Or. Admin. Code § 340-248-0140

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-248-0140 - Licensing and Certification Requirements: Training Provider Accreditation

(1) General:

(a) A person may apply to become an Oregon accredited asbestos training provider under this division.

(b) Only training providers DEQ accredits may offer training in Oregon to satisfy the certification requirements contained in this division.

(c) DEQ will accredit each individual training course.

(d) Course instructors must have academic credentials, demonstrated knowledge, prior training, or field experience in their respective training roles.

(e) Training course providers must permit representatives of DEQ or its designee to attend, evaluate and monitor a training course without charge. DEQ is not required to give advance notice of its inspection. DEQ may suspend or withdraw approval of a training course based on the grounds specified in OAR 340-248-0140(4).

(f) All initial worker and supervisor certification training, or initial refresher training involving persons wishing to be certified in Oregon using prior training from an EPA approved accreditation or certification course, must take place in Oregon.

(g) DEQ may require accredited training providers to pay a fee to cover the reasonable travel expenses for one DEQ representative to audit for compliance with this division any accredited refresher course that is not offered in the State of Oregon. This fee is an addition to the standard accreditation application fee.

(2) Application for Accreditation:

(a) Applicants must submit applications for accreditation to DEQ in writing on forms DEQ provides and include the information this section requires:

(A) Name, address, telephone number of the firm, individual, or sponsor conducting the course, including the name under which the training provider intends to conduct the training;

(B) The type of course for which the applicant requests approval;

(C) A detailed course outline showing topics covered and the amount of time given to each topic, and that includes: working with asbestos-substitute materials, fitting and using respirators, use of glove bag, donning protective clothing, constructing a decontamination unit, the number of students to be accommodated, the number of instructors, and the amount of time for hands-on skill training;

(D) A copy of the course manual, instructor notebooks and all printed material to be distributed in the course;

(E) A description of teaching methods to be employed, including description of audio-visual materials to be used. Upon DEQ's request the applicant must provide copies of the materials. Audio-visual materials provided to DEQ will be returned to the applicant;

(F) A description of the hands-on facility to be utilized including protocol for instruction;

(G) A description of the equipment that will be used during classroom lectures and hands-on training;

(H) A list of all personnel involved in course preparation and presentation and a description of the background, special training and qualification of each, as well as the subject matter covered by each;

(I) A copy of each written examination to be given including the scoring methodology to be used in grading the examination; and a detailed statement about the development and validation of the examination;

(J) A list of the tuition or other fees required;

(K) A sample of the certificate of completion;

(L) A description of the procedures and policies for re-examining students who do not successfully complete the training course examination;

(M) A list of a state or accrediting system that approve the training course;

(N) A description of student evaluation methods (other than written examination to be used) associated with the hands-on skill training and course evaluation methods students use;

(O) Restrictions on attendance such as class size, language, affiliation, or target audience of class;

(P) A description of the procedure for issuing replacement certification cards to workers who were issued a certification card by the training provider within the previous 12 months and whose cards have been lost or destroyed;

(Q) Additional information or documentation DEQ may require in order to evaluate the adequacy of the application; and

(R) The accreditation application fee.

(b) The training provider must retain a copy of the application materials listed above for at least three years. The applicant must make such applications available for inspection by DEQ or its designees upon request.

(c) An applicant must submit the application for initial training course accreditation and course materials to DEQ at least 45 days before the requested approval date.

(d) Upon approval of an initial or refresher asbestos training course, DEQ will issue a certificate of accreditation. The certificate is valid for one year from the date of issuance.

(e) Application for renewal of accreditation must follow the procedures described for the initial accreditation. In addition, course instructors must demonstrate that they have maintained proficiency in their instructional specialty and adult training methods during the 12 months before renewal.

(3) Training Provider Administrative Tasks. Accredited training providers must perform the following as a condition of accreditation:

(a) Administer the training course only to those persons who DEQ has approved, or have surrendered their expired certification cards to the trainer and others who are otherwise qualified according to these rules. Such persons may take the examination to complete the training course.

