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
Contractors Registration/Occupational Carcinogen Control
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
I apply to DOSH what do I get from them?
An Email with this information.
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)
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 .
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.
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:
licensed contractor who holds the C-22 Asbestos Abatement
classification or the BPC §7058 .5 asbestos certification and DOSH
● 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;● A division of a state or the federal government; or
● 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.
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.
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?
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
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.
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.
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
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
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
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 ?
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?
Contractors License Guru, LLC
888-346-2247 Toll Free
Cal-State Contractors License Service
(619) 440-0369 Fax
(619) 312-4283 Cell
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.
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:
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.(2) Provide health insurance coverage to cover the entire cost of medical examinations and monitoring required by law and be insured for workers' compensation, or provide a five hundred dollar ($500) trust account for each employee engaged in asbestos-related work. The health insurance coverage may be provided through a union, association, or employer.
What Insurance do I need and when do I need it?
DOSH Registration application you will need to prove that you
have Workers Compensation
(WC) Insurance. 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. 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 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."
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
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 Garrett Lewis at 858-829-2526 GWL Insurance Services, Inc. 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?
Pilgrim, you may be in for another go at the CSLB the ASB is
only of value for bituminous roofing removal contractors, you
need a C22 if you expect to remove any other asbestos materiel
other than bituminous roofing material. The Business and
Professions code tells you that you had only ninety days to
get your ACRU DOSH registration. Today you need to have both
the C22 and your DOSH Registration.
(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?
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
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)
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?
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,
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
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?
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
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
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
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.
Consultant ",CAC, "certified industrial Hygienist ", "CIH ",
"asbestos contractors license "," DOSH ACRU ", "asbestos
removal services ", "CSLB ", "California State Contractors
License Board", CSLB, CalOSHA, "Dan Napier", 'Expert
Witness', "ACRU" ,"DOSH"
8/11/2022 ver 1 ©
Dan Napier, CIH, CSP