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How do I get an application from DOSH?
Call 510-286-7362 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 just long enough to leave your name and address.
Can I hire someone to help me with the DOSH ACRU Application?
Yes, without help this process is very difficult. Select a competent company that has significant
experience. We have provided our services to more DOSH ACRU approved Contractors than
anyone else. Our DOSH ACRU Policy & Procedures are written specifically for each client. 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.
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 .
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.
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. 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 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.
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.
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 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.
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 Lawndale or there is a list of training providers in the
application package.
I am a roofing contractor and I was told by DOSH that I did not need to have the ASB
qualification on my license if I want to remove asbestos roofing material, is that true?
Boy are they embarrassed, DOSH recently looked at the regulations and realized that roofers
needed to have the ASB certificate on their license if the roofer wanted to remove asbestos
roofing materials.
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?
Yes most likely you will need to submit your Standard Operations Procedures, (SOP) to the
DOSH ACRU. 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. 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 serious 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.
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 must have completed training for air
monitoring, usually as part of your AHERA Training. You cannot do area sampling, unless you
test 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.
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.