DOSH ACRU Frequently Asked Questions, by Dan Napier, CIH 800-644-1924

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How do I get an application from DOSH?
Call 510-286-7008 and ask them to send you an application. You can go to the DOSH ACRU web site for more information, but you have to call on the phone to get the application. If you get a recording because everybody is busy or it is late at night, just leave your name and address and request an application. Do not waste any time explaining your life history or other unrelated stuff, the record time is long enough to leave your name and address. Say it clearly, slowly and repeat the information so that it is easy to write it down.

I have been registered for a long time, but this year at renewal, DOSH asked me to do a whole new application. What’s up with that?

Well it could be about you, if you had a run in with OSHA or a Local AQMD, APCD (EPA) agency. But most likely it is not about you! DOSH always asks you to affirm that you have kept your SOP up to date, and on every renewal you have signed a statement that you have kept your SOP up to date. This year they got serious about checking for the update. We will provide an up to date SOP and fill in the questionnaire for you. Just fax or send in the form and we will have the documents back to you within the next three business days.

How long does it take to get the DOSH Registration?
How long is a cat’s tail? It depends, but most of the time it will take several months at best. If you have past problems or other issues you may be delayed for a long long time. We can get the application booklet and completed questionnaire back to you within a few days, but some of the items that you need to provide may take you more time. Take a look at the task list that comes with your completed application booklet and get started now. The folks at the ACRU are very busy and have a significant number of tasks on their plates. Getting your DOSH Application as close to perfect before you send it in is the best way to get your DOSH approval.

Can I hire someone to help me with the DOSH ACRU Application?
Yes, without help this process is very difficult. The person who does your work must be at a legal minimum a California Certified Asbestos Consultant (CAC). Select a competent company that has significant OSHA and AQMD (EPA) experience, a CIH who is a CAC is a good start. We have provided our services to more DOSH ACRU approved Contractors than anyone else. We have the best rate of approval. Our DOSH ACRU Policy & Procedures (SOP) are written specifically for each client. Your SOP is the most compact and condensed in the market. It is easy to understand and easy to administer. By agreement and copyright law Part V is not transferrable. Some companies have approached us to write the DOSH ACRU Part V for their clients and then they want to resell the package. We do not provide our services to resellers, we like working for you.

Who can fill in the questionnaire that is part of the DOSH Application?

The person who prepares your DOSH application should fill in the questionnaire. We always fill in the questionnaire for our clients. If you do not fill in the questionnaire yourself the person who does must be a CAC.

Do I need a special certificate on my California Contractor's license?
Yes, you need to apply for an asbestos certificate. Here is the link to the Asbestos license application at the CSLB . There is a fee for the certificate ASB will be added to your license. There is a written test. Then you must register with the DOSH ACRU. Check here for who, how and why .

I have the ASB Certification on my License, can I advertise?
No you cannot unless you have your DOSH/ACRU registration number. Both your CSLB and DOSH/ACRU numbers must be on all advertisements. The Business and Profession Code 7099.11 . says (a) No person shall advertise, as that term is defined in Section 7027.1, to promote his or her services for the removal of asbestos unless he or she is certified to engage in asbestos-related work pursuant to Section 7058.5, and registered for that purpose pursuant to Section 6501.5 of the Labor Code. Each advertisement shall include that person's certification and registration numbers and shall use the same name under which that person is certified and registered. If you jump the gun, your application could be delayed or denied, besides you will not know what your number is until you get the number.

Somebody said the CSLB Asbestos test was easy?
Perhaps, but the test has been recently evaluated. You need to know and understand the OSHA rules and the EPA disposal rules. You are well advised to take the Asbestos Supervisor Competent Person Class. It should be a California Approved AHERA/ ASHARA course. You should take the courses offered by your local AQMD or APCD. Lastly you should know and understand the Standard Operating Procedures the you have for your company. That's the Part Five (Part V) section that we write for you.

I am a pipeline contractor, and I only want to remove cement asbestos pipe. What are the rules for me?

