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Who Needs to Be registered with DOSH ACRU --Short answer?

 Any employer or contractor engaging in asbestos-related work by disturbing more than 100 square feet of asbestos-containing construction material (greater than 0.1 percent asbestos by weight) during the course of work at a single work site must be registered. The applicable standards are: Title 8, California Code of Regulations, Chapter 3.2, Subchapter 2, Article 2.5

What's needed is Registration with the Asbestos Contractors Registration/Occupational Carcinogen Control Unit You still must have all the requirements for asbestos work, for work less than 100 square feet. Training (4 and 5 day ASHARA), HEPA Vacuum equipment, respirators, physicals, negative air equipment and air monitoring. There are special rules for cement asbestos pipe.

When I apply to DOSH what do I get from them?

An Email with this information.

Dear Applicant:
Attached are our initial application forms and instructions. Before we can start our review the following material must be received via U.S. Postal Service:

1.Completed original hard copy application package

2.Electronic copies of your company’s application submittal in pdf format on 2 CDs (use 1 disk for your Part V Procedure Manual, and another disc for the other submittals)

3.Registration fee of $350 (check/money order/cashiers check)

4.C-22 Classification on your CSLB License

Here is a link to our website where the process is explained http://www.dir.ca.gov/dosh/ACRU/ACRUregistration.htm . When you navigate to that web page, scroll half way down the page to the heading "The Cal/OSHA Asbestos Registration Process", where you will find the process discussed in detail. The first step for a contractor is to add the ASB Certification to their contractor’s license http://www.cslb.ca.gov/contractors/New_C-22_Asbestos_Abatement_Classification.aspx .

Attention

●          Once we receive your complete application package an Acknowledgement of Receipt letter will be sent to you.

●          The minimum time period required for review of any 1st submittal is 15 business days. If you contact us before we have had 15 business days to process your submittal, we will not provide an update on the status of your application.

● Be aware that the application package and instructions have been revised. Carefully review the application and instructions prior to completing and submitting your company’s renewal application.

CLICK Here for the Application from CSLB

You go to http://acru.dnacih.com for help with all of the above, it looks easy, but it is NOT! Sign up and Get Help.

What is the Experience that the CSLB Requires for an Asbestos Contractor (C-22) ?

As with all CSLB general and specialty classifications, every applicant for the C-22 Asbestos Abatement classification must have had, within the last 10 years immediately preceding submission of the application, not less than four (4) years of experience performing asbestos abatement duties as a journeyman, foreman, supervising employee, or contractor. Experience is documented on the Certification of Work Experience form and must have been gained by working for or as any of the following:

●          A licensed contractor who holds the C-22 Asbestos Abatement classification or the BPC §7058 .5 asbestos certification and DOSH registration ;

●          A contractor who provides asbestos abatement services and is licensed in another state or federal jurisdiction;

●          A utility company operating under the laws of a state or federal regulatory agency;

●          The armed forces of the United States.

If an applicant’s experience was gained in a setting other than those described above, the applicant should submit documentation to support the experience claimed on the Certification of Work Experience form, and it will be evaluated on a case-by-case basis.Currently the CSLB is asking for copies of the employer's DOSH Employee Register for several years.  That is a form that that employer must provide to DOSH at renewal time.  It is not publicly displayed information and unless the employer cooperates it is very difficult to obtain. You may be able to obtain the form from the DOSH  asbestos contractors registration unit (ACRU), they are the only agency that collects the roster.   ACRU@dir.ca.gov

More information from the CSLB site, this is the regulation authorizing the C22 . I understand that the C22 and the infamous book "Catch 22" are not related, no matter how similar the resemblance.

My Expiration date is June 20, every year, when do I need to have my renewal application in to DOSH ACRU ?

Registration is required annually, you are responsible for registering on time, if you are late you have to start over with a NEW APPLICATION . I recommend that you have your renewal application into the ACRU on or before April 20 for a June 20 expiration date. You must submit your complete renewal at least thirty days before you expiration date, or your renewal application is considered to be late. If you submit on May 20 and have anything missing you will have submitted an incomplete package and may have to reapply for the ACRU registration. You may have to open a new application for your DOSH ACRU registration. Have your application at the DOSH ACRU at least 60 days before your expiration date. There is no penalty for early renewal registration, but a late application has significant penalties. You can send in your renewal several months early, just make certain that all the training certificates are valid on the renewal date and DOSH will issue you a new annual Certificate showing the expiration date on the day that your DOSH ACRU certificate shows. There is no penalty for an early application, early application will not cause the renewal date to change!

