Ala. Admin. Code r. 822-X-1-.04

Current through Register Vol. 42, No. 10, July 31, 2024

Section 822-X-1-.04 - Accreditation Of Lead Hazard Reduction Activities Training Programs: Target Housing And Child-Occupied Facilities

(1) Procedures and requirements for training program accreditation

(a)Scope

1. A training program may seek accreditation to offer training courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer, renovator, abatement worker, sampling technician, and such other disciplines as are from time to time provided for in Title IV of TSCA, as amended. A training program may also seek accreditation to offer refresher training courses for those same disciplines.

2. A training program shall not provide or offer, or claim to provide or offer, accredited training courses without first applying for and receiving accreditation and registration from Safe State as required under this Section.

(b) Training Program Application procedure. Following are the procedures a training program shall follow to apply to Safe State for accreditation to offer lead hazard reduction activities training courses:

(1) A training program seeking conditional accreditation must not only submit to Safe State a written application using an application form designated by Safe State, but also must meet the requirements of (1)(c) of this Section. Applications for an English language training course and for a non-English language training course in the same discipline must be submitted separately. For each training course the training program shall submit the following information:

(i) The training program's name, street address, mailing address, and telephone number;

(ii) A list of training courses for which it is applying for accreditation;

(iii) A statement signed by the training manager certifying that the training program meets the requirements established by this Section;

(iv) Copies of documents evidencing the education, work experience, training, or demonstrated experience of the training manager, principal instructor, and any guest instructors as described in 822-X-1-.04(1)(c)1. - 3. The training program shall give written notice to Safe State of any changes in the training instructors or guest instructors initially listed in the application for accreditation;

(v) A legible copy of the student and instructor manuals and other materials to be used for each training course with identification of the location of topics in the student manual on forms designated by Safe State. If a published textbook is used as supplemental training course material, the author's name, textbook title, publisher, and publication date shall be provided;

(vi) A statement as to who developed or authored the training course materials;

(vii) A copy of the course agenda for each training course;

(viii) A description of the facilities and equipment to be used for lecture and hands-on exercises;

(ix) A description of the activities and procedures that will be used for assessment of hands-on skills for each training course;

(x) Starting times and ending times for each day of training, and the total hours of each training course;

(xi) A list of learning objectives for each lecture and hands-on exercise;

(xii) A copy of the course test blueprint and the course test;

(xiii) A copy of the quality control plan as described in 822-X-1-.04(1)(c)13. and;

(xiv) Accreditation fee for each course equal to $450 per each training day of eight training hours.

2. Within 60 calendar days after receiving from the training program a complete application described in (1)(b)1., Safe State will conditionally accredit the training program. Conditional accreditation will be effective for up to one year and is subject to renewal at the discretion of Safe State. Upon receiving conditional accreditation, to demonstrate that it meets the requirements of 822-X-1-.04(1)(c) and (d) for each training course for which it seeks accreditation, a training program must have each such training course audited by Safe State. If Safe State's audit finds that the training course meets the requirements of 822-X-1-.04(1)(c) and (d) Safe State shall grant final accreditation and issue to the training program a letter confirming accreditation for each accredited training course. If a training program is not granted final accreditation as the result of the audit conducted pursuant to this paragraph, the students of that class are not eligible for accreditation. If the training course is disapproved following the audit, the training program may re-apply.

3. A training program may apply for accreditation to offer training courses in as many disciplines as it chooses. A training program may seek accreditation for additional training courses at any time as long as the training program also can demonstrate that it meets the requirements of 822-X-1-.04(1)(c).

(c) Requirements for the accreditation of training programs. For a training program to obtain final accreditation from Safe State to offer training courses, in addition to the application procedure described in 822-X-1-.04(1)(b), the program shall meet the following requirements:

1. The training program shall employ a training manager who has:

(i) Demonstrated experience in either lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, industrial hygiene, or environmental assessment and remediation; and

(ii) One of the following:

(I) Two (2) years of experience, education, or training in teaching workers or adults; or

(II) Two (2) years of experience managing a training program specialization in environmental hazards; or

(III) A bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration, program management, or a related field.

