Fla. Admin. Code Ann. R. 61E1-2.006 - Asbestos Training Courses and Providers

(1) Each training course provider must be approved by the Department as a course provider and each training course must be approved by the Department. Provider and course approvals are valid for four (4) years until May 31st of every other odd numbered year and must be renewed prior to expiration. Applications for course provider and training course approval must be submitted using Form DBPR ALU 7, "Application for Education Course Provider, " effective December 2012, incorporated and adopted herein, which may be found at https://www.flrules.org/Gateway/reference.asp?No=Ref-02482, together with the appropriate fee as specified in Rule 61E1-3.001, F.A.C. Applications for training course approval must be submitted using Form DBPR ALU 8, "Education Course Application, " effective December 2012, incorporated and adopted herein, which may be found at https://www.flrules.org/Gateway/reference.asp?No=Ref-02483, together with the appropriate fee as specified in Rule 61E1-3.001, F.A.C. The forms may be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0767 or at www.myfloridalicense.com. Any substantial change in the course content will require the provider to reapply to the Department for approval.

(2) Definitions.

(a) Training Course: An initial course of study which provides the educational experience required for asbestos related occupational certification pursuant to Sections 469.005, 469.012 and 469.013, F.S.

(b) Refresher Course: Refresher training required each year to maintain accreditation. For an asbestos consultant, the refresher courses shall include one half day of Asbestos Survey and Mechanical Systems Course, one half day of Asbestos Management Planning Course and one full day of Project Designer Course. For an asbestos contractor, the refresher course shall include one full day of Asbestos Contractor/Supervisor Course.

(c) Training Course Provider: An entity and any of its agents engaged in providing training courses and refresher courses as required by this chapter.

(d) Training Day: The equivalent of 8 hours including breaks and lunch. Breaks and lunches are not to exceed 1.5 hours of each training day.

(e) Training Instructor: Any person approved by the Department to conduct asbestos training for a Department approved asbestos course. Outside experts brought in to address a specific topic or subset of the course are not considered training instructors.

(f) Regulatory Review: As used in this rule, regulatory review means review concerning applicable regulations including but not limited to the EPA Worker Protection Rule, Toxic Substance Control Act Title II, OSHA 29 C.F.R. 1926, 1101, NESHAP 40 C.F.R. Part 61, subpart M, Chapter 469, F.S., Sections 255.551-.565, F.S., the Florida Department of Environmental Protection Fee chapter 62-257, F.A.C., and local regulations.

(3) A training course provider must meet the standard set forth in 40 C.F.R. Part 763, Appendix C to Subpart E, 59 FR 5251, as amended November 12, 2010 and incorporated herein by reference. Copies can be obtained by writing the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0767, or at http://www.gpo.gov/fdsys/pkg/CFR-2011-title40-vol31/pdf/CFR-2011-title40-vol31-part763-subpartE-appC.pdf. The following providers and courses shall be approved.

(a) Training providers and courses approved by a state that has a written reciprocating agreement with the Department.

(b) Training courses recognized by the Environmental Protection Agency and listed in the National Directory of Asbestos Hazard Emergency Response Act Accredited Courses as set forth in 40 C.F.R. Part 763, Appendix C to Subpart E, as amended November 12, 2010 and incorporated herein by reference.

(4) The application for the provider and course approval shall include but is not limited to the following information.

(a) The course provider's name, address, telephone number, and social security number or federal tax identification number.

(b) A list of states that currently approve the training course.

(c) The course curriculum. Courses must at a minimum demonstrate the inclusion of the following curriculum content areas for initial training and refresher courses:

1. Asbestos abatement worker course (initial) shall include a minimum of 4 training days with a minimum of 14 hours of hands-on training. Additionally an examination of at least 50 multiple choice questions, with a passing score of 70 percent must be given to each person seeking accreditation. The training course shall address the following topics:

a. Physical characteristics of asbestos;

b. Potential health effects related to asbestos exposure;

c. Employee personal protective equipment;

d. State-of-the-art work practices;

e. Personal hygiene;

f. Additional safety hazards;

g. Medical monitoring;

h. Air monitoring;

i. Regulatory review;

j. Establishment of respiratory protection programs; and

k. Course review.

