Legislature(1995 - 1996)
05/02/1995 02:04 PM House HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 58 - USE OF THE TITLE "INDUSTRIAL HYGIENIST" Number 1692 AARON TRIPPLER, Director of Government Affairs, American Industrial Hygiene Association (AIHA), said the AIHA is the world's largest association of occupational and environmental health professionals. AIHA has long been involved with the process of title protection for the profession of industrial hygiene. The practice of industrial hygiene is an important tool for protecting the health and safety of workers, their families and the community. MR. TRIPPLER said with an increased emphasis on the environment today, there is the possibility of unqualified individuals representing themselves to the public as capable of protecting health and safety. The result could be devastating. MR. TRIPPLER continued that title protection for the profession of industrial hygiene simply protects that profession and those titles so everyone is assured the individual calling themselves an industrial hygienist is qualified. The AIHA is not trying to exclude anyone from involving themselves in the industrial hygiene profession. It is only that those unqualified individuals cannot use the term. Number 1757 CO-CHAIR TOOHEY said she had been approached this session by the dietitians and nutritionists. They also wanted a bill to protect the words "dietitian" and "nutritionist." Co-Chair Toohey commented at that time that she is a dietitian. She is a mother and a grandmother therefore, she is a dietitian. Anytime one person feeds another, he/she is a dietitian. Co-Chair Toohey resents the fact that the someone would restrict her calling herself a dietitian, a nutritionist or a feeder of people. CO-CHAIR TOOHEY did not want to besmirch the industrial hygienist profession, but anytime laws are passed that restrict calling oneself or anyone else a name, the English language is being restricted. CO-CHAIR TOOHEY said she could call herself a doctor if she wanted to, and that is her business as long as she does not do unprofessional things. She has a problem excluding the use of a word or a series of words because one group wants to keep their own esoteric membership. Number 1822 MR. TRIPPLER said there are many professions that use title protections. Such titles include certified public accountants and waste water treatment operators. The AIHA does not want to restrict a person from calling him/herself an industrial hygienist, as long as he/she does not represent him/herself to the public and claim that he/she has the qualifications necessary to assist someone else by legal standards as an industrial hygienist. MR. TRIPPLER said a certified industrial hygienist has a degree in the sciences, five years experience, and passes a two day examination. There are many consequences that could result from people posing as industrial hygienists. For example, the schools in the state of New York, a few years ago, were closed down at the beginning of the year because of an asbestos threat. That threat was the result of the school contracting with individuals who called themselves industrial hygienists qualified in asbestos abatement. MR. TRIPPLER said the schools eventually had to go back and find a truly certified industrial hygienist to clean up the asbestos situation. Therefore, the AIHA is not trying to restrict people from participating in the field. A person just cannot present themselves to the public as a certified industrial hygienist. Number 1884 PENNY GOODSTIEN, Representative, Anchorage Branch/Midnight Sun Section, AIHA, said she has been working for 17 years as an industrial hygienist. There have been people in Anchorage that have presented themselves as industrial hygienists. There is much money to be made doing health and safety work. MS. GOODSTIEN recounted a story in which she was working as a substitute site safety manager. A man who was an environmental engineer told people he was also an industrial hygienist. He was in charge for months, and he put the organization on the wrong respirator all summer long. Luckily no one was hurt. Someone could have become very seriously ill. That man also did incorrect air sampling and did not know what he was doing. Number 1923 MS. GOODSTIEN said the man called himself an industrial hygienist and everyone believed him. In addition, Ms. Goodstien has seen people make business cards claiming they are certified industrial hygienists. That indicates quite a bit of training, and further training must be taken every year by actual certified industrial hygienists. The charlatans were hired based on the credentials they claimed to have. There is presently no way to protect the public. MS. GOODSTIEN feels this is a public health issue more than it is an issue of protecting the industrial hygienist profession. It is the public who hires the industrial hygienist. There are cases all over the country in which fraud was prevalent. In Arizona, a shopping center spent $2 million to remove asbestos that