Or. Admin. Code § 340-248-0140 - Licensing and Certification Requirements: Training Provider Accreditation
(1) General:
(a) A person may apply to become an Oregon
accredited asbestos training provider under this division.
(b) Only training providers DEQ accredits may
offer training in Oregon to satisfy the certification requirements contained in
this division.
(c) DEQ will
accredit each individual training course.
(d) Course instructors must have academic
credentials, demonstrated knowledge, prior training, or field experience in
their respective training roles.
(e) Training course providers must permit
representatives of DEQ or its designee to attend, evaluate and monitor a
training course without charge. DEQ is not required to give advance notice of
its inspection. DEQ may suspend or withdraw approval of a training course based
on the grounds specified in OAR
340-248-0140(4).
(f) All initial worker and supervisor
certification training, or initial refresher training involving persons wishing
to be certified in Oregon using prior training from an EPA approved
accreditation or certification course, must take place in Oregon.
(g) DEQ may require accredited training
providers to pay a fee to cover the reasonable travel expenses for one DEQ
representative to audit for compliance with this division any accredited
refresher course that is not offered in the State of Oregon. This fee is an
addition to the standard accreditation application fee.
(2) Application for Accreditation:
(a) Applicants must submit applications for
accreditation to DEQ in writing on forms DEQ provides and include the
information this section requires:
(A) Name,
address, telephone number of the firm, individual, or sponsor conducting the
course, including the name under which the training provider intends to conduct
the training;
(B) The type of
course for which the applicant requests approval;
(C) A detailed course outline showing topics
covered and the amount of time given to each topic, and that includes: working
with asbestos-substitute materials, fitting and using respirators, use of glove
bag, donning protective clothing, constructing a decontamination unit, the
number of students to be accommodated, the number of instructors, and the
amount of time for hands-on skill training;
(D) A copy of the course manual, instructor
notebooks and all printed material to be distributed in the course;
(E) A description of teaching methods to be
employed, including description of audio-visual materials to be used. Upon
DEQ's request the applicant must provide copies of the materials. Audio-visual
materials provided to DEQ will be returned to the applicant;
(F) A description of the hands-on facility to
be utilized including protocol for instruction;
(G) A description of the equipment that will
be used during classroom lectures and hands-on training;
(H) A list of all personnel involved in
course preparation and presentation and a description of the background,
special training and qualification of each, as well as the subject matter
covered by each;
(I) A copy of each
written examination to be given including the scoring methodology to be used in
grading the examination; and a detailed statement about the development and
validation of the examination;
(J)
A list of the tuition or other fees required;
(K) A sample of the certificate of
completion;
(L) A description of
the procedures and policies for re-examining students who do not successfully
complete the training course examination;
(M) A list of a state or accrediting system
that approve the training course;
(N) A description of student evaluation
methods (other than written examination to be used) associated with the
hands-on skill training and course evaluation methods students use;
(O) Restrictions on attendance such as class
size, language, affiliation, or target audience of class;
(P) A description of the procedure for
issuing replacement certification cards to workers who were issued a
certification card by the training provider within the previous 12 months and
whose cards have been lost or destroyed;
(Q) Additional information or documentation
DEQ may require in order to evaluate the adequacy of the application;
and
(R) The accreditation
application fee.
(b) The
training provider must retain a copy of the application materials listed above
for at least three years. The applicant must make such applications available
for inspection by DEQ or its designees upon request.
(c) An applicant must submit the application
for initial training course accreditation and course materials to DEQ at least
45 days before the requested approval date.
(d) Upon approval of an initial or refresher
asbestos training course, DEQ will issue a certificate of accreditation. The
certificate is valid for one year from the date of issuance.
(e) Application for renewal of accreditation
must follow the procedures described for the initial accreditation. In
addition, course instructors must demonstrate that they have maintained
proficiency in their instructional specialty and adult training methods during
the 12 months before renewal.
(3) Training Provider Administrative Tasks.
