alabama: (1) 2 (―chapter‖ · passing scores for licensure examination of asbestos consultants;...
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ALABAMA:
822-X-2-.01 Purpose
(1) Chapter 822-X-2 (―Chapter‖) as authorized by Acts 1989, No. 89-517
and Acts 1997, No. 97-626, the Asbestos Contractor Accreditation Act,
establishes the procedures and requirements for the review and accreditation of
training programs, training courses, and individuals engaged in asbestos-related
activities.
(2) The legislature of the State of Alabama has enacted Chapter 39 of Title
22, Code of Alabama, (1975), as amended, to meet the requirements established
in Section 206 of the Toxic Substances Control Act, 15 U.S.C.A. §2646, as
amended, and to ensure the availability of a trained and qualified workforce to
identify and address asbestos-related hazards found in schools or public and
commercial buildings. The appropriate Federal statutes and regulations are
adopted herein by reference as legal authority. Where there is an inconsistency
between the Alabama statute and Federal regulations, the Alabama statute
controls; and where the Alabama statute is silent, Federal regulations control.
COLORADO:
TRAINING/CERTIFICATION/ LICENSING:
CERTIFICATION REQUIREMENTS
II.A. GENERAL REQUIREMENTS
II.A.1. Persons required to be certified as a General Abatement Contractor,
Building Inspector, Management Planner, Project Designer, Abatement Worker,
Abatement Supervisor or Air Monitoring Specialist shall obtain the appropriate
certification from the Division in accordance with this section II.
II.A.2. Photo IDs and Certificates
Each individual certified under this regulation must have their state certification
photo identification (ID) card or state certificate available at each work site so
that Division representatives may check their credentials.
Each individual trained under this regulation must have copies of their training
and refresher certificates available at each work site so that Division
representatives may check their credentials.
II.A.3. Non-Public Access Areas
Any person certified under this regulation to work solely on asbestos abatement
projects in non-public access areas shall not be required to pay the application
fee. Certificates issued under this paragraph are not valid for abatement in areas
of public access, and are not transferable.
CONNECTICUT
TRAINING/CERTIFICATION/ LICENSING:
Sec. 20-440. Regulations. (a) The commissioner shall adopt regulations in
accordance with the provisions of chapter 54 to administer the provisions of
subsection (c) of section 19a-14, sections 19a-332 and 20-435 to 20-441,
inclusive. Such regulations shall include, but not be limited to, the following: (1)
Passing scores for licensure examination of asbestos consultants; (2) standards
for the licensing of asbestos contractors; (3) standards for approval of training
programs of asbestos abatement and asbestos consultation services under
section 20-439, including standards for successful completion of such programs;
(4) standards and procedures for suspension and revocation of certification of
asbestos consultants, asbestos abatement workers and asbestos abatement
supervisors; and (5) standards and procedures for suspension and withdrawal of
approval of training programs.
(b) The regulations required under subsection (a) of this section shall be
revised, as necessary, to ensure that such regulations meet or exceed the
requirements of the United States Environmental Protection Agency's model
accreditation plan in accordance with federal regulations, as from time to time
amended.
Sec. 20-439. Training programs. Approval. Fees. Periodic reviews. On and
after the effective date of regulations adopted pursuant to section 20-440,
asbestos abatement or asbestos consultation training programs serving to qualify
asbestos abatement workers and asbestos abatement site supervisors for
certification and asbestos consultants for certification shall be approved by the
department. The department shall approve a training program upon
determination that such program complies with such requirements as may be
established in regulations adopted pursuant to section 20-440. Each application
or reapplication for approval of a training program shall be accompanied by a fee
of five hundred dollars. Each application for approval or reapproval of a refresher
training program as required by section 20-441 shall be accompanied by a fee of
two hundred fifty dollars. Each person offering an asbestos abatement or
asbestos consultation training program shall furnish the department with a list of
the persons who have successfully completed the course within thirty days of
such completion. The department shall conduct periodic reviews of approved
training courses and may revoke approval at any time it determines that the
course fails to meet the requirements established in such regulations.
DELEWARE:
IOWA:
875—155.6(88B) License application procedures.
155.6(1) Forms. Iowa Form 309-2068 must be used for all new and renewal
asbestos license applications. The second page of the form is the respirator fit
test and the third page is a physician’s certification. Forms from other states may
not be substituted for the Iowa form or any part thereof. Respirator fit tests and
medical examinations must have occurred within the past 12 months. Only IAC
7/16/08 Labor Services[875] Ch 155, p.3 worker and contractor/supervisor
license applicants must submit the respirator fit test and physician’s certification
forms. Photocopies of the forms shall not be accepted.
155.6(2) Training. A certificate of appropriate training from a course provider
approved for asbestos training by the U.S. Environmental Protection Agency must
accompany all applications. Applicants for a license must be trained by training
providers other than themselves. Applicants who completed initial training under
a prior set of applicable rules will not be required to take another initial training
course if they complete all annual refresher courses.
155.6(3) Photographs. Two 1″ by 1″ photographs clearly showing the
applicant’s face shall accompany all license applications.
155.6(4) Worker licenses. All persons seeking a license as an asbestos
abatement worker shall complete an initial four-day training course and
thereafter complete an annual one-day asbestos abatement worker refresher
training course. A nonrefundable fee of $20 shall accompany the application.
155.6(5) Contractor/supervisor licenses. All persons seeking a license as an
asbestos abatement contractor/supervisor shall complete an initial five-day
training course and thereafter complete an annual one-day asbestos abatement
contractor/supervisor refresher training course. A nonrefundable fee of $50 shall
accompany the application.
155.6(6) Inspector licenses. All persons seeking a license as an asbestos
inspector shall complete an initial three-day training course and thereafter
complete an annual one-half-day asbestos inspector refresher training course. A
nonrefundable fee of $20 shall accompany the application.