The regulations at 1529 state : (Hint, go to the bottom and scroll up)

"Asbestos-related work" means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos. Asbestos-related work does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings if the work operations do not result in employee exposures to asbestos in excess of 0.1 fibers per cubic centimeter of air (f/cc) as an 8- hour time-weighted average and the employees and supervisors involved in the work operations are trained and certified by an asbestos cement pipe training program which is approved by the Division. Yes you can do pipeline work (as defined above) without a DOSH or ASB on your license, but there are still some rules that you must follow. You need to have one “Competent Person on the job (at all times), the laborers need to have completed the State Approved training course (four hours), you need to have a Policy and Procedure manual specifically for handling cement pipe (No saw cutting etc.....), you need to do air monitoring to establish that you are doing the job correctly, you need to check with the local agencies for permits (AQMD, APCD, Local City Permits etc.), and you need to notify DOSH that you are using a carcinogen (The Temporary Job Notice).

Why do I have to have a Trust Account to do Asbestos work?

Well you do not need a bank administered “Trust Account” in the strictest terms. You do need to have a Liquid Account that is solely for the purpose of maintaining a balance for the use of providing workers with physical examinations and make a statement that you will be responsible to manage the account. You need to do two things. Fill in the DOSH Form whereby you promise to use the account only for the purpose of providing medical examinations to workers exposed to asbestos. (A self administered Trust Account) And you need to have a savings account at a Bank or Credit Union that has no penalty for early withdrawal. The requirements are found in the Labor Code Section 6501.5.

6501.5. Effective January 1, 1987, any employer or contractor who engages in asbestos-related work, as defined in Section 6501.8, and which involves 100 square feet or more of surface area of asbestos-containing material, shall register with the division. The division may grant registration based on a determination that the employer has demonstrated evidence that the conditions, practices, means, methods, operations, or processes used, or proposed to be used, will provide a safe and healthful place of employment. This section is not intended to supersede existing laws and regulations under Title 8, California Administrative Code, Section 5208.

An application for registration shall contain such information and attachments, given under penalty of perjury, as the division may deem necessary to evaluate the safety and health of the proposed employment or place of employment. It shall include, but not be limited to, all of the following:

(a) Every employer shall meet each of the following criteria:

(1) If the employer is a contractor, the contractor shall be certified pursuant to Section 7058.5 of the Business and Professions Code.

(2) Provide health insurance coverage to cover the entire cost of medical examinations and monitoring required by law and be insured for workers' compensation, or provide a five hundred dollar ($500) trust account for each employee engaged in asbestos-related work. The health insurance coverage may be provided through a union, association, or employer.

What Insurance do I need and when do I need it?

For the DOSH Registration you only need to prove that you have Workers Compensation (WC) Insurance that specifically covers asbestos work. You usually need to put a letter in the application explaining that you need an “Agency date stamped” copy of the first page of your application to give to the WC Carrier so they will bind coverage. Most WC Carriers will not give you coverage unless you have a DOSH Registration, and of course DOSH will not register you until you have WC Coverage! Do not worry, I have the letter already formatted, and we will put it in the right place in your application package. This is a good example of “ We do difficult tasks all the time, but the impossible usually takes longer.”

I need a to buy Insurance and my broker says it is impossible to find coverage, how do I find a company that will help me?
EEIS is a very competitive and competent insurance broker located in Sacramento, they can obtain coverage for you because they specialize in asbestos and other high risk enterprises. Call David Newell at 800-464-6014. The best action to take is to find a Broker that you like, who understands your work and stick with them, but always let them know you may select a new broker if they do not always get you the best rates. They get commission on your insurance premium amount, so bear in mind the following axiom. “ The General Contractor with a time and materials contract knows that 10% of 1000.00 is better than 10% of 200.00.” Or the more a “Sub” charges the more you make.

As the Owner, do I need to be AHERA/ASHARA Certified as a Competent Person?

