178 Neb. Admin. Code, ch. 23, § 003

Current through June 17, 2024

Section 178-23-003 - ACCREDITATION OF TRAINING PROVIDERS, TRAINING PROGRAMS AND REVIEW COURSES

A training provider must not provide, offer, or claim to provide lead-based paint professions training programs or review courses without applying for and receiving accreditation from the Department.

003.01REQUIREMENTS FOR ACCREDITATION. An applicant must meet the following:

(A) Have a training program manager with demonstrated experience, education, or training in the construction industry including lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene and one of the following:

(i) At least two years of experience, education, or training in teaching workers or adults; or

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

(iii) Two years of experience in managing a training provider specializing in environmental hazards;

(B) Have a qualified principal instructor for each professions training programs or review courses who has:

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

(ii) Successfully completed at least 16 hours of lead-specific training from any training provider that is Environmental Protection Agency accredited or State-accredited by an authorized state; and

(iii) Demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety, and health, or industrial hygiene;

(C) If an applicant does not use Environmental Protection Agency recommended model training materials or training materials approved by a State or Indian Tribe that has been authorized by the Environmental Protection Agency, the material used must be equivalent to the model training materials;

(D) Have a course test blueprint for each program or review course that accurately evaluates the trainee's performance of work practices and procedures associated with the program topics contained in this chapter;

(E) Each program must meet the requirements in this chapter for the program offered;

(F) Have a quality control plan that meets the requirements of this chapter; and

(G) Have an adequate assessment plan for hands-on skills for each program.

003.02TRAINING PROGRAM REQUIREMENTS. A training program must meet the minimum training curriculum requirements contained in 178 NAC 23-003.03 and the following training hour requirements:

(A) The abatement worker initial program must last a minimum of 16 training hours, with a minimum of eight hours devoted to hands-on training activities;

(B) The supervisor initial program must last a minimum of 32 training hours, with a minimum of eight hours devoted to hands-on activities;

(C) The inspector initial program must last a minimum of 24 training hours, with a minimum of eight hours devoted to hands-on training activities;

(D) The project designer initial program must last a minimum of eight training hours;

(E) The risk assessor initial program must last a minimum of 16 training hours, with a minimum of four hours devoted to hands-on training activities;

(F) The visual lead hazard advisor initial program must last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training activities; and

(G) The elevated blood lead level inspector initial program must last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training activities.

003.03REQUIRED COURSE OF STUDY. Courses of study are to include, at a minimum, the following relevant program topics. Requirements ending in an asterisk (*) indicate areas that require hands-on activities as an integral component of the program.

(A) Abatement worker initial program:

(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 pertain 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, cleanup, or lead-based paint hazard reduction;* and;

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

(B) Supervisor initial program:

(i) Role and responsibilities of a supervisor;

(ii) Liability and insurance issues relating to lead-based paint abatement;

(iii) Risk assessment and inspection report interpretation;*

(iv) Development and implementation of an occupant protection plan and abatement report;

(v) Clearance standards and testing;

(vi) Cleanup and waste disposal;

(vii) Record keeping, and

(viii) Areas listed in 178 NAC 23-003.03A(ii) to (vii).

(C) Inspector initial program:

(i) Role and responsibilities of an inspector;

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

(iii) Areas listed 178 NAC 23-003.03A(iii) and 003.03(B)(vii);

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

(v) Paint, dust, and soil sampling methodologies;*

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

(vii) Preparation of the final inspection report.*

(D) Project designer initial program:

(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 and cleanup or lead hazard control and reduction methods for large-scale abatement projects;

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

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

(E) Risk assessor initial program:

(i) Role and responsibilities of a 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; and

(ix) Preparation of a final risk assessment report.

(F) Visual lead hazard advisor initial program:

(i) Role and responsibilities of a visual lead hazard advisor;

(ii) Collection of background information to perform a visual lead hazard screen;

(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) Visual lead hazard assessment protocol;

(vi) Evaluating other sources of lead exposure;

(vii) Interpretation of lead-based paint and other lead observations, including all applicable guidance pertaining to lead-based paint hazards;

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

(ix) Preparation of a visual lead hazard assessment report.

(G) Elevated blood lead level inspector initial program:

(i) Role and responsibilities of an elevated blood lead level inspector;

(ii) Collection of background information to perform an elevated blood lead level investigation;

(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) Elevated blood lead level investigation protocol;

(vi) Evaluating other sources of lead exposure;

(vii) Areas listed 178 NAC 23-003.03(F)(vii) and (viii); and

(viii) Preparation of an elevated blood lead level investigation report.