155.6(7) Management planner licenses. All persons seeking a license as an
asbestos management planner shall complete an initial three-day inspector
training course and an initial two-day management planning training course.
Thereafter, an annual one-half-day asbestos inspector refresher training course
plus an additional one-half-day course on management planning are required. A
nonrefundable fee of $20 shall accompany the application.
155.6(8) Abatement project designer licenses. All persons seeking a license as
an asbestos abatement project designer shall complete an initial three-day
abatement project designer training course. Thereafter, an annual one-day
asbestos abatement project designer refresher training course is required. A
nonrefundable fee of $50 shall accompany the application.
155.6(9) Action on application. Within 30 days of receiving a completed
application, the division will issue a license or deny the application. If a license is
issued, it will expire one year from the date the training was completed. An
application may be denied for the reasons set forth in rule
155.8(17A,88B,252J,261) or if the application package is incomplete.
155.6(10) License on job site. While conducting asbestos work that requires a
license, the license or a legible copy of the license shall be in the licensee’s
possession at the work site. However, if the division of labor services’ Web site
reflects that a license has been issued to a particular person, that person may
perform work consistent with the type of license issued without the license or a
copy of the license for up to 14 days from the issuance date.
155.6(11) Disaster emergency proclamations. For work on structures that are
both located in an area that is subject to a disaster emergency proclamation
pursuant to Iowa Code section 29C.6 and damaged by circumstances related to
those that caused the disaster emergency proclamation, the labor commissioner
deems an individual to be licensed and authorized for asbestos abatement if all of
the criteria in either paragraph “a” or paragraph “b” are met:
a. The individual contractor, supervisor, or worker makes the following
immediately available on the work site:
(1) A copy of a certificate for training that was provided within the past 12
months by a course provider approved by the U.S. Environmental Protection
Agency and that pertains to the work being performed;
(2) A copy of a physician’s statement indicating that, consistent with 29 CFR
1910.134, a licensed physician has examined the individual within the past 12
months and approved the individual to work while wearing a respirator;
Ch 155, p.4 Labor Services[875] IAC 7/16/08
(3) Documentation of a respirator fit test consistent with 29 CFR 1910.134 within
the past 12 months;
(4) A valid, current asbestos license issued by another state that pertains to the
type of work being performed; and
(5) A photo identification card; or
b. The individual working as a project designer, inspector, or management
planner makes the following immediately available on the work site:
(1) A copy of a certificate for training by a course provider approved by the U.S.
Environmental Protection Agency and that pertains to the work being performed;
(2) A valid, current asbestos license issued by another state that pertains to the
type of work being performed; and
(3) A photo identification card.
KENTUCKY:
STATUTORY AUTHORITY: KRS 224.10-100, 224.20-100, 224. 20-110, 224.20-
120, 224.20-300, 224.20-310, 224.20-320, 224.99-010, 40 CFR 763.80 through
763.99, Appendices A through E to Subpart E, as published in the Code of Federal
Regulations, July 1, 1996, 15 USC 2601 through 2692 as amended November 28,
1990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the
Natural Resources and Environmental Protection Cabinet to prescribe
administrative regulations for the prevention, abatement, and control of air
pollution. KRS 224.20-300 allows the cabinet to develop, adopt, and maintain a
comprehensive statewide asbestos contractor accreditation program relating to
asbestos. This administrative regulation provides for the accreditation of persons
who inspect for asbestos in school, public, and commercial buildings; who design,
supervise, or perform response actions in school, public, or commercial buildings,
and who prepare plans addressing potential and actual asbestos hazards in
school buildings. Additionally, this administrative regulation provides for the
review and approval of training courses that are prerequisites for accreditation.
The Division for Air Quality (DAQ) has two licensing programs – one associated
with NESHAP (abatement contractor certifications) and the other with ASHARA
(individual accreditations in five asbestos-related disciplines).
Under 401 KAR 58:040 (accessible at
http://www.lrc.state.ky.us/kar/TITLE401.htm), we certify companies to do
abatement work that is subject to NESHAP. This program focuses on the
company’s supervisors, who are required to do three things to get their company
certified initially:
1. Attend and pass an EPA-approved Abatement Supervisor course and annual
refreshers;
2. Attend a ½-day workshop put on monthly by DAQ in Frankfort to explain the
asbestos
regulations; and
3. Perform a ―demonstration project‖ to show competency in setting up an
abatement job.
DAQ inspects the ―demonstration project‖ before any removal takes place, and if
the setup demonstrates competence, DAQ writes an inspection report
documenting the findings and recommending the issuance of the certificate to the
company. The 8-½ x 11‖ certificate lists the supervisors who have satisfied the
three requirements. Once a company is certified, it can add more supervisors to
its certificate by putting them through the EPA-approved training and sending
them to the ½-day workshop.
Under 401 KAR 58:005 (also accessible at the web site given above), we accredit
individuals in the five main AHERA disciplines to do asbestos-related work inside
schools and inside public/commercial buildings, per ASHARA. To become
accredited, a person passes the EPA-approved training and sends us a copy of
the current (not expired) diploma along with a completed application form and
the accreditation fee (workers -- $20 initial & $10 renewal; all other disciplines --
$100 initial & $50 renewal). We then issue a wallet-sized accreditation card to
this person.
You can get applications for certification and accreditation and other information
about this division’s asbestos programs at our web site
http://www.air.ky.gov/pubinfo/asbestos/asb_dload.html.
Minnesota
4620.3300 CERTIFICATION OF ASBESTOS WORKER.
Subpart 1.
Certification of asbestos worker required.
An individual who performs asbestos-related work must be certified by the
commissioner as an asbestos worker under this part unless that individual is certified as an asbestos site supervisor.
Subp. 2.
Qualifications or experience requirements.