was not there because a non qualified person identified asbestos. That person was getting a kickback from the laboratories and making quite a bit of money. MS. GOODSTIEN concluded therefore, it is not only a public health issue, it is an economic issue. CO-CHAIR TOOHEY asked her to elaborate on the economic problem. MS. GOODSTIEN said when a business or organization, such as the Arizona shopping center, hires a non qualified person who makes a wrong "diagnosis," and $2 million is spent correcting a problem that does not exist, that creates economic problems. The shopping center was shut down, stores lost money. Therefore, not only are there health issues, but people can end up spending a lot of money they do not need to spend. Number 1995 JANET OGAN, Legislative Secretary to Senator Loren Leman, testified on behalf of the sponsor of the bill that SB 58 was introduced at the request of the Midnight Sun Section of the AIHA. Presently, according to the AIHA, there are 15 certified industrial hygienists in Alaska. AIHA recommends this legislative and regulatory language to provide title protection. The title protection defines titles and definitions used by the profession. It establishes legal recognition and protects industrial hygiene titles. MS. OGAN said those titles may be used by only those who meet the criteria outlined in the definitions. An individual who does not meet the criteria may practice within the scope of the meaning of industrial hygiene so long as the individual does not use the titles, initials or represents him or herself to the public as an industrial hygienist. MS. OGAN noted that other states have also implemented this legislation such as California, Illinois and Tennessee to name a few. Many other states are planning to introduce such legislation this year. Number 2057 CO-CHAIR BUNDE noted that the bill refers to people who have graduated from a college or university that is accredited by the Alaska Council on Postsecondary Education. Therefore, he said a traditional college or university would give such degrees. He said there must be college programs in industrial hygiene, but understood that one could also have degrees in biology, chemistry or engineering. MS. OGAN said Co-Chair Bunde was correct. There is a board exam that must be taken and passed. A college degree is not the only requirement necessary to be certified. Number 2085 REPRESENTATIVE DAVIS said he had a little trouble identifying with the bill, as he has never belonged to a profession that needed to protect its name. He has either been a ditch digger, which no one wants to admit; or a politician, which no one wants to admit. JEFF CARPENTER, Member, Midnight Sun Section, AIHA, spoke via teleconference in support of SB 58. He added that this legislation will also insure that state or local government agencies do not restrict the practice of industrial hygiene. The prohibition that occurs in SB 58 has also been done in other states. However, other states are even more restrictive. In California, a registered architect must sign off on asbestos abatement plans even though that architect may have no knowledge of asbestos health hazards and work place health hazards in general. The architect may have no specific training in industrial hygiene at all. MR. CARPENTER said an industrial hygienist or even a certified industrial hygienist must take their plan to an architect, get a stamp of approval on it, and then proceed with their work. SB 58 would insure that state or local government agencies do not restrict the practice of industrial hygiene by qualified persons identified in SB 58. Number 2169 CO-CHAIR TOOHEY asked how long the schooling and testing would take for a biologist to become an industrial hygienist. MR. CARPENTER said he has a degree in biology. He did not begin his studies in college with the forethought of becoming an industrial hygienist. However, he wanted to give something to the community. As a biology graduate, he needed to gain experience in anticipating, evaluating, recognizing and controlling health hazards in the workplace. MR. CARPENTER continued that typically, to gain membership to a professional organization such as the AIHA, five years of professional practice is required in anticipating, evaluating, recognizing and controlling health hazards in the workplace. In addition to that experience, one must submit references, work experiences and an application to the American Board of Industrial Hygiene. A two day certification exam is then taken. Number 2229 CO-CHAIR BUNDE closed public testimony and asked for the wish of the committee. Representative Davis made a motion to move SB 58 am from committee with individual recommendations and accompanying fiscal notes. Co-Chair Toohey objected, and a roll call vote was taken. Voting "yes" were Representative Davis, Representative Rokeberg, and Co-Chair Bunde. Voting "no" were Co-Chair Toohey, and Representative Vezey. SB 58 am passed out of the House HESS Committee.
| Document Name | Date/Time | Subjects |
|---|