| (11) The training manager shall be responsible for ensuring that the training program complies at all times with all of the requirements in subsection (e) of this section. (12) The training program manager shall allow the department to audit the training program at any reasonable time to verify the contents of the application for accreditation as described in subsection (c) of this section and to verify that the requirements of subsection (e) of this section are being met. (13) The training program manager shall furnish the department with a copy of all scheduled courses and shall notify the department at least 24 hours in advance of any course cancellations or changes. Course schedules shall be postmarked or faxed to the department at least seven working days prior to conducting any course on the schedule. In the event that a training course must be scheduled immediately due to an emergency, notification to the department must be made as soon as possible, but no less than 48 hours prior to commencement of the course. Written justification for not notifying the department seven working days in advance must be provided with the emergency training request. (14) The training program manager shall submit to the department a list of those individuals successfully completing a course including the name, social security number (optional) or other identifying information, and the date of course completion postmarked or faxed to the department within ten working days of the completion of the course. (e) Minimum training curriculum requirements. To become accredited to offer lead-based paint activities instruction in the specific disciplines listed in paragraphs (1) - (5) of this subsection, training program providers must ensure that their courses of study include the following course topics. Requirements beginning with an asterisk (*) indicate areas that require hands-on activities as an integral component of the course. (1) Lead inspector instruction: (A) role and responsibilities of the inspector; (B) background information on lead and its adverse health effects; (C) background information regarding federal, state, and local regulations and guidance that pertain to lead-based paint and lead-based paint activities including the Texas Environmental Lead Reduction Rules; (D) * lead-based paint inspection methods, including selection of rooms and components for sampling or testing; (E) * paint, dust, and soil sampling methodologies; (F) * clearance standards and testing, including random sampling; (G) * preparation of the written final inspection report; and (H) recordkeeping. (2) Lead risk assessor instruction: (A) role and responsibilities of the risk assessor; (B) collection of background information to perform a risk assessment; (C) sources of environmental lead contamination such as paint, surface dust and soil, water, air, packaging, and food; (D) * visual inspection for the purposes of identifying potential sources of lead-based paint hazards; (E) lead hazard screen protocol; (F) * sampling for other sources of lead exposure; (G) * interpretation of lead-based paint and other lead sampling results, including all applicable state and federal guidance or regulations pertaining to lead-based paint hazards; (H) development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead-based paint hazards; and (I) preparation of a final risk assessment report. (3) Lead abatement supervisor instruction: (A) role and responsibilities of the supervisor; (B) background information on lead and its adverse health effects; (C) background information regarding federal, state, and local regulations and guidance that pertain to lead-based paint abatement including the Texas Environmental Lead Reduction Rules; (D) liability and insurance issues relating to lead-based paint abatement; (E) contract specifications and cost estimation; (F) community relations; (G) project management and supervisory techniques; (H) * risk assessment and inspection report interpretation; (I) development and implementation of an occupant protection plan and abatement report; (J) * lead-based paint hazard recognition and control; (K) * lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices; (L) * interior dust abatement/cleanup or lead-based paint hazard control and reduction methods; (M) * soil and exterior dust abatement or lead-based paint hazard control and reduction methods; (N) clearance standards and testing; (O) cleanup and waste disposal; and (P) recordkeeping. (4) Lead abatement project designer instruction: (A) role and responsibilities of the project designer; (B) contract specifications and cost estimation for abatement projects; (C) development and implementation of an occupant protection plan for abatement projects; (D) lead-based paint abatement and lead hazard reduction methods, including restricted practices for abatement projects; (E) interior dust abatement/cleanup or lead hazard control and reduction methods for abatement projects; (F) clearance standards and testing for abatement projects; and (G) integration of lead-based paint abatement methods with modernization and rehabilitation projects for abatement projects. (5) Lead abatement worker instruction: (A) role and responsibilities of the lead abatement worker; (B) background information regarding lead and its adverse health effects; (C) background information regarding federal, state, and local regulations and guidance that pertain to lead-based paint abatement including the Texas Environmental Lead Reduction Rules; (D) * lead-based paint hazard recognition and control; (E) * lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices; (F) * interior dust abatement methods/cleanup or lead-based paint hazard reduction; and (G) * soil and exterior dust abatement methods or lead-based paint hazard reduction. (f) Minimum requirements for the accreditation of refresher training program providers. A training program provider may apply for accreditation to teach as many different refresher training courses as it chooses. To teach an accredited refresher course, a training program provider must be accredited, or concurrently applying for accreditation, to provide