What are the State Fees for the DOSH Certification

The Initial fee is $350.00. The Renewal Fee is $150.00.

I heard that the CSLB Asbestos was going to change?

The new C-22 Asbestos Abatement contractor classification became effective on January 1, 2015. The CSLB changed the Asbestos certificate on the license it is now a C22 license including asbestos mitigation. The C-22 Asbestos Abatement Contractor classification operates as a stand-alone specialty contractor classification for asbestos abatement work, regardless of any other classification(s) that may be held by the licensed contractor, and functions within the scope of the contractor’s DOSH registration. I understand that anyone with an ASB will be grandfathered, but the ACRU will not automatically register those with just a current ASB on their license. Currently the CSLB treats the ASB as a temporary item, and requires the ASB holders to register with DOSH within the first three months after obtaining the ASB. This does not always happen, I have not heard of the CSLB removing the ASB from anybodies' license when they do not get their DOSH within the first ninety days. If you have a DOSH ACRU registration go to the CSLB web site and apply for the C-22. You should not be required to take the test, but you will need to show experience.

New applicants for the C-22 classification may not yet have been granted DOSH registration, but need to at least be in the process of obtaining their DOSH registration and should submit proof of such to CSLB with their application and appropriate fee. As indicated above, they will be given 90 days after the issuance of their license (or the addition of the C-22 classification) in which to submit proof to CSLB that they are currently registered with DOSH. The CSLB states the issue clearly. Here is the information directly from the CSLB web site.

CSLB shall not issue a C-22 Asbestos Abatement contractor license unless the applicant or contractor is duly registered with DOSH, pursuant to Labor Code §6501.5, or has an active application for registration in process with DOSH.

If the applicant does not yet have proof of DOSH registration, CSLB shall issue the license (provided all other requirements are met), but will require the contractor to submit to CSLB proof that he or she is duly registered with DOSH within 90 days after the C-22 Asbestos Abatement contractor license is issued or the classification is added. In such cases, no asbestos abatement work shall be performed until the contractor has submitted proof to CSLB of his or her DOSH registration.

If a contractor fails to provide proof of current registration with DOSH, as required, the license shall be automatically suspended or the C-22 classification will be removed at the end of the 90 days.

More info at: http://www.cslb.ca.gov/contractors/New_C-22_Asbestos_Abatement_Classification.aspx

You can get help with the CSLB Licensing process call Eric Crandall 800-454-2776 he has a site at http://www.licenses4contractors.com he has extensive experience and is good for many other state license issues. Call him, I guarantee you will be glad you did! he is located at 340 Vernon Way, Ste. C, El Cajon, CA 92020

How do I get an application from California DOSH ?

Call (916) 574-2993 and ask them to send you an application or you can email DOSH and get an application. You can go to the DOSH ACRU web site for more information, but you have to call on the phone or email to get the application. If you get a recording because everybody is busy or it is late at night, just leave your name and address and request an application. Do not waste any time explaining your life history or other unrelated stuff, the record time is long enough to leave your name and address. Say it clearly, slowly and repeat the information so that it is easy to write it down. DOSH now sends out the applications in an email. When you sign up with me, I give you access to the forms that can be filled in and can be saved. You can see the sample applications here , if you have registered with Dan Napier, CIH for help with your CRU Appliaction, but only after you have asked for a complete package from the ACRU . By the way the applications here are easier to use because you can fill them in online, save them on your computer and print or email them later. I did that because my customers are special people and they deserve the best and easiest way to get through the process.

How long does it take to get the DOSH Registration?

How long is a cat's tail? It depends, but most of the time it will take several months at best. If you have past problems or other issues you may be delayed for a long long time. We can get the application booklet and completed questionnaire back to you within a few days, but some of the items that you need to provide may take you more time. You will get the task list that comes with your completed application booklet and get started now. It is a step by step guide to the application process, with examples and other helpful information. The folks at the ACRU are very busy and have a significant number of tasks on their plates. Getting your DOSH Application as close to perfect before you send it in is the best way to get your DOSH approval.

 Can I hire someone to help me with the DOSH ACRU Application?

