                                 CODE OF VIRGINIA

EXEMPTIONS (§ 40.1-142)

A. The provisions of this chapter shall not prohibit any person who is not
certified as a Certified Associate Industrial Hygienist, Certified Industrial
Hygienist, Industrial Hygienist in Training, Certified Safety Professional,
Associate Safety Professional, Occupational Health and Safety Technologist, or
Construction Health and Safety Technologist from performing industrial hygiene
and safety functions so long as such person does not represent himself to the
public as being a Certified Associate Industrial Hygienist, Certified Industrial
Hygienist, Industrial Hygienist in Training, Certified Safety Professional,
Associate Safety Professional, Occupational Health and Safety Technologist, or
Construction Health and Safety Technologist.

B. Nothing in this chapter shall be construed as authorizing a person certified
as a Certified Associate Industrial Hygienist, Certified Industrial Hygienist,
Industrial Hygienist in Training, Certified Safety Professional, Associate
Safety Professional, Occupational Health and Safety Technologist, or
Construction Health and Safety Technologist to engage in the practice of
architecture or engineering, nor to restrict or otherwise affect the rights of
any person licensed as an architect or professional engineer under Chapter 4
(&#xA7; 54.1-400 et seq.) of Title 54.1.

C. Nothing in this chapter shall apply to employees of the Department while they
are engaged in the business of the Commonwealth; however, this subsection shall
not be construed to authorize an employee of the Department to use any of the
certifications defined in &#xA7; 40.1-139 unless such employee has been
certified as such by the ABIH, BCSP, or both, as applicable, and such
certification has not lapsed or been revoked.

D. Nothing in this chapter shall bar an otherwise qualified expert witness from
testifying in a court of this Commonwealth.

HISTORY: 2001, c. 742.