instruction in the corresponding full course (e.g., lead-based paint inspector, abatement supervisor). To obtain department accreditation to offer refresher training, a training program provider must meet the following minimum requirements. (1) Each refresher course shall review the curriculum topics of the full-length courses listed under subsection (e) of this section, as appropriate. In addition, to become accredited to offer refresher training courses, training programs shall ensure that their courses of study include, at a minimum, the following: (A) an overview of current safety practices relating to lead-based paint activities in general as well as discipline-specific information; (B) current laws and regulations relating to lead-based paint activities in general as well as discipline-specific information; and (C) current technologies relating to lead-based paint activities in general as well as discipline-specific information. (2) Each refresher course, except for the project designer course, shall last a minimum of eight training hours and shall include a hands-on skills assessment if required in the original course. The project designer refresher course shall last a minimum of four training hours and does not require a hands-on skills assessment. (3) Each student shall be required to pass a course test that covers all of the topics contained in the course. Passing students shall be provided with a refresher course completion certificate. (4) A training program provider seeking refresher course accreditation shall submit to the department a written application containing the following: (A) the training program provider's name, address, and telephone number; (B) a list of the refresher courses for which it is applying for accreditation; (C) a copy of the table of contents and course-identifying cover sheet of the student and instructor manuals for each course; (D) a statement signed by the training program manager certifying that the program complies at all times with all requirements of subsection (f) of this section; and (E) the course test blueprint for each refresher course. (5) If a training program provider applies for accreditation of a refresher course concurrently with its application for accreditation of the corresponding training course, the department shall use the approval procedure described in subsection (c) of this section. (6) If an application for refresher training accreditation is received apart from an application for accreditation as described in subsection (c) of this section, the department shall approve or disapprove a request for refresher training accreditation within 90 days of receiving a complete application. Upon approval, a certificate of refresher training accreditation shall be sent to the applicant within 30 days. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. The department may, at its discretion, work with training program providers to address inadequacies in the application for refresher accreditation. If a training program provider's application is disapproved, the training program provider may reapply at any time after the reason for disapproval has been corrected. (g) Re-accreditation of training programs. (1) A training program provider's accreditation that was issued prior to January 1, 2005, shall expire three years after the date of issuance. A training program provider's accreditation that was issued on or after January 1, 2005, shall expire two years after the date of issuance. If a training program meets the requirements of this section, the training program provider shall be re-accredited. (2) A training program provider seeking re-accreditation shall submit an application to the department no later than 30 days before its accreditation expires. At least 60 days before the date an accreditation expires, the department, as a service to the accredited trainer, shall send a reminder notice to the accredited trainer, by first class mail to the last known address of the accredited trainer. Failure of the department to send the reminder notice creates no liability to the department and does not relieve the accredited trainer from paying the accreditation renewal fee in a timely manner. Training accreditations which have expired may be renewed under the following conditions: (A) a training program whose accreditation has been expired for 90 days or less may renew the accreditation by paying to the department a renewal fee that is equal to 1-1/2 times the normally required fee; (B) a training program whose accreditation has been expired for more than 90 days but less than one year may renew the accreditation by paying to the department a renewal fee that is equal to two times the normally required renewal fee; and (C) a training program whose accreditation has been expired for one year or more may not renew the accreditation by paying a renewal fee only. To become re-accredited the training program must comply with the current requirements placed on a new applicant. (3) The training program provider's application for re-accreditation shall contain: (A) the training program provider's name, address, and telephone number; (B) a list of courses for which it is applying for re-accreditation; (C) a description of any changes or updates to the training facility or equipment since its last application was approved; and (D) a certified statement signed by the program manager stating: (i) the training program provider will at all times comply with all requirements in subsections (d) and (f) of this section; and (ii) the recordkeeping and reporting requirements of subsection (j) of this section will be followed. (4) The department may audit the training program provider at any reasonable time to verify the contents of the application for re-accreditation as described in paragraph (3) of this subsection. (h) Suspension, deaccreditation, and modification of accredited training programs. (1) The department may, after notice and an opportunity for hearing, suspend, deaccredit, or modify a training program provider's accreditation if a training program, training manager, or other person with supervisory authority over the training program has: Cont'd... |