2. Asbestos abatement worker course (refresher) shall include a minimum of 1 training day. The training course shall address the following topics:

a. Physical characteristics of asbestos;

b. Potential health effects related to asbestos exposure;

c. Employee personal protective equipment;

d. State-of-the-art work practices;

e. Personal hygiene;

f. Additional safety hazards;

g. Air monitoring;

h. Regulatory review; and

i. Course review to include a multiple choice test with a minimum 70% passing score.

3. Asbestos abatement project management and supervision course (initial) shall include a minimum of 5 training days with a minimum of 14 hours of hands-on training. This course also fulfills the requirements of an asbestos roofing course as required in Section 469.012(3), F.S. Additionally an examination of at least 100 questions in an objective test format, with a passing score of 70 percent must be given to each person seeking accreditation. The training course shall address the following topics:

a. Physical characteristics of asbestos and asbestos-containing material;

b. Potential health effects related to asbestos exposure;

c. Employee personal protective equipment;

d. State-of-the-art work practices;

e. Personal hygiene;

f. Additional safety hazards;

g. Medical monitoring;

h. Air monitoring;

i. Regulatory review;

j. Respiratory protection and medical surveillance programs;

k. Insurance and liability issues;

l. Record keeping for asbestos abatement projects;

m. Supervisory techniques for asbestos abatement activities;

n. Contract specifications; and

o. Course review.

4. Asbestos abatement project management and supervision course (refresher) shall include a minimum of 1 training day. The training course shall address the following topics:

a. Employee personal protective equipment;

b. State-of-the-art work practices;

c. Personal hygiene;

d. Additional safety hazards;

e. Medical monitoring;

f. Air monitoring;

g. Regulatory review;

h. Respiratory protection and medical surveillance programs;

i. Insurance and liability issues;

j. Record keeping for asbestos abatement projects;

k. Supervisory techniques for asbestos abatement activities; and

l. Course review to include a multiple choice test with a minimum 70% passing score.

5. Building asbestos abatement surveys and mechanical systems (initial) shall include a minimum of 3 training days, with a minimum of 4 hours of hands-on training (to include conducting a simulated building walk-through inspection and respirator fit testing). The training course shall address the following topics:

a. Background information on asbestos;

b. Potential health effects related to asbestos exposure;

c. Functions/qualifications and role of inspectors;

d. Legal liabilities and defenses;

e. Understanding building systems;

f. Public/employee/building occupant relations;

g. Pre-inspection and review of previous inspection records;

h. Inspecting for friable and non-friable asbestos containing material and assessing the condition of friable asbestos containing material;

i. Bulk sampling/documentation of asbestos;

j. Inspector respiratory protection and personal protective equipment;

k. Record keeping and writing the inspection report;

l. Regulatory review; and

m. Course review.

6. Building asbestos abatement surveys and mechanical systems (refresher) shall include a minimum of one-half training day. The training course shall address the following topics:

a. Functions/qualifications and role of inspectors;

b. Legal liabilities and defenses;

c. Understanding building systems;

d. Public/employee/building occupant relations;

e. Review of previous inspection records;

f. Inspecting for friable and non-friable asbestos containing material and assessing the condition of friable asbestos hazard emergency;

g. Bulk sampling/documentation of asbestos;

h. Regulatory review; and

i. Course review to include a multiple choice test with a minimum 70% passing score.

7. Asbestos abatement management planner course (initial) shall include a minimum of 2 training days, with hands-on training (to include analysis and application of an operation and maintenance plan). Completion of the building asbestos abatement surveys and mechanical systems or inspector course must be demonstrated prior to attendance. The training course shall address the following topics:

a. Course overview;

b. Evaluation and interpretation of survey results;

c. Hazard assessment;

d. Legal implications;

e. Evaluation and selection of control options;

f. Role of other professionals;

g. Developing an operations and maintenance plan;

h. Regulatory review;

i. Record keeping for the management planner;

j. Assembling and submitting the management plan;

k. Financing abatement actions; and

l. Course review.