To be eligible for certification as an asbestos worker, an individual must have
completed either:
A. two years full-time attendance, or the part-time equivalent, in an
apprenticeship program for general commercial construction trades which is
either approved by the Minnesota Department of Labor and Industry, Division of
Voluntary Apprenticeship, or registered with the United States Department of Labor, Bureau of Apprenticeship and Training;
B. two years of postsecondary education with an emphasis in construction
management, industrial hygiene, industrial technology safety, or physical or life
science, and completed an Occupational Safety and Health Administration's
(OSHA) 510 Occupational Safety and Health Standards for the construction
industry course;
C. a vocational training program in a construction-related discipline of not less
than 18 months; or
D. work experience of at least 1,000 hours of work experience in general commercial construction trades.
Subp. 3.
Training requirements for initial certification.
To be eligible for initial certification as an asbestos worker:
A. an applicant must complete before the commissioner's receipt of the
application, an initial asbestos worker training course that is:
(1) permitted by the commissioner under part 4620.3704;
(2) approved by the United States Environmental Protection Agency (EPA) with
the EPA approval granted after June 1, 1987; or
(3) approved by a state asbestos training program accredited by the EPA; and
B. an applicant must complete, before the commissioner's receipt of the
application, an asbestos worker refresher course permitted by the commissioner
under part 4620.3704 if the applicant has completed an initial asbestos worker
training course specified in item A, subitem (2) or (3).
Subp. 3a.
Training diploma expiration; retraining.
The applicant for certification as an asbestos worker must complete an annual
asbestos worker refresher course permitted by the commissioner under part
4620.3704 when the diploma from an initial worker training course, as specified
in subpart 3, item A, has expired before the commissioner's receipt of the
application.
A. The most recent asbestos worker refresher course taken must be permitted by
the commissioner under part 4620.3704.
B. Any refresher courses completed subsequent to the expiration of the diploma
must have been completed no more than 12 months after the expiration date of
the preceding diploma.
Subp. 4.
Application for initial asbestos worker certification.
An applicant for initial certification as an asbestos worker must submit to the
commissioner:
A. a completed application on a form provided by the commissioner, which seeks
only information the commissioner reasonably considers necessary to identify the
applicant and to determine whether the applicant meets the statutory and regulatory requirements for certification;
B. a nonrefundable application fee of $50, which is not in the form of a personal
check, payable to the Minnesota Department of Health; and
C. verifiable evidence of the applicant's original diploma for the initial asbestos
worker training course completed and, if applicable, verifiable evidence of each of
the applicant's original diplomas for the asbestos worker refresher training courses completed.
Subp. 5.
Renewal.
A. An individual certified as an asbestos worker must apply for renewal of the
asbestos worker certification by submitting to the commissioner a completed
renewal application. Until the renewal certificate is issued by the commissioner,
the asbestos worker may continue to perform asbestos-related work for up to 30
calendar days from the date of completing the refresher training course, provided
the asbestos worker:
(1) has submitted the certification renewal application to the commissioner; and
(2) has a copy of the diploma, which is issued after completing an asbestos
worker refresher course, on site and available for review by the commissioner.
B. The renewal application must include:
(1) the completed renewal application on a form provided by the commissioner,
which seeks only information the commissioner reasonably considers necessary
to identify the applicant and to determine whether the applicant meets the statutory and regulatory requirements for renewal of certification;
(2) a nonrefundable renewal application fee of $50, which is not in the form of a
personal check, payable to the Minnesota Department of Health; and
(3) verifiable evidence of the training course diploma from the most recent
asbestos worker refresher training course required by subpart 3a.
Subp. 6.
Denial of asbestos worker certification.
The commissioner shall deny an application for asbestos worker certification if the
applicant fails to comply with all applicable requirements in this part. Additional
grounds for the commissioner to deny an application are stated in Minnesota Statutes, section 144.99, subdivision 8, paragraphs (a) and (b). An applicant:
A. must be notified in writing of the denial of the certificate and the reasons for
the denial; and
B. is not required to pay a second fee if the applicant submits a second asbestos
worker certification application according to subpart 4 or 5 within 30 days of
receipt of notice that the asbestos worker certification has been denied. Fees are required for all subsequent applications.
Subp. 7.
Duration of certificate; transfer.
An asbestos worker certificate issued by the commissioner is valid for one year
after the completion date on the training course diploma for the most recently
completed training course. The asbestos worker certificate is not transferable.
Subp. 8. Duplicate certificate.
To replace a lost, destroyed, or mutilated asbestos worker certificate, the
certified asbestos worker must submit a completed application for a duplicate
asbestos worker certificate and pay a charge to the Minnesota Department of
Health for the cost of duplicating the certificate.
Statutory Authority:
MS s 16A.1285; 144.05; 144.122; 326.70 to 326.81
History:
13 SR 568; 20 SR 2765; 25 SR 1894; 33 SR 739
Posted:
April 24, 2009
MISSOURI:
10 CSR 10-6.241 Asbestos Projects—Registration,
Notification and Performance
Requirements
PURPOSE: This rule requires asbestos contractors to register with the
department, to notify the department of each asbestos project, to allow the
department to inspect asbestos projects and to pay inspection fees. Each person
who intends to perform asbestos projects in Missouri must register annually with
the Missouri Department of Natural Resources, Air Pollution Control Program.
Each asbestos contractor must submit a notification to the appropriate agency of
the department for each asbestos project. Each notification for projects
exceeding a certain size must be accompanied by a fee. Asbestos contractor must
allow representatives of the department to conduct inspections of projects and
must pay inspection fees. The evidence supporting the need for this proposed
rulemaking, per section 536.016, RSMo, is the decision of the Cole County Court
case number CV 197-985 CC that found rule 10 CSR 10-6.240 void from
inception and state statute 643.242, RSMo that authorizes the commission to
assess a fee of $100 for each on-site inspection of asbestos projects.
(1) Applicability.
(A) This rule shall apply to—
1. All persons that authorize, design, conduct and work in asbestos projects; and
2. All persons that monitor air-borne asbestos and dispose of asbestos waste as a
result of asbestos projects.
