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Proposed
Florida Mold Bill Unfair to Consumers American Society of Safety Engineers Say
Safety Online
April 10, 2003
DES
PLAINES, IL (April 10, 2003) – The American Society of Safety Engineers (ASSE)
urged key Florida House leaders in letters sent this week to reject HB 1659, a
bill that would require licensing of all safety, health, environmental and
engineering professionals who work on mold analysis and remediation in Florida
except industrial hygienists. Intended to set standards for mold analysis and
remediation, the measure as written would reduce consumer access to needed mold
professionals in Florida and provide a loophole for certified industrial
hygienists to avoid consumer protection provisions that mold licensing would
provide.
“It’s disturbing
that a licensing bill meant to protect Floridians from fraud and unqualified
people would exempt one kind of practitioner,” ASSE President Mark Hansen, P.E.,
C.S.P., said. “Why would one group even want to exempt themselves from rules to
protect consumers? You don’t see one kind of lawyer or one medical specialty
trying to get out of Florida’s licensing laws. Most professionals understand the
benefits to the people they serve.”
Another problem area for consumers in the bill, Hansen noted, is that mold
professional licensing would be under the Florida Department of Health, not the
Department of Business and Professional Regulations where all other professions
are licensed in Florida.
“Not being treated like other professionals would create an unfortunate conflict
of interest. A mold professional representing a client could be in a position of
having to negotiate with the department over remediation issues. If the
Department of Health holds that professional’s license, how can he or she
independently represent a client?” Hansen said. “If it is important enough to
license safety, health, environmental and engineering professionals in Florida
they should be afforded the same consideration and benefits under law as other
professionals licensed in Florida.
“Additionally, not enough is known about the actual threats posed by mold at
this time to warrant this kind of legislative action,” Hansen said. “And, if
this bill goes forward, it would actually limit the number of qualified
occupational safety, health, environmental and engineering professionals who now
help Florida businesses and individuals address possible health threats from
mold. This bill would also unfairly give certified industrial hygienists a
government-sanctioned competitive advantage over a professional activity that
other equally qualified – and in some cases more qualified –safety, health,
environmental and engineering professionals now provide in Florida.”
“When it comes to the broader mold issue, we hope that Florida moves with
caution,” Hansen added. “Any action should be taken only after the widest
possible variety of medical, environmental, safety and engineering experts have
been consulted. Given the cost that Florida taxpayers will be asked to pay in
setting up another new licensing bureaucracy, not to mention requiring mold
remediation and analysis standards to be written by the state, it seems best to
make sure that any investment made will address actual health threats.”
Additionally, given the many costly health and security threats that all states
are being asked to address now, Hansen added, Florida officials should make
certain that any investment it makes is truly necessary and addresses a real,
measurable problem.
ASSE and its members, Hansen said, stand ready to work with the Florida
legislature to address their constituents’ concerns over the threat of mold.
Safety engineers created the non-profit American Society of Safety Engineers in
New York City in 1911. The Des Plaines, IL-based ASSE now has more than 30,000
occupational safety, health and environmental professional members located
globally who manage, supervise, research and consult on safety, health,
transportation and environmental issues in all industries, government, labor and
education. Of those 30,000 members, nearly 1500 work and live in Florida and
belong to ASSE chapters in Cocoa Beach, Orlando, Sarasota, Palm Beach,
Jacksonville, Pensacola, Miami and St. Petersburg.
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