1997
SENATE BILL 97119
BY SENATORS Ament, Hernandez, Rupert, and Wham;
also REPRESENTATIVES Sullivant, Dean, Paschall, and
Pfiffner.
CONCERNING THE PROVISION OF INDUSTRIAL HYGIENE SERVICES
TO STATE AGENCIES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 24301303
(1) (p), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended to read:
24301303. Department of
personnel responsibilities repeal.
(1) The department shall:
(p) Develop and maintain, or cause to
be developed and maintained, at state agencies approved lists
of qualified architects, INDUSTRIAL HYGIENISTS, engineers, landscape
architects, land surveyors, and consultants from which the principal
representative shall make a selection, including therein such
information as may be required by part 14 of this article;
SECTION 2. 24301401,
Colorado Revised Statutes, 1988 Repl. Vol., is amended to read:
24301401. Legislative declaration. The purpose of this part 14
is to provide managerial control by the state over
competitive negotiations for the acquisition of the professional
services provided by architects, INDUSTRIAL HYGIENISTS, engineers,
landscape architects, and land surveyors. It is hereby declared
to be the policy of this state to publicly announce requirements
for such professional services, to encourage all qualified persons
to put themselves in a position to be considered for a contract,
and to negotiate contracts for such professional services on the
basis of demonstrated competence and qualification for the types
of professional services required and on the basis of the furnishing
of such professional services at fair and reasonable fees.
SECTION 3. 24301402,
Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended
to read:
24301402. Definitions. As
used in this part 14, unless the context otherwise requires:
(1) "CERTIFIED INDUSTRIAL HYGIENIST"
MEANS AN INDIVIDUAL THAT IS CERTIFIED BY THE AMERICAN BOARD OF
INDUSTRIAL HYGIENE OR ITS SUCCESSOR.
(1.2) "INDUSTRIAL HYGIENIST"
MEANS AN INDIVIDUAL WHO HAS OBTAINED A BACCALAUREATE OR GRADUATE
DEGREE IN INDUSTRIAL HYGIENE, BIOLOGY, CHEMISTRY, ENGINEERING,
PHYSICS, OR A CLOSELY RELATED PHYSICAL OR BIOLOGICAL SCIENCE FROM
AN ACCREDITED COLLEGE OR UNIVERSITY. THE SPECIAL STUDIES AND
TRAINING OF SUCH INDIVIDUAL SHALL BE SUFFICIENT IN THE COGNATE
SCIENCES TO PROVIDE THE ABILITY AND COMPETENCY TO:
(a) ANTICIPATE AND RECOGNIZE THE ENVIRONMENTAL
FACTORS AND STRESSES ASSOCIATED WITH WORK AND WORK OPERATIONS
AND TO UNDERSTAND THEIR EFFECTS ON INDIVIDUALS AND THEIR WELLBEING;
(b) EVALUATE ON THE BASIS OF TRAINING
AND EXPERIENCE AND WITH THE AID OF QUANTITATIVE MEASUREMENT TECHNIQUES
THE MAGNITUDE OF SUCH ENVIRONMENTAL FACTORS AND STRESSES IN TERMS
OF THEIR ABILITY TO IMPAIR HUMAN HEALTH AND WELLBEING;
(c) (I) PRESCRIBE METHODS TO PREVENT,
ELIMINATE, CONTROL, OR REDUCE SUCH FACTORS AND STRESSES AND THEIR
EFFECTS.
(II) ANY INDIVIDUAL WHO HAS PRACTICED
WITHIN THE SCOPE OF THE MEANING OF INDUSTRIAL HYGIENE FOR A PERIOD
OF NOT LESS THAN FIVE YEARS IMMEDIATELY PRIOR TO JULY 1, 1997,
IS EXEMPT FROM THE DEGREE REQUIREMENTS SET FORTH IN THIS SUBSECTION
(1.2).