Yes, without help this process is very difficult. The person who does your work must be at a legal minimum a California Certified Asbestos Consultant (CAC). Select a competent company that has significant OSHA and AQMD (EPA) experience, a CIH who is a CAC is a good start. We have provided our services to more DOSH ACRU approved Contractors than anyone else. We have the best rate of approval. Our DOSH ACRU Policy & Procedures (SOP) are written specifically for each client. Your SOP is the most compact and condensed in the market. It is easy to understand and easy to administer. By agreement and copyright law Part V is not transferable. Some companies have approached us to write the DOSH ACRU Part V for their clients and then they want to resell the package. We do not provide our services to resellers, the Part V is just a small part of our registration services. We will stay with you and help you all the way through the process.

Can I get an OSHA Citation if I don't follow the P&P that I submit to DOSH to get registered?

A citation for simply not following the written policies could not be sustained.  However, if a violative condition was found that was a result of  not following the Policy & Procedure Manual that you provided to DOSH.  For example if you did not have a  supervisor who is an AHERA Certified Supervisor/Competent Person, the classification of the citation and monetary penalty could be increased because you did not follow the procedure manual and that contributed to or caused the violative condition to occur or increased the severity of an injury.

OK, but who says I have to have a Certified Supervisor/Competent Person onsite all the time anyway?

The Federal Code 763 Subpart E APPENDIX C  clearly states that “At least one supervisor is required to be at the work site at all times while response actions are being conducted…..”  (page 819).  That rule is enforced by the local air quality folks.  So each Local Air Quality Agency has jurisdiction.  Their basic fine limit is $250,000.00 per day, and the statute of limitations runs for three years after they know about the incident.   Southern California Air Quality District (SCAQMD) rule 1403 (G)  has the rule about a minimum of one AHERA Certified Supervisor/Competent Person on site during all remediation work,

Who can fill in the questionnaire that is part of the DOSH Application ?

The person who prepares your DOSH application should fill in the questionnaire. We always fill in the questionnaire for our clients. If you do not fill in the questionnaire yourself the person who does must be a CAC.

Do I need a special certificate on my California Contractor's license?
Not anymore, after January 1, 2015 the ASB went away for most Contractors, Roofers are the only contractors that do not need the C22 to get a DOSH registration.

 What License do I need to be able to remove Asbestos?

I can recommend:

Phil Cocciante
Contractors License Guru, LLC
916-217-1852 Cell/Text
888-346-2247 Toll Free
916-290-0788 Fax

Eric Crandall
Cal-State Contractors License Service
(619) 440-2122
(800) 454-2776
(619) 440-0369 Fax
(619) 312-4283 Cell

Nick Forchette

National Contractor License Agency

Other States, Washington, Nevada etc
Direct Dial (651) 348-8218
(651) 340-3233 x107 Office
(651) 340-3234 Fax
(651) 248-8137 Cell
 
Why do I have to have a Trust Account to do Asbestos work?

Well you do not need a bank administered "Trust Account" in the strictest terms. You do need to have an account that is solely for the purpose of maintaining a balance for the use of providing workers with physical examinations and make a statement that you will be responsible to manage the account. You need to do two things. Fill in the DOSH Form whereby you promise to use the account only for the purpose of providing medical examinations to workers exposed to asbestos. (A self administered Trust Account) And you need to have a savings/checking account at a Bank or Credit Union. You can use a certificate of deposit if you think you will not need to add workers. The requirements are found in the Labor Code Section 6501.5.

6501.5. Effective January 1, 1987, any employer or contractor who engages in asbestos-related work, as defined in Section 6501.8, and which involves 100 square feet or more of surface area of asbestos-containing material, shall register with the division. The division may grant registration based on a determination that the employer has demonstrated evidence that the conditions, practices, means, methods, operations, or processes used, or proposed to be used, will provide a safe and healthful place of employment. This section is not intended to supersede existing laws and regulations under Title 8, California Administrative Code, Section 5208.

 An application for registration shall contain such information and attachments, given under penalty of perjury, as the division may deem necessary to evaluate the safety and health of the proposed employment or place of employment. It shall include, but not be limited to, all of the following:

 (a) Every employer shall meet each of the following criteria:

(1) If the employer is a contractor, the contractor shall be certified pursuant to Section 7058.5 of the Business and Professions Code.

What Insurance do I need and when do I need it?

