34-44-9.1. No claim against certified contractor--Insurance.
If asbestos abatement is a part of any project, neither the owner, employees or agents of the owner, nor any other person may have any claim, right, or action against the prime contractor for any asbestos related injury or damage arising from the activities of a certified asbestos abatement subcontractor. Unless exempt under applicable state and federal law, no asbestos abatement work may be performed except by a certified asbestos contractor. A certified asbestos abatement subcontractor shall hold the owner and general contractor harmless from any liability arising from such subcontractor's activities on the project. A certified asbestos abatement contractor shall cause the owner and, if acting as a subcontractor, the general contractor to be named as additional insureds and provide sufficient proof of insurance for purposes of this section.
Source: SL 1990, ch 280, ยง6.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 44 - Asbestos Abatement Training Project
Section 34-44-1 - Definitions.
Section 34-44-2 - School building defined.
Section 34-44-3 - Promulgation of rules to establish asbestos abatement training program.
Section 34-44-4 - Training requirements--Sublevels of contractors and workers.
Section 34-44-7 - Duty of owner or operator to employ only certified asbestos contractors.
Section 34-44-9.1 - No claim against certified contractor--Insurance.
Section 34-44-10 - Asbestos abatement certificate--Requirements for issuance to contractor.
Section 34-44-12 - Suspension or revocation of contractor's certificate--Grounds.
Section 34-44-13 - Worker to hold certificate--Violation as misdemeanor--Civil penalty.
Section 34-44-14 - Issuance of worker certificate--Training course.
Section 34-44-15 - Worker review course as condition of certificate renewal--When required.
Section 34-44-16 - Procedure for submitting certificate and renewal application.
Section 34-44-17 - Suspension or revocation of contractor's or worker's certificate.
Section 34-44-18 - Approval of alternative procedure on case-by-case basis.
Section 34-44-19 - Rules for approval of training courses--Approval required to offer training.
Section 34-44-20 - Training approval requirements.
Section 34-44-21 - Contents of training course.
Section 34-44-22 - Ability and proficiency of person providing training course to be demonstrated.
Section 34-44-24 - Procedure for submitting approval and renewal applications.
Section 34-44-25 - Suspension or revocation of training course approval.
Section 34-44-26 - Rules for training reciprocity.
Section 34-44-29 - Certification as bid requirement.
Section 34-44-30 - Responsibility of Department of Agriculture and Natural Resources.
Section 34-44-32 - Responsibility of counties for providing disposal sites.
Section 34-44-33 - Certain persons not required to be certified.