No you do not, but you must have the ASB on your CSLB License. I recommend that you take the Competent person course and be able to understand all the steps that you must take to manage an asbestos removal company. If you will not be entering inside of your containment areas you may be able to forgo the Competent Person Certification, but you will be at a serious disadvantage. Other States require that the company owner have an AHERA Certification and that the certification is current. So far California has not made that a requirement for a DOSH Registration.

Does my Corporation protect me from civil claims and criminal liability?
There is no protection from either criminal or civil liability because you have a corporation. From a liability standpoint you are better served to pay for higher levels of insurance. You can be charged with criminal conduct for environmental crimes both as an individual and as an officer of the corporation. If you are sued for civil liability both the individual and the corporation are named. As far as criminal liability the corporation offers you no refuge what so ever, in fact a corporation often pays more in fines than a sole owner would. There are good reasons to form a Corporation, but you really need to speak with an unbiased expert. If you want to incorporate call 310-675-8888 and Margaret Norman Attorney at Law will be glad to handle the incorporation filings and the newspaper publications etc for you at for very reasonable fee.

What if I want to have a Nevada Corporation?
OK, you can do that, but you will still need to incorporate in California, if you want to have a California Contractors license. Anything about liability still goes for a Nevada Corporation.

What happens when You change from a Sole Owner or a Partnership to a Corporation?
The answer is if your license number will change, you will need to make a separate application to the ACRU for the new entity. If your license number changes you will need to reapply with the ACRU for a new DOSH Registration. Generally you can go from a Sole Owner to a Corporation and not need a new DOSH, but when you go from Corporation to Sole Owner you will need a New DOSH Number.

Does a Corporation have a better credit rating than the owners of the Corporation?
Do you think Banks, Bonding Companies and Suppliers really that dumb? Your credit rating is one of the most important items that you have. When you apply for credit for your Corporation, you have to provide your credit information and usually you have to provide your personal guarantee, that if the Corporation does not pay the bills you will.

I really hate the paperwork and filings, what can I do?
If you are a really great craftsman work for someone who can do the paperwork. Most people get into trouble with the CSLB , OSHA or Clients simply because they did not do the paperwork. Just like your Credit Rating, your ability to do the paperwork is key to your success. Most Contractors fail, and it is usually because of cash or paperwork problems. When you start up your Company have someone who is a computer whiz and who loves to do the paperwork. Be ready and able to pay them because they will be the backbone of your company. All you need is a good word processor and a good book keeping program, nothing fancy or expensive.

Can I apply first as a sole owner and then change at the last minute to a corporation?
In short if you want a corporation, get licensed as a corporation then apply for the DOSH from the ACRU, otherwise just get the DOSH ACRU approval for your current company. You will not have any advantage if you are already approved by DOSH when you apply as a corporation. And you would not be able to switch just before you start up, because you would need to stop one application and start another. You can arrange for your Workers compensation to start when your DOSH Approval is provided. You will not need liability insurance for the DOSH ACRU approval. You will not need to have staff when you apply for your DOSH Approval, but you will need to have equipment, Workers Compensation Insurance and a Medical Monitoring Fund.

Should I buy an asbestos removal company?
The key here is that the license number will change when the company is sold, so the DOSH ACRU approval is generally not transferrable. Purchasing a company may include assuming some liability that is not readily apparent. Have your attorney and your CIH advise you before you buy an asbestos removal company.

I took my AHERA training in another state, can I get my DOSH ACRU anyway?
Only if the training provider was licensed in California when you took the class. You can take the refresher class at ESTP in Sacramento or there is a list of training providers in the application package. I teach classes for ESTP and I am able to teach your class at your facility. ESTP has other instructors who will teach at your facility.

I am a roofing contractor and I understand that I do not need to have the ASB qualification on my license if I want to remove asbestos roofing material, is that true?
In spite of the source or status of the information, that information is incorrect. You must have an ASB certification on your roofing license. The roofing only license pertains only to bituminous roofing products. If you want to remove “Transite” Concrete asbestos containing panels or other asbestos containing building materials (ACBM) you must hold a regular DOSH Registration.