2. The training manager shall designate a qualified principal instructor for each training course who has:

(i) Demonstrated experience, education, or training in teaching workers or adults; and

(ii) Completed a training course and maintained current refresher training for each discipline in which they are to teach; and

(iii) Two (2) years of experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

3. The training manager may designate guest instructors as needed to provide specific instruction on training course topics. There are two classifications of guest instructors, each requiring different qualifications:

(i) Guest instructors who provide instruction specific to the hands-on exercises or work practice topics of a training course must meet the same qualification requirements as a principal instructor listed in paragraph (1)(c)2.

(ii) Guest instructors who provide instruction specific to training course topics other than hands-on exercises and work practices topics must demonstrate experience, education, or training in teaching workers or adults and have at least two (2) years of experience, education, or training in the training course topic in which the guest instructor will provide instruction.

4. The principle instructor shall be responsible for the organization of the training course and oversight of the teaching of all training course material. The principal instructor shall ensure that all topics covered in each training course reflect the federal, state, and local regulations, standards, and guidelines that are then in effect at the time the training course is conducted.

5. The following documents shall be recognized by Safe State as evidence that training managers, principal instructors, and guest instructors have the education, work experience, training, or demonstrated experience listed in paragraphs (1)(c)1. through (1)(c)3. of this Section.

(1) Academic transcripts or diploma, as evidence of meeting the educational requirements.

(ii) Documentation of work experience, as evidence of meeting the work experience requirements, shall be detailed on forms designated by Safe State. Detailed descriptions of work experience shall include, at a minimum, the number of and inclusive dates of projects and jobs, the size of each project and job, descriptions of tasks performed by the individual, and the names and telephone numbers of supervisors on each project or job.

(iii) Certificates from train-the-trainer courses and lead-specific training courses, as evidence of meeting the training requirements.

6. The training program shall ensure the availability of, and provide adequate facilities for, the delivery of the lecture, course test, hands-on exercises, and hands-on skills assessment activities. This includes providing and using training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed.

7. The training manager shall allow Safe State to audit the training program to verify the contents of the application for accreditation submitted by the training program. Safe State, states and tribes with written reciprocal agreements with Safe State, EPA, or all three may audit the training program to verify the contents of the application for accreditation submitted by the training program.

8. Training programs must offer training courses which teach the standards for conducting lead hazard reduction activities described in the Department's rules in AAC Chapter 420-3-27, as amended, and those standards adopted by EPA pursuant to Title IV of TSCA, as amended. These standards shall be taught in the appropriate training courses to provide trainees with the knowledge and skills needed to perform the lead hazard reduction activities.

9. To become accredited in the following disciplines, the training program shall provide training courses that meet the following training hour requirements:

(i) The inspector training course shall last a minimum of 24 training hours, with a minimum of 8 hours devoted to hands-on experience. The minimum curriculum requirements for the inspector training course are contained in paragraph (2)(b)1. of this Section;

(ii) The risk assessor training course shall last a minimum of 16 training hours, with a minimum of 4 hours devoted to hands-on exercises. The minimum curriculum requirements for the risk assessor training course are contained in paragraph (2)(b)2. of this Section;

(iii) The supervisor training course shall last a minimum of 32 training hours, with a minimum of 8 hours devoted to hands-on exercises. The minimum curriculum requirements for the supervisor training course are contained in paragraph (2)(b)3. of this Section;

(iv) The project designer training course shall last a minimum of 8 training hours. The minimum curriculum requirements for the project designer training course are contained in paragraph (2)(b)4. of this Section;

(v) The renovator training course shall last a minimum of 8 training hours with a minimum of 2 hours devoted to hands-on exercises. The minimum curriculum requirements for the renovator training course are contained in paragraph (2)(b)5., of this Section;

(vi) The abatement worker training course shall last a minimum of 16 training hours, with a minimum of 8 hours devoted to hands-on exercises. The minimum curriculum requirements for the abatement worker training course are contained in paragraph (2)(b)6. of this Section.

