Legislature(1995 - 1996)

02/15/1995 09:06 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 SHES - 2/15/95                                                                
                                                                               
          SB  58 USE OF TITLE "INDUSTRIAL HYGIENIST"                         
                                                                               
 Number 004                                                                    
                                                                               
 CHAIRMAN GREEN called the Senate Health, Education and Social                 
 Services (HESS) Committee to order at 9:06 a.m.  She introduced               
 SB 58  as the first order of business before the committee.                   
                                                                               
 SENATOR LEMAN, Prime Sponsor, noted that he had introduced this               
 legislation for the Midnight Sun Section of the American Industrial           
 Hygiene Association.  There have been cases in which individuals              
 have used the title "industrial hygienist" when they are not                  
 qualified as such.  The profession of industrial hygiene is a cross           
 disciplinary field.  He explained that SB 58 makes using the title            
 "industrial hygienist" an unfair trade practice if the individual             
 is not qualified as such.  Other states have such legislation.                
                                                                               
 ERIN TRIPPLER, Director of Government Affairs at the American                 
 Industrial Hygiene Association (AIHA), emphasized the need for this           
 legislation in order to protect the health and safety of employees,           
 their families and the community.  He pointed out that California,            
 Tennessee, and Illinois have similar legislation while many other             
 states are preparing similar legislation.  He inquired as to the              
 language in SB 58 which would make the use of the title by an                 
 unqualified person an unfair business practice.  He noted that the            
 legislation could add an exclusionary clause to ensure that the               
 legislation would not infringe on other professions.                          
                                                                               
 Number 103                                                                    
                                                                               
 SENATOR LEMAN clarified that the bill refers to Alaska Statutes               
 which address Mr. Trippler's concern regarding the unfair business            
 practice portion of the legislation.  The title protection would be           
 added to the list in statutes.                                                
                                                                               
 SENATOR SALO asked for examples of other items under this statute.            
 SENATOR LEMAN listed telephonic solicitations, hearing aides,                 
 Alaska gasoline products, and many others.                                    
                                                                               
 ERIN TRIPPLER said the title protection that SB 58 provides for               
 industrial hygienists is used nationwide for professions such as              
 waste water treatment operators, CPAs, physician assistants,                  
 nursing assistants, and many others.                                          
                                                                               
 SENATOR SALO expressed confusion with the purpose of SB 58.  There            
 are licensing standards of practice for various occupations, but SB
 58 would amend the portion of law dealing with misrepresentation.             
 She asked if the purpose of the bill was to eliminate persons                 
 misrepresenting themselves as qualified industrial hygienists.  Is            
 there another section of law that licenses persons in industrial              
 hygiene?                                                                      
                                                                               
 SENATOR LEMAN explained that industrial hygienists are not                    
 licesnsed in Alaska and SB 58 would not create a licensure for                
 them.  SB 58 protects the use of the title "industrial hygienist"             
 for those who are qualified through the national system.                      
                                                                               
 SENATOR SALO seemed perplexed that industrial hygienists are not              
 licesensed in Alaska, but that this legislation would make the                
 misrepresentation of that title illegal.  She asked what the                  
 Council on Postsecondary Accreditation referred to in the bill.               
 ERIN TRIPPLER explained that the council was a national                       
 accreditation group for postsecondary education.                              
                                                                               
 In response to Senator Salo, ERIN TRIPPLER said that the industrial           
 hygiene association does not require that their professionals be              
 licensed.  The association chose the option of title protection.              
 The American Board for Idustrial Hygiene handles the certification            
 of these professionals.  Mr. Trippler pointed out that there are              
 very few professions that are licensed in the United States.                  
                                                                               
 Number 234                                                                    
                                                                               
 JEFF CARPENTER, member of the Midnight Sun Section of AIHA,                   
 specified that an industrial hygienist's job is to recognize and              
 anticipate health hazards in the work place and then implement                
 strategies to control the situation.  He expressed concern with the           
 lack of understanding of this profession.  In response to Chairman            
 Green, Mr. Carpenter explained that an industrial hygienist would             
 be hired by a company as a consultant or part of a larger team.  He           
 noted that industrial hygienists are part of government agencies              
 who would assist employers with compliance of regulations as well             
 as enforce the regulations.                                                   
                                                                               
 SENATOR LEMAN spoke to Senator Salo's comment regarding creating a            
 crime.  He explained that in Alaska statutes under Unlawful Acts              
 and Practices, the Attorney General, on the state's behalf, can               
 request a restraining order.  Violation of the restraining order              
 could lead to a civil penalty not to exceed $5,000 per violation.             
 He suggested that in most cases a letter would be sent from the               
 Attorney General to the violator requesting they stop using the               
 title.                                                                        
                                                                               
 PENNY GOODSTEIN, member of the Midnight Sun Section of the AIHA,              
 reiterated that this is a public health issue.  Misrepresentation             
 of the title could cost industry and harm workers.  She pointed out           
 that industrial hygienists deal with asbestos and hazardous waste             
 disposal which have public health implications.  She expressed the            
 need to stop the misuse of the term because it denotes a certain              
 amount of knowledge.                                                          
                                                                               
 CHAIRMAN GREEN asked if anyone could give an example of substantial           
 loss sustained from misrepresentation of the title.  PENNY                    
 GOODSTEIN recounted a case in which an individual had instructed              
 employees to wear the incorrect respirator on a hazardous waste               
 site.  This could have been a harmful situation.                              
 SENATOR MILLER moved that SB 58 be moved out of committee with                
 individual recommendations.  Without objection, it was so ordered.            

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