Henning

This case involves a challenge to administrative regulations promulgated by the respondent Division of Occupational Safety and Health (Division) dealing with asbestos-related work. The central dispute turns on the interplay between two statutes governing asbestos-related work. The first, Labor Code section 6501.5, mandates that “any employer or contractor who engages in asbestos-related work” of a defined area “shall register with the [Division.” The second, Business and Professions Code section 7058.5, subdivision (a), provides that “no contractor shall engage in asbestos-related work” of the defined area “unless the qualifier for the license passes an asbestos certification examination.” Exempted from this certification requirement, however, are “contractors involved with the installation, maintenance, and repair of asbestos cement pipe or sheets, vinyl asbestos floor materials, or asbestos bituminous or resinous materials." The chai lenged regulation purports to relieve these same contractors exempted from examination from the duty to register with the Division as well. It provides that “[a]ny contractor who is not required to take an asbestos certification examination…