Kan. Admin. Regs. § 28-50-5 - Asbestos worker certification
(a) A person shall
not supervise or engage in an asbestos-removal project, an
asbestos-encapsulation project, or an asbestos-related dismantling project
unless that person has a valid class I or class II asbestos worker certificate
that has been issued in accordance with this regulation. Original certificates
for each person who is engaged in a project that requires certification shall
be available for inspection by the department at the project site.
(b) A class I or class II asbestos worker
certificate shall not be issued to any person, or renewed for that person,
unless the following requirements are met:
(1) The person has successfully completed a
basic training or annual review course within the preceding year that has been
approved in accordance with the requirements of K.A.R. 28-50-6 or otherwise
approved by the department.
(2)
The person applies for a certificate or renewal of a certificate on a form
provided by the department and submits, along with this application, a check or
money order for the fee prescribed in subsection (c) of this regulation.
Failure to comply with all requirements of this subsection within 60 days of
initial submittal of the application form shall void the application. Fees
accompanying voided applications shall not be returned.
(3) The person has complied with requirements
of paragraphs (1) and (2) of this subsection and has submitted an application
for renewal of a certificate not later than six months after the certificate
has expired. Failure to renew a certificate within this time period shall
require compliance with all requirements applicable to initial application for
a certificate.
(c)
Persons applying for a class I or class II asbestos worker certificate or
renewal of these certificates shall pay an annual fee of $20.00 for a class I
certificate or an annual fee of $40.00 for a class II certificate. This fee
shall cover a 12-month period beginning on the effective date of issuance of
the certificate or renewal. No portion of this fee shall be refunded if the
certificate is denied, suspended, or revoked during the 12-month period or if
the person no longer plans to engage in asbestos-abatement or asbestos-removal
projects during any portion of the 12-month period.
(d) A certificate issued under this
regulation may be suspended or revoked by the secretary if the secretary
determines that the holder has performed any of the following:
(1) Fraudulently or deceptively complied with
the requirements of subsection (b) of this regulation;
(2) willfully disobeyed any instructions or
written procedural policies provided by an employer for the purpose of
complying with these regulations;
(3) knowingly permitted another person to
represent that person as the holder of the certificate; or
(4) altered or modified the certificate in a
manner to represent facts that are untrue.
(e) Other provisions of this regulation
notwithstanding, a person shall not supervise or engage in removal,
encapsulation, enclosure, or repair of any friable asbestos-containing material
located in an elementary or secondary school or public and commercial building,
except as part of an asbestos-related maintenance operation, unless that person
is currently an accredited asbestos worker. Persons who engage in these
activities shall provide evidence, acceptable to the department, that the
person has been accredited by successfully completing a federal EPA-approved
training course, has been certified under a state program that has been
approved by the federal EPA, or has been certified in Kansas at the class I or
class II level, as appropriate, after completing training in compliance with
the requirements of this article.
Notes
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