Current through Register Vol. 43, No. 24, August 22, 2024
Section 28-72-4 - Training provider accreditation(a) Good standing. Each applicant wishing to provide and teach lead activity training in Kansas shall be accredited as a training provider and licensed by KDHE as a lead activity firm. Each applicant desiring accreditation of the training courses for lead inspector, risk assessor, lead abatement worker, lead abatement supervisor, project designer, or lead-safe work practices, or any combination, under this regulation, who is required to be registered and in good standing with the Kansas secretary of state's office, shall submit a copy of the applicant's certificate of good standing to KDHE.(b) Application to become a training provider for a training course. Completed applications shall be submitted to KDHE. Each application shall include the following: (1) A completed training provider course accreditation application on a form provided by KDHE, which shall include the following:(A) The training provider's name, address, and telephone number;(B) the lead activity firm license number;(C) the name and date of birth of the training manager;(D) the name and date of birth of the principal instructor for each course;(E) the name and date of birth for any guest instructor for each course;(F) a list of locations at which training will take place;(G) a list of courses for which the training provider is applying for accreditation; and(H) a statement signed by the training manager certifying that the information in the application for accreditation, and any additional information included with the application, is true and accurate to the best of the training manager's knowledge and understanding, that the training provider will comply with K.A.R. 28-72-4 through K.A.R. 28-72-4c, and that the training provider will conduct lead training only in those occupations in which the training provider has received accreditation;(2) a copy of the student and instructor manuals;(4) the course examination blueprint;(5) a copy of the quality control plan as described in paragraph (d)(9) of this regulation;(6) a copy of a sample course completion diploma as described in paragraph (d)(8) of this regulation;(7) a description of the facilities and equipment to be used for lectures and hands-on training;(8) a description of the activities and procedures that will be used for conducting the skills assessment for each course;(9) a payment to KDHE for the applicable nonrefund-able accreditation fees specified in K.A.R. 28-72-3, unless the training provider is a state, federally recognized Indian tribe, local government, or nonprofit organization as evidenced by a letter of determination issued by the IRS, which shall accompany the application; and(10) documentation supporting the training manager's, principal instructor's, and any guest instructor's qualifications.(c) Procedure for issuance or denial of training provider accreditation for a training course. The applicant shall be informed by KDHE in writing that the application is approved, incomplete, or denied. (1) If an application is incomplete, the notice shall include a list of additional information or documentation required to complete the application.(A) Within 30 calendar days after the issuance date of the notice of incomplete application, the applicant shall submit to KDHE, in writing, the information requested in the written notice.(B) Failure to submit the information requested in the written notice within 30 calendar days shall result in denial of the application for a training course accreditation.(C) After the information in the written notice is received, the applicant shall be informed by KDHE in writing that the application is either approved or denied.(2) If an application is approved, a two-year accreditation certificate shall be issued by KDHE.(3) If an application for training course accreditation is denied, the specific reason or reasons for the denial shall be stated in the notice of denial to the applicant. (A) Training course accreditation may be denied by the secretary pursuant to K.S.A. 65-1,207(c), and amendments thereto.(B) If an application is denied, the applicant may reap-ply for accreditation at any time.(C) If an applicant is aggrieved by a determination to deny accreditation, the applicant may request a hearing with the office of administrative hearings, in accordance with the Kansas administrative procedure act.(d) Requirements for accreditation of a training provider for a training course. For a training provider to maintain accreditation from KDHE to offer a training course, the training provider shall meet the following requirements:(1) Training manager. The training manager shall be a monetarily compensated direct employee of the training provider who meets the requirements in subsection (e). The training manager shall be responsible for ensuring that the training provider complies at all times with the requirements in these regulations. The training manager may designate guest instructors as needed to provide instruction specific to the lecture, hands-on activities, or work practice components of a course. The training manager shall ensure that each guest instructor meets the requirements in subsection (f).(2) Principal instructor. The training provider, in coordination with the training manager, shall designate a qualified principal instructor who meets the requirements in subsection (f). The principal instructor shall be responsible for the organization of the course and oversight of the teaching of all course materials. The principal instructor shall be present during all classes or presentations given by any guest instructor.(3) Guest instructor. The training manager may designate a guest instructor on an as-needed basis. No guest instructor shall be allowed to teach an entire training course. Each guest instructor shall meet the requirements in subsection (f).