(B) Exemptions. The department may exempt a person from registration,
certification and certain notification requirements provided the person conducts
asbestos projects solely at the person’s own place of business as part of normal
operations in the facility and also is subject to the requirements and applicable
standards of the United States Environmental Protection Agency (EPA) and United
States Occupational Safety and Health Administration (OSHA) 29 CFR 1926.1101.
This exemption shall not apply to asbestos contractors, to those subject to the
requirements of the Asbestos Hazard Emergency Response Act (AHERA) and to
those persons who provide a service to the public in their place(s) of business as
the economic foundation of the facility. These shall include, but not be limited to,
child daycare centers, restaurants, nursing homes, retail outlets, medical care
facilities, hotels and theaters. Business entities that have received state approved
exemption status shall comply with all federal air sampling requirements for their
planned renovation operations.
(2) Definitions. Definitions of certain terms specified in this rule may be found in
10 CSR10-6.020.
(3) General Provisions.
(A) Registration.
1. Any person that conducts an asbestos project shall register with the
department. Business entities that qualify for exemption status from the state
must reapply for exemption from registration.
2. The person shall apply for registration renewal on an annual basis, and two (2)
months before the expiration date shall send the application to the department
for processing. The contractor registration application or business exemption
information shall be submitted on the forms provided by the department.
3. Annually, the person submitting a registration application to the department
shall remit a nonrefundable fee of one thousand dollars ($1,000) to the
department.
4. To determine eligibility for registration and registration renewal, the
department may consider the compliance history of the applicant as well as that
of all management employees and officers. The department may also consider
the compliance record of any other entity of which those individuals were officers
and management employees.
(B) Abatement Procedures and Practices.
MONTANA:
TRAINING/CERTIFICATION/LICENSING:
17.74.362 ACCREDITATION REQUIREMENTS FOR ASBESTOSRELATED
OCCUPATIONS (1) Pursuant to 75-2-511, MCA, a person may not:
(a) engage in an asbestos-related occupation unless accredited in that occupation
by the department; or
(b) contract with or employ in an asbestos-related occupation a person not
accredited in that occupation by the department.
(2) A person seeking initial accreditation in an asbestos-related occupation shall:
(a) successfully complete either a training course approved by the department
pursuant to this subchapter, or a course approved by the U.S. Environmental
Protection Agency and shall pass an examination approved by the department;
and
(b) submit to the department a completed application form provided by the
department, with the fee required in ARM 17.74.402 and a copy of a certificate of
satisfactory completion from the course approved for that occupation.
(3) The department may deny, suspend, or revoke accreditation of a person
pursuant to 75-2-515, MCA. (History: 75-2-503, MCA; IMP, 75-2-511, MCA;
NEW,
2006 MAR p. 1574, Eff. 6/23/06.)
NEBRASKA
TITLE 178 ENVIRONMENTAL HEALTH
CHAPTER 22 ASBESTOS PROJECTS
22-001 SCOPE AND AUTHORITY
22-001.01 These regulations apply to the following individuals or entities, even if
licensure is waived or if an individual or entity is exempt from licensure:
22-001.01A Any private or public business entity as defined in these regulations
undertaking an asbestos project in Nebraska;
22-001.01B Any person working on an asbestos project or in an asbestos
occupation in Nebraska; and
22-001.01C Any person or entity offering a training course to qualify an
individual in an asbestos occupation for license or renewal of a license in
Nebraska.
22-001.01D As used in 178 NAC 22-001.01 and 22-001.02, an asbestos project
includes the following activities which may only be performed by licensed
individuals: Determining whether asbestos containing materials (ACM) exists,
assessing the condition of ACM, preparing plans and specifications for an
asbestos project, performing the asbestos project, and performing final clearance
air sampling or soil sampling at the end of an asbestos project.
22-001.02 These regulations, standards and fees implement the provisions of the
Asbestos Control Act, Neb. Rev. Stat. §§71-6301 to 71-6317, and will apply to
the licensing of firms involved in asbestos activities in Nebraska; the
accreditation of training courses for workers, supervisors, inspectors, project
designers, management planner and project monitors engaged in asbestos
activities performed in Nebraska; and licensure of asbestos professions in
Nebraska.
22-001.03 Additional authority is found in the Uniform Credentialing Act, the
Administrative Procedure Act and 184 NAC 1, the Department’s Rules of Practice
and Procedure.
NORTH CAROLINA
TRAINING/CERTIFICATION/LICENSING:
10A NCAC 41C .0602 ACCREDITATION
(a) No person shall perform asbestos management activities until that person has
been accredited by the Program in the appropriate accreditation category, except
as provided for in G.S. 130A-447, (b) and (c).
(b) An applicant for accreditation shall meet the provisions of the "EPA Model
Contractor Accreditation Plan" contained in 40 CFR Part 763, Subpart E, Appendix
C and successfully complete applicable training courses approved by the Program
pursuant to Rule .0603 of this Section. However, an applicant applying for roofing
worker or roofing supervisor accreditation shall only be required to successfully
complete the applicable training courses as described under Rule .0611 of this
Section.
