PA 17-66—sSB 937

Public Health Committee

AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING LEAD PREVENTION INITIATIVES AND ASBESTOS TRAINING

SUMMARY: This act makes various changes affecting certification of certain lead abatement and asbestos professionals.

Starting October 1, 2017, it requires the Department of Public Health (DPH) to certify lead training providers and asbestos training providers. Existing law requires approval of training programs but not certification of the providers themselves.

The act conforms to existing practice by replacing statutory references to “lead consultant” with references to “lead inspector,” “lead inspector risk assessor,” and “lead planner-project designer.” DPH regulations already require applicants for certification as lead consultants to apply for certification under one of these three disciplines (Conn. Agencies Reg. 20-478-2).

Among other things, the act also:

1. adds a statutory definition of “lead inspector risk assessor;”

2. makes changes to DPH's authority to adopt regulations on certain examination requirements, consistent with existing practice; and

3. makes several minor, technical, and conforming changes.

EFFECTIVE DATE: July 1, 2017

CERTIFICATION REQUIREMENTS

Starting October 1, 2017, the act requires DPH certification for lead training providers and asbestos training providers ( 2 & 9).

The act defines “asbestos training provider” as a person or entity that offers a training program for asbestos abatement or asbestos consultation and certifies asbestos abatement workers, asbestos abatement site supervisors, and asbestos consultants. Existing law defines lead training providers as entities that offer an approved training or refresher training course in lead abatement or lead consultation services.

Under the act, the initial application fee is $50 and the annual renewal fee is $50 for both lead and asbestos training providers.

For lead training providers, the act provides that, among other things:

1. the application must contain information on the applicant's qualifications as specified in regulations and

2. DPH can issue certificates to people (a) licensed or certified by states that have standards at least as strict as Connecticut's and (b) who are not the subject of a pending disciplinary action or an unresolved complaint.

The act specifies that no new regulatory board is created for lead training providers or asbestos training providers ( 7).

Disciplinary Actions ( 6)

The act specifies the grounds for disciplinary action against persons or entities licensed or certified under the asbestos contractor and consultant laws, including asbestos training providers. It allows DPH to take disciplinary action for:

1. a felony conviction;

2. fraud or deceit in professional practice;

3. negligent, incompetent, or wrongful professional conduct;

4. misrepresentation or concealment of a material fact in obtaining, reinstating, or renewing a license or certificate; or

5. violations of applicable laws or regulations.

By law, disciplinary actions available to DPH include, among other things, (1) revoking or suspending a credential, (2) placing the violator on probationary status, and (3) imposing a civil penalty of up to $25,000 (CGS 19a-17). The act allows the commissioner to petition Hartford Superior Court to enforce any disciplinary actions. When imposing such discipline, DPH must provide notice and an opportunity for a hearing as specified in the Uniform Administrative Procedure Act.

Existing law contains similar provisions for disciplinary actions against lead abatement professionals (CGS 20-481). Such provisions apply under the act to lead training providers.

In addition, existing law provides that anyone who knowingly violates the lead certification laws is subject to a fine of up to $5,000 per day (CGS 20-482). Under the act, this also applies to lead training providers.

1 — DEFINITIONS

The act adds a statutory definition of “lead inspector risk assessor.” It defines this as someone who:

1. performs lead inspection risk assessments to determine the presence, type, severity, and location of lead-based paint hazards, including lead hazards in paint, dust, drinking water, and soil, using on-site testing, such as x-ray fluorescence analysis with portable instruments;

2. collects samples for laboratory analysis; and

3. suggests ways to control any identified lead hazards.

Prior law defined a “lead consultant contractor” as an entity that contracts to perform lead hazard reduction consultation work using lead inspectors or lead planner-project designers. The act amends the definition by specifying that lead inspector risk assessors may also perform such work for these contractors.

2, 3, 9 & 10 — REGULATIONS

Examinations and Passing Scores ( 3(h) & 10)

The act eliminates DPH's authority to adopt regulations requiring that applicants for a “lead abatement worker” certification pass a DPH-prescribed examination. In practice, DPH does not require such an examination.

The act also requires DPH to adopt regulations setting passing scores for certification examinations for lead inspectors, lead inspector risk assessors, and lead abatement supervisors. Consistent with existing practice, it eliminates the requirement that DPH adopt regulations setting passing scores for license examinations for lead abatement contractors and lead consultant contractors ( 10).

Implementation of Certification Requirements ( 2 & 9)

The act permits DPH to adopt regulations to implement the certification of asbestos abatement and lead abatement professionals ( 2 & 9). (PA 17-146, 33 & 34, eliminates these provisions.) Existing law already requires DPH to adopt regulations on similar topics (CGS 20-440 and 20-478 ( 10 of this act)).