(vii) The sampling technician training course shall last a minimum of 8 training hours, with a minimum of 2 hours devoted to hands-on- exercises. The minimum curriculum requirements for the sampling technician training course are contained in paragraph (2)(b)7. of this Section.

10. Each training course shall be taught in the language in which all students of that particular class are fluent. Written materials must be correctly translated into the language in which all participating students are fluent. The principal and guest instructor(s) must be sufficiently fluent in the language in which the class is conducted, interpreters may not be used to teach or instruct training courses.

11. Minimum trainee competency and proficiency requirements.

(i) For each training course offered, the training program shall conduct hands-on skills assessment, (except the project designer training course), and a course test at the completion of the training course. The minimum passing score on any course test shall be 70% correct. The hands-on skills assessment, if applicable, and the course test must be successfully completed by the student in order for the individual to pass any training course.

(ii) The training manager is responsible for maintaining the validity and integrity of the hands-on skills assessment to ensure that it accurately evaluates the student's performance of the work practices and procedures associated with the training course topics contained in paragraphs (2)(b) of this Section.

(iii) The training manager is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the student's knowledge and retention of the training course topics, contained in paragraph (2)(b) of this Section.

(iv) The course test shall be developed in accordance with the course test blueprint submitted with the training accreditation application. The supervisor, inspector, risk assessor, and project designer course tests shall consist of a minimum of 50 multiple choice test items. All other course tests shall consist of a minimum of 25 test items using any Safe State approval format.

12. Training programs shall issue a unique training course completion certificates to each student who successfully completes the course requirements. The training course completion certificate shall include:

(i) The name and address of the student;

(ii) The name of the training course or refresher training course that the student has completed and the discipline;

(iii) Inclusive dates of the training course and the date of test passage;

(iv) The name, address, and telephone number of the training program;

(v) The street address of the training site if different from the training program's address;

(vi) The printed name of the principal instructor;

(vii) The printed name and signature of the training manager;

(viii) For non-English abatement worker training and refresher training courses only, the language in which the course was taught;

(ix) The date the training course was accredited and the name of the agency issuing the accreditation.

(x) A unique identification number which clearly distinguishes the training course and the student to whom the course completion certificate was issued from any other training course or student; and

(xi) The expiration date of the individual's training in that discipline, which is three years from the last day of the training course or refresher training course.

(xii) The renovator and sampling technician* certificate requires a photograph of the accredited student on the training course certificate.

13. The training manager shall develop and implement a quality control plan. The plan shall be used to maintain and improve the quality of the training program over time. This quality control plan shall contain, at a minimum, the following requirements:

(i) Procedures for periodic revision of training materials, hands-on exercises, and the course test to reflect new developments, new regulations, and innovations in the field;

(ii) Procedures for the training manager's annual review of instructor competence and awareness of new developments, new regulations, and innovations in the lead-based must be reviewed at least annually;

(iii) The training manager shall not require persons enrolled in training courses to participate in more than eight hours of actual training in any single 24 hour period;

(iv) The training manager shall not require or allow attendance in training courses to exceed four hours in any single day following a work shift of eight hours or more;

(v) The training manager shall require that all training course requirements must be completed within two weeks of the training course start date;

14. The training manager shall be responsible for ensuring that the training program complies at all times with all of the requirements of this Section.

(d)Notification procedures.

1. At least ten (10) calendar days prior to the first day of instruction of a training course, the training manager, using forms designated by Safe State, must provide to Safe State written notification of the starting date of that training course, the training site, and language in which it will be taught.