(4) Training provider. The training provider shall meet the curriculum requirements in K.A.R. 28-72-4a for each course contained in the application for accreditation of a training provider.(5) Delivery of course. The training provider shall ensure the availability of, and provide adequate facilities for, the delivery of the lecture, course exam, hands-on training, and assessment activities. This requirement shall include providing training equipment that reflects current work practice standards in K.A.R. 28-72-13 through K.A.R. 28-72-21 and maintaining or updating the course materials, equipment, and facilities as needed.(6) Course exam. For each course offered, the training provider shall conduct a monitored, written course exam at the completion of each course. An oral exam may be administered in lieu of a written course exam for the lead abatement worker course only. If an oral examination is administered, the student shall be required to provide the answers to the exam in writing.(A) The course exam shall evaluate each trainee's competency and proficiency.(B) Each individual shall be required to achieve a passing score on the course exam in order to successfully complete any course and receive a course completion diploma.(C) The training provider and the training manager shall be responsible for maintaining the validity and integrity of the course exam to ensure that the exam accurately evaluates each trainee's knowledge and retention of the course topics.(7) Hands-on skills assessment. For each course offered, except for project designers, the training provider shall conduct a hands-on skills assessment. The training manager shall maintain the validity and integrity of the hands-on skills assessment to ensure that the assessment accurately evaluates each trainee's performance of the work practice procedures associated with the course topics.(8) Course completion diploma. The training provider shall issue a unique course completion diploma to each individual who passes the training course. Each course completion diploma shall include the following:(A) The name, a unique identification number, and the address of the individual;(B) the name of the particular course that the individual completed;(C) the dates of course attendance; and(D) the name, address, and telephone number of the training provider.(9) Quality control plan. The training manager shall develop and implement a quality control plan. The plan shall be used to maintain or progressively improve the quality of the accredited provider.(A) This plan shall contain at least the following elements:(i) Procedures for periodic revision of training materials and the course exam to reflect innovations in the field;(ii) procedures for the training manager's annual review of the competency of the principal instructor; and(iii) a review to ensure the adequacy of the facilities and equipment.(B) An annual report discussing the results of the quality control plan shall be submitted to KDHE within one year following accreditation and at each subsequent renewal.(10) Access by KDHE. The training provider shall allow KDHE to conduct audits as needed in order for KDHE to evaluate the training provider's compliance with KDHE accreditation requirements. During this audit, the training provider shall make available to KDHE all information necessary to complete the evaluation. At KDHE's request, the training provider shall also make documents available for photocopying.(11) Recordkeeping. The training provider shall maintain at its principal place of business, for at least five years, the following records:(A) All documents specified in paragraphs (e)(2) and (f)(2) that demonstrate the qualifications listed in paragraph (e)(1) for the training manager, and paragraph (f)(1) for the principal instructor and any guest instructor;(B) curriculum or course materials, or both, and documents reflecting any changes made to these materials;(C) the course examination and blueprint;(D) information regarding how the hands-on skills assessment is conducted, including the following:(i) The name of the person conducting the assessment;(ii) the criteria for grading skills;(iii) the facilities used;(iv) the pass and fail rate; and(v) the quality control plan as described in paragraph (d)(9);(E) results of the students' hands-on skills assessments and course exams, and a record of each student's course completion diploma; and(F) any other material not listed in this paragraph (d)(11) that was submitted to KDHE as part of the training provider's application for accreditation.(12) Course notification. The training provider shall notify KDHE in writing at least 14 calendar days before conducting an accredited training course.(A) Each notification shall include the following information: (i) The location of the course, if it will be conducted at a location other than the training provider's training facility;(ii) the dates and times of the course;(iii) the name of the course; and(iv) the name of the principal instructor and any guest instructors conducting the course.(B) If the scheduled training course has been changed or canceled, the training provider shall notify KDHE in writing at least 24 hours before the training course was scheduled to begin.(13) Changes to a training course. Before any one of the following changes is made to a training course, that change shall be submitted in writing to KDHE for review and approval before the continuation of the training course: (A) The course curriculum;(B) the course examination;(C) the course materials;(D) the training manager, principal instructors, or guest instructors; or(E) the course completion diploma. Within 60 calendar days after receipt of a change to a training course, the provider shall be informed by KDHE in writing that the change is either approved or disapproved. If the change is approved, the training provider shall include the change in the training course. If the change is disapproved, the training provider shall not include the change in the training course.