For DOSH Registration application you will need to prove that you have Workers Compensation (WC) Insurance.  Please click on the link for my recommendation for a Broker who can GETERDONE.  When you apply, you will need to prove that you have workers compensation insurance. You do not need to have coverage that specifically covers asbestos work when you apply. Follow these steps carefully.  First: Get a Workers Compensation Policy that covers office workers.  Second:When DOSH first gets your application they will send you a letter telling you that the application is in process.  Third: Have your broker send the Carrier a copy of the letter from DOSH.  The Carrier will then bind coverage for you based on you getting the registration.  However before you get your registration number you will need to prove that you have Asbestos Coverage. You may need to put a letter in the application explaining that you need an "Agency Date Stamped" copy of the first page of your application to give to the WC Carrier so they will bind coverage for asbestos work. Some Carriers (SCIF)  accept the letter that DOSH sends you when your application has been accepted, but some will not. Most WC Carriers will not give you coverage for asbestos work unless you have a DOSH Registration , and of course DOSH will not register you until you have WC Coverage! Do not worry, working together we can solve the problem. This is a good example of " We do difficult tasks all the time, but the impossible usually takes longer."

Information for your Insurance Broker.

********************************************************
The broker must provide Proof Workers Compensation Insurance by providing a thirty day notice of cancellation Accord (25) and  a Policy or Binder of Policy from the Carrier showing:
The Policy or Declaration sheet with Asbestos Indicated as a covered activity the Declaration Sheet or Policy must show "ASBESTOS ABATEMENT - all operations - including shop 5473" or "Asbestos Roof Removal operations separately classified as 5552, Roofing, or 5553, Roofing , New construction separately classified."

You must have the Insurance Company send DOSH the "Proof of Coverage with 30 Day Notice of Cancellation" Accord (25) to:

Department of Industrial Relations
Asbestos Contractor Registration Unit
1750 Howe Avenue, Suite 460
Sacramento, CA 95825-3367

(916) 574-2993 Office
Email acru@dir.ca.gov

You will need a copy of the Proof of Coverage to include with your application, but the Insurance Company, not your Broker, must send the Proof of Coverage Accord (25) directly to DOSH .

I need a to buy Insurance and my broker says it is impossible to find coverage, how do I find a company that will help me?

Call "Woody" Kevin Woodwick at  Environmental Brokers. Office (800) 257-1639--Cell (916) 835-0900,  1037 Suncast Lane, Suite 103, El Dorado Hills, CA 95762.  The best action to take is to find a Broker that you like, who understands your work and stick with them, but always let them know you may select a new broker if they do not always get you the best rates. They get commission on your insurance premium amount, so bear in mind the following axiom. "The General Contractor with a time and materials contract knows that 10% of 1000.00 is better than 10% of 200.00." Or the more a "Sub" charges the more you make. OK is your Broker still listening? Good--Find a broker smart enough to just sell you what you need and not bury you with high cost coverage so he can make bigger commissions, but dumb enough to not to bury you with the worst deals from the Carriers.

How many AHERA/ASHARA trained Workers or Supervisors do I need when I apply?

You need one person who has a current California Approved Competent Person Certification or an (Asbestos Supervisor). If you are a large company, I recommend that you submit no more than two Supervisors and three laborers. When you are DOSH Approved it is very easy to add more people, but during the application process submitting say one hundred workers would slow you down. If you are small, start small and grow slowly. If you show that you have one or two supervisors and one or two laborers you will not raise any questions about your proposed workforce. It is best to think of the asbestos supervisor/competent persons as your lead people. Sometimes the word Supervisor in the job description for asbestos supervisor/competent person causes confusion. You must have a asbestos supervisor/competent person present at all times during any asbestos remediation project, there is no exception. The requirement is in 40CFR 763 Subparagraph E Appendix C, 2 Contractor/Supervisor.  The asbestos supervisor/competent person class is a separate class that is one day longer than the worker course, you are well advised to send as many people to the asbestos supervisor/competent person course as you can so you will have the most flexible work force. Most construction supervisors often leave the job site to arrange for sub-contractors, obtain supplies and equipment, if you only certify your supervisors they will be required to be on the site at all times during asbestos work. It is best to focus on the Competent Person part of the asbestos supervisor/competent person title.

I have the ASB Certification on my License, can I advertise for Asbestos Removal Services?

