N.Y. Comp. Codes R. & Regs. tit. 10 § 73.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 73.2 - Administrative requirements and practices for asbestos safety training providers

The following administrative requirements and their application in the training program must be met and maintained by all asbestos safety training providers. Plans and procedures for meeting these requirements must be part of any application submitted by a training provider for accreditation of an asbestos safety training program.

(a) Training director. Each asbestos safety training provider must have designated at all times a training director who is approved by the department. The name and credentials of the training director shall be submitted for department review with each application for accreditation of an asbestos safety training program and whenever a new training director is designated. The training director shall have experience in designing, implementing and evaluating either employee educational programs in asbestos safety or vocational educational programs related to asbestos. The training director shall be directly involved in the program.

(1) Duties. The training director will be responsible for ensuring that the training program complies at all times with all of the requirements of this Part and the procedures for meeting said requirements submitted as part of the application for accreditation and shall be directly involved in the asbestos safety training program. Such duties shall include, but not be limited to:

(i) development and/or revision of asbestos safety training program;

(ii) review of instructor qualifications and determination of foreign language fluency of proposed instructors for training programs conducted in languages other than English;

(iii) development and/or revision of final examination;

(iv) monitoring the performance of instructors;

(v) monitoring the quantity and quality of all asbestos safety training provided;

(vi) maintenance of training records; and

(vii) all other functions of training directors as described in this Part.

(b) All instructors for approved programs must meet the minimum qualifications as described in section 73.4 of this Part. Only instructors approved by the department may be used to give instruction in a program accredited by the Commissioner of Health.

(c) The training provider shall ensure that all facilities and equipment necessary to conduct programs are adequate for and appropriate to the delivery of such programs and shall certify the adequacy of the facilities and equipment in the initial application for accreditation and with every requested change in facility and equipment. Equipment shall be available in sufficient quantity to accommodate students' needs and shall be maintained in proper working order. Training equipment that reflects current work practices must be provided.

(d) The training provider shall use, but is not limited to using, any materials, information or audio-visual aids which are required by the Department of Health (DOH). Materials, information or audio-visual aids not required, but which are to be used by the training provider, must first be approved by the Department of Health.

(e) The training provider will put in place a quality assurance program that will:

(1) ensure that training is updated to include new information and practices;

(2) include a general evaluation of the program by the students. The general evaluation shall be formatted to allow the students to evaluate each instructor with regard to effectiveness of presentation and knowledge of topic area. Copies of the general evaluation of the program shall be maintained as part of the program file;

(3) assess student program evaluations and implement actions to address legitimate deficiencies noted by students;

(4) ensure the validity and integrity of the program test;

(5) evaluate and ensure the continued adequacy of facilities and equipment; and

(6) provide for evaluation of instructors by the training director to determine the effectiveness of presentation and knowledge of topic area.

(f) The training provider shall send a minimum of one delegate to any meeting as required by the Department of Health.

(g) The training provider shall administer an examination, specific for each accredited training program, which is provided by or approved by the Department of Health and as described in section 73.7 of this Part.

(h) The training director or other representative of the training provider with supervisory authority over the training program shall inform the Department of Health in writing two weeks in advance of any asbestos safety training program to be conducted by the training provider and shall permit a representative(s) from the Department of Health or the Department of Labor to attend, without charge. The representative(s) will observe the program to insure compliance with this Part. Training notification received with less than two weeks notice but at least 72 hours notice from the proposed date of training must be accompanied by a roster of students scheduled to attend. The department will not recognize any program presented with less than 72 hours advance notice unless the program is being presented in response to an environmental emergency. Cancellation of any scheduled program must be communicated to the department by telephone or by fax no later than 10:00 a.m. of the first day on which the training program was to be held.

(i) The training provider must notify the department in writing of any changes in any aspect of an approved training program prior to implementing such change. Changes may not be implemented unless they are in accordance with the requirements of this Part and have been approved by the department. Changes include, but are not limited to, changes in training director, instructor(s), program topics, teaching methods, language in which the program is given, training date, location of scheduled training, or any other aspect of the training program as described in this Part.

(j) If any revision in State or Federal asbestos safety training regulations occur, or any other revisions (changes) occur which necessitate a change in an approved asbestos safety training program, the Department of Health will notify the approved training providers. Approved training providers must incorporate the changes into the next scheduled training program unless otherwise specified by the Department of Health.

(k) The training provider shall present an asbestos safety training program only in the language specified in the application submitted to the Department of Health for accreditation. The use of interpreters in the presentation of the program is not permitted. A training provider must submit a separate application for each language in which the asbestos safety training program will be presented. The application for a language other than English must include all of the elements specified in section 73.3 of this Part and, in addition, include an accurate translation of all training materials into the language in which the training program is to be presented, the equivalent English version if not already approved, a notarized letter from the translator attesting to the accuracy of the translation from English into the foreign language and evidence that all instructors to be used in the program's presentation are fluent in that language.