8. Asbestos abatement management planner course (refresher) shall include a minimum of one-half training day. The training course shall address the following topics:

a. Legal implications;

b. Evaluation and selection of control options;

c. Role of other professionals;

d. Developing an operations and maintenance plan;

e. Regulatory review;

f. Record keeping for the management planner;

g. Assembling and submitting the management plan; and

h. Course review to include a multiple choice test with a minimum 70% passing score.

9. Asbestos abatement respiratory protection course shall include a minimum of 3 training days, to include a minimum of 8 hours hands-on training. The training course shall address the following topics:

a. Course overview;

b. Terminology;

c. Respiratory system/medical recommendations;

d. Respiratory hazards and overview;

e. Selection of respirators and decision making;

f. Establishing and maintaining a respiratory protection program; and

g. Cleaning, maintenance, storage, and inspection of respirators, fit testing (qualitative and quantitative), and protection factors.

10. Asbestos Abatement Project Designer course (initial) shall include a minimum of 3 training days. The project designer course shall include lectures, demonstrations, a field trip, course review, and a written examination of at least 100 multiple choice questions, with a passing score of 70 percent correct. The abatement project designer training course shall adequately address the following topics:

a. Background information on asbestos;

b. Potential health effects related to asbestos exposure;

c. Overview of abatement construction projects;

d. Safety system design specifications;

e. Field trip;

f. Employee personal protective equipment;

g. Additional safety hazards;

h. Fiber aerodynamics and control;

i. Designing abatement solutions;

j. Final clearance process;

k. Budgeting cost estimating;

l. Writing abatement specifications;

m. Preparing abatement drawings;

n. Contract preparation and administration;

o. Legal/liabilities/defenses;

p. Replacement;

q. Role of other consultants;

r. Occupied buildings;

s. Relevant Federal, State, and local regulatory requirements, procedures, and standards; and

t. Course review.

11. Asbestos Abatement Project Designer (refresher) shall include a minimum of one full day of training. The refresher course shall include the review and discussion of changes in Federal, State and local regulations, developments in state-of-the-art procedures as well as the following:

a. Potential health effects related to asbestos exposure overview;

b. Safety system design specifications review;

c. Additional safety hazards (review of safety considerations);

d. Fiber aerodynamics and control (review of air monitoring requirements);

e. Abatement materials and methods update;

f. Writing abatement specifications review;

g. Legal/liabilities/defenses; and

h. Course review to include a multiple choice test with a minimum 70% passing score.

12. Asbestos abatement sampling course shall include a minimum of 4 training days, to include a minimum of 16 hours hands-on training. The training course shall address the following topics:

a. Course overview;

b. Sampling and air flow calibration equipment;

c. Microscopes, accessories, adjustments, calibration and 1-hour review, sampling procedures and calibrations, sampling equipment (pump) placement, statistical calculations and counting procedures, image quality investigation, slide counting procedures and analysis, comprehensive lab and quality control; and

d. Course review.

13. Worker training for work with asbestos containing flooring material as described in Section 469.002(3), F.S., shall include hands on training and a minimum of 1 training day. Additionally an examination of at least 25 objective (i.e., multiple choice or true/false) questions, with a passing score of 70 percent must be given to each person seeking certification. The training course shall address the following topics:

a. Physical characteristics and methods of recognizing asbestos;

b. Potential health effects related to asbestos exposure;

c. Relationship between smoking and asbestos related diseases including a list of names, addresses and phone numbers of public health organizations which provide information and conduct programs concerning smoking cessation;

d. Employee personal protective equipment including decontamination and emergency procedures;

e. Regulatory review;

f. State-of-the-art work practices including removal procedures for resilient floor tile, resilient sheet flooring, and residual asphaltic adhesive as prescribed by OSHA;

g. Medical surveillance program requirements;

h. Waste disposal procedures and requirements;

i. Sign posting and labeling requirements; and

j. Noticing requirements as prescribed in Section 469.002(3)(d), F.S.