No you cannot unless you have your DOSH/ACRU registration number. Both your CSLB and DOSH/ACRU numbers must be on all advertisements. The Business and Profession Code 7099.11 . says (a) No person shall advertise, as that term is defined in Section 7027.1, to promote his or her services for the removal of asbestos unless he or she is certified to engage in asbestos-related work pursuant to Section 7058.5, and registered for that purpose pursuant to Section 6501.5 of the Labor Code. Each advertisement shall include that person's certification and registration numbers and shall use the same name under which that person is certified and registered. If you jump the gun, your application could be delayed or denied, besides you will not know what your number is until you get the number.

I got the "ASB " for my license years ago, but I have never followed through with the ACRU , what do I need to do now?

7058.6. (a) The board shall not issue an asbestos certification, as required by Section 7058.5, unless the contractor is registered with the Division of Occupational Safety and Health of the Department of Industrial Relations pursuant to Section 6501.5 of the Labor Code. The board may issue an asbestos certification to a contractor who is not registered, provided the contractor in a written statement acknowledges that he or she does not perform asbestos-related work. The board shall notify both the division and the contractor, in writing, of the contractor's passage of the certification examination, for the purpose of allowing the contractor to satisfy the requirement of paragraph (1) of subdivision (a) of Section 6501.5 of the Labor Code. The contractor shall register with the division within 90 days from the date the contractor is notified of the passage of the certification examination. The board may require a reexamination if the contractor fails to register within 90 days following issuance of the notification. Applicable test fees shall be paid for any reexamination required under this section. (b) Any contractor who is certified to engage in asbestos-related work shall present proof of current registration with the division pursuant to Section 6501.5 of the Labor Code upon application for renewal of his or her license, if the contractor engages in asbestos-related work, as defined in Section 6501.8 of the Labor Code. (c) A contractor who is not certified pursuant to this section may bid on and contract to perform a project involving asbestos-related work as long as the asbestos-related work is performed by a contractor who is certified and registered pursuant to this section and Section 6501.5 of the Labor Code. (d) The board shall obtain and periodically update the list of contractors certified to engage in asbestos-related work who are registered pursuant to Section 6501.5 of the Labor Code.

So if you have the ASB on your license, get your running shoes on and get started

 Somebody said the CSLB Asbestos test was easy

Perhaps, but the test has been recently evaluated. You need to know and understand the OSHA rules and the EPA disposal rules. You are well advised to take the Asbestos Supervisor Competent Person Class. It should be a California Approved AHERA/ ASHARA course. You should take the courses offered by your local AQMD or APCD. Lastly you should know and understand the Standard Operating Procedures that you have for your company. That's the Part Five (Part V) section that we write for you

I have been registered for a long time, but this year at renewal, DOSH ACRU asked me to do a whole new application. What's up with that?

Well it could be about you, if you had a run in with OSHA or a Local AQMD, APCD (EPA) agency. But most likely it is not about you! DOSH always asks you to affirm that you have kept your SOP up to date, and on every renewal you have signed a statement that you have kept your SOP up to date. In 2008 they got serious about checking for the update. We will provide an up to date SOP and fill in the questionnaire for you. Just fax or send in the form and we will usually have the documents in the mail to you within the next three business days.

I am a Demolition Contractor, and I only want to demolish buildings with less than one percent asbestos. Do I have to register with DOSH ACRU ?

The short answer is YES. There are three basic DOSH ACRU permitted situations, Asbestos Removal Contractor, Bituminous Roofing Contractor and Pipeline Contractor. You fit in the first category. OSHA regulates anything more than 0.1 % asbestos by weight. You will need to submit an application that covers all aspects of asbestos removal, then it is your choice that you only do demolition of structures with less than one percent asbestos containing building material. Remember that you must qualify with the local Air Quality Management District rules, so check those rules. Often they are stricter than the DOSH rules.

I am a cleanup contractor with a DOSH ACRU registration. Do I need to have the underlying licenses to perform work such as roof removal, or interior demolition?

