Legislature(1995 - 1996)
02/15/1995 09:06 AM Senate HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
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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