| (a) License required. A person must be licensed as
an asbestos training provider to offer training to an individual who
seeks MAP accreditation or a DSHS license.
(b) Licensee scope of practice.
(1) Licensee practice and limitations.
(A) A licensed asbestos training provider may offer,
schedule, and conduct any of the following courses for which the provider
has received DSHS approval:
(i) one or more asbestos training courses designed
to meet accreditation requirements in accordance with the MAP;
(ii) the Asbestos Air Monitoring Technician course,
as required in §296.73 of this chapter (relating to Asbestos
Training Courses); and
(iii) the Texas Asbestos Law and Rules course, as required
in §296.73 of this chapter.
(B) An asbestos training provider must not:
(i) allow instructors to self-train in order to qualify
for approval under subsection (f) of this section or accreditation;
(ii) combine course disciplines, hands-on training
sessions, or other aspects of two courses, such as the Asbestos Abatement
Worker course and the Asbestos Contractor/Supervisor course, that
must not be taught in a combined course;
(iii) combine an initial training course with a refresher
training course;
(iv) combine an Asbestos Abatement Worker course taught
in one language with an Asbestos Abatement Worker course taught in
another language;
(v) allow an instructor to teach the Asbestos Abatement
Worker course in a language other than English unless the instructor
can speak, read, and write effectively in that language;
(vi) allow a guest speaker to present more than 15%
of a course; or
(vii) allow an unapproved instructor to teach an asbestos
training course.
(2) Licensee responsibilities. An asbestos training
provider may be held responsible for a violation under this chapter
by its employees or the responsible person. An asbestos training provider
must:
(A) require the responsible person to:
(i) oversee the operations for the asbestos training
provider activities; and
(ii) comply with the applicable requirements of this
chapter;
(B) require that its responsible person and any employee
who performs an activity on behalf of the asbestos training provider
comply with all applicable:
(i) responsibilities for approved asbestos training
instructors, as required in subsection (f) of this section; and
(ii) requirements of this chapter;
(C) provide for the course training equipment to be
on-site and in proper working order;
(D) provide for training in an environment that is
conducive to learning and without excessive or avoidable external
distractions and must:
(i) not utilize a classroom for other purposes while
training is being conducted; and
(ii) only use facilities that have the following:
(I) adequate lighting;
(II) adequate seating and workspace for each trainee;
(III) a climate-controlled environment in all areas
used for training; and
(IV) clean restrooms that are readily accessible and
in proper working order;
(E) provide training taught by only asbestos training
instructors who:
(i) are approved by DSHS to teach the course; and
(ii) possess current accreditation or training for
the course being taught;
(F) ensure that each approved asbestos training instructor
employed by the asbestos training provider:
(i) presents all course materials as outlined in the
syllabus and as presented to DSHS for approval;
(ii) provides a course review to improve comprehension
before administering the course examination; and
(iii) administers a closed-book examination at the
conclusion of each initial training course;
(G) comply with course notification requirements in
subsection (c) of this section;
(H) specify in promotional materials the course prerequisites
for admission, the content of the course and requirements for successful
completion;
(I) comply with requirements for each asbestos training
course for which the asbestos training provider is licensed, as required
in §296.73 of this chapter, including requiring and verifying
that:
(i) the number of trainees does not exceed the applicable
trainee-to-instructor ratio; and
(ii) a trainee who has not met attendance standards
or who has not passed the required final examination is not issued
a training certificate;
(J) confirm that each trainee possesses current accreditation
or is within the 12-month grace period before granting the trainee
admission to a refresher training course;
(K) inform each prospective trainee, in the language
of the course being taught, of the following:
(i) that requirements and qualifications apply to each
category of license being sought under this chapter and that more
information can be found on the DSHS website;
(ii) that, to maintain accreditation, refresher training
must be taken before the accreditation expiration date, including:
(I) a 12-month grace period after the accreditation
expiration date to take the refresher training course to renew the
accreditation during which time an individual must not perform any
activity for which accreditation is required until the refresher training
course is successfully completed and the accreditation is renewed;
and
(II) that if the accreditation is not timely renewed
within the 12-month grace period, the initial training must be completed
again in order to obtain accreditation; and
(iii) that a trainee may not complete the course if
the trainee misses more than 10% of a training course;
(L) provide instructions for locating the registration
form for the state licensing examination and the examination schedule
on DSHS's website;
(M) record each trainee's examination score;
(N) maintain security of all training certificates
to ensure that trainees do not have access to the certificates until
successful completion of the course;
(O) at the conclusion of each training course, issue
a training certificate that meets the requirements in subsection (d)(1)(Q)
of this section to each trainee who has completed the course and passed
the required final examination;
(P) at the conclusion of each training course, issue
a wallet-size photograph identification (ID) card that meets the requirements
in subsection (d)(1)(R) of this section to each trainee who has completed
the course and passed the required examination;
(Q) submit a training course roster to DSHS within
10 working days after the completion date of each course, including:
(i) the name of each trainee;
(ii) the unique identifier of each trainee that is
determined by the asbestos training provider;
(iii) specification of successful or unsuccessful course
completion for each trainee; and
(iv) an attached color group photograph of all trainees
who successfully completed the course that is:
(I) taken at the end of the training course; and
(II) of sufficient size and clarity to identify each
trainee;
(R) report a change of the responsible person in writing
to DSHS within 10 working days after the change;
(S) permit DSHS representatives to observe, evaluate,
and monitor any training course;
(T) cooperate with DSHS personnel during any inspection
or investigation, as required in §296.271 of this chapter (relating
to Inspections and Investigations); and
(U) comply with recordkeeping requirements, as required
in §296.291 of this chapter (relating to Recordkeeping).
(c) Course notification requirements.
(1) Course notifications. An asbestos training provider
must notify DSHS of each scheduled course. DSHS must receive the notification
at least 10 working days before the start date of the course. A notification
may include multiple courses. The notification must include:
(A) the name, license number, and contact phone number
of the asbestos training provider;
(B) the name, and contact phone number of the asbestos
training instructor;
(C) the name of the course, and for the Asbestos Abatement
Worker course, the language that the course is conducted in specified
in the course name;
Cont'd... |