It is beyond the scope of the authority of Cal/OSHA to determine CSLB licensing questions, so DOSH can not answer the question. After visiting the CSLB website and reviewing their classification descriptions, I understand your confusion. However, it is the responsibility of the contractor to discover and abide by the CSLB licensing rules. DOSH ACRU registers contractors to perform asbestos-related work, and if special licensing is required by the CSLB to perform specific tasks such as roofing material "tear-off", then the contractor must obtain the proper Class (C39) before performing such work. You must hold the C22 license to Contract the removal of asbestos. If you are cleaning up a site that has buried asbestos material you would need to have a General 1 A Engineering license as well as your DOSH/ACRU registration. The C22 license is the way to clarify the asbestos situation, but you still must hold the underlying license in many cases. After January 2015 only holders of the C22 can remove asbestos. The exception is of course the Pipeline Contractors who only modify ac pipe and roofers who only remove bituminous roofing material.

I am a pipeline contractor, and I only want to remove cement asbestos pipe. What are the rules for me?

The regulations at 1529 state : (Hint, go to the bottom and scroll up)

 "Asbestos-related work" means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos. Asbestos-related work does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings if the work operations do not result in employee exposures to asbestos in excess of 0.1 fibers per cubic centimeter of air (f/cc) as an 8- hour time-weighted average and the employees and supervisors involved in the work operations are trained and certified by an asbestos cement pipe training program which is approved by the Division. Yes you can do pipeline work (as defined above) without a DOSH or ASB on your license, but there are still some rules that you must follow. You need to have one " Competent Person "on the job (at all times), the laborers need to have completed the State Approved training course (four hours), you need to have a Policy and Procedure manual specifically for handling cement pipe (No saw cutting etc.....), you need to do air monitoring to establish that you are doing the job correctly, you need to check with the local agencies for permits (AQMD, APCD, Local City Permits etc.), and you need to notify DOSH that you are using a carcinogen (The Temporary Job Notice).

 
As the Owner, do I need to be AHERA/ASHARA Certified as a Competent Person?

After January 2015 you must have completed your AHERA Training as a competent Person/Contractor Supervisor. Competent Person Certification. Other States require that the company owner have an AHERA Certification and that the certification is current. DOSH does not have the requirement, the CSLB does, see the regulation authorizing the C22 . for more information. The code says All holders of the C-22 ““ asbestos abatement contractor classification shall have completed DOSH registration training requirements, as contained in Title 8, California Code of Regulations, Section 1529.

We do not have anybody with the C22 certification, can we just add somebody with only that certification?

 The person who has the C22 certification with the CSLB must be the holder of the license, If Harney Gohard is the C22 RME then Harney has to have taken and passed the C22 test or grandfathered by experience. This is obsolete information, but still here for clarification. After January 2015, you need to have a C22 license.

If I want to hire a Friendly CAC so he can do Survey work and I get the Asbestos Removal jobs, is there a problem with that?
The California Business and Professions Code Section 7187, excerpted below, applies to the situation you describe-

When a building owner or operator contracts with an asbestos consultant or site surveillance technician for performance of the activities described in Sections 7181 and 7182, that asbestos consultant or site surveillance technician shall not have any financial or proprietary interest in an asbestos abatement contractor hired for the same project. It is the intent of the Legislature in enacting this section to make certain that the asbestos-related work performed by a consultant, including, but not limited to, clearance air monitoring, project design, and contract administration, is performed in a manner which provides for independent professional judgment undertaken without consideration of the financial or beneficial interest of the contractor.  If the contractor hires the CAC directly, that contractual relationship could be construed as establishing a financial interest, albeit temporary.  Without regard to the party who hired the CAC, the CAC must conduct perform their asbestos consulting activities 'in a manner which provides for independent professional judgment'.  To act otherwise could be considered an act of negligence, and lead to the loss of certification.


If I am an ACRU Registered Asbestos Removal Contractor and a CAC can I perform as a CAC on work that I have subcontracted to another DOSH Asbestos Removal Contractor?

If I understand the situation correctly, and the CAC is an owner or employee of the contractor subcontracting work to a registered asbestos contractor, it would seem that the contractual relationship between the General contractor and the asbestos subcontractor would constitute a financial interest between the 2 entities, and the conflict of interest prohibitions in the Business and Professions (B&P) Code Section 7187 would apply. Of course, the normal "oversight" that a General Contractor exercises over a Subcontractor to ensure proper performance and completion of the scope of work would not be affected, as it would not include activities such as clearance monitoring air monitoring or advising the sub in the event of an asbestos spill or other asbestos related incident.

Does my Corporation protect me from civil claims and criminal liability?