(c) In addition to the requirements in Paragraph (b) of this Rule, an applicant,
other than for the worker or roofing worker categories, shall meet the following:
(1) an applicant for initial accreditation shall have successfully completed an
approved initial training course for the specific discipline within the 12 months
immediately preceding application. If initial training was completed more than 12
months prior to application, the applicant shall have successfully completed an
approved refresher training course for the specific discipline at least every 24
months from the date of completion of initial training to the date of application;
(2) an inspector shall have:
(A) a high school diploma or equivalent; and
(B) at least three months of asbestos related experience as, or under the direct
supervision of, an accredited inspector, or equivalent experience;
(3) a management planner shall have a high school diploma or equivalent and
shall be an accredited inspector;
(4) a supervisor or roofing supervisor shall have:
(A) a high school diploma or equivalent; except that this requirement shall not
apply to supervisors that were accredited on November 1, 1989, or roofing
supervisors that were accredited prior to April 1, 1997; and
(B) at least three months of asbestos related experience as, or under the direct
supervision of, an accredited supervisor, or equivalent experience;
(5) an abatement designer shall have:
(A) a high school diploma or equivalent; and
(B) at least three months of asbestos related experience as, or under the direct
supervision of, an accredited abatement designer, or equivalent experience;
(6) an air monitor shall work only under an accredited supervising air monitor or
meet the provisions of Part (c)(7)(C) of this Rule. However, this requirement
shall not apply to the owner or operator of a building and his permanent
employees when performing air monitoring in non-public areas. In addition, all air
monitors shall meet the following requirements:
(A) Education and Work Experience:
(i) a high school diploma or equivalent;
(ii) three months of asbestos air monitoring experience as, or under the direct
supervision of, an accredited air monitor or equivalent within 12 months prior to
applying for accreditation;
(B) Training Requirements:
(i) complete a Program approved NIOSH 582 or Program approved NIOSH 582
equivalent and meet the initial and refresher training requirements of this Rule
for supervisors; Program approved project monitor refresher course may be
substituted for the supervisor refresher course; or
(ii) meet the initial and refresher training requirements of this Rule for a Program
approved five-day project monitor course and a Program approved annual
refresher course;
(iii) air monitors with a valid accreditation on October 1, 1994 shall have until
October 1, 1995 to meet the training requirements for air monitors set forth in
this Paragraph;
(7) a supervising air monitor shall meet the following requirements:
(A) Education and Work Experience:
(i) a high school diploma or equivalent;
(ii) three months of asbestos air monitoring experience as, or under the direct
supervision of, an accredited air monitor or equivalent within 12 months prior to
applying for accreditation;
(B) Training Requirements:
(i) complete a Program approved NIOSH 582 or Program approved NIOSH 582
equivalent and meet the initial and refresher training requirements of this Rule
for supervisors; a Program approved project monitor refresher course may be
substituted for the supervisor refresher course; or
(ii) meet the initial and refresher training requirements of this Rule for a Program
approved five-day project monitor course and a Program approved annual
refresher course;
(iii) supervising air monitors with a valid accreditation on October 1, 1994 shall
have until October 1, 1995 to meet the training requirements for supervising air
monitors set forth in this Paragraph;
(C) Professional Status:
(i) a supervising air monitor who was accredited as an air monitor on or after
February 1, 1991, or an air monitor accredited prior to that date who has not
continuously maintained accreditation, shall be a Certified Industrial Hygienist;
(ii) a supervising air monitor who was accredited as an air monitor prior to
February 1, 1991, who has continuously maintained accreditation shall be a
Certified Industrial Hygienist, Professional Engineer, or Registered Architect;
(D) Air monitors with a valid accreditation on January 1, 1995 supervising other
accredited air monitors shall be deemed to be accredited supervising air monitors
for the duration of their existing air monitor accreditation.
(d) To obtain accreditation, the applicant shall submit, or cause to be submitted,
to the Program:
(1) a completed application on a form provided by the Program with the following
information:
(A) full name and social security number of applicant;
(B) address, including city, state, zip code, and telephone number;
(C) date of birth, sex, height, and weight;
(D) discipline applied for;
(E) name, address, and telephone number of employer;
(F) training agency attended;
(G) name of training course completed;
(H) dates of course attended;
(2) two current 1¼ inch x 1¼ inch color photographs of the applicant with
applicant's name and social security number printed on the back;
(3) confirmation of completion of an approved initial or refresher training course
from the training agency; the confirmation shall be in the form of an original
certificate of completion of the approved training course bearing the training
agency's official seal, or an original letter from the training agency confirming
completion of the course on training agency letterhead, or an original letter from
the training agency listing names of persons who have successfully completed the
training course, with the applicant's name included, on the training agency
letterhead;
(4) when education is a requirement, a copy of the diploma or other written
documentation;
(5) when experience is a requirement, work history documenting asbestos
related experience, including employer name, address and phone number;
positions held; and dates when the positions were held; and
(6) when applicants for initial air monitor accreditation are working under an
accredited supervising air monitor pursuant to Subparagraph (c)(6) of this Rule,
the accredited supervising air monitor shall submit an original, signed letter
acknowledging responsibility for the applicant's air monitoring activities. The
applicant shall ensure that a new letter is submitted to the Program any time the
information in the letter currently on file is no longer accurate.
(e) All accreditations shall expire at the end of the 12th month following
completion of required initial or refresher training. Work performed after the 12th
month and prior to reaccreditation shall constitute a violation of this Rule. To be
reaccredited, an applicant shall have successfully completed the required
refresher training course within 24 months after the initial or refresher training
course. An applicant for reaccreditation shall also submit information specified in
Subparagraphs (d)(1)-(d)(6) of this Rule. If a person fails to obtain the required
training within 12 calendar months after the expiration date of accreditation, that
person may be accredited only by meeting the requirements of Paragraphs (b),
(c), and (d) of this Rule.
(f) All accredited persons shall be assigned an accreditation number and issued a
photo-identification card by the Program.
(g) In accordance with G.S. 130A-23, the Program may revoke accreditation or
reaccreditation for any violation of G.S. 130A, Article 19 or the rules in this
Section, or upon finding that its issuance was based upon incorrect or inadequate
information that materially affected the decision to issue accreditation or
reaccreditation. The Program may also revoke accreditation or reaccreditation
upon a finding that the accredited person has violated any requirement
referenced in Rule .0605(e) of this Section. A person whose accreditation is
revoked because of fraudulent misrepresentations or because of violations that
create a significant public health hazard shall not reapply for accreditation before
six months after the revocation and shall repeat the initial training course and
other requirements as set out in Paragraphs (b), (c), and (d) of this Rule.
