| (I) the name of any guest speaker and the speaker's
topics along with the completed asbestos guest speaker approval application
form, as required in subsection (g) of this section;
(J) the name of the appointed responsible person;
(K) a description of any equipment and accessories
that will be used for course instruction, such as hands-on items,
audiovisual aids, and brochures;
(L) the applicant's refund and cancellation policies
and if the applicant will provide the Asbestos Abatement Worker course
in a language other than English, the refund and cancellation policies
must be submitted in each language that the course will be offered;
(M) a detailed course outline for each day that includes
start and end times for each topic covered, scheduled break times,
and specific hands-on training activities for each course;
(N) student training manuals, instructor notebooks,
handouts, and related course materials, including all required elements
listed in §296.73 of this chapter for each initial and refresher
training course to be offered; and
(i) if the applicant will provide the Asbestos Abatement
Worker course in a language other than English, the training manuals
and all related course materials must be submitted in each language
in which the course will be offered; and
(ii) if the applicant will use an EPA-developed manual,
the applicant may submit a statement attesting to its use in place
of submitting the manual;
(O) the applicant's policy regarding the administration
of the multiple-choice examination to be given at the conclusion of
training, in accordance with §296.73 of this chapter, which at
minimum, must state the following:
(i) each trainee must obtain a passing score of at
least 70% on the multiple-choice examination before receiving a training
certificate;
(ii) one multiple-choice re-examination is allowed
per trainee for each course;
(iii) questions from the original examination that
are randomly reordered or questions randomized from course to course
may be used for the re-examination;
(iv) if a trainee fails the re-examination, the trainee
must repeat the course and pass a new examination before issuance
of the training certificate; and
(v) a trainee must read the examination and mark the
answers on a score sheet unless the trainee requests a reasonable
testing accommodation under the Americans with Disabilities Act of
1990, 42 USC 12101 et seq. and is a qualified individual with a disability;
(P) a copy of each examination and re-examination that
will be administered at the end of each course and if the applicant
will provide the Asbestos Abatement Worker course in a language other
than English, examinations must be submitted in each language that
the course is offered;
(Q) a sample of the training certificate that will
be issued to each trainee who completes the course and passes the
final course examination, including:
(i) a unique certificate number;
(ii) the asbestos training provider's name, a field
for the asbestos training provider's license number, phone number,
and address;
(iii) the printed name of the accredited person;
(iv) the discipline (name) of the training course completed;
(v) the printed name and signature of the asbestos
instructor;
(vi) the start and end dates of the training course;
(vii) the expiration date of one year after the date
upon which the person successfully completed the training course;
(viii) the printed name and signature of the responsible
person, principal officer, owner, or chief executive officer of the
asbestos training provider; and
(ix) a statement, as applicable, that the trainee:
(I) "has successfully completed the requisite training
for asbestos accreditation under Title II of the Toxic Substances
Control Act, 15 USC, Chapter 53, Subchapter II that meets the requirements
of the Texas Asbestos Health Protection rules" (applicable to a MAP
training course for which accreditation is issued); or
(II) "has successfully completed training that meets
the requirements of the Texas Asbestos Health Protection rules" (applicable
to the Asbestos Air Monitoring Technician course or the Texas Asbestos
Law and Rules course);
(R) a sample of the training ID card that must be issued
to each trainee who completes the course and passes the final course
examination; the training ID card must include:
(i) the name of the asbestos training provider;
(ii) a color photo of the trainee's face (without tinted
glasses, hats, bandanas, or other articles that may obscure the head
or any part of the face) taken on a white background;
(iii) the name of the accredited person;
(iv) the discipline of the training course completed;
(v) the effective date of the accreditation; and
(vi) the unique certificate number shown on the training
certificate for the accredited person; and
(S) verifiable documentation that each asbestos training
instructor that will teach an asbestos training course and is employed
by the applicant meets the qualifications listed in subsection (h)(1)(B)
of this section.
(2) Renewal requirements. An applicant renewing a license
must submit the following:
(A) documentation as required for the initial application
in subsection (d)(1)(A) - (F) of this section;
(B) a copy of all policies, training resources, training
certificates, or training manuals that the applicant seeks approval
to amend with a detailed description of the specific changes that
must be approved by DSHS before the training provider may implement
the changes; and
(C) a list of all approved asbestos instructors and
guest speakers the training provider intends to use in the asbestos
training courses, including the courses that each instructor will
teach, proof that the accreditation of each instructor is current
and valid for each course the instructor will teach, and the topics
that each guest speaker will present.
(e) Online asbestos refresher training course. An online
asbestos refresher training course presented to a student by a licensed
asbestos training provider may be conducted if the course meets the
requirements of this subsection.
(1) Scope.
(A) For purposes of this subsection:
(i) an asynchronous online course means a course type
that can be taken at any time;
(ii) a synchronous online course means an online course
type that is taken live;
(iii) conducting an initial asbestos training course
online is prohibited; and
(iv) an online course under this section will only
be approved if it is a synchronous online course; an asynchronous
online course will not be approved.
(B) A training provider must not provide, offer, or
claim to provide an online refresher course without applying for and
receiving approval from DSHS as required under this subsection.
(C) An application for an online course must be submitted
separately from an application for approval for an in-person refresher
course.
(D) A licensed training provider may apply for approval
to conduct an online asbestos refresher course that the training provider
is approved to teach in-person.
(2) Online refresher course requirements. A training
provider that offers an online course must have a system in place
that:
(A) authenticates the identity of the student taking
the training and their eligibility to enroll in the course to deter
fraud and falsification of student identity;
(B) uses encryption technology to protect sensitive
user information;
(C) ensures that the student is focusing on the training
material throughout the entire training period, such as a strong interactive
component to ensure continued student focus through discussion between
the student and approved instructor or approved guest speaker, or
interactive video clips, or both;
(D) monitors and records a student's actual time spent
online, including applicable breaks;
(E) allows the student to ask questions of an approved
instructor or approved guest speaker and allows the instructor or
guest speaker to provide a response to the student's question during
the course;
(F) provides technical support to the student during
the course to address any technical issue as soon as possible but
no later than the end of the course day, and if a student is inadvertently
logged out of an online session due to a technical issue, the student
must be given credit for the portion of the course completed and be
required to make-up the portion of the course missed;
Cont'd... |