(14) Change of ownership. If a training provider changes ownership, the new owner shall notify KDHE in writing at least 30 calendar days before the change of ownership becomes effective. The notification shall include a new training course provider accreditation application, the appropriate fee or fees, and the date that the change of ownership will become effective. The new training course provider accreditation application shall be processed according to this regulation. The current training provider's accreditation shall expire on the effective date specified in the notification of the change of ownership.(15) Change of address. The training provider shall submit to KDHE a written notice of the training provider's new address and telephone number, and a description of the new training facility. The training provider shall submit this information to KDHE not later than 30 days before relocating its business or transferring its records.(e) Training, education, and experience requirements for the training manager. (1) The education or experience requirements for the training manager shall include one year of experience in lead or asbestos abatement, painting, carpentry, renovation, remodeling, safety and health, or industrial hygiene, and at least one of the following: (A) A minimum of two years of experience in teaching or training adults;(B) a bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, business administration, or education; or(C) a minimum of two years of experience in managing a training program specializing in environmental hazards.(2) The following records of experience and education shall be recognized by KDHE as evidence that the individual meets or exceeds KDHE requirements for a training manager: (A) Resumes, letters of reference from past employers, or documentation to evidence past experience that includes specific dates of employment, the employer's name, address, telephone number, and specific job duties, as evidence of meeting the experience requirements; and(B) official academic transcripts or diplomas, as evidence of meeting the education requirements.(f) Training, education, and experience requirements for the principal instructor and any guest instructor. (1) The training, education, and experience requirements for the principal instructor and any guest instructor of a training course shall include the following: (A) At least one year of experience in teaching or training adults; and(B) at least one year of experience in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene, or an associate degree or higher from a postsecondary educational institution in building construction technology, engineering, safety, public health, or industrial hygiene.(2) The following records of experience and education shall be recognized by KDHE as evidence that the individual meets or exceeds KDHE requirements for a principal instructor:(A) Course completion diplomas issued by the training provider as evidence of meeting the training requirements and a current copy of the KDHE certification for the disciplines that the principal instructor desires to teach;(B) official academic transcripts or diplomas, as evidence of meeting the education requirements; and(C) resumes, letters of reference from past employers, or documentation to evidence past experience that includes specific dates of employment, the employer's name, address, telephone number, and specific job duties, as evidence of meeting the experience requirements.(g)(1) Training provider accreditation may be suspended or revoked by the secretary pursuant to K.S.A. 65-1,207(c), and amendments thereto.(2) Before suspending or revoking a training provider's accreditation, a training provider shall be given written notice of the reasons for the suspension or revocation. The training provider may request a hearing with the office of administrative hearings, in accordance with the Kansas administrative procedure act.(h) Renewal of accreditation. (1) Unless revoked sooner, a training provider's accreditation shall expire two years after the date of issuance. If a training provider meets the requirements of this regulation and K.A.R. 28-72-4a, the training provider shall be reaccredited.(2) Each training provider seeking reaccreditation shall submit an application to KDHE at least 60 calendar days before the provider's accreditation expires. If a training provider does not submit its application for reaccredita-tion by that date, the provider's reaccreditation before the end of the accreditation period shall not be guaranteed by KDHE.(3) The training provider's application for reaccredita-tion shall contain the following:(A) A completed training provider course accreditation application on a form provided by KDHE, which shall include the following:(i) The training provider's name, address, and telephone number;(ii) the name and date of birth of the training manager;(iii) the name and date of birth of the principal instructor for each course;(iv) a list of locations at which training will take place;(v) a list of courses for which the training provider is applying for reaccreditation; and(vi) a statement signed by the training manager certifying that the information provided in the application for reaccreditation, and any additional information included with the application, is true and accurate to the best of the training manager's knowledge and understanding, that the training provider will comply with K.A.R. 28-72-4 and K.A.R. 28-72-4a, and that the training provider will conduct lead training only in those occupations in which the training provider has received accreditation;(B) a list of courses for which the training provider is applying for reaccreditation;(C) a description of any changes to the training facility, equipment, or course materials since the training provider's last application was approved that adversely affects the students' ability to learn; and(D) a payment to KDHE for the nonrefundable fees specified in K.A.R. 28-72-3, as applicable, unless the training provider is a state, federally recognized Indian tribe, local government, or nonprofit organization as evidenced by a letter of determination issued by the IRS, which shall accompany the application.(i) If the training provider has allowed its accreditation to expire and the provider desires to be accredited, it shall reapply in the same manner as that required for an application for an original accreditation in accordance with this regulation.Kan. Admin. Regs. § 28-72-4
Authorized by K.S.A. 65-1,202; implementing K.S.A. 65-1,202, 65-1,203, and 65-1,207; effective, T-28-9-13-99, Sept. 13, 1999; effective Jan. 7, 2000; amended Dec. 6, 2002; amended April 9, 2010.