NORTH DAKOTA
TRAINING/CERTIFICATION/LICENSING:
23-25-03.1. Licensing of asbestos and lead-based paint contractors and
certification of asbestos and lead-based paint workers. The department is
charged with the responsibility of administering and enforcing a licensing
program for asbestos contractors and lead-based paint contractors and a
certification program for asbestos workers and lead-based paint workers and is
given and charged with the following powers and duties:
1. To require training of, and to examine, asbestos workers and lead-based paint
workers.
2. To establish standards and procedures for the licensing of contractors, and the
certification of asbestos workers engaging in the abatement of friable asbestos
materials or nonfriable asbestos materials that become friable during abatement,
and to establish performance standards for asbestos abatement. The
performance standards will be as stringent as those standards adopted by the
United States environmental protection agency pursuant to section 112 of the
Federal Clean Air Act, as amended.
3. To establish standards and procedures for the licensing of contractors and the
certification of lead-based paint workers engaging in the abatement of lead-based
paint and to establish performance standards for lead-based paint abatement in
accordance with title 40, Code of Federal Regulations, part 745, sections 220,
223, 225, 226, 227, and 233.
4. To issue certificates to all applicants who satisfy the requirements for
certification under this section and any rules under this section, to renew
certificates, and to suspend or revoke certificates for cause after notice and
opportunity for hearing.
5. To establish an annual fee and renewal fees for licensing asbestos contractors
and lead-based paint contractors and certifying asbestos and lead-based paint
workers and to establish examination fees for asbestos and lead-based paint
workers under section 23-25-04.2. The annual, renewal, and examination fees
for lead-based contractors and workers may not exceed those charged to
asbestos contractors and workers.
6. To establish indoor environmental nonoccupational air quality standards for
asbestos.
7. To adopt and enforce rules as necessary for the implementation of this section.
For nonpublic employees performing asbestos abatement in facilities or on facility
components owned or leased by their employer, only the provisions of rules
adopted in accordance with the federal Asbestos Hazard Emergency Response Act
of 1986 [Pub. L. 99-519; 100 Stat. 2970; 15 U.S.C. 2641 et seq.], as amended,
or the federal Clean Air Act [Pub. L. 95-95; 91 Stat. 685; 42 U.S.C. 7401 et
seq.], as amended, apply to this section. This does not include ownership that
was acquired solely to effect a demolition or renovation.
NEW HAMPSHIRE:
TRAINING/CERTIFICATION/LICENSING:
PART Env-A 1809 APPROVAL OF ASBESTOS TRAINING PROVIDERS AND
COURSES; OBLIGATIONS OF TRAINING PROVIDERS
Env-A 1809.01 Training Approval. All training courses that are used to fulfill
licensure and certification requirements for asbestos abatement and school
asbestos abatement planning shall be approved by:
(a) The EPA;
(b) An EPA-approved state accreditation program; or
(c) The department, pursuant to Env-A 1809.02 and Env-A 1809.03.
Env-A 1809.02 Request for Approval of Training Course. Any training provider
seeking approval of one or more training course(s) shall submit the following in
writing to the department for each proposed course:
(a) The name(s) of the training provider as shown on the approval issued
pursuant to Env-A 1809.04;
(b) The name of the specific course for which approval is sought;
(c) Whether the course is intended for initial certification or as a refresher;
(d) An outline of the training course that shows the topics to be covered and the
amount of time to be given to each topic;
(e) A copy of the applicant’s instruction manual for the training course, and all
printed material to be distributed in each course;
(f) A description of the teaching methods to be employed, including a description
of any audio-visual aids to be used;
(g) A description of the hands-on facility to be used, including the protocol for
instruction, the number of students to be accommodated, and the number of
instructors;
(h) A description of the equipment that will be used in both classroom lectures
and in hands-on training;
(i) The name and qualifications of each individual who will provide the training for
the course, including education, training, and experience;
(j) An example of the written examination to be given in the course;
(k) A copy of the certificate of completion to be given to successful course
participants; and
(l) Any additional information that may be needed to demonstrate that the
proposed course will meet the criteria for approval specified in Env-A 1809.03.
South Carolina
TRAINING/CERTIFICATION/LICENSING:
SECTION IV. - PERSONNEL LICENSING REQUIREMENTS.
A. Applicability.
1. No person or contractor shall engage in any asbestos project or abatement
involving RACM, or ACM rendered regulated by removal techniques or methods,
unless licensed to do so by the Department.
2. Every contractor, supervisor, worker, air sampler, project designer, building
inspector, or management planner who engages in any asbestos project shall
have a current and valid license specific to the duties performed under the
license.
3. When a person or contractor engaged in an asbestos project performs duties in
more than one discipline, a separate license shall be obtained specific for each
discipline. However, a management planner may perform the duties of a building
inspector, and a supervisor may perform the duties of a worker without having to
obtain separate licenses.
4. A license in any discipline shall only be utilized in accordance with the
conditions and provisions contained in the license.
5. When an individual or a company for hire plans to remove RACM, a
Department-issued asbestos contractor license must be obtained prior to
performing abatement.
B. Training Documentation.
Acceptable documentation of training shall be:
1. An original certificate issued by a Department-approved training course
provider and that meets the requirements specified in this regulation; or
2. A valid, original license or accreditation (photocopies or telephone facsimile
transmissions shall not be accepted) issued by a state with which the Department
has a reciprocal arrangement; or
3. A letter verifying successful completion of training, which includes the name,
last four digits of Social Security number, unique certificate number, test score,
and printed name and signature of the course instructor and which is sent
directly to the Department from the training provider.
C. License Application.
1. Each applicant seeking an asbestos personnel license in any discipline shall:
a. Successfully complete a Department-approved initial training course specific to
the discipline and, at the conclusion of the course, pass an examination with a
score of 70 percent or above;
b. Submit a completed application to the Department in a format designated by
the Department;
c. Submit a color passport style photo or have a photo taken by the Department.
