40.1-142 - Exemptions. - Virginia Statutes

§ 40.1-142. Exemptions.

A. The provisions of this chapter shall not prohibit any person who is notcertified as a Certified Associate Industrial Hygienist, Certified IndustrialHygienist, Industrial Hygienist in Training, Certified Safety Professional,Associate Safety Professional, Occupational Health and Safety Technologist,or Construction Health and Safety Technologist from performing industrialhygiene and safety functions so long as such person does not representhimself to the public as being a Certified Associate Industrial Hygienist,Certified Industrial Hygienist, Industrial Hygienist in Training, CertifiedSafety Professional, Associate Safety Professional, Occupational Health andSafety Technologist, or Construction Health and Safety Technologist.

B. Nothing in this chapter shall be construed as authorizing a personcertified as a Certified Associate Industrial Hygienist, Certified IndustrialHygienist, 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 ofarchitecture or engineering, nor to restrict or otherwise affect the rightsof any person licensed as an architect or professional engineer under Chapter4 (§ 54.1-400 et seq.) of Title 54.1.

C. Nothing in this chapter shall apply to employees of the Department whilethey are engaged in the business of the Commonwealth; however, thissubsection shall not be construed to authorize an employee of the Departmentto use any of the certifications defined in § 40.1-139 unless such employeehas been certified as such by the ABIH, BCSP, or both, as applicable, andsuch certification has not lapsed or been revoked.

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

(2001, c. 742.)