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