Do I need a special class for my Roofing Workers?
Yes in 1999, during the last century, CalOSHA completed the legislation for the approval of a roofer asbestos class . The old asbestos awareness or O&M Classes are no longer valid for roofers. The roofer class is a one day course and expires after one year. The refresher is a one day course, and must be taken every year.

My Company had some OSHA or AQMD Citations, will this affect my DOSH Registration?
You will need to be able to show that you will not do the same thing again, and to show that you have made changes in your operations. You may need to have a SOP that outlines specific extra steps that would prevent the same thing from happening again. Your DOSH ACRU is an approval, not a license. An approval is just that and it is given to Contractors that can show that they can do the work correctly. If you have had citations be certain that you have experienced professional help when you apply for your DOSH ACRU.

What if I forget to mention past problems?
Making a false statement on your application is against the law and would prevent you from obtaining a DOSH ACRU approval. Any violation of the law could cause problems for you when you apply for the DOSH ACRU application. Be prepared to discuss any and all past history with the person who assists you, their professionalism will help you correct your procedures and help you get registered. We have helped many people and organizations with a varieties of problems or issues to get their DOSH approval. Finding solutions to problems always starts with the truth and goes on with more responsibility. Every problem has a solution.

I want to copy a friends Part V and save some time and money?
That is a good friend, the Part V is a valuable asset. Before you copy a document make certain that the document is not protected by Copyright Law. Again you can endanger your ability to get the DOSH ACRU approval if you are found to be in violation of copyright law.

Where can I dispose of my Hazardous Waste?
That is a very good question. Each Agency AQMD, APCD has different regulations, each community has different rules. Your CIH will be able to help you, and is often a good source of the best and least costly disposal method. For a start call Sean Kelly at BDC 800-221-4232 tell him that Dan Napier, CIH suggested that you call him.

I want to Test for Asbestos as a service for my Customers
California Business and Professions Code specifically states 7180(e). No licensed contractor or asbestos abatement contractor may provide professional health and safety services or perform any asbestos risk assessment. Only a licensed California Asbestos Consultant (CAC) or a Certified Site Surveillance Technician (CSST) working under the direction of a CAC can collect asbestos samples or as the law says perform any asbestos risk assessment. There is an exception, if a contractor has completed the AHERA/ASHARA Building Inspector Course and has taken the annual refreshers the contractor can collect up to ten samples as long as they do not disclose to anyone else what the results were. So if you collect asbestos samples and you are not a CSST or a CAC you cannot tell anyone what the results were, and you could not remove any asbestos found by your own survey work anyway. The customer must hire a CAC or CSST and rely on their report. If you pay a CAC or CSST to conduct testing and you subsequently remove the asbestos, you have a financial relationship with the CAC or CSST and that is against the law.

OK, what kind of asbestos testing can I do as a Contractor?
The only testing that you can do, you must do. You must do daily personal air monitoring whenever you work with asbestos building material. You are obligated to post those results where the workers can see them. You must have completed training for air monitoring, usually as part of your AHERA Training. You cannot do “area sampling”, you can test the area at the exhaust of your HEPA filters for leaks. You cannot do final or clearance monitoring, or other monitoring to post or otherwise make available to other trades or the property owner. The property owner must hire the CAC to conduct final clearance monitoring and site area testing.

Disclaimers: The usual disclaimer that not everything you read is always correct applies to the above information. The opinions posted here are well thought out and well constructed, however if you have a different opinions or interpretations of the code you most likely are correct in your own mind. You are perfectly welcome to have those opinions and make those interpretations. Any errors are purely unintentional, do not rely solely on these questions and answers. Always be skeptical and know that most of the time everybody is wrong about most of the opinions or interpretations that they are espousing. The best test is the “spouse test”. Just ask your spouse if they think you are correct– They will tell you, and you can take that to the Bank.

Asbestos Consultant CAC certified industrial Hygienist CIH asbestos contractors license DOSH ACRU asbestos removal services CSLB “California State Contractors License Board”, CSLB, CalOSHA, “Dan Napier” ‘Expert Witness’