West Virginia Code § 16-32-2

Definitions
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(a) "Asbestos" means the asbestiform varieties of chrysolite (serpentine), crocidolite
(riebeckite), amosite (cummintonite-grunerite), anthophyllite, tremolite and actinolite.
(b) "Asbestos analytical laboratory" means a facility or place which analyzes asbestos bulk
samples or asbestos air samples.
(c) "Asbestos abatement project designer" means a person who specifies engineering
controls, methods and work practices to be used during asbestos abatement projects.
(d) "Asbestos abatement supervisor" means a person responsible for direction of asbestos
abatement projects.
(e) "Asbestos clearance air monitor" means a person waho performs air monitoring to confirm
clearance levels to establish that an area is safe for reoccupancy after an asbestos
abatement project. l
(f) "Asbestos-containing material" means any material or product which contains more than
one percent asbestos by weight.
(g) "Asbestos contractor" means a person who enters into contract for an asbestos
abatement project.
(h) "Asbestos inspector" means a person employed to inspect for the presence of asbestos-
containing materials, evLaluate the condition of such materials and collect samples for
asbestos content confirmation.
(i) "Asbestos management planner" means a person employed to interpret survey results,
make hazard assessment, evaluation and selection of control options or develop an operation
and maintenance plan.
(j) "Asbestos abatement project" means an activity involving the repair, removal, enclosure
or encapsulation of asbestos-containing material. "Asbestos abatement project" does not
include removal, repair and maintenance of intact oil and gas pipeline asphaltic wrap which
contains asbestos fibers encapsulated or coated by bituminous or resinous compounds as
described in subsection (d), section eleven of this article.
(k) "Asbestos worker" means a person who works on an asbestos abatement project.
(l) "Bureau" means the Bureau for Public Health.
(m) "Commissioner" means Commissioner of the Bureau for Public Health or his or her
designee.
(n) "Competent person" means one who is capable of identifying existing asbestos hazards in
the workplace and selecting the appropriate control strategy for asbestos exposure and who
has the authority to take prompt corrective measures to eliminate them.
(o) "Contained work area" means designated rooms, spaces or other areas where asbestos
abatement activities are being performed, including decontamination structures. The
contained work area shall be separated from the uncontaminated environment by
polyethylene sheeting or other materials used in conjunction with the existineg floors, ceilings
and walls of the structure.
(p) "Encapsulate" means the application of any material onto any asbestos-containing
material to bridge or penetrate the material to prevent fiber releuase.
(q) "Enclosure" means the permanent confinement of friable asbestos-containing materials
with an airtight barrier in an area not used or designed as an air plenum.
(r) "Friable" means material which is capable of being crumbled, pulverized or reduced to
powder by hand pressure of which under normal usle or maintenance emits or can be
expected to emit asbestos fibers into the air. s
(s) "Good faith report" means a report of cionduct defined in this article as wrongdoing or
waste which is made without malice or consideration of personal benefit and which the
person making the report has reasonable cause to believe is true.
(t) "Intact" means that the asbestos-containing material has not crumbled, been pulverized
or otherwise deteriorated so that the asbestos is no longer likely to be bound with its matrix.
(u) "License" means a document authorizing a person to perform certain specific asbestos-
related work activitie s.
(v) "Person" means a corporation, partnership, sole proprietorship, firm, enterprise,
franchise, association or any individual or entity.
(w) "Resilient floor covering" means floor tile, sheet vinyl and associated adhesives which
contain more than one percent asbestos by weight.
(x) "Resilient floor covering worker" means a person who is employed to remove resilient
floor covering in single-family dwellings.
(y) "Waste" means an employer's conduct or omissions which result in substantial abuse,
misuse, destruction or loss of funds or resources belonging to or derived from federal, state
or political subdivision sources.
(z) "Wrongdoing" means a violation which is not of a merely technical or minimal nature of a
federal or state statute or regulation, of a political subdivision ordinance or regulation or of
a code of conduct or ethics designed to protect the interest of the public or the employer.

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