(III) ANY INDIVIDUAL WHO HAS A TWOYEAR
ASSOCIATE OF APPLIED SCIENCE DEGREE IN ENVIRONMENTAL SCIENCE FROM
AN ACCREDITED COLLEGE OR UNIVERSITY AND IN ADDITION NOT LESS THAN
FOUR YEARS PRACTICE IMMEDIATELY PRIOR TO JULY 1, 1997, WITHIN
THE SCOPE OF THE MEANING OF INDUSTRIAL HYGIENE IS EXEMPT FROM
THE DEGREE REQUIREMENTS SET FORTH IN THIS SUBSECTION (1.2).
(1) (1.5) "Continuing
contract" means a contract for professional services entered
into pursuant to this part 14 between a state agency and a person,
whereby the person provides professional services to the state
agency for work of a specified nature as outlined in the contract
required by the state agency with no specific time limitation.
Any such contract shall provide a termination clause.
(2) "Department" means the department
of personnel.
(3) "Person" means an individual,
a corporation, a limited liability company, a partnership, a business
trust, an association, a firm, or any other legal entity.
(3.5) "PRACTICE OF INDUSTRIAL HYGIENE"
MEANS THE PERFORMANCE OF PROFESSIONAL SERVICES, INCLUDING BUT
NOT LIMITED TO CONSULTING, INVESTIGATING, SAMPLING, OR TESTING
IN CONNECTION WITH THE ANTICIPATION, RECOGNITION, EVALUATION,
AND CONTROL OF THOSE ENVIRONMENTAL FACTORS OR STRESSES ARISING
IN OR FROM THE WORKPLACE THAT MAY CAUSE SICKNESS, IMPAIRED HEALTH,
OR SIGNIFICANT DISCOMFORT TO WORKERS OR THE PUBLIC. "PRACTICE
OF INDUSTRIAL HYGIENE" INCLUDES BUT IS NOT LIMITED TO THE
IDENTIFICATION, SAMPLING, AND TESTING OF CHEMICAL, PHYSICAL, BIOLOGICAL,
AND ERGONOMIC STRESSES AND THE DEVELOPMENT OF PHYSICAL, ADMINISTRATIVE,
PERSONAL PROTECTIVE EQUIPMENT, AND TRAINING METHODS TO PREVENT,
ELIMINATE, CONTROL, OR REDUCE SUCH FACTORS AND STRESSES AND THEIR
EFFECTS. THE TERM DOES NOT INCLUDE THE PRACTICE OF ARCHITECTURE,
AS DEFINED IN SECTION 124102 (5), C.R.S., OR THE PRACTICE
OF ENGINEERING, AS DEFINED IN SECTION 1225102 (10),
C.R.S.
(4) "Practice of landscape architecture"
means the performance of professional services such as consultation,
investigation, reconnaissance, research, planning, design, or
responsible supervision in connection with the development of
land areas or land use, where and to the extent that the dominant
purpose of any such service is the preservation and development
of existing and proposed land features, ground surface, planting,
naturalistic features, and esthetic values. "Practice of
landscape architecture" includes the design, location, and
arrangement of such tangible objects and features as are incidental
and necessary to the purposes outlined in this subsection (4),
but the term does not include the making of land surveys or final
engineered plats for official recording, integration of design
of structures of earth, or other construction materials.
(5) "Principal representative"
means the governing board of a state department, institution,
or agency or, if there is no governing board, the executive head
of a state department, institution, or agency, as designated by
the governor or the general assembly.
(6) "Professional services"
means those services within the scope of the following:
(a) The practice of architecture, as defined
in section 124102 (5), C.R.S.;
(b) The practice of engineering, as defined
in section 1225102 (10), C.R.S.;
(c) The practice of professional land
surveying, as defined in section 1225202 (6), C.R.S.;
(d) The practice of landscape architecture,
as defined in subsection (4) of this section;
(e) THE PRACTICE OF INDUSTRIAL HYGIENE,
AS DEFINED IN SUBSECTION (3.5) OF THIS SECTION.
(7) "State agency" means this
state or any department, board, bureau, commission, institution,
or other agency of this state.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO