Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 288-H.F.No. 668 
                  An act relating to occupations; enacting the 
                  Industrial Hygienist and Safety Professional Title 
                  Protection Act; providing title protection to the 
                  professions of industrial hygiene and safety; 
                  proposing coding for new law as Minnesota Statutes, 
                  chapter 182A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [182A.01] [SHORT TITLE.] 
           This chapter may be cited as the Industrial Hygienist and 
        Safety Professional Title Protection Act. 
           Sec. 2.  [182A.02] [PURPOSE.] 
           The purpose of the Industrial Hygienist and Safety 
        Professional Title Protection Act is to provide legal 
        recognition to the profession of industrial hygiene and safety, 
        to assure the public that individuals representing themselves as 
        industrial hygiene and safety professionals meet minimum 
        qualifications, and to further public health and safety.  
           Sec. 3.  [182A.03] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] The definitions in this section 
        apply to this chapter. 
           Subd. 2.  [ACCREDITED COLLEGE OR UNIVERSITY.] "Accredited 
        college or university" means a college or university that is 
        accredited by one of the following regional accrediting agencies:
        Middle States Association of Schools and Colleges, New England 
        Association of Schools and Colleges, North Central Association 
        of Colleges and Schools, Northwest Association of Schools and 
        Colleges, Southern Association of Colleges and Schools, or 
        Western Association of Colleges and Schools.  A college or 
        university that is located outside the United States is 
        accredited if it is accredited by an agency within the 
        jurisdiction of the college or university that has accreditation 
        standards that are at least equal to the standards of the 
        regional accrediting agencies. 
           Subd. 3.  [AMERICAN BOARD OF INDUSTRIAL HYGIENE OR 
        ABIH.] "American Board of Industrial Hygiene" or "ABIH" is the 
        nonprofit corporation established to improve the practice and 
        educational standards of the profession of industrial hygiene by 
        certifying individuals who meet its education, experience, and 
        examination requirements. 
           Subd. 4.  [ASSOCIATE SAFETY PROFESSIONAL OR 
        ASP.] "Associate safety professional" or "ASP" is an individual 
        who has received the designation associate safety professional 
        from the Board of Certified Safety Professionals and whose 
        recognition has not lapsed or been revoked. 
           Subd. 5.  [BOARD OF CERTIFIED SAFETY PROFESSIONALS OR 
        BCSP.] "Board of Certified Safety Professionals" or "BCSP" is 
        the nonprofit corporation established to improve the practice 
        and education standards of the profession of safety by 
        certifying individuals who meet its education, experience, 
        examination, and maintenance requirements. 
           Subd. 6.  [CERTIFIED INDUSTRIAL HYGIENIST OR 
        CIH.] "Certified industrial hygienist" or "CIH" is an individual 
        who has received the designation certified industrial hygienist 
        from the American Board of Industrial Hygiene and whose 
        certification has not lapsed or been revoked. 
           Subd. 7.  [CERTIFIED SAFETY PROFESSIONAL OR 
        CSP.] "Certified safety professional" or "CSP" is an individual 
        who has received the designation certified safety professional 
        from the Board of Certified Safety Professionals and whose 
        certification has not lapsed or been revoked. 
           Subd. 8.  [CONSTRUCTION HEALTH AND SAFETY TECHNOLOGIST OR 
        CHST.] "Construction health and safety technologist" or "CHST" 
        is an individual who has been designated a construction health 
        and safety technologist through joint certification by the 
        American Board of Industrial Hygiene and the Board of Certified 
        Safety Professionals and whose certification has not lapsed or 
        been revoked. 
           Subd. 9.  [INDUSTRIAL HYGIENE.] "Industrial hygiene" means 
        the science and art devoted to control of those environmental 
        factors and stresses arising in or from the workplace that may 
        cause sickness, impaired health and well-being, or significant 
        discomfort and inefficiency among workers and the general 
        community. 
           Subd. 10.  [INDUSTRIAL HYGIENIST IN TRAINING OR 
        IHIT.] "Industrial hygienist in training" or "IHIT" means an 
        individual who has been designated industrial hygienist in 
        training by the American Board of Industrial Hygiene whose 
        designation has not lapsed or been revoked. 
           Subd. 11.  [OCCUPATIONAL HEALTH AND SAFETY TECHNOLOGIST OR 
        OHST.] "Occupational health and safety technologist" or "OHST" 
        means an individual who has been designated an occupational 
        health and safety technologist through joint certification by 
        the American Board of Industrial Hygiene and the Board of 
        Certified Safety Professionals and whose certification has not 
        lapsed or been revoked. 
           Subd. 12.  [SAFETY PROFESSION.] "Safety profession" means 
        the science and art of hazard controls. 
           Sec. 4.  [182A.04] [USE OF TITLE; INITIALS LIMITED.] 
           Subdivision 1.  [PROHIBITION.] (a) A person may not use the 
        title industrial hygienist in training, or the initials IHIT, or 
        represent to the public that the person is an industrial 
        hygienist in training, unless the person is an industrial 
        hygienist in training as defined in section 182A.03. 
           (b) A person may not use the title certified industrial 
        hygienist, or the initials CIH, or represent to the public that 
        the person is a certified industrial hygienist, unless the 
        person is a certified industrial hygienist as defined in section 
        182A.03.  
           (c) A person may not use the title certified safety 
        professional, or the initials CSP, or represent to the public 
        that the person is a certified safety professional, unless the 
        person is a certified safety professional as defined in section 
        182A.03. 
           (d) A person may not use the title associate safety 
        professional, or the initials ASP, or represent to the public 
        that the person is an associate safety professional, unless the 
        person is an associate safety professional as defined in section 
        182A.03. 
           (e) A person may not use the title construction health and 
        safety technologist, or the initials CHST, or represent to the 
        public that the person is a construction health and safety 
        technologist, unless the person is a construction health and 
        safety technologist as defined in section 182A.03. 
           Subd. 2.  [EXCEPTIONS.] Subdivision 1 does not apply to: 
           (1) an individual employed as an apprentice under the 
        supervision of a certified industrial hygienist, certified 
        safety professional, associate safety professional, construction 
        health and safety technologist, or occupational health and 
        safety technologist; 
           (2) a student of industrial hygiene or safety engaging in 
        supervised activities related to industrial hygiene or safety; 
           (3) a person engaged in activities permitted under a state 
        or local license who does not use the title or initials of, or 
        represent to the public that the person is an industrial 
        hygienist in training, certified industrial hygienist, certified 
        safety professional, associate safety professional, construction 
        health and safety technologist, or occupational health and 
        safety technologist; or 
           (4) a person practicing industrial hygiene or safety, who 
        does not use the title or initials of, or represent to the 
        public that the person is an industrial hygienist in training, 
        certified industrial hygienist, certified safety professional, 
        associate safety professional, construction health and safety 
        technologist, or occupational health and safety technologist. 
           Sec. 5.  [182A.05] [ENFORCEMENT; REMEDIES.] 
           A violation of section 182A.04 is an unlawful practice 
        under section 325F.69.  A person who violates section 182A.04 is 
        subject to the remedies provided in sections 325F.68 to 325F.70. 
           Presented to the governor March 16, 1998 
           Signed by the governor March 18, 1998, 11:25 a.m.