14. Supervisor training for the supervision of intact removal of resilient flooring material shall include a minimum of one half day training in addition to successful completion of the 1 day worker training in subparagraph 61E1-2.006(3)(c) 11., F.A.C. The additional one half day training will include an examination of at least 25 objective (i.e., multiple choice or true/false) questions on the following topics, with a passing score of 70 percent for certification:

a. Prework activities and considerations including a list of common building materials containing asbestos;

b. Assessment of the work area including site preparation and safety hazards;

c. Supervising workers which includes goal setting, establishing expectations, motivating, and providing clear instructions;

d. Course review.

15. On site roofing supervisor training for the purpose of meeting the exemption of Section 469.002(2), F.S., and described in Section 469.012(3), F.S., shall be equivalent to the requirements of the competent person as defined by OSHA for work with Class II roofing material under 29 C.F.R., Part 1926.1101, as it existed on September 1, 1997, which is hereby incorporated by reference and made a part of this rule.

(d) A statement from the course provider clearly indicating compliance with the requirements of subsection 61E1-2.006(2), F.A.C., and:

1. The length of training days;

2. The amount and a description of hands-on training;

3. The length, format and passing score of the examination; and

4. The topics covered in the course.

(e) A copy of all course materials, including student manuals, instructor notebooks, handouts, videotapes and any other materials requested by the Department.

1. Pursuant to 40 C.F.R., Part 763, Appendix C to Subpart E, the asbestos worker courses are the only courses approved to be conducted in a language other than English.

2. Any course provider who wishes to conduct a course in a language other than English must comply with the following:

a. Translate the course into other language;

b. Provide the translated course material to the Department;

c. Give written assurance with the submission of the course that the translation has been checked for accuracy; and

d. Give assurance that the instructor is fluent in the language that the course is being taught and that no additional translator is being used.

(f) A detailed statement about the development of the examination used in the course, including the number of questions in the item bank, the names and qualifications of the persons or entities who developed the examination, and the psychometric data used to support the validity of the examination.

(g) The names and qualifications of course instructors. Instructors must have academic credentials or certification, and field experience in asbestos abatement. Instructors must have completed both initial and refresher courses from an approved provider in the course(s) they instruct. Such proof of course completion will be required to be documented in the application. The list of instructors and their qualifications must be updated and submitted to the Department whenever changes are made. Outside experts may address topics including but not limited to legal liabilities and defenses, insurance and liability issues, and regulatory review.

(h) A description and example of the certificate of successful completion issued to students who attend the course and pass examination.

(i) A fee as provided in this rule, which must be received by the Department in order for the application for approval to be deemed complete.

(5) Advertising of Training and Refresher Courses:

(a) A course provider may not advertise a course as one approved by the Department until such approval is granted;

(b) A course provider may not include any false or misleading information regarding the contents, instructors, or number of classroom hours of any course approved under this rule;

(c) Once approved, the course provider shall use the course number in the course syllabus, in all other course materials used in connection with the course, and in all written advertising materials used in connection with the course; and

(d) Upon completion of an initial or refresher course, the provider shall issue a completion certificate listing the name and license number of the attendee, the name and course number, the provider name and registration number, the date the course was offered, the instructor name, and the length of the course.

(6) Training course audits.

(a) The Department shall, conduct on-site audits of in person training courses. The Department shall conduct online audits of online training courses which shall include:

1. Training course content;

2. Technical accuracy;

3. Instructor effectiveness; and

4. Course administration.

(b) Such audits may be conducted without advance notice if the Department has reasonable cause to believe that a violation of this rule or Chapter 469, F.S., has occurred.

(c) Training course providers who are located outside this state must meet the requirements of this section in either of the following ways:

1. The training course provider will make arrangements for the Department representatives to conduct an on-site review of the training course located outside the state at no charge, including travel, subsistence, and lodging costs as provided in Section 112.061, F.S.

2. Another state in which the training provider is approved has a reciprocal agreement with this state for auditing of training courses for compliance with the standards set forth in this rule.

