2017 ORS 468A.707¹
Asbestos abatement program
  • rules
  • contractor licensing
  • worker certification

(1) The Environmental Quality Commission by rule shall:

(a) Establish an asbestos abatement program that assures the proper and safe abatement of asbestos hazards through contractor licensing and worker training.

(b) Establish the date after which a contractor must be licensed under ORS 468A.720 (Qualifications for license) and a worker must hold a certificate under ORS 468A.730 (Worker certificate required).

(c) Establish criteria and provisions for granting an extension of time for contractor licensing and worker certification, which may consider the number of workers and the availability of accredited training courses.

(2) The program established under subsection (1) of this section shall include at least:

(a) Criteria for contractor licensing and training;

(b) Criteria for worker certification and training;

(c) Standardized training courses; and

(d) A procedure for inspecting asbestos abatement projects.

(3) In establishing the training requirements under subsections (1) and (2) of this section, the commission shall adopt different training requirements that reflect the different levels of responsibility of the contractor or worker, so that within the category of contractor, sublevels shall be separately licensed or exempted and within the category of worker, sublevels shall be separately certified or exempted. The commission shall specifically address as a separate class, those contractors and workers who perform small scale, short duration renovating and maintenance activity. As used in this subsection, “small scale, short duration renovating and maintenance activity” means a task for which the removal of asbestos is not the primary objective of the job, including but not limited to:

(a) Removal of asbestos-containing insulation on pipes;

(b) Removal of small quantities of asbestos-containing insulation on beams or above ceilings;

(c) Replacement of an asbestos-containing gasket on a valve;

(d) Installation or removal of a small section of drywall; or

(e) Installation of electrical conduits through or proximate to asbestos-containing materials.

(4) The Department of Environmental Quality, on behalf of the commission, shall consult with the Department of Consumer and Business Services and the Oregon Health Authority about proposed rules for the asbestos abatement program to assure that the rules are compatible with all other state and federal statutes and regulations related to asbestos abatement.

(5) The Department of Environmental Quality shall cooperate with the Department of Consumer and Business Services and the Oregon Health Authority to promote proper and safe asbestos abatement work practices and compliance with the provisions of ORS 279B.055 (Competitive sealed bidding) (2)(g), 279B.060 (Competitive sealed proposals) (2)(g), 279C.365 (Requirements for solicitation documents and bids and proposals) (1)(j), 468.126 (Advance notice), 468A.135 (Function of authority) and 468A.700 (Definitions for ORS 468A.700 to 468A.760) to 468A.760 (Content of bid advertisement). [1987 c.741 §4; 1993 c.18 §175; 2003 c.794 §293; 2009 c.595 §951]

(formerly 468.360 to 468.405)

Atty. Gen. Opinions

Motor Vehicle Emission Control Inspec­tion Program funding, (1974) Vol 37, p 130

1 Legislative Counsel Committee, CHAPTER 468A—Air Quality, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors468A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 468A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.