asbestos-related work as required by 
section 5; 
    (6) undertakes asbestos-related work for which the person 
is not qualified under department rules; or 
    (7) makes a material false statement related to a license, 
certificate, report, or other document required under sections 1 
to 13 
is guilty of a misdemeanor and may be sentenced to payment of a 
fine of not more than $700, imprisonment for not more than 30 
days, or both, for each violation.  
    Sec. 11.  [326.80] [SUSPENSIONS; REVOCATIONS.] 
    As an alternative, or in addition to, the criminal 
penalties provided in section 10, the commissioner or the 
commissioner's designee may suspend or revoke a license or 
certificate for repeated or serious violations of sections 1 to 
13 in accordance with procedures adopted by rule by the 
commissioner and the contested case procedures of chapter 14.  
    Sec. 12.  [326.81] [DISCRIMINATION; SANCTIONS.] 
    An employer who discriminates against or otherwise 
sanctions an employee who complains to or cooperates with the 
commissioner in administering sections 1 to 13 is guilty of a 
misdemeanor.  
    Sec. 13.  [326.82] [ASBESTOS ABATEMENT REVOLVING FUND.] 
    Subdivision 1.  [CREATION; APPROPRIATION.] The asbestos 
abatement revolving fund is created as a separate account in the 
state treasury.  The fund consists of the fees collected under 
section 6.  The money in the fund is continually appropriated to 
the commissioner for the purposes of sections 1 to 13. 
    Subd. 2.  [UNOBLIGATED EXCESS TRANSFERRED.] When the 
unobligated money in the asbestos abatement revolving fund 
exceeds $500,000 at the end of any fiscal year, the unobligated 
amount in excess of that amount shall be transferred to the 
general fund. 
     Sec. 14.  [APPROPRIATIONS.] 
    $23,800 is appropriated from the general fund to the 
commissioner of health for purposes of sections 1 to 13, to be 
available for the fiscal year ending June 30, 1988.  $23,800 
must be transferred from the asbestos abatement revolving fund 
to the general fund on June 30, 1989. 
    Sec. 15.  [EFFECTIVE DATES.] 
    Sections 1, 2, 5, 8, 9, and 12 to 14 are effective July 1, 
1987.  Sections 3; 4; 6, subdivisions 1 and 2; 7; 10; and 11 are 
effective on the date on which rules adopted by the commissioner 
under section 9 become effective.  Section 6, subdivisions 3 and 
4, are effective April 1, 1988. 
    Approved May 28, 1987