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Asbestos Issues in California The impetus to test for asbestos relates to three main areas of concern: regulatory, health & Safety, and liability, not necessarily in that order. Liability often is not strictly based on regulatory requirements or health and safety but on ownership either of real or personal property.

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ASBESTOS

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WHEN ARE ASBESTOS CONSULTANTS AND LABORATORIES USED?

California State Law in the Business and Professions Code Section 7180-7189.7 states, "It is illegal in the state of California for any person to engage in the practice of an Asbestos Consultant ... unless he or she is certified by the Division of Occupational Safety and Health." "When the building owner or operator engages the services of an Asbestos Consultant... the building owner or operator shall contract with a person who is certified by the Division of Occupational Safety and Health." "When an owner or operator contracts with art Asbestos Consultant... that Consultant shall not have any financial or proprietary interest in an Asbestos Abatement Contractor hired for the same project." Furthermore, in this same Section (7180-7189.7), an Asbestos Consultant is defined as, "any person who contracts to provide professional health and safety services relating to asbestos-containing-material as defined in... including building inspections, abatement project design, contract administration, supervision of site surveillance technicians... sample collections, preparation of asbestos management plans, and clearance air monitoring." Asbestos removers as stated by the USEPA (United States Environmental Protection Agency) are to provide the materials, equipment, and labor necessary to complete asbestos abatement work.

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