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RULE §295.65Training: Approval of Training Courses

(a) General provision. Asbestos training courses shall be individually approved only for those training providers currently licensed by the Texas Department of Health (department). Applications for each course shall be made separately. The department shall consider prior teaching of the course applied for as a part of the approval process.

(b) Contingent approval. Contingent approval of an asbestos training course shall be granted to an applicant after all required information and documentation submitted has been found to meet the requirements set forth in these sections for approval of the course by the department. Once the department grants contingent approval, a training provider license will be issued and its status will be regarded as contingent.

(c) Full approval. Full approval of an asbestos training course and the training provider license shall be granted after the department has granted contingent approval, has had the opportunity to conduct an on-site observation and evaluation of the training course, its instructors and its facilities, and has determined that the applicant's asbestos training course meets the requirements set forth in these sections. Training course providers shall permit representatives of the department to attend, evaluate, and monitor any training course without charge. The department compliance inspection staff are not required to give advance notice of their inspections.

(d) Applications. An applicant for approval of an asbestos training course must submit an application in writing to the department. Within 30 working days after receiving an application, the department shall acknowledge receipt of the application and notify the applicant of any deficiency in the application. The department will approve or deny the application only upon receipt of the completed application which shall contain the following information:

  (1) Initial Training Course Approval. The following minimum information is required for approval of initial training courses:

    (A) the name and address of the licensed training provider who will present the course, and the name and phone number of the responsible individual;

    (B) the type of course for which approval is being requested, including the length of training in days;

    (C) a detailed outline of the course curriculum including the specific topics taught, the amount of time allotted to each topic, the amount and type of hands-on training, the name and qualifications of the individual developing the instruction program for each topic, and copies of all written materials to be distributed to the student;

    (D) a description of the type of equipment owned which must be used in all full-length courses for demonstrations and/or "hands-on" exercises, including but not limited to, types of respirators, negative air units, water spray devices, protective clothing, construction materials, high efficiency particulate air (HEPA) vacuum, air purifying panel, glove bags, shower unit, water filter assembly;

    (E) documentation, including photos and details of assurance that the number of instructors, the amount of equipment, and the facilities are adequate to provide the students with proper training;

    (F) administration of a written multiple choice examination at the conclusion of the course. If copies of the exam are required by the department, measures to protect the confidentiality of the exam as proprietary information will be maintained by the department to the extent authorized by law;

    (G) acknowledgement that the minimum grade which must be obtained on the exam for a trainee to successfully complete the course is 70% correct;

    (H) a list of any other states that currently approve the training course;

    (I) a copy of all course materials (student manuals, instructor notebooks, handouts, and other course related materials);

    (J) a detailed statement about the development of the examination used in the course;

    (K) names and qualifications of all course instructors. Instructors must have academic and/or field experience in asbestos abatement; and

    (L) a description and example of the numbered certificates issued to students who attend the course and pass the examination.

  (2) Refresher Training Course Approval. The following minimum information is required for approval of refresher training courses:

    (A) the length of training in half-days or days.

    (B) the topics covered in the course.

    (C) a copy of all course materials (student manuals, instructor notebooks, handouts, and other course related materials).

    (D) the names and qualifications of all course instructors. Instructors must have academic and/or field experience in asbestos abatement; and

    (E) a description and an example of the numbered certificates issued to students who complete the refresher course and pass the examination, if required.

  (3) Withdrawal of Training Course Approval. The following criteria are grounds for suspending or withdrawing approval from accredited training programs under §295.69 of this title (relating to Compliance: Reprimand, Suspension, Revocation). At a minimum, the criteria shall include:

    (A) misrepresentation of the extent of a training course's approval by a State or EPA;

    (B) failure to submit required information or notifications in a timely manner;

    (C) failure to maintain requisite records;

    (D) falsification of accreditation records, instructor qualifications, or other accreditation information;

    (E) failure to adhere to the training standards and requirements of the EPA MAP or State Accreditation Program;

    (F) an approved training course instructor, or other person with supervisory authority over the delivery of training that has been found in violation of other asbestos regulations in a manner that indicates a lack of ability, capacity or fitness to perform training duties and responsibilities. An administrative order under §295.69 of this title or §295.70 of this title (relating to Compliance: Administrative Penalty) constitutes evidence of a failure to comply with relevant statutes or regulations; or

    (G) submittal of false information as a part of the self-certification required under Unit V.B. of the revised MAP.

(e) Re-training (refresher) courses. For all disciplines except inspectors, management planners, and air monitoring technicians, a state accreditation program shall include a one-day annual refresher training course for reaccreditation. Refresher courses for inspectors shall be a half-day in length. Management planners shall attend the inspector and management planner refresher courses. Consultants shall attend an approved two-day annual refresher training course, or four separate refreshers consisting of project designer, inspector, management planner, and air monitoring technician. The inspector, management planner, and air monitoring refresher courses shall each be four hours in length. For each discipline, the refresher course shall review and include: federal, state and local regulations; state-of-the-art developments; and a review of the key aspects of the initial training course.

(f) Issuance of certificates. All training certificates shall bear the name, address, and telephone number of the licensed training facility and the name of the instructor. The training provider shall:

  (1) issue certificates that bear the school's name, address, telephone number, name of accredited person, discipline of the training course completed, name of instructor, expiration date of one year after the date upon which the person successfully completed the course or examination, as applicable, and a statement that the student passed the examination and the date it was taken. The certificate must include the signature of the instructor and the signature of the course director, principal officer, owner, or CEO. Refresher certificates require all of the above except the examination date;

  (2) issue a wallet-size photo-identification card, including a description of the course completed, the effective date, and the social security number of the trainee;

  (3) submit the names, social security numbers (or other identifiers if the student does not wish to provide his/her social security number), one-inch by one-inch photos, taken during the course, and a group photo of the class taken at the end of the course that identifies which students did and did not pass the course, to the department within 10 working days of the completion date of each course on a form provided by the department. Digital or scanned images will be accepted. The group photograph must be no smaller than a standard 3-1/2 inches x 4-1/4 inches print; and

  (4) provide student with a current one-inch by one-inch photo attached to a department application for license/registration. The photograph submitted to the department for licensing purposes must have a white background.

(g) Revocation or suspension of approval. The department may revoke or suspend approval if field site inspections indicate a training course is not providing training that meets the requirements of the model accreditation plan or these sections. Training course sponsors shall permit department representatives to attend, evaluate, and monitor any training course without charge. The inspection staff may not give advance notice of their inspections.

(h) Minimum number of instructors. Each course requiring approval according to the model accreditation plan shall require at least the minimum number of instructors for that course as specified by EPA. Only one instructor is required for courses with five or fewer students. In cases where a second instructor is required, a guest speaker can substitute for one of the required instructors. The person acting as the second instructor shall teach a minimum of two hours. Two instructors are not required for worker courses or refresher courses.

Source Note: The provisions of this §295.65 adopted to be effective October 20, 1992, 17 TexReg 6901; amended to be effective September 22, 1994, 19 TexReg 7098; amended to be effective December 13, 1998, 23 TexReg 12353; amended to be effective March 27, 2003, 28 TexReg 2549; amended to be effective January 1, 2005, 29 TexReg 11987

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