| (a) Accreditation requirement. A person must be accredited
as a mold training provider to offer mold training courses that are
prerequisites for licensing.
(b) Authorizations and Conditions. The following shall
apply to issuance of accreditations under this section.
(1) Accredited training providers:
(A) may not transfer the accreditation to any other
person, including to any company that has bought the accredited entity;
and
(B) must apply for a name change within 30 calendar
days after a change in the name of the accredited entity only.
(2) A person must obtain accreditation before providing
training when the transfer of an accredited person occurs.
(3) A person shall not advertise, offer, or provide
a training course for fulfillment of requirements for a license or
renewal of a license under this chapter unless the department or the
department's designee has approved the course under §78.66.
(A) Accredited training providers may offer, without
department approval, mold remediation worker training courses and
other courses relevant to mold-related activities, including, but
not limited to, courses on respirator training and compliance.
(B) Accredited training providers shall use only approved
instructors for mold remediation worker training courses.
(4) Accredited training providers must offer approved
courses as described below.
(A) Each training course shall address only one license
type and shall not be combined with other areas of licensure. Initial
training courses shall not be combined with continuing education courses.
This prohibition against combined training applies to hands-on training
sessions as well as other aspects of the course.
(B) Training providers shall conduct each course in
one language throughout and a course shall not be combined with the
same course taught in another language. A training provider may offer
a course in a language other than English if all instructors and guest
speakers are fluent in that language and all books, training materials,
and course tests are in that language.
(C) Accredited mold training providers are authorized
to offer:
(i) a mold assessment technician or mold assessment
consultant training course to persons applying for a mold assessment
technician license; and
(ii) a mold assessment technician or mold assessment
consultant continuing education training course to persons renewing
a mold assessment technician license.
(5) Training providers shall not conduct any approved
course for more than eight training hours (including hands-on portions)
in a calendar day.
(6) A training provider must require instructors and
guest speakers to present in person during at least 50% of the classroom
instruction and all of the hands-on instruction. The training provider
may allow an instructor or guest speaker to use training films and
videos, but audiovisual materials shall not be used as substitutes
for the required in-person presentations or the hands-on instruction.
(7) Courses requiring hands-on practical training must
be presented in an environment that permits each student to have actual
experience performing tasks associated with the mold-related activity.
(8) The maximum number of students in a lecture session
shall be 40. Hands-on training sessions shall maintain a student-to-instructor
ratio of not more than 15 to one and must be conducted so that the
instructor is able to assist and evaluate each student individually.
Field trips shall maintain a student-to-instructor ratio of not more
than 40 to one.
(9) Accredited training providers shall conduct approved
training courses in facilities acceptable as classrooms and conducive
to learning. The facilities must have restrooms available for the
students.
(10) Course instructors shall maintain an attendance
record for each course and take attendance at the beginning of each
four-hour instruction segment. A student who is absent from more than
10% of the course instruction, including hands-on sessions and field
trips, is ineligible to complete the course.
(11) An accredited training provider shall verify and
keep a written record of the student scores on each course test.
(A) The training provider shall have a written policy
concerning the administration of tests, including allowing only one
re-test per student for each course.
(B) The use of the same questions for both the original
and re-test is prohibited.
(C) Oral course tests are not allowed; however, a training
provider may read the written test questions and possible answers
to a student who must then mark his or her answer on an answer sheet.
(D) If a student fails the re-test, the student must
repeat the course and pass a new test.
(12) An individual instructor shall not train himself/herself
to qualify for a license or a registration.
(c) Qualifications. To qualify for an accreditation,
a training provider must:
(1) have a written policy concerning refunds and cancellations
including cancellation procedures in all languages in which training
is offered;
(2) provide the refund and cancellation policy to students
before payment of fees;
(3) designate one or more individuals as responsible
persons;
(4) employ a mold training manager who meets at least
one of the following requirements in (A), (B), or (C):
(A) at least two years of experience, education, or
training in teaching adults;
(B) a bachelor's or graduate degree in building construction
technology, engineering, industrial hygiene, safety, public health,
education, or business administration or program management;
(C) at least two years of experience in managing an
occupational health and safety training program specializing in environmental
hazards; and
(D) has demonstrated experience, education, or training
in mold assessment or remediation, lead or asbestos abatement, occupational
safety and health, or industrial hygiene;
(5) provide for each course a qualified principal instructor
who is:
(A) approved by the training provider; and
(B) meets the requirements under §78.66; and
(6) develop and implement a plan to maintain and improve
the quality of the training program. This plan shall contain at least
the following elements:
(A) procedures for periodic revision of training materials
and the course test to reflect innovations in the field; and
(B) procedures for the training manager's annual review
of instructor competency.
(d) Eligibility for accreditation. To obtain a mold
training provider accreditation, a person must:
(1) comply with subsection (c); and
(2) pay the fee required under §78.80.
(e) Applications. Unless otherwise indicated, an applicant
must submit all required information and documentation on department-approved
forms or in a manner specified by the department. In addition to fulfilling
the requirements in §78.21, an applicant must submit the following
required documentation:
(1) the name, address, and occupation of each person
that has an ownership interest of 10% or more in the applicant;
(2) a complete application for approval of at least
one training course; and
(3) a description of the training provider's organization,
including:
(A) the address of its central office;
(B) the names and business addresses of its principals;
(C) the name of each individual designated by the applicant
as a responsible person;
(D) a statement of any affiliation with other mold-related
companies doing business in Texas;
(E) a listing of the courses to be offered; and
(F) the identity of the qualified staff member designated
as the mold training manager.
(f) Responsibilities. In addition to the requirements
of §78.70 and all other applicable responsibilities in this chapter,
an accredited mold training provider shall:
(1) present to students all course information and
material approved by the department;
(2) furnish appropriate equipment in good working order
and in sufficient quantities for each training session in which equipment
is required;
(3) maintain the hands-on skills assessment to ensure
that it accurately evaluates student performance of the work practices
and procedures associated with the course topics contained in §78.68;
Cont'd... |
