HB1379.html

43-21A-1.
As used in this chapter, the term:
(1) 'Accredited college or university' means one that is accredited by a national accrediting body recognized by the Council on Higher Education Accreditation.
(2) 'American Board of Industrial Hygiene' means a nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene by certifying individuals who meet its education, experience, examination and maintenance requirements.
(3) 'Certified associate industrial hygienist' means a person who has received the designation certified associate industrial hygienist by the American Board of Industrial Hygiene and whose certification has not lapsed or been revoked.
(4) 'Certified construction health and safety technician' means a person who by virtue of education, experience, and examination is certified by the Council on Certification of Health, Environmental, and Safety Technologists.
(5) 'Certified industrial hygienist' means a person who has received the designation certified industrial hygienist by the American Board of Industrial Hygiene or other national certifying organization recognized by the Council of Engineering and Scientific Specialty Boards and whose certification has not lapsed or been revoked.
(6) 'Certified occupational health and safety technologist' means a person who by virtue of special studies and training has acquired proficiency in one or more areas of occupational health and safety and is so recognized by the Council on Certification of Health, Environmental, and Safety Technologists.
(7) 'Education' means a baccalaureate or graduate degree from an accredited college or university in industrial hygiene, safety, biology, chemistry, engineering, physics, technology, or related degrees; mathematics; or the physical or biological sciences.
(8) 'Experience' means the individual has demonstrated professional level work experience including the ability to:
(A) Anticipate and recognize the environmental factors and stresses associated with work, work operations, and built environments and to understand their effects on people and people´s well being, including but not limited to hazards and exposures to chemicals, mold, bacteria, physical stressors such as noise and light, and ergonomic stressors;
(B) Evaluate with the aid of qualitative and quantitative measurement techniques the magnitude of these factors and stresses in terms of their ability to impair human health and well being; and
(C) Prescribe methods, such as engineering controls, administrative controls, personal protective equipment, and training methods, to prevent, eliminate, control, or reduce such factors and stresses and their effects.
(9) 'Industrial hygiene' means that science and art devoted to the anticipation, recognition, evaluation, and control of those environmental factors and stresses arising in or from the workplace that may cause sickness, impaired health and well-being, or significant discomfort among workers and may also affect the general community.
(10) 'Industrial hygiene certification organization' means a nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene by certifying individuals who meet its education, experience, and examination requirements, with criteria at least equivalent to that of the American Board of Industrial Hygiene.

43-21A-2.
(a) No person shall represent himself or herself as a certified industrial hygienist, certified associate industrial hygienist, certified construction health and safety technician, or certified occupational health and safety technologist unless he or she complies with the requirements of this chapter.
(b) It shall be an unfair or deceptive act or practice in the conduct of consumer transactions under paragraph (5) of subsection (b) of Code Section 10-1-393 for purposes of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' for persons or other entities to represent themselves or advertise themselves as certified industrial hygienists, certified associate industrial hygienists, certified construction health and safety technicians, or certified occupational health and safety technologists unless they comply with the requirements of this chapter.

43-21A-3.
Any person who violates subsection (a) of Code Section 43-21A-2 shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding $1,000.00.

43-21A-4.
No entity of state or local government shall by rule or regulation, ordinance, or otherwise prohibit or restrict the practice of industrial hygiene by any qualified individual who complies with the provisions established by or pursuant to this chapter, except where authorized by general law to regulate a specific activity that may include the practice of industrial hygiene.

43-21A-5.
This chapter shall not prohibit any person from performing industrial hygiene functions as defined in this chapter so long as he or she does not falsely represent himself or herself to the public as being a certified industrial hygienist, certified associate industrial hygienist, certified construction health and safety technician, or certified occupational health and safety technologist without complying with the requirements of this chapter."