003.04REVIEW COURSE ACCREDITATION. A training provider may seek accreditation of review training courses in any of the following disciplines: abatement worker, supervisor, inspector, project designer, risk assessor, visual lead hazard advisor, and elevated blood lead inspector. A training provider must meet the following minimum requirements:

(A) Each review course must contain a review of the curriculum topics of the full-length initial programs listed in this chapter as appropriate. All review courses must include the following:

(i) An overview of current safety practices relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline;

(ii) Current laws and regulations relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline; and

(iii) Current technologies relating to lead-based paint professions in general, as well as specific information pertaining to the appropriate discipline;

(B) Each abatement worker, supervisor, Inspector, and risk assessor review course must last a minimum of eight training hours. The project designer, and visual lead hazard advisor review course must last a minimum of four training hours; and

(C) For each course offered a hands-on assessment must be conducted and at the completion of the review course a course test must be given.

003.05TRAINING PROVIDER APPLICATION. To obtain an accreditation as a training provider an applicant must submit a complete application provided by the Department and provide documentation demonstrating that the applicant meets statutory requirements and the requirements of this chapter.

003.06NOTIFICATION. A training provider must file a notice of all lead-based paint activities courses offered to the Department. The notification must include the date, time, instructor, and location of any scheduled lead professions training initial program or review course. The notification must be received by the Department at least five business days prior to offering any lead-based paint activities course. If notification is not made within five days, the training certificates will not be accepted by the Department.

003.07FACILITIES - EQUIPMENT. The training provider must have adequate facilities for the delivery of the lecture, course test, hands-on training, and assessment activities. This includes providing training equipment that reflect current work practices and maintaining or updating the equipment and facilities as needed.

003.08COURSE TEST. For each program offered, the training provider must conduct a course test at the completion of the program, and a hands-on skills assessment, for that discipline. Each individual must successfully pass the hands-on skills assessment and the course test to pass any program.

(A) A training provider is responsible for maintaining the validity and integrity of the hands-on skills assessment or proficiency test to ensure that it accurately evaluates the trainees' performance of the work practices and procedures associated with the program topics contained in 178 NAC 23-003.02.

(B) The training provider is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainees' knowledge and retention of the program topics.

(C) The course test must be developed in accordance with the test blueprint submitted with the training accreditation application.

003.09CERTIFICATES. A training provider must issue unique training program or review course completion certificates to each individual who passes the training program or review course. The certificate must include:

(A) The name, a unique certificate identification number, and address of the individual.

(B) The name of the particular program or review course that the individual completed.

(C) Dates of program completion and test score.

(D) The name, current address, and telephone number of the training provider.

003.10QUALITY CONTROL PLAN. The training provider must develop and implement a quality control plan. The plan will be used to maintain and improve the quality of the training provider over time. This plan must contain at least the following elements:

(A) Procedures for periodic revision of training materials and the course test to reflect innovations in the field.

(B) Procedures for the training manager's annual review of principal instructor competency.

003.11STANDARDS. The training provider must teach the work practice standards for conducting lead-based paint professions contained in this chapter. These standards must be taught in the appropriate courses to provide trainees with the knowledge needed to perform the lead-based paint activities they are responsible for conducting.

003.12COMPLIANCE. The training provider is responsible for ensuring that the training provider complies with all of the requirements in this chapter.

003.13AUDIT. The training provider must allow the Department to audit the training provider.

003.14TRAINING PROVIDER RECORD KEEPING REQUIREMENTS. Accredited training providers must maintain at the address on the application for a minimum of three years and six months, and make available to the Department, upon request, the following records:

(A) All documents that demonstrate the qualifications of the training program manager and principal instructors;

(B) Current curriculum and course materials and documents reflecting any changes made to these materials;

(C) The course test blueprint;

(D) Information regarding how the hands-on assessment is conducted including, but not limited to:

(i) Who conducts the assessment;

(ii) How the skills are graded; and

(iii) What facilities are used;

(E) The pass and fail rate;

(F) The type of training date time and location of each training class offered in the State;

(G) The quality control plan;

(H) Results of the students' hands-on skills assessments and course tests;

(I) A record of each student's program completion certificate; and

(J) Any other material not listed that was submitted to the Department as part of the provider's application for accreditation.

178 Neb. Admin. Code, ch. 23, § 003

Amended effective 2/12/2023

Amended effective 2/12/2023