AN ACT Relating to department of labor and industries' authority to enact rules related to regulating asbestos training;
Summary
SB 6188 updates Washington’s asbestos worker and supervisor certification framework and narrows the Department of Labor and Industries’ rulemaking authority to rules specifically required to keep state standards at least as stringent as applicable federal asbestos laws. The bill requires the department to base rules on best available evidence, best practices, and nationally recognized industry standards, while also making them the least burdensome necessary to address safety and health hazards.
The bill also sets minimum training and testing requirements for asbestos certification. Workers must complete a four-day training course and supervisors a five-day course, with training covering asbestos removal and encapsulation, protective clothing, respirator use, disposal, air monitoring, cleaning, and decontamination. Applicants must pass an exam, and the department may require annual refresher courses. The bill preserves the department’s ability to approve training, issue reciprocal certifications for substantially similar out-of-state training, and deny, suspend, or revoke certificates for fraud, incompetence, or noncompliance, with notice and appeal rights.
Impact
The bill amends Washington statutes governing asbestos work certification and the Department of Labor and Industries’ authority under that chapter. It affects who may legally perform asbestos-related work, the training providers and certification standards they must meet, and the department’s enforcement and disciplinary procedures. It also reinforces reciprocity for out-of-state asbestos credentials and clarifies that the state’s standards must track federal requirements while remaining minimally burdensome.
Sentiment
The bill appears to have been generally supported, though not unanimously. It passed the Senate committee 5-4, then cleared the Senate floor 30-19, passed the House Labor & Workplace Standards Committee unanimously 6-0, and passed the House floor 60-32 before returning to the Senate for final passage 30-19. The vote pattern suggests broad but divided support, with stronger consensus in the House committee than on the floor votes.
Contention
The main point of contention is the scope of the Department of Labor and Industries’ rulemaking authority. Supporters appear to favor clearer, more standardized asbestos training and certification rules, while opponents likely objected to the bill’s regulatory approach, especially the requirement that rules be limited to what is specifically required and be the least burdensome possible. Another likely area of debate is whether the bill sufficiently protects worker and public safety while avoiding unnecessary administrative or training burdens on applicants and employers.