(d) All training course providers shall provide copies of course materials and other necessary information to the Department for courses being audited at no cost to the Department.

(7) Upon a change of instructors, the provider shall submit the credentials of the new instructor to the Department for approval.

(8) The Department will seek written reciprocal agreements with other states where equivalency of asbestos accreditation requirements with the Florida requirements can be demonstrated.

(9) Fees.

(a) Fees for initial training course review shall be $350.00 per training day. Courses with a duration of eight hours will be assessed at the 8-hour day rate ($350.00). An additional $350.00 will be assessed for each 8-hour day of training above the minimum days of training specified in sections 469.001-.015, F.S., and those set forth in 40 C.F.R. Part 763, Appendix C to Subpart E, as it existed on September 1, 1997. Courses with a duration of four hours of training will be assessed $175.00. Courses with a duration of eight hours will be assessed at the 8-hour day rate ($350.00).

(b) Fees for refresher training course approval shall be as follows:

1. $175.00 - per 4-hour day;

2. $250.00 - per 8-hour day.

(c) All application fees are non-refundable.

(10) Records.

(a) Training course providers shall be responsible for maintaining records of all persons taking approved courses for a minimum of 3 years from the date of the course. Copies of such records shall be released upon written request by the trainee and shall be made available to the Department at any time upon request of the Department.

(b) Upon ceasing to provide training and/or refresher courses, the provider shall forward all records relating to persons trained to the Department within 60 days. Such records shall include class rosters, examination scores, certificates issued, and any other record which may be used to verify training. Upon receipt of the records, the Department shall void the provider's certificate.

(c) Any changes in the course provider name, address, telephone number, course curriculum and/or instructors must be submitted in writing to the Department, within 30 days of such change.

(d) The provider must comply with the requirements stated in subsection 61-6.015(5), F.A.C., as a condition of approval as a course provider and provide the attendee list to the Department in the prescribed electronic format of all licensees who attended refresher courses to obtain continuing education credits. The provider is required to resolve reporting conflicts with the licensee by the expiration date of the training or refresher course.

(e) The course provider shall not offer any training courses if the provider status is expired or under discipline.

(f) The provider must submit attendance rosters of all Florida licensed consultants and contractors who have attended refresher courses within 30 days of completion of such course(s). The roster should include the licensee name, course number, course name, date the course was administered and the provider number.

(g) If the provider status is revoked by the Department, the provider cannot reapply to be registered as a provider for two years from the date of the Final Order revoking the registration.

(11) The application for online courses shall include the total number of classroom or interactive distance learning hours, the course syllabus, a detailed outline of the contents of the course, the name and qualifications of all instructors and minimum qualifications of all instructors. Online training courses are only available for refresher courses. In addition, a course provider applying to offer interactive distance learning courses must meet applicable classroom course requirements and must submit documents indicating the following:

(a) The means by which the course provider is able to monitor student enrollment, involvement, participation, course completion, and comprehension of content at regular intervals.

(b) The means by which the course provider will be able to satisfactorily demonstrate that stated course hours are consistent with the actual hours spent by each student to complete the course.

(c) The means by which the provider will provide necessary support throughout the course including, but not limited to, the means by which the course provider will respond to student inquiries within 24 hours of receipt.

(d) That the student will be required to complete a statement at the beginning and end of the course that indicates that he/she personally completed each module/session of instruction.

(e) The means by which the course provider will verify student identification and completion of initial course.

Notes

Fla. Admin. Code Ann. R. 61E1-2.006

Rulemaking Authority 455.2035, 455.213, 455.2123, 455.2178, 469.011, 469.014 FS. Law Implemented 455.213, 455.2178, 469.008, 469.014 FS.

New 5-12-93, Formerly 21-23.006, Amended 8-17-94, 11-24-97, 3-23-04, 12-28-05, 2-5-13, Amended by Florida Register Volume 45, Number 172, September 4, 2019 effective 9/15/2019.

New 5-12-93, Formerly 21-23.006, Amended 8-17-94, 11-24-97, 3-23-04, 12-28-05, 2-5-13, 9-15-19.