(l)

(1) The training provider shall provide at no charge to each student successfully completing a New York State Department of Health accredited initial or refresher asbestos safety training program, a New York State Department of Health certificate of asbestos safety training completion (DOH 2832). The training provider may also provide each such student with a diploma or other letter of training completion in addition to the certificate. Each New York State Department of Health certificate of asbestos safety training completion issued must contain specific information that details a unique certificate number, name, address and telephone number of the training provider, the name of accredited person, program discipline, date(s) of the training program, date of the examination, an expiration date of one year after the date upon which the person successfully completed the program and examination and a statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under the Toxic Substance Control Act (TSCA) Title II. Any diploma or letter must clearly state that the official record of successful training completion is the New York State Department of Health certificate of asbestos safety training completion. All students completing New York State Department of Health approved initial or refresher asbestos safety training must be informed by the training provider how to obtain New York State Department of Labor asbestos abatement certification. Students shall also be informed of Environmental Protection Agency (EPA) accreditation requirements, including the expiration date of their accreditation and the grace period to complete refresher training. A student receiving a training completion certificate must be informed in writing of any other costs that would be imposed by the training provider if he/she were to request additional copies of his/her training completion certificate. Successful completion of training will be based upon the following criteria:

(i) complete attendance at all sessions of training; and

(ii) successful completion of a final examination.

(2) At the completion of each program offered, the program provider shall deliver to the department the Health Department's copy of each of the New York State Department of Health certificates of asbestos safety training completion (DOH 2832) which were distributed to individuals who successfully completed training requirements.

(m) All training programs must be completed within a period of two weeks. Attendees shall not be required to attend more than eight hours of training in any single 24 hour period. Evening sessions shall not exceed a maximum of four hours for any single session. The number of hours of training required for each training program, which must be completed within a two week time period by the individual seeking a New York State Department of Health certificate of asbestos safety training completion (DOH 2832), shall be as follows:

(1) Initial asbestos handler training shall be a minimum of 32 hours, of which 16 hours will be dedicated to hands-on training. This represents 26 contact hours of training, of which 13 contact hours will be specific to hands-on activities.

(2) Asbestos handler refresher training shall be a minimum of eight hours. This represents six and one-half contact hours of training.

(3) Initial contractor/supervisor training shall be a minimum of 40 hours, of which 16 hours will be dedicated to hands-on training. This represents 32.50 contact hours, of which 13 contact hours will be specific to hands-on activities.

(4) Contractor/supervisor refresher training shall be a minimum of eight hours. This represents six and one-half contact hours of training.

(5) Initial operations and maintenance training shall be a minimum of 16 hours, of which four hours will be dedicated to hands-on training. This represents 13 contact hours, of which four contact hours will be specific to hands-on activities.

(6) Operations and maintenance refresher training shall be a minimum of four contact hours of training.

(7) Initial allied trades training shall be a minimum of 12 hours, of which four hours will be specific to hands-on activities. This represents 10.50 contact hours, of which four hours will be specific to hands-on training.

(8) Allied trades refresher training shall be a minimum of four contact hours of training.

(9) Initial asbestos project sampling technician training shall be a minimum of 16 hours, of which five hours will be specific to hands-on activities. This represents 13 contact hours, of which five contact hours will be specific to hands-on activities.

(10) Asbestos project air sampling technician refresher training shall be a minimum of four contact hours of training.

(11) Initial inspector training shall be a minimum of 24 hours, of which four hours will be specific to hands-on training. This represents 19.50 contact hours, of which four contact hours will be specific to hands-on activities.

(12) Inspector refresher training shall be a minimum of four contact hours of training.

(13) Initial management planner training shall be a minimum of 16 hours. This represents 13 contact hours of training. A trainee must first complete an inspector training program as defined in section 73.5(f) of this Part.

(14) Management planner refresher training shall be a minimum of eight contact hours of training, which shall include the four hour inspector refresher training program.

(15) Initial project designer training shall be a minimum of 24 hours. This represents 19.50 contact hours of training.

(16) Project designer refresher training shall be a minimum of eight hours of training. This represents six and one-half contact hours of training.

(17) Initial project monitor training shall be a minimum of 40 hours, of which six hours will be specific to hands-on training. This represents 32.50 contact hours, of which six contact hours will be specific to hands-on activities.

(18) Project monitor refresher training shall be a minimum of eight hours of training. This represents six and one-half contact hours of training.

(n) The classroom and hands-on ratio of students to instructors shall not exceed the following:

(1) Classroom - 25 to 1.

(2) Hands-on - 8 to 1.

(o) A person seeking accreditation in any one of the disciplines cannot attend two or more programs concurrently but may attend such programs sequentially. Trainees must complete all portions of the training to successfully complete the program.

(p) The training provider must verify initial and refresher training credentials submitted by individuals prior to their enrollment into a refresher program. Verification of training credentials to ensure valid accredited training is a prerequisite for admittance into a New York State Department of Health approved refresher training program. Receipt of these credentials and verification that the training credentials meet USEPA or model accredited State plan requirements must occur before the individual is allowed to take the refresher training program. New York State Department of Health approved training providers must respond to requests for such verification when requested by other approved training providers.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 73.2