2. The training manager shall give Safe State written notice of any changes in the starting date, location, or language of a training course at least two (2) week days prior to the first day of instruction of that training course.

3. No later than seven (7) calendar days after the conclusion of a training course or refresher training course, the training manager shall provide a written course student roster to Safe State on forms designated by Safe State. The course student roster shall contain the name of every individual who attended the training course, including those who did not complete all of the training course requirements. The student roster shall also contain the test scores for each individual, the form of individual identification, the unique certificate number assigned to that attendee, and additional information deemed necessary by Safe State to manage the information effectively.

4. Notice of a new principal or guest instructor shall be given at least 30 calendar days prior to the date that new instructor is to begin teaching and shall be accompanied by the required documentation of that new instructor's qualifications.

5. The training manager's failure to provide timely notifications required by (d)1. through (d)4. of this paragraph may result in disapproval by Safe State of training course completion certificates issued by that training program as part of an individual's application for accreditation in Alabama or suspension by Safe State of the training program's accreditation or registration, or both.

(2) Minimum training curricula requirements

(a) To become accredited to offer lead hazard reduction activities training courses in specific disciplines, training programs must ensure that each training course of study includes, at a minimum, the training course topics listed in (2)(b) of this paragraph.

(b) Requirements ending in an asterisk (*) indicate areas that require hands-on exercises as an integral component of the training course. Requirements ending in a cross (+) indicate work practice topics. An instructor/student ratio of 1:10 is recommended for the hands-on exercises. The training program must provide enough work stations to ensure students perform hands-on exercises with minimal waiting time. Demonstrations of work tasks and procedures shall not be substituted for hands-on exercises.

1. Inspector Training Course:

(i) The role and responsibilities of the inspector.

(ii) Background information on federal, state, and local laws regulations and guidance that pertains to lead-based paint and lead hazard reduction activities.

(iii) Background information on lead and its adverse health effects.

(iv) Lead-based paint inspection methods, including selection of rooms and components for sampling and testing.*+

(v) Paint, dust, and soil sampling methodologies.*+

(vi) Clearance standards and testing, including random sampling.*+

(vii) Preparation of the final inspection report.*+

(viii) Record keeping.

2. Risk Assessor Training Course:

(i) The role and responsibilities of the risk assessor.

(ii) Collection of background information to perform a risk assessment.

(iii) Sources of environmental lead contamination such as paint, surface dust and soil, water, air, packaging, and food.

(iv) Visual inspection for the purposes of identifying potential sources of lead-based paint hazards.*+

(v) Lead hazard screen protocol.+

(vi) Sampling for other sources of lead exposure.*+

(vii) Interpretation of lead-based paint and other lead sampling results including all applicable state or federal guidance or regulations pertaining to lead-based paint hazards.*+

(viii) Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead-based paint hazards.+

(ix) Preparation of a final risk assessment report.+

3. Supervisor Training Course:

(i) Role and responsibilities of a supervisor.

(ii) Background information on lead and its adverse health effects.

(iii) Background information on federal, state, and local laws regulations and guidance that pertains to lead-based paint abatement.

(iv) Liability and insurance issues relating to lead-based paint abatement.

(v) Risk assessment and inspection report interpretation.*+

(vi) Development and implementation of an occupant protection plan and abatement report.+

(vii) Lead-based paint hazard recognition and control.*+

(viii) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices.*+

(ix) Interior dust abatement/clean-up or lead-based paint hazard control and reduction methods.*+

(x) Soil and exterior dust abatement or lead-based paint hazard control and reduction methods.*+

(xi) Clearance standards and testing.

(xii) Clean-up and waste disposal.+

(xiii) Record keeping.

4. Project Designer Training Course:

(i) Role and responsibilities of a project designer.

(ii) Development and implementation of an occupant protection plan for large-scale abatement projects.