Digital photos should be at least one mega pixel in resolution. Still photos should
be a minimum of 2‖ x 2‖ and a maximum of 3‖ x 5‖.
2. The application must state the type of license for which the application is being
made and must include all of the following information:
a. Supervisor License:
(1) Applicant’s name, Social Security number, mailing address, telephone
number, and, when applicable, company affiliation; and
(2) Documentation of successful completion of an initial asbestos abatement five-
day supervisor training course and all subsequent eight-hour refresher training
courses, if applicable.
b. AHERA Worker License:
(1) Applicant’s name, Social Security number, mailing address, telephone
number, and, when
applicable, company affiliation; and
(2) Documentation of successful completion of an initial asbestos abatement
four-day worker training course and all subsequent eight-hour refresher training
courses, if applicable.
c. Air Sampler License:
(1) Applicant’s name, Social Security number, mailing address, telephone
number, and, when applicable, company affiliation;
(2) Documentation of successful completion of an initial asbestos abatement five-
day supervisor training course; and
(3) Documentation of successful completion of NIOSH 582 course or equivalent,
or
documentation that the applicant is a Certified Industrial Hygienist.
d. Project Designer License:
(1) Applicant’s name, Social Security number, mailing address, telephone
number, and, when applicable, company affiliation; and
(2) Documentation of successful completion of an initial three-day asbestos
abatement project designer training course and all subsequent eight-hour
refresher training courses.
e. Building Inspector License:
(1) Applicant’s name, Social Security number, mailing address, telephone
number, and, when applicable, company affiliation; and
(2) Documentation of successful completion of an initial three-day asbestos
building inspector training course and all subsequent four-hour refresher training
courses, if applicable.
f. Management Planner License:
(1) Applicant’s name, Social Security number, mailing address, telephone
number, and, when applicable, company affiliation; and
(2) Documentation of successful completion of an initial three-day asbestos
building inspector
training course and all subsequent four-hour refresher training courses, if
applicable; and
(3) Documentation of successful completion of an initial two-day asbestos
management
planners’ training course and all subsequent four-hour refresher training courses,
if applicable.
g. Contractor’s License:
(1) Company name, mailing address, street address, telephone number, name,
and title of a
responsible company official, registered agent with the South Carolina Secretary
of State’s office, and the Federal Employer Identification Number (FEIN); and
(2) The name and license number of a company employee who is currently
licensed as a
supervisor in affiliation with that company pursuant to this regulation, or an
application completed as required herein for a supervisor’s license for a company
employee.
h. Non-Industrial Facility O&M Group License (this license is facility-affiliated
only):
(1) The facility representative shall, on company letterhead, submit the name,
Social Security number, and type of training received for each individual to be
covered under the facility license; and
(2) Documentation shall be submitted in the form of an original initial and/or
refresher asbestos training certificate that is discipline-specific for the duties to
be performed by each individual covered under the facility license.
D. Continuing Education.
1. After successful completion of an approved initial training course, an applicant
seeking a license in any discipline except that of Contractor shall thereafter
successfully complete a Department-approved initial or refresher training course
specific to the discipline and, at the conclusion of each course, shall pass an
examination with a score of 70 percent or above.
2. If more than 12 months but fewer than 24 months have elapsed since
completing an initial or refresher training course, an applicant shall successfully
complete either a refresher training course or an initial training course.
3. If more than 24 months have elapsed since successfully completing an initial
or refresher training course, an applicant shall complete an initial training course.
4. The Department may require additional initial or refresher training specific to
the requirements of this regulation or to air sampling strategies.
E. Action on an Application.
1. Within 15 calendar days after receiving an application, the Department will
acknowledge receipt of the application and notify the applicant of any deficiency
in the application. Within 30 calendar days after receiving a completed
application, including all additional information requested, the Department will
issue a license or deny the application.
2. The Department reserves the right to request documentation to verify an
applicant’s previous training or accreditation in any discipline prior to issuing a
license.
3. The Department reserves the right to request documentation, including Social
Security numbers, to verify an applicant’s identity prior to issuing a license.
F. Denial.
1. The Department shall deny an application if it determines that the applicant
has not demonstrated the ability to comply with applicable requirements,
procedures, and standards established by:
a. The Department as per South Carolina Regulation 61-86.1;
b. Chapter 87 of the 1976 South Carolina Code of Laws, as amended;
c. The U. S. Environmental Protection Agency as per:
(1) National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61,
Subpart M, as amended, and any subsequent amendments and editions; and
(2) Asbestos-Containing Materials in Schools, 40 CFR Part 763, Subpart E, as
amended, and any subsequent amendments and editions; and
d. Occupational Safety and Health Administration in 29 CFR Part 1926.1101 and
1910.1001, as amended, and any subsequent amendments and editions.
2. The Department shall deny a license to any applicant who has failed to comply
with the
requirements of a properly issued consent, administrative, or judicial order
initiated by the Department.
3. The Department shall deny a license to any applicant if it determines that any
information or documentation, including a Social Security number, required by
this regulation is fraudulent or has been altered or falsified.
4. The Department shall deny a license to any applicant who fails to remit
applicable fees.
5. The Department shall deny a license to any applicant who submits fraudulent
or falsified information or documents.
6. The Department will not return fees submitted with any invalid or falsified
training and/or
identification documents submitted for the purposes of licensing.
7. The Department shall send notification of the denial of an application by
certified mail, unless the individual is present when the application is evaluated,
in which case the Department will inform the applicant in person of the denial.
8. Reapplication after denial. An application denied per this Section shall be
resubmitted as follows:
a. For failure to comply with the requirements of a properly issued consent,
administrative, or judicial order initiated by the Department, the application shall
not be considered until the applicant complies with said order.
b. For altered or falsified documents, including but not limited to, training
certificates, Social Security cards or numbers, and photo IDs, the application
shall not be considered by the Department prior to 180 days after receipt of such
documents and will only be considered thereafter with proper proof of the
applicant having successfully completed an initial course in the discipline in which
licensure is sought.
c. For failure to remit applicable fees, the application shall not be considered until
all applicable fees have been received.
