Michigan Compiled Laws — ASBESTOS WORKERS ACCREDITATION ACT (Act 440 of 1988)

Short title.

This act shall be known and may be cited as the "asbestos workers accreditation act".

Definitions.

As used in this act: (a) "ACBM" means asbestos-containing building material. (b) "Asbestos" means a group of naturally occurring minerals that separate into fibers, including chrysotile, amosite, crocidolite, anthophyllite asbestos, tremolite asbestos, and actinolite asbestos. (c) "Asbestos model accreditation plan" me…

Asbestos-related work in school or public and commercial buildings requiring certificate of accreditation and annual reaccreditation; applicability of section to certain asbestos work.

(1) A person shall not perform the following asbestos-related work in a school building or a public and commercial building in this state unless that person receives a certificate of accreditation and maintains annual reaccreditation through training, examination, and continuing education under this act: (a) Inspect fo…

Completion of initial training required for accreditation; length of initial training course; refresher training course required for reaccreditation.

(1) A person who seeks accreditation to perform asbestos-related work in a school building or a public and commercial building in this state is required to complete initial training under this act. This initial training shall provide education in asbestos-containing materials inspection, management plan development, an…

Certificate of accreditation; certificate of reaccreditation.

(1) A person who meets the requirements of this act and who completes the initial training and passes the examination required under section 4 shall receive a certificate of accreditation from the director in accordance with section 13. The certificate of accreditation shall authorize the person to perform asbestos-rel…

Providing initial training courses, examinations, and refresher training courses; denial, revocation, or suspension of approval.

(1) The initial training courses, examinations, refresher training courses, and certificates of successful course completion required under this act shall be provided by the department or a person approved by the department to sponsor the training and examinations and issue the certificates of successful course complet…

Accreditation as asbestos inspector, management planner, or project designer; minimum experience.

The following minimum experience is required of a person seeking accreditation as an asbestos inspector, management planner, or project designer: (a) An asbestos inspector shall possess either of the following: (i) Not less than 1 year of experience in asbestos-related work or in general building inspections related to…

Complaints of alleged violations; actions.

The department shall receive or initiate complaints of alleged violations of this act and shall take appropriate actions with respect to those alleged violations or complaints.

Investigations; grounds for denial, suspension, or revocation of certificate of accreditation or reaccreditation.

(1) The department, on its own initiative or upon the written complaint of an aggrieved party, a state agency, or political subdivision, may investigate the acts of a person accredited under this act. The department may deny, suspend, or revoke a certificate of accreditation or reaccreditation under this act under the…

Reciprocal agreements with other states.

(1) The department shall seek to obtain written reciprocal agreements with other states that have accreditation and reaccreditation requirements that equal or exceed the requirements of this act for a person who performs asbestos-related work in a school building or a public and commercial building. (2) Following the d…

(1) A person desiring to sponsor a training course or refresher training course for those disciplines required to be accredited under this act may apply for department approval on forms supplied by the department. The department shall approve a training course or a refresher training course that meets the requirements…

Training course; notice of scheduled courses; inspection; effect of noncompliance; record keeping.

(1) A training course sponsor shall submit to the department a notice of scheduled courses not less than 7 calendar days before the start of those courses, indicating starting and ending dates and times, location, and instructors. A training course sponsor shall also advise the department of cancellation of a course no…

Numbered certificate of successful course completion; issuance; contents; issuance of numbered certificate of accreditation or certificate of reaccreditation; list of persons issued certificates.

(1) The training course sponsor shall issue a numbered certificate of successful initial or refresher course completion to a student who meets the requirements of this act and who successfully completes the training and passes the training course's examination required under this act. The numbered certificate of succes…

Submission of application and annual fee; fee schedule; failure to submit annual fee; disposition of fees.

(1) A person desiring accreditation or reaccreditation from the director under section 13 shall submit to the department an application for accreditation or reaccreditation on forms provided by the department. The applicant shall include, with the application, payment of the annual fee designated in subsection (3), sub…

Failure to have certificate of accreditation or reaccreditation at job site.

A person who is accredited under this act to perform asbestos-related work in a school building or a public and commercial building shall have in his or her possession the initial and current certificate of accreditation or reaccreditation at the location where he or she is conducting asbestos-related work. A person's…

Disclosure of inspector's financial interest or relationship; performance of asbestos-related work as condition of conducting inspection prohibited; right of contractor to conduct inspection; “person” defined.

(1) An asbestos inspector who has conducted an inspection under this act shall disclose orally and in writing to the person requesting the inspection the inspector's financial interest in or financial relationship to a person who engages in the business of performing asbestos-related work. (2) A person who engages in a…

Violation; civil penalties.

A person who violates this act shall be subject to civil penalties for each violation or each day that a violation continues in accordance with the following schedule: (a) For a first violation $ 2,000.00 (b) For second violation $ 5,000.00 (c) For a third or subsequent violation $ 10,000.00

Appropriation.

The legislature shall annually appropriate to the department an amount sufficient to administer and enforce this act.