(iii) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices for large-scale abatement projects.+

(iv) Interior dust abatement/clean-up or lead hazard control and reduction methods for large-scale abatement projects.+

(v) Clearance standards and testing for large-scale abatement projects.

(vi) Integration of lead-based paint abatement methods with modernization and rehabilitation projects for large-scale abatement projects.

5. Renovator Training Course:

(i) Role and responsibilities of a renovator.

(ii) Background information on lead and its adverse health effects.

(iii) Background information on EPA, HUD, OSHA, and other Federal, State, and local regulations and guidance that pertains to lead-based paint and renovation activities.

(iv) Procedures for using acceptable test kits to determine whether paint is lead-based paint. * [DAGGER]

(v) Renovation methods to minimize the creation of dust and lead-based paint hazards. * [DAGGER]

(vi) Interior and exterior containment and cleanup methods. * [DAGGER]

(vii) Methods to ensure that the renovation has been properly completed, including cleaning verification and clearance testing. * [DAGGER]

(viii) Waste handling and disposal methods. * [DAGGER]

(xi) Providing on the job training to other workers.

(x) Record preparation.

6. Abatement Worker Training Course:

(i) Role and responsibilities of an abatement worker.

(ii) Background information on lead and its adverse health effects.

(iii) Background information on federal, state, and local regulations and guidance that pertains to lead-based paint abatement.

(iv) Lead-based paint hazard recognition and control.*+

(v) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices.*+

(vi) Interior dust abatement methods/clean-up or lead-based paint hazard reduction.*+

(vii) Soil and exterior dust abatement methods or lead-based paint hazard reduction.*+

7. Sampling Technician Training Course:

(i) Health effects of lead exposure.

(ii) Visual assessments.*+

(iii) Dust wipe sampling.*+

(iv) Selecting a laboratory and interpreting results.*+

(v) Writing and delivering the report.*+

8. Reserved.

(3) Requirements for the accreditation of refresher training courses.

(a) A training program may seek accreditation of refresher training courses in any of the following disciplines: lead-based paint inspector, risk assessor, supervisor, project designer, renovator, abatement worker, sampling technician or other such disciplines as are from time to time provided for in Title IV of TSCA, as amended.

1. To seek Safe State accreditation of refresher training courses, a training program must include in its refresher training courses the following minimum requirements:

(i) For each discipline which is the subject of the refresher training course, a review of the curriculum topics of the training course for the appropriate discipline listed under paragraph (2)(b) of this Section.

(ii) An overview of safety practices then in effect relating to lead hazard reduction activities in general, as well as specific information pertaining to that refresher training course for that discipline;

(iii) Laws and regulations then in effect relating to lead hazard reduction activities in general, as well as specific information pertaining to that refresher training course for that discipline;

(iv) Technologies then in effect relating to lead hazard reduction activities in general, as well as specific information pertaining to that refresher training course for that discipline;

(v) The abatement worker, supervisor, inspector, and risk assessor refresher training courses shall last a minimum of eight (8) training hours. The project designer, renovator, and sampling technician refresher training courses shall last a minimum of four (4) training hours.

(vi) A hands-on skills assessment for that discipline, (except for the project designer refresher training course) and a refresher training course test consisting of a minimum of 25 multiple choice questions at the completion of the refresher training course. The abatement worker refresher training course test may consist of a minimum pf 25 test items using any Safe State approved format.

2. The training program seeking accreditation of refresher training courses shall submit a written application to Safe State in the manner described in this Section. For each refresher training course which the training program desires to offer, the training program must submit the information specified in paragraph (1)(b)1., and meet all the conditions specified in paragraph (1)(b)2., of this Section.

3. The training manager, for each refresher training course, shall follow the notification procedures specified by paragraph (1)(d) of this Section.