There is no protection from either criminal or civil liability because you have a corporation. From a liability standpoint you are better served to pay for higher levels of insurance. You can be charged with criminal conduct for environmental crimes both as an individual and as an officer of the corporation. If you are sued for civil liability both the individual and the corporation are named. As far as criminal liability the corporation offers you no refuge what so ever, in fact a corporation often pays more in fines than a sole owner would. There are good reasons to form a Corporation, but you really need to speak with an unbiased expert. If you want to incorporate call 310-376-7873 and Margaret Norman Attorney at Law will be glad to handle the incorporation filings and the newspaper publications etc for you at for very reasonable fee.

What if I want to have a Nevada Corporation?

OK, you can do that, but you will still need to either Register your Foreign Corporation or incorporate in California, if you want to have a California Contractors license. Either one costs the same and has the same tax consequences. Anything about liability still goes for a Nevada Corporation.

This California stuff is interesting, but I need an Asbestos Policy and Procedure Manual for another State, you got that? Nevada, Oregon, New York, Massachusetts or Washington for example?

To quote a famous politician "You Bethcha" DNA has been providing SOPs for companies in most states working with many different dangerous or hazardous materials. Most likely we have something already completed or at least only moments away. Call Dan Napier, CIH at 800-644-1924 Extension 103 The phone answers 24/7 and sends Dan an Email that you have called. He will return the call when you leave your name and number.

What happens when You change from a Sole Owner or a Partnership to a Corporation?

 The DOSH registration is not a transferable asset. It has to do with the ownership of the entity. Registrants must send the DOSH ACRU a "letter of intent" explaining what you intend to do. DOSH ACRU will then research the particulars of your business entity and advise you as to whether your idea is possible, or if a new initial application must be filed.

Does a Corporation have a better credit rating than the owners of the Corporation?

Do you think Banks, Bonding Companies and Suppliers are really that dumb? Your credit rating is one of the most important items that you have. When you apply for credit for your Corporation, you have to provide your credit information and usually you have to provide your personal guarantee, that if the Corporation does not pay the bills you will.

I really hate the paperwork and filings, what can I do?

If you are a really great craftsman work for someone who can do the paperwork. Most people get into trouble with the CSLB , OSHA or Clients simply because they did not do the paperwork. Just like your Credit Rating, your ability to do the paperwork is key to your success. Most Contractors fail, and it is usually because of cash or paperwork problems. When you start up your Company have someone who is a computer whiz and who loves to do the paperwork. Be ready and able to pay them because they will be the backbone of your company. All you need is a good word processor and a good book keeping program, nothing fancy or expensive.

Can I apply first as a sole owner and then change at the last minute to a corporation?

In short if you want a corporation, get licensed as a corporation then apply for the DOSH from the ACRU, otherwise just get the DOSH ACRU approval for your current company. You will not have any advantage if you are already approved by DOSH when you apply as a corporation. And you would not be able to switch just before you start up, because you would need to stop one application and start another. You can arrange for your Workers compensation to start when you apply for the DOSH. You will not need liability insurance for the DOSH ACRU approval. You will not need to have staff when you apply for your DOSH Approval, but you will need to have equipment, Workers Compensation Insurance and a Medical Monitoring Fund.

Should I buy an asbestos removal company?

The DOSH ACRU approval is not a transferable asset. Purchasing a company may include assuming some liability that is not readily apparent. You must file a letter of intent to DOSH ACRU and then they will advise you if you need to file a new initial application at the sale or purchase of your company. Have your attorney and your CIH advise you before you buy an asbestos removal company.

I took my AHERA training in another state, can I get my DOSH ACRU anyway?

Only if the training provider was licensed in California when you took the class. You can take the refresher class at ESTP in Sacramento or there is a list of training providers in the application package. I teach classes for ESTP and I am able to teach your class at your facility. ESTP has other instructors who will teach at your facility.

I want to teach the refresher classes myself, what do I need?

You will need to be certified by Cal OSHA to teach asbestos classes. You will have a conflict of interest, and will face close scrutiny. You should review all the information on this page . You will need to pay for the course application, qualify to teach the classes, schedule the classes, get approval to teach the classes, pay for each individual certificate that you issue, and then send a list of the people who attended your classes to DOSH. Your best bet is to have ESTP teach the classes for you.

