§ 37-25-1. Corrosion prevention and mitigation work requirements.
(a) For purposes of this section:
(1) "NACE 13/ACS 1 standard� means the Society for Protective Coatings/NACE International
standard for an industrial coating and lining application specialist.
(2) "Trained and certified personnel� means both of the following:
(i) To the maximum extent feasible, workers performing surface preparation and application
of protective coatings and linings to steel, who are classified as journey-level painters,
shall be certified by an organization generally accepted in the industry as meeting
the NACE 13/ACS 1 standard, or a similar standard, that is generally accepted in the
industry. Coatings applied during assembly are excluded.
(ii) Workers performing surface preparation and application of protective coatings and
linings to steel, who are classified as apprentices, shall be registered in an industrial
apprenticeship program, approved by the department of labor and training, that provides
training to meet the NACE 13/ACS 1 standard or a similar standard, that is generally
accepted by the industry.
(b) A public entity that awards a contract after January 1, 2024, that is paid for in
whole or in part with state funds, shall require all contractors and subcontractors
performing corrosion prevention and mitigation work to comply with the standards adopted
pursuant to this section.
(c) Contractors and subcontractors performing public works contracts for corrosion prevention
and mitigation work must comply with the standards adopted pursuant to this section
after January 1, 2024.
(d) On or before January 1, 2023, the director of the department of labor and training
in consultation with the department of environmental management, shall adopt regulations
establishing standards for the performance of corrosion prevention and mitigation
work on public projects that reflect industry best practices. Such industry best practices
shall include, but are not limited to, the following:
(1) Use of trained and certified personnel for surface preparation and application of
protective coatings and linings to steel;
(2) Use of inspectors to ensure best practices and standards are met; and
(3) A plan to prevent environmental degradation, including, but not limited to, careful
handling and containment of hazardous materials including, but not limited to, lead
paint.
(e)(1) The department of labor and training shall enforce the provisions of this chapter.
If the director, or designee, determines that a violation of these provisions has
occurred, the director, or designee, shall order a hearing at a time and place to
be specified, and shall give notice thereof, together with a copy of the complaint
or the purpose thereof, or a statement of the facts disclosed upon investigation,
which notice shall be served personally or by mail on any person, business, corporation,
or entity of any kind affected thereby.
(2) The person, business, corporation, or entity shall have an opportunity to be heard
in respect to the matters complained of at the time and place specified in the notice.
The hearing shall be conducted by the director, or designee.
(3) The hearing officer in the hearing shall be deemed to be acting in an administrative
capacity, and shall have the right to issue subpoenas, administer oaths, and examine
witnesses. The enforcement of a subpoena issued under this section shall be regulated
by civil practice law and the rules of civil procedure. The hearing shall be expeditiously
conducted and upon such hearing the hearing officer shall determine the issues raised
and shall make a determination and enter an order within thirty (30) days of the close
of the hearing, and forthwith serve a copy of the order, with a notice of the filing,
upon the parties to the proceeding, personally or by mail.
(4) The order shall dismiss the complaint or determine that a violation of the provisions
of this chapter occurred. The order shall represent a final action by the department
of labor and training.
(f) Any contractor or subcontractor determined to have violated the provisions of this
chapter shall be subject to a civil penalty of not less than one thousand five hundred
dollars ($1,500) and not greater than three thousand dollars ($3,000), and shall be
subject to the revocation of any relevant professional or occupational license, if
the violation is deemed to have been intentional or egregious.
(g) This section is applicable to all public works projects that fit the other criteria
as provided in this section.