(4) Training program record keeping requirements

(a) Accredited training programs, including conditionally accredited training programs, shall maintain, and make available to Safe State, upon request, the following records for each training course and refresher training course:

1. All documents specified in paragraph (1)(c)5. of this Section;

2. The current training curriculum and training course materials, including any documents reflecting any changes made to these materials;

3. The course test blueprint and course test;

4. The learning objectives for each lecture, exercise, and hands-on exercise;

5. Information regarding how the hands-on skills assessment is conducted including, but not limited to, who conducts the hands-on skills assessment, how the skills are graded, what facilities are used, and the pass/fail rate;

6. The quality control plan as described in paragraph (1)(c)13., including the following:

(i) Copies of revisions of training course materials, hand-on exercises, and the course test that reflect innovations and changes in the field or regulations;

(ii) Copies of the annual review of the competency of the principal instructor and all guest instructors;

(iii) Other records as required by the quality control plan.

7. The training or refresher training course agenda;

8. Results of the students' hands-on skills assessments and course tests, and a record of each student's training or refresher training course completion certificate; and

9. Any other material not listed in this paragraph that was submitted to Safe State as part of the training program's application for accreditation, re-accreditation, registration, or re-registration.

(b) The training program shall retain these records at the street address specified on the training program accreditation, re-accreditation, registration, or re-registration application (or as modified in accordance with this paragraph) for a minimum of three years and six months. The training program shall notify Safe State in writing within 30 calendar days after changing the street address or transferring the records from the street address specified on any application form submitted to Safe State.

(5) Training program audits

(a) In addition to audits performed in connection with 822-X-1-.04(1)(b)2. and (1)(c)7., Safe State may conduct unannounced audits of each training program, training course or refresher training course, or both to ensure compliance with all requirements of this Chapter.

(b) During an audit by Safe State, a training program, at no charge to Safe State, shall allow representatives of Safe State to attend all or any part of any training course. Training programs shall not restrict access by Safe State to any part of a training course while Safe State is conducting an on-site audit. As part of the audit process, training programs, upon request, shall make records as described in paragraph (4) of this Section available to Safe State for review, copying, and inspection.

(c) Out-of-state training programs may satisfy the audit requirements of this paragraph in either of the following ways:

1. By conducting a training course in Alabama and making arrangements, at no charge to Safe State for Safe State to conduct an on-site audit of the training course; or

2. By paying in advance the estimated travel costs for Safe State to travel to the training program out-of-state location for the purpose of conducting an audit. The estimated travel costs will be based on the University of Alabama policies regarding reimbursements of travel costs and food and lodging expense.

3. If the training program fails to notify Safe State of changes in the training course site or of cancellation of the training courses, Safe State may be unable to refund the advanced travel costs received by Safe State to the training program unless Safe State receives such notification at least two (2) week days prior to the date the change or cancellation is to take effect.

(6) Reciprocity. Safe State may seek written reciprocal agreements with other states or tribes where equivalency of lead certification and training requirements can be demonstrated. Safe State may recognize the accreditation of a training course or refresher training course granted by any other state or tribe with which Safe State has a written reciprocal agreement. A training program may apply to have any accredited training or refresher training course included in the Registry if the training or refresher training course has been accredited by Safe State, or by a state or tribe with which Alabama has a written reciprocal agreement.

(7) Electronic Document Submittals. Required documents may be submitted electronically via Safe State-managed internet sites, electronic mail, facsimile, or other Sate State approved method in lieu of paper document submissions only if authorization is granted in advance by Safe State. Safe State reserves the right to request that original documentation be submitted at any time, even if authorization for electronic document submittals was previously granted.

Ala. Admin. Code r. 822-X-1-.04

New Rule: Filed June 19, 1998; effective July 24 1998. Amended: Filed December 4, 2003; effective January 8, 2004. Amended: Filed November 3, 2009; effective December 8, 2009.

Authors: John Sikes, Gayle Howell, Kim Whitehurst, Charles Markin, Jason Brasfield

Statutory Authority: Act No. 97-553.