Ohio Admin. Code 3745-22-07 - Application, criteria, and standards for approval of asbestos hazard abatement training courses
(A)
The director
shall acknowledge receipt of an application for approval of any training course
within ten working days of receipt. The director shall 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:
(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 E, appendix C.
(B)
Any person may apply to the director for approval of a
course by submitting a written application to the director and paying a
non-refundable fee of nine hundred dollars for an initial course and three
hundred dollars for a refresher course. To be approved for this purpose, a
training course shall meet all of the following criteria, in addition to the
applicable requirements of paragraph (D) of this rule:
(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 E, 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 for twenty years of persons
who have attended or completed the course and of their attendance and
completion dates, which information shall be provided to the director upon
request. Records shall 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 a certificate to each student who
satisfactorily completes the course and examination. The certificate shall
contain 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.
(C)
Any person
sponsoring an initial or refresher training course shall annually complete and
submit to the director an application on the form prescribed by the director.
An application shall be accompanied by the appropriate fee set forth in
paragraph (B) of this rule.
(D)
No person other
than the Ohio environmental protection agency shall conduct or offer to conduct
any initial or refresher training course or examination required by this
chapter unless that person is approved by the director to sponsor the courses
and examinations. In conducting any such course or examination, the agency and
the approved training provider shall administer the course and examinations
according to the United States environmental protection agency "Model
Accreditation Plan," 40 CFR 763, Subpart E, appendix C, and Chapter 3745-22 of
the Administrative Code.
(E)
At a minimum, an asbestos hazard abatement specialist
course shall provide curriculum topics, hours of instruction and an examination
in accordance with the requirements for the discipline of "asbestos abatement
contractors and supervisors" found in the United States environmental
protection agency "Model Accreditation Plan," 40 CFR 763, Subpart E, appendix
C.
(F)
At a minimum, an asbestos hazard evaluation specialist
course shall provide curriculum topics, hours of instruction and an examination
in accordance with the requirements for the disciplines of "inspectors" and
"management planners" found in the United States environmental protection
agency "Model Accreditation Plan," 40 CFR 763, Subpart E, Appendix
C.
(G)
At a minimum, an asbestos hazard abatement worker
course shall provide curriculum topics, hours of instruction and an examination
in accordance with the requirements for the discipline of "asbestos abatement
workers" found in the United States environmental protection agency "Model
Accreditation Plan," 40 CFR 763, subpart E, Appendix C.
(H)
At a minimum, an
asbestos hazard abatement project designer course shall provide curriculum
topics, hours of instruction and an examination in accordance with the
requirements for the discipline of "abatement project designers" found in the
United States environmental protection agency "Model Accreditation Plan," 40
CFR 763, Subpart E, Appendix C.
(I)
An asbestos
hazard abatement air-monitoring technician course shall provide a combined
total of at least fifteen clock hours of instruction including at least two
hours of hands-on training and an examination comprised of fifty multiple
choice questions, both of which adequately addresses each of the following
topics:
(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.
(J)
After an applicant receives notice from the director
that the application for approval of an asbestos training course has been
granted, to maintain approval status, the applicant shall do the
following:
(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.
Replaces: 3701-34-07
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
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