178 Neb. Admin. Code, ch. 22, § 005

Current through June 17, 2024

Section 178-22-005 - ASBESTOS OCCUPATION TRAINING OR REVIEW COURSES

A training provider must not provide, offer, or claim to provide Nebraska approved asbestos training programs or review courses without applying for and receiving accreditation from the Department.

005.01COURSE APPROVAL PROCESS. All asbestos occupation training or annual review courses, including a training course on Nebraska law asbestos occupation licensure or license renewal, including lectures, seminars, course materials and other instructional programs, must be reviewed and approved by the Department before they are offered. All applications for approval of an occupation training or annual review course must be submitted on a form provided by the Department. A separate application for each course for which approval is sought is required. Correspondence courses will not be approved by the Department.

005.02GENERAL REQUIREMENTS. All course providers must meet the following:

(A) Include instruction on Nebraska Law in accordance with this chapter;

(B) Only use approved instructors to teach training courses;

(C) Ensure that participants completing an initial training course, annual review course or course on Nebraska Law demonstrate at least the minimum acceptable proficiency in tasks or duties connected with each unit of the components set forth in 178 NAC 22-006, and that participants completing the course are given a final written examination in that course including at least the following number of multiple choice questions:

(i) Asbestos Workers - 50 questions;

(ii) Asbestos Supervisors -100 questions;

(iii) Asbestos Project Designers -100 questions;

(iv) Asbestos Inspectors - 50 questions;

(v) Asbestos Management Planners - 50 questions;

(vi) Asbestos Project Monitor -100 questions; and

(vii) Nebraska Law - 50 questions;

(D) Ensure an individual attends all course presentations and passes the final written examination with a score of at least 70% for successful course completion;

(E) Document an individual's successful completion of a course in a numbered certificate or letter, the original of which must be given to the individual no later than 15 days after the date of the final written examination, containing the following information:

(i) The student's name;

(ii) The date or dates that the course was attended;

(iii) The name, address, and telephone number of the course provider, and the location of the course, if different from that of the course provider;

(iv) Discipline of the training course completed;

(v) A statement that the student passed the final written examination with a score of at least 70% and has completed the requisite training for asbestos accreditation under Toxic Substances Control Act Title II, 40 CFR Part 763 , and the State of Nebraska asbestos regulations and statutes;

(vi) A unique certificate number;

(vii) Date of examination; and

(viii) An expiration date of one year after the date upon which the person successfully completed the course and examination;

(F) Submit a document to the Department signed by the administrator or operating officer of the course within 15 days after the date of the final written examination the information required in 178 NAC 22-005.02(E);

(G) Maintain attendance information for asbestos occupation courses, as stipulated by 178 NAC 22-005.02(E), for a minimum of three years from the date of completion of each course. Attendance records are subject to review by the Department upon request. If a training provider ceases to conduct training, the training provider must notify the Department and give it the opportunity to take possession of that provider's asbestos training records;

(H) Courses described in this chapter must be based on an eight hour day, including time allotted for breaks and one meal. Full day classes must have a minimum of 6.5 hours of contact time and half day classes must have a minimum of 3.75 hours of contact time in instructional, examination, or workshop activities. Activities must follow submitted and approved curriculum. Meal breaks must be offered at about the midpoint of the full day course;

(I) Courses must meet or exceed the minimum number of hours and the training requirements set forth in this chapter; and

(J) The training site must accommodate course participants comfortably and provide adequate sanitation and safety.

005.03TRAINING PROVIDER APPLICATION. To apply for approval of an individual asbestos occupation course, the applicant must submit a completed application provided by the Department and provide documentation demonstrating that the applicant meets statutory requirements and the requirements of this chapter.

005.04ACCREDITATION. Once accreditation for an asbestos occupation course has been granted, the Department need not approve a course for each occasion on which the course is administered, but will make an annual determination of whether or not to extend accreditation. If an accredited course has not been presented by a training provider in a two year period that training provider forfeits its Department accreditation for that particular course two years from the last active course date. Course providers that lose accreditation for particular courses may resubmit an application in accordance with 178 MAC 22-005.02 requirements.

005.05COMPLIANCE. The course provider of an accredited course must comply with the following:

(A) Notify the Department in writing at least five working days in advance of the dates, times, and location for each presentation of an approved course. Immediately notify the Department by phone or electronic means if any scheduled course is cancelled.

(B) Submit the following information to the Department annually on the anniversary of course approval:

(i) A report to include the number of occasions the course was given and the numbers attending, negative reports are required; and

(ii) An updated course manual and updates to other course materials.

005.06ON-SITE INSPECTION. All presentations of an accredited course are subject to on-site inspection by the Department at any reasonable time. When a course is reviewed, the Department will not be assessed an attendance fee.

005.07COURSE CHANGES. Prior to a course provider making any change to an approved course on any of the items required to be in the original application as listed in 178 NAC 22-005.03, the course provider must inform the Department immediately, in writing, and reapply for course approval in accordance with this chapter.

005.08SPECIAL ACCOMMODATIONS. If individuals taking the examination for worker licensure or renewal have difficulty reading the examination, for whatever reason, the course provider may make special provisions for that individual as follows:

(A) The only occupation eligible for special examination procedures is an asbestos worker. All other asbestos occupations must be able to read project designs, specifications, and notifications proficiently;

(B) If an individual desires special accommodations, the request must be made to the course provider in advance and be approved;

(C) To accommodate the individual requesting special accommodations the course provider may allow the individual extra time in which to finish taking the examination; and

(D) To accommodate the individual requesting special accommodations, the course provider may provide a reader to read the examination to the individual. Readers may not be provided by the individual taking the examination. In no event will such reader translate or interpret the examination, or indicate the correct answers to the examination questions by voice inflection or any other means. If this method is used, it must be done in a manner or in an area that will not be distracting to other individuals taking the examination.

005.09RESTRICTIONS. In order to assure the integrity of training received by individuals, providers of approved training courses may not train or issue training certificates to the owners, officers, or stockholders of the training provider or any affiliated company.

005.10VIOLATIONS. The Department may deny, suspend, or revoke accreditation of an asbestos occupation course, whether initial, renewal or course on Nebraska law, for any of the following reasons:

(A) Fraud or misrepresentation in an application;

(B) Failure to provide notification to the Department of the commencement or cancellation of a training course as required by this chapter;

(C) Failure to maintain or submit to the Department course information as required by this chapter;

(D) Failure to permit on-site inspections by Department employees or permit inspections of training records;

(E) Fraud or misrepresentation in issuing or obtaining training certificates;

(F) Failure to pay any fee assessed under these regulations, or

(G) Failure at any time to comply with requirements of the Asbestos Control Act or this chapter.

178 Neb. Admin. Code, ch. 22, § 005

Amended effective 9/20/2023