Commenter:
Aaron K Trippler, American Industrial Hygiene Association
AIHA Comments on Proposed Mold Regulations
Title 18. Professional and Occupational Licensing
Virginia Board for Asbestos, Lead, and Home Inspectors
Proposed Regulation
18VAC15-60. Mold Inspector and Remediator Regulations
(adding 18VAC15-60-10 through 18VAC15-60-390).
Comments from the American Industrial Hygiene Association
January 5, 2011
The American Industrial Hygiene Association (AIHA) thanks the Virginia Board for Asbestos, Lead, and Home Inspectors (Board) for the opportunity to provide comments on the Proposed Regulation on the Virginia Mold Inspector and Remediator Regulations.
AIHA members in Virginia and around the country share your interest and commitment to address an issue that has received high-profile media attention, considerable litigation nationwide, and may impact the health of countless individuals. AIHA supports legislation and regulations that assist in addressing the issue of mold, so long as such legislation/regulations provide adequate protection for the public and workers.
A regulation addressing mold inspection and remediation is a very complex issue. After reviewing the proposed regulations, AIHA has the following comments:
Part I – Exemptions from licensure requirement.
AIHA has long debated whether or not individuals should be required to be licensed. While some consumers have faced problems addressing the issue of mold inspections and mold remediation, AIHA is not convinced statistics show new regulations, and the additional cost that will come from these regulations, are the proper answer. However, the Virginia Assembly has enacted legislation to require licensure and AIHA offers this input on how to best create the regulatory structure.
It is proper for the Board to provide “exemptions from licensure requirement” in these proposed regulations, yet AIHA believes the exemptions should be expanded. The proposal exempts “professional engineers correcting a moisture problem” and AIHA believes it would also be proper to exclude “certified industrial hygienists performing preliminary inspections of possible moisture-related problems”. A certified industrial hygienist (CIH) is recognized nationwide for their education and experience in recognition and evaluation of hazards such as mold. Virginia statute already cites recognition of a CIH as one of the qualifications acceptable as a licensed lead risk assessor.
This is to not say that a CIH is the only professional, in addition to a professional engineer, that should be exempt from licensure. The Board should evaluate each profession on its own merits.
Part II – Definitions.
The addition of a certified industrial hygienist under licensure exemptions would also require the term be defined. Wording such as “Certified Industrial Hygienist as recognized in Virginia statute, Title 40.1, Chapter 9” should be included.
Part III – Entry – Qualifications for licensure – individual.
AIHA supports language that requires individuals to meet minimum qualifications in order to become licensed under the various licensure categories. While AIHA does have reservations that the minimum requirements and qualifications listed are much too low, AIHA understands the wish to provide entry to as many individuals possible. AIHA also believes there are many professionals who not only meet these minimum qualifications but have qualifications that go far beyond the minimums. AIHA believes these individuals should be provided an exemption from having to attend additional training prior to becoming licensed.
It would be easy for AIHA to again state that professionals, such as CIHs, should be exempt from any and all training in order to be licensed. However, if the Board determines that full exemption is not possible, AIHA believes there is still an acceptable way to recognize these individuals and others.
AIHA recommends the Board add a section to Part III that would allow for:
“individuals, such as Certified Industrial Hygienists, Certified Safety Professionals, Certified Indoor Environmental Consultants, and others approved by the Board, holding certifications from nationally recognized accredited bodies be exempt from having to attend an initial training course for the license being applied for. Such individuals shall, however, not be exempt from having to pass the training course examination”.
AIHA believes providing this partial exemption would still provide the state with proof that all individuals have the education and experience to pass a training course examination, yet would provide these professionals with an avenue to forego the initial training requirement.
Part III – Entry – Licensure or training course approval by reciprocity.
If the Board approves AIHA earlier suggestions to exempt professionals already deemed as having met the minimum qualifications for licensure, this section would not be required and could be removed. Should the earlier approach not be considered, AIHA suggests this section be amended to broaden the rights of the Board to approve professionals already recognized by others. Amended language:
“The board may issue a license to perform mold inspections or mold remediation to any applicant who is certified by a nationally-recognized accredited organization if that organization is approved by the board. Such organizations must show minimum acceptable requirements for certification in those areas the board believes are equal to or exceed the requirements established by the board for all applicants.”
Part IX – Standards for Conducting Mold Inspection and Remediation Activities – Mold Inspector.
AIHA wishes to again offer our support for proposed language that requires mold inspectors to conduct inspection activities that include a requirement that:
“Collected mold samples shall be sent to a laboratory capable of performing mold analysis that is accredited or certified by an organization that meets international program requirements established under ISO/IEC 17011.”
Part X – General Standards of Practice and Conduct – Conflict of Interest.
AIHA supports language that would prohibit individuals or companies involved in mold inspections and mold remediation from performing inspections, assessment and mold remediation on the same project or recommending such to any individual or company in which the individual has a financial interest.
Thank you again for the opportunity to provide these comments. AIHA shares your concern about the potentially harmful effects microbial growth may have on the health of the public, workers and other exposed individuals.