(b) Issue a numbered certificate and a photo certification card to each student who successfully passes the training course examination and meets all other requirements for certification. Each certificate and photo certification card must include:

(A) A unique certificate number;

(B) Name of certified person;

(C) Training course completed;

(D) Dates of the training course;

(E) Date of the examination;

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

(G) The name, address, and telephone number of the training provider that issued the certificate; and

(H) A statement that the person receiving the certificate has completed the requisite training for asbestos certification as specified in OAR-340-248-0130.

(c) Provide DEQ with advance payment for each certificate to be issued.

(d) Utilize and distribute to all class participants, as part of the course information, training aides DEQ furnishes.

(e) Provide DEQ with a monthly class schedule at least one week before the schedule begins. Notification must include time and location of each course. Training providers must obtain DEQ approval before starting or offering a class that is not on the provider's monthly schedule, and if the trainer wishes to hold a class with less than one week advanced notice.

(f) Training Providers must comply with the following recordkeeping requirements:

(A) Maintain the training records required by this subsection for a minimum of three years and make them readily available for inspection by DEQ or its designee.

(B) Retain copies of all instructional materials used during each classroom course.

(C) Retain copies of all instructor resumes and instructor approvals issued by either DEQ or US EPA.

(D) Document the following information for each accredited course:

(i) The date the exam was given;

(ii) Training course for which the exam was given;

(iii) The exam proctor's name;

(iv) The name and score of each person taking the exam and a single copy of the exam;

(v) Attendance record;

(vi) Course evaluation form; and

(vii) The names of the instructors for each part of the course offered.

(E) Maintain records of certificates issued to students, including the following information:

(i) Name, address, telephone number, social security number of person receiving the certificate;

(ii) Certificate number given to each person;

(iii) Photograph of each person;

(iv) Discipline for which the certificate was given; and

(v) Dates of training and certificate expiration.

(F) If a training provider is not accredited or ceases to give asbestos worker certification training, the training provider must notify and allow DEQ to take possession of the records for lawful disposition.

(G) Submit certification class information to DEQ within 30 days after the end of each training class or as DEQ directs.

(g) Notify DEQ before issuing a replacement certification card.

(h) Have a current accreditation certificate at the training location.

(4) Denial, Suspension or Revocation of Accreditation. DEQ may deny, suspend, or revoke an application or current accreditation for any of the reasons contained in this section. DEQ will issue a notice of denial, suspension, or revocation specifying the reasons for the action and conditions the applicant must meet before the certificate will be issued or reinstated. Applicants may appeal the Director's determination by requesting a contested case hearing under to the provisions of OAR chapter 340 division 11. DEQ considers the following as grounds for denial, revocation or suspension:

(a) Misrepresenting the extent of a training course's approval by a State or the EPA;

(b) Failing to submit required information or notifications in a timely manner;

(c) Failing to report to DEQ a change in staff or program that substantially deviates from the information contained in the application;

(d) Failing to maintain requisite records;

(e) Falsifying accreditation records, instructor qualifications, or other accreditation information;

(f) Failing to adhere to this division's training standards and requirements;

(g) Failing to comply with this division's administrative tasks and other requirement;

(h) Providing concurrent training for either initial or refresher courses for supervisors and asbestos workers;

(i) Failing to pay delinquent application fees, notification fees, or civil penalties; or

(j) An approved training course instructor or other person with supervisory authority over the training who violates other asbestos regulations administered by DEQ, EPA, or other government agency.

Or. Admin. Code § 340-248-0140

DEQ 10-1988, f. & cert ef. 5-19-88 (and corrected 6-3-88); DEQ 4-1990, f. & cert. ef. 2-7-90 (and corrected 5-21-90); DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 15-1995, f. 6-16-95, cert. ef. 7-1-95; DEQ 26-1995, f. & cert. ef. 12-6-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-033-0060; DEQ 1-2002, f. & cert. ef. 2-4-02; DEQ 19-2002(Temp), f. & cert. ef. 12-23-02 thru 6-21-03; DEQ 9-2003, f. 5-21-03, cert. ef. 6-21-03; DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018

Statutory/Other Authority: ORS 468 & 468A

Statutes/Other Implemented: ORS 468.020 & 468A.025