In spite of the source or status of the information, that information is incorrect. You must have an ASB certification on your roofing license. The roofing only license pertains only to bituminous roofing products. If you want to remove "Transite" Concrete asbestos containing panels or other asbestos containing building materials (ACBM) you must hold a regular DOSH Registration and have the C22 from the CSLB.

Do I need a special class for my Roofing Workers?

Yes in 1999, during the last century, CalOSHA completed the legislation for the approval of a roofer asbestos class . The old asbestos awareness or O&M Classes are no longer valid for roofers. The roofer class is a one day course and expires after one year. The refresher is a half day course, and must be taken every year.

My Company had some OSHA or AQMD Citations, will this affect my DOSH Registration?

You will need to be able to show that you will not do the same thing again, and to show that you have made changes in your operations. You may need to have a SOP that outlines specific extra steps that would prevent the same thing from happening again. Your DOSH ACRU registration is an approval, not a license. An approval is just that and it is given to Contractors that can show that they can do the work correctly. If you have had citations be certain that you have experienced professional help when you apply for your DOSH ACRU.

What if I forget to mention past problems?

Making a false statement on your application is against the law and would prevent you from obtaining a DOSH ACRU approval. Any violation of the law could cause problems for you when you apply for the DOSH ACRU application. Be prepared to discuss any and all past history with the person who assists you, their professionalism will help you correct your procedures and help you get registered. We have helped many people and organizations with a varieties of problems or issues to get their DOSH approval. Finding solutions to problems always starts with the truth and goes on with more responsibility. Every problem has a solution.

I want to copy a friends Part V and save some time and money?

That is a good friend, the Part V is a valuable asset. Before you copy a document make certain that the document is not protected by Copyright Law. Again you can endanger your ability to get the DOSH ACRU approval if you are found to be in violation of copyright law.

Where can I dispose of my Hazardous Waste?

That is a very good question. Each Agency AQMD, APCD has different regulations, each community has different rules. Your CIH will be able to help you, and is often a good source of the best and least costly disposal method. Call Sean Kelly (909)963-8265 at ECTI tell him that Dan Napier, CIH suggested that you call him.

I want to Test for Asbestos as a service for my Customers

California Business and Professions Code specifically states 7180(e). No licensed contractor or asbestos abatement contractor may provide professional health and safety services or perform any asbestos risk assessment. Only a licensed California Asbestos Consultant (CAC) or a Certified Site Surveillance Technician (CSST) working under the direction of a CAC can collect asbestos samples or as the law says perform any asbestos risk assessment. There is an exception, if a contractor has completed the AHERA/ASHARA Building Inspector Course and has taken the annual refreshers the contractor can collect up to ten samples as long as they do not disclose to anyone else what the results were. If they find asbestos the only thing that they can do with that information is to tell the building owner that they MUST hire a CAC to do additional testing. So if you collect asbestos samples and you are not a CSST or a CAC you cannot tell anyone what the results were, and you could not remove any asbestos found by your own survey work anyway. The customer must hire a CAC or CSST and rely on their report. If you pay a CAC or CSST to conduct testing and you subsequently remove the asbestos, you have a financial relationship with the CAC or CSST and that is against the law.

OK, what kind of asbestos testing can I do as a Contractor?

The only testing that you can do, you must do. You must do daily personal air monitoring whenever you work with asbestos building material. You are obligated to post those results where the workers can see them. You must have completed training for air monitoring, usually as part of your AHERA Training. You cannot do "area sampling", you can test the area at the exhaust of your HEPA filters for leaks. You cannot do final or clearance monitoring, or other monitoring to post or otherwise make available to other trades or the property owner. The property owner must hire the CAC to conduct final clearance monitoring and site area testing. A CSST working for a CAC cannot do clearance testing, they can help, but a CAC must be present and constructively conduct the clearance testing.

Disclaimers: The usual disclaimer that not everything you read is always correct applies to the above information. The opinions posted here are well thought out and well constructed, however if you have different opinions or interpretations of the code you most likely are correct in your own mind. You are perfectly welcome to have those opinions and make those interpretations. Any errors are purely unintentional, do not rely solely on these questions and answers. Always be skeptical and know that most of the time everybody is wrong about most of the opinions or interpretations that they are espousing. The best test is the "spouse test". Just ask your spouse if they think you are correct--They will tell you, and you can take that to the Bank.

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Dan Napier 12/6/2023 ver 1.0023 ©
Dan Napier, CIH, CSP