Accredited training providers must perform the following as a condition of
accreditation:
(a) Administer the training
course only to those persons who DEQ has approved, or have surrendered their
expired certification cards to the trainer and others who are otherwise
qualified according to these rules. Such persons may take the examination to
complete the training course.
(b)
Issue a numbered certificate and a photo certification card to each student who
successfully passes the training course examination and meets all other
requirements for certification. Each certificate and photo certification card
must include:
(A) A unique certificate
number;
(B) Name of certified
person;
(C) Training course
completed;
(D) Dates of the
training course;
(E) Date of the
examination;
(F) An expiration date
of one year after the date upon which the person successfully completed the
course and examination;
(G) The
name, address, and telephone number of the training provider that issued the
certificate; and
(H) A statement
that the person receiving the certificate has completed the requisite training
for asbestos certification as specified in OAR-340-248-0130.
(c) Provide DEQ with advance
payment for each certificate to be issued.
(d) Utilize and distribute to all class
participants, as part of the course information, training aides DEQ
furnishes.
(e) Provide DEQ with a
monthly class schedule at least one week before the schedule begins.
Notification must include time and location of each course. Training providers
must obtain DEQ approval before starting or offering a class that is not on the
provider's monthly schedule, and if the trainer wishes to hold a class with
less than one week advanced notice.
(f) Training Providers must comply with the
following recordkeeping requirements:
(A)
Maintain the training records required by this subsection for a minimum of
three years and make them readily available for inspection by DEQ or its
designee.
(B) Retain copies of all
instructional materials used during each classroom course.
(C) Retain copies of all instructor resumes
and instructor approvals issued by either DEQ or US EPA.
(D) Document the following information for
each accredited course:
(i) The date the exam
was given;
(ii) Training course for
which the exam was given;
(iii) The
exam proctor's name;
(iv) The name
and score of each person taking the exam and a single copy of the
exam;
(v) Attendance
record;
(vi) Course evaluation
form; and
(vii) The names of the
instructors for each part of the course offered.
(E) Maintain records of certificates issued
to students, including the following information:
(i) Name, address, telephone number, social
security number of person receiving the certificate;
(ii) Certificate number given to each
person;
(iii) Photograph of each
person;
(iv) Discipline for which
the certificate was given; and
(v)
Dates of training and certificate expiration.
(F) If a training provider is not accredited
or ceases to give asbestos worker certification training, the training provider
must notify and allow DEQ to take possession of the records for lawful
disposition.
(G) Submit
certification class information to DEQ within 30 days after the end of each
training class or as DEQ directs.
(g) Notify DEQ before issuing a replacement
certification card.
(h) Have a
current accreditation certificate at the training location.
(4) Denial, Suspension or
Revocation of Accreditation. DEQ may deny, suspend, or revoke an application or
current accreditation for any of the reasons contained in this section. DEQ
will issue a notice of denial, suspension, or revocation specifying the reasons
for the action and conditions the applicant must meet before the certificate
will be issued or reinstated. Applicants may appeal the Director's
determination by requesting a contested case hearing under to the provisions of
OAR chapter 340 division 11. DEQ considers the following as grounds for denial,
revocation or suspension:
(a) Misrepresenting
the extent of a training course's approval by a State or the EPA;
(b) Failing to submit required information or
notifications in a timely manner;
(c) Failing to report to DEQ a change in
staff or program that substantially deviates from the information contained in
the application;
(d) Failing to
maintain requisite records;
(e)
Falsifying accreditation records, instructor qualifications, or other
accreditation information;
(f)
Failing to adhere to this division's training standards and
requirements;
(g) Failing to comply
with this division's administrative tasks and other requirement;
(h) Providing concurrent training for either
initial or refresher courses for supervisors and asbestos workers;
(i) Failing to pay delinquent application
fees, notification fees, or civil penalties; or
(j) An approved training course instructor or
other person with supervisory authority over the training who violates other
asbestos regulations administered by DEQ, EPA, or other government
agency.
Notes
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS 468.020 & 468A.025
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