Ohio Admin. Code 3745-22-07 - Application, criteria, and standards for approval of asbestos hazard abatement training courses
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, please see paragraph
(Z)
(AA) of
rule 3745-22-01 of the Administrative
Code, "referenced materials."]
(A)
The director shall perform the following:
(A)(1)
The director shall acknowledge
Acknowledge receipt of an application for approval of
any training course within ten working days of receipt.
The director shall review the
(2)
Review the
application and shall determine whether or not contingent approval will be
granted as meeting the criteria of section
3710.10 of the Revised Code and
the requirements of this rule within ninety days after the application is
deemed complete. Upon being granted contingent
approval, the director shall issue a document to the applicant affirming that
the asbestos hazard abatement training course substantially satisfies or will
substantially satisfy the criteria of section 3710.10 of the Revised Code and
the requirements of this rule. The director shall grant final approval of a
course only after an on-site audit by the director which reveals that the
course substantially satisfies the criteria in this rule. Course approvals
expire one year from the date of contingent or final approval. Subject to
Chapter 119. of the Revised Code, the director may deny or revoke contingent or
final approval of a training course if the director determines the course or
applicant does any of the following:
(3)
Issue a document
to the applicant affirming that the asbestos hazard abatement training course
substantially satisfies or will substantially satisfy the criteria of section
3710.10 of the Revised Code and
the requirements of this rule upon being granted contingent
approval.
(4)
Grant final approval of a course only after an on-site
audit by the director which reveals that the course substantially satisfies the
criteria in this rule. Course approvals expire one year from the date of
contingent or final approval.
(B)
Subject to
Chapter 119. of the Revised Code, the director may deny or revoke contingent or
final approval of a training course if the director determines the course or
applicant does any of the following:
(1)
Misrepresents the extent of its approval by the director or the United States
environmental protection agency.
(2) Fails to submit required information or
notifications in a timely manner.
(3) Fails to maintain required
records.
(4) Falsifies
accreditation records, instructor qualifications, or other accreditation
information.
(5) Violates or
threatens to violate any provision of either of the following:
(a) Chapter 3710. of the Revised Code or this
chapter .
(b) The United States
environmental protection agency "Model Accreditation Plan," 40 CFR 763,
subpart
Subpart E, appendix
Appendix
C.
(1) Instruction is provided by persons
approved by the director . The applicant shall submit the following information
for each person to be approved as an instructor:
(a) A completed training course instructor
application on a form prescribed by the director .
(b) A certificate of successful completion of
a United States environmental protection agency or state approved initial
course specific to the discipline for which the person intends to
teach.
(c) A written verification
of a minimum of six months of educational or occupational experience related to
the discipline of the course which the person is intending to teach.
(2) Any person sponsoring an
initial or refresher training course shall include a closed-book examination at
the conclusion of each course. In addition to examination requirements found in
the United States environmental protection agency "Model Accreditation Plan" 40
CFR 763, subpart
Subpart E, appendix
Appendix C,
each examination shall meet the following criteria :
(a) Adequately cover the topics included in
the training course for the appropriate discipline.
(b) Require a passing score of at least
seventy per cent.
(c) Consist of at
least the following number of multiple choice questions for each respective
discipline:
(i) Fifty for a refresher asbestos
hazard abatement specialist .
(ii)
Fifty for a refresher asbestos hazard evaluation specialist .
(iii) Fifty for a refresher asbestos hazard
abatement worker .
(iv) Fifty for a
refresher asbestos hazard project designer.
(d) Be administered in a manner that ensures
the following:
(i) No contents are revealed to
any student prior to the examination.
(ii) The security of any written examination
materials is ensured.
(iii) All
students who pass the examination do so on their own merits.
(iv) No written material other than the
examination materials can be viewed by any student during the
examination.
(v) A proctor is
present for the duration of the examination.
(e) Permit a student to retake the final
written examination after having failed to achieve a passing score. The
reexamination may be taken two times, allowing a student a total of three
opportunities to pass the required examination. A student shall retake any
asbestos training course examination within a two week period following the
completion of the initial or refresher asbestos training course. Failure of the
student to pass the third attempt shall require the student to retake the
entire appropriate asbestos training course.
(3) Any person sponsoring a refresher
training course shall verify, by examining each student's previous certificate ,
that each student possesses a valid accreditation before granting admission to
the refresher course and that the student's previous initial or refresher
course is for the same discipline as the refresher course. Valid accreditation
means that the student's most recent accreditation has not been expired for a
period of more than twelve months from the expiration date.
(4)
Records shall
be maintained
Maintain records for twenty
years of persons who have attended or completed the course and of their
attendance and completion dates, which information
shall be provided
provide records to the
director upon request. Records shall
and include the following information:
(a) Name, certificate number, certificate
discipline, exam score of student and a current, original, and clear, color
photograph of the student for the purpose of providing proper
identification.
(b) Dates of course
attendance and course location.
(c)
A copy of the administered exam, the date upon which the exam was administered
and the name of the person who proctored the exam.
(5)
Issuance
of
Issue a certificate to each student
who satisfactorily completes the course and examination. The certificate shall contain
containing the following information:
(a) Name of student.
(b) Certificate number.
(c) Course name, dates attended, and course
expiration date.
(d) Name address,
and phone number of approved training provider.
(e) Signature of the approved training
provider.
(f) Date of the
exam.
(g) A statement that the
person receiving the certificate has completed the requisite training for
asbestos accreditation under TSCA title II.
(h) A current, color, original, and clear,
passport type photograph of the student for the purpose of providing proper
identification.
(1) The physical characteristics of asbestos
and asbestos -containing materials.
(2) Potential health effects related to
asbestos -exposure.
(3) Medical
monitoring.
(4) Employee personal
protective equipment and personal hygiene.
(5) Relevant federal, state and local
regulations and state-of-the-art sampling methodologies.
(6) Record keeping and chain of
custody.
(7) Writing and reading
clearance air sampling specifications.
(8) Visual clearance inspections.
(9) Laboratory procedures and
equipment.
(10) Calibrators and
sampling equipment.
(11)
Calibration and set up of sampling equipment.
(12) Problems encountered in the
field.
(13) Course
review.
(1) Conduct
the approved training course in strict accordance with the approved
application.
(2) Notify the
director , in writing, prior to conducting any approved training course , of any
change in course materials, instructors, or any other aspect of the training
program that would render the information contained in the application for
approval no longer accurate.
(3)
Notify the director , in writing, at least two weeks prior to the curtailment or
discontinuance of the approved training course of its plans for disposition of
records. Upon notification, the director may take possession of the approved
training provider's records.
(4)
Provide any additional information to the director upon request.
(5) Permit access to records by the director
upon request.
(6) Notify the
director , in writing, on a form prescribed by the director at least ten
business days prior to the start of any approved training course .
(7) Submit to the director in writing, by the
tenth calendar day of each month, the following:
(a) The dates that any approved training
course was held during the previous month.
(b) The name of the approved training
course .
(c) The student's names and
course completion certificate numbers.
(8) Notify the director , in writing, on a
form prescribed by the director , of any change in a training course
notification that would render the information in the notification no longer
accurate.
(9) Afford the director
the opportunity to conduct an on-site audit of the training course anytime
during an actual course conducted in the state.
Notes
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.10
Prior Effective Dates: 03/23/1987 (Emer.), 07/20/1987, 03/03/1988, 12/07/1990, 02/01/1994, 09/19/2004, 09/01/2010, 11/13/2014, 01/01/2018
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