9. The applicant may request a hearing pursuant to the provisions of this
regulation.
G. Conditions and Generic Alternatives.
In granting a license, the Department may impose reasonable terms and
conditions to ensure continuous compliance with the requirements of this
regulation.
H. Duration of Licenses.
1. A license shall automatically become invalid if an instrument of payment is
returned for
insufficient funds.
2. A Contractor’s license shall expire one year from the issue date, unless the
Department suspends or revokes the license at an earlier date. A Contractor’s
license shall be considered invalid unless at least one company employee
maintains a current, company-affiliated supervisor’s license pursuant to this
regulation.
3. All other licenses shall expire one year from the examination date printed on
the license, which is based on the most recent acceptable training certificate
submitted with the application, unless the Department suspends or revokes the
license at an earlier date.
4. No license shall be extended beyond its expiration date.
VIRGINIA
TRAINING/CERTIFICATION/LICENSING:
ACCREDITED ASBESTOS TRAINING PROGRAM STANDARDS
18VAC15-20-700. General.
In all of the following accredited asbestos training program (training program)
requirements, one day shall be equal to eight hours, inclusive of lunch and
breaks.
Historical Notes
Derived from VR137-01-02 § 16.1, eff. September 1, 1994; amended, Virginia
Register Volume 18, Issue 6, eff.
January 2, 2002.
18VAC15-20-710. Worker training.
Asbestos abatement workers shall complete at least a four-day (32 hours)
training program as outlined below. All training programs shall be approved by
the board. The accredited asbestos training program shall include lectures,
demonstrations, at least 14 hours of hands-on training, a training program
review, and an examination. The training shall address the following topics:
1. Physical characteristics of asbestos.
a. Identification of asbestos.
b. Aerodynamic characteristics.
c. Typical uses and physical appearance.
d. A summary of abatement control options.
2. Potential health effects related to asbestos exposure.
a. The nature of asbestos-related diseases.
b. Routes of exposure, dose-response relationships and the lack of a safe
exposure level.
c. Synergism between cigarette smoking and asbestos exposure.
d. Latency period for disease.
3. Employee personal protective equipment.
a. Classes and characteristics of respirator types.
b. Limitations of respirators and their proper selection, inspection, donning, use,
maintenance, and storage procedures.
c. Methods for field testing of the face piece-to-face seal (positive and negative
pressure fitting tests).
d. Qualitative and quantitative fit testing procedures.
e. Variability between field and laboratory protection factors.
f. Factors that alter respirator fit (e.g., facial hair).
g. The components of a proper respiratory protection program.
h. Selection and use of personal protective clothing; use, storage, and handling
of nondisposable clothing.
i. Regulations covering personal protective equipment.
4. State-of-the-art work practices.
a. Asbestos abatement activities including descriptions of construction and
maintenance of barriers and decontamination enclosure systems.
b. Positioning of warning signs.
c. Electrical and ventilation system lock-out.
d. Working techniques for minimizing fiber release, use of wet methods, use of
negative pressure ventilation equipment, use of high efficiency particulate air
(HEPA) vacuums.
e. Clean-up and disposal procedures.
f. Work practices for removal, encapsulation, enclosure, and repair.
g. Emergency procedures for sudden releases.
h. Potential exposure situations, and transport and disposal procedures.
55
i. Recommended and prohibited work practices.
5. Personal hygiene.
a. Entry and exit procedures for the work area, use of showers, avoidance of
eating, drinking, smoking, and chewing (gum or tobacco) in the work area.
b. Potential exposures, including family exposure.
6. Additional safety hazards.
a. Hazards encountered during abatement activities and how to deal with them,
including electrical hazards, heat stress, air contaminants other than asbestos,
fire and explosion hazards.
b. Scaffold and ladder hazards.
c. Slips, trips and falls.
d. Confined spaces.
7. Medical monitoring.
a. OSHA requirements for a pulmonary function test.
b. Chest X-rays and a medical history for each employee.
8. Air monitoring.
a. Procedures to determine airborne concentrations of asbestos fibers.
b. Focusing on how personal air sampling is performed and the reasons for it.
9. Relevant federal, state and local regulatory requirements, procedures and
standards, with particular attention directed at relevant EPA, OSHA, and state
regulations concerning asbestos abatement workers and Department of
Transportation regulations (49 CFR 172 Subpart H), with emphasis on packaging
requirements and marking of containers of ACM waste.
10. Establishment of respiratory protection programs.
11. Training program review. A review of key aspects of the accredited
asbestos training program.
Historical Notes
Derived from VR137-01-02 § 16.2, eff. September 1, 1994; amended, Virginia
Register Volume 18, Issue 6, eff. January 2, 2002.
18VAC15-20-720. Examinations: Asbestos abatement worker.
Upon completion of an approved initial training program, a closed-book
examinationwill be administered. Demonstration testing will also be permitted as
part of the examination. Each examination shall cover the topics included in the
training program. Persons who pass the examination and fulfill the training
program requirements will receive a Certificate of Completion as specified in this
chapter. The following are the requirements for an examination:
1. Fifty multiple choice questions; and
2. Passing score: 70% correct.
Historical Notes
Derived from VR137-01-02 § 16.3, eff. September 1, 1994; amended, Virginia
Register Volume 18, Issue 6, eff.
January 2, 2002.
18VAC15-20-730. Refresher training program.
NOTE: The above summarizes state law or legislation and is the property of the National Conference of State Legislatures (NCSL) and is intended as a reference for state legislators and their staff. NCSL makes no warranty, expressed or implied, or assumes any legal liability or responsibility for third party use of this information, or represents that its use by such third party would not infringe on privately owned rights.