Ala. Admin. Code r. 822-X-2-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 822-X-2-.04 - Accreditation Of Training Programs And Training Courses For Asbestos-Related Activities

(1) Procedures and requirements for training program accreditation.

(a)Scope.

1. A training program may seek accreditation to offer asbestos abatement and asbestos-related courses in any of the following disciplines: inspector, management planner, supervisor, project designer, and abatement worker. A training program may also seek accreditation to offer refresher courses, asynchronous online courses, or synchronous online courses for each of the above-listed disciplines.

2. Refresher courses, asynchronous online courses, and synchronous online courses are treated as separate courses and require separate application from the live class versions. All courses must be in full compliance with the application procedures described in this section.

A training program shall not provide, offer, or claim to provide accredited asbestos training courses in Alabama without applying for and receiving accreditation from Safe State as required under this Section.

For any course(s) not currently accredited by a State, a Tribe, or EPA, the training program must seek full accreditation from Safe State by satisfying the requirements of paragraphs (1)(b) and (1)(c) of this Section.

A training program currently accredited by another State, a Tribe, or EPA may receive Safe State accreditation by satisfying the requirements of paragraph (1)(d) of this Section.

(b)Requirements for accreditation of training courses. A training program seeking accreditation of training courses must submit to Safe State a complete written application using an application form designated by Safe State and meet the requirements of paragraph (1)(c) of this Section. An application for accreditation of an abatement worker training course taught in English must be submitted separately from an application submitted for an abatement worker training course taught in a language other than English. To apply for Safe State accreditation of training courses, a training program shall complete the following:

1. Submit a written application for each training course that contains the following information:

(i) The training program's name, street address, mailing address, and telephone number;

(ii) A list of the training courses for which it is applying for accreditation;

(iii) A statement signed by the training program manager certifying that the training program meets the requirements of paragraph (1)(c) of this Section; Copies of documents evidencing the education, work experience, training, or demonstrated experience of the training manager, principal instructor, and any guest instructors as described in paragraph (1)(c)1.-3. of this Section. The training program shall give written notice to Safe State of any changes in the training instructors or guest instructors initially listed in the application for accreditation. Such notice shall be given thirty (30) days prior to the date the new instructor begins teaching and shall be accompanied by the required documentation of the new instructor's qualifications;

(v) A legible copy of the student and instructor manuals and other materials to be used for each course with identification of the location of topics in the student manual on forms designated by Safe State. If a published textbook is used as supplemental course material, the author's name, textbook title, publisher, and publication date shall be provided;

(vi) A statement as to who developed or authored the course materials;

(vii) A copy of the course agenda for each course;

(viii) A description of the facilities and equipment to be used for lecture and hands-on exercises;

(ix) A description of the activities and procedures that will be used for assessment of hands-on skills for each course;

(x) Starting times and ending times for each day of training, and the total hours of each course;

(xi) A list of learning objectives for each lecture, class exercise, and hands-on exercise;

(xii) A copy of the course test blueprint and the course test;

(xiii) A copy of the training certificate that will be issued to students who successfully complete the training course and that contains all the requirements of (1)(c)11. of this Section;

(xiv) A copy of the quality control plan as described in (1)(c)12. of this Section; and

(xv) Accreditation fee for each course. The accreditation fee is $550 per each day (eight training hours) of training. This accreditation fee applies to initial, refresher, and online courses.

2. Within 60 days after receiving from the training program a complete application described in paragraph (1)(b)1. of this Section, Safe State will conditionally accredit the training course. Upon receiving conditional accreditation a training program must demonstrate that it meets the requirements of paragraphs (1)(c) and (e) of this Section by conducting a course that is audited by Safe State for each training course for which it seeks accreditation. If Safe State finds that the training course meets the requirements of paragraphs (1)(c) and (e) of this Section, Safe State shall grant final accreditation and issue to the training program a certificate of accreditation for the training course. If a training course is not granted final accreditation as the result of the audit conducted pursuant to this paragraph, the students of that class are not eligible for accreditation pursuant to Section 822-X-2-.05.

3. A training course accredited under this Section shall remain accredited for one year from the date of issuance of the letter of accreditation, unless accreditation is suspended, revoked, or modified pursuant to Section 822-X-2-.06.

4. A training program may apply for accreditation of training courses in as many disciplines as it chooses. A training program may seek accreditation for additional courses at any time as long as the training program can demonstrate that it meets the requirements of paragraph (1)(c) of this Section.

(c)Requirements for the accreditation of training programs. For a training program to obtain accreditation from Safe State to offer training courses that are accredited pursuant to the procedures described in paragraph (1)(b), the training program shall meet the following requirements:

1. The training program shall employ a training manager who has:

(i) Demonstrated experience, education, or training in the construction industry, including: asbestos or lead abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene; and

(ii) One of the following:

(I) At least two years of experience, education, or training in teaching workers or adults; or

(II) A bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, occupational safety, public health, education, business administration, program management, or a related field; or

(III) Two years experience in managing a training program specializing in environmental hazards.

2. The training manager shall designate a qualified principal instructor for each course who:

(i) Has demonstrated experience, education, or training in teaching workers or adults; and

(ii) Meets the accreditation requirements for each discipline in which they are to teach; and

(iii) Has two years of experience, education, or training in asbestos or lead abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

3. The training manager may designate guest instructors as needed to provide specific instruction on course topics. There are two classifications of guest instructors, each requiring different qualifications:

(i) Guest instructors who provide instruction specific to the hands-on exercises or work practice components of a course must meet the same qualification requirements as a principal instructor listed in paragraph (1)(c)2. of this Section;

(ii) Guest instructors who provide instruction specific to course topics other than hands-on exercises and work practices must demonstrate experience, education, or training in teaching workers or adults and have at least two (2) years experience, education, or training in the course topic in which the guest instructor will provide instruction.

4. The principle instructor shall be responsible for the organization of the course and oversight of the teaching of all course material. The principal instructor shall ensure that all topics covered in each course reflect the Federal, State, and local regulations, standards, and guidelines that are then in effect at the time the course is conducted.

5. The following documents shall be recognized by Safe State as evidence that training managers, principal instructors, and guest instructors have the education, work experience, training, or demonstrated experience listed in paragraphs (1) (c)1.-3. of this Section:

(i) Academic transcripts or diploma, as evidence of satisfying the educational requirements;

(ii) Documentation of work experience, as evidence of satisfying the work experience requirements, detailed on forms designated by Safe State. Detailed descriptions of work experience should include, at a minimum, the number of and dates of projects and jobs, the size of each project and job, descriptions of tasks performed by the individual, and the names and telephone numbers of supervisors on each project or job; and

(iii) Certificates from train-the-trainer courses and asbestos-specific training courses, as evidence of meeting the training requirements.

6. The training program shall ensure the availability of, and provide adequate facilities for, the delivery of the lecture, course test, hands-on exercises, and assessment activities. This includes providing and using training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed.

7. The training manager shall allow Safe State to audit the training program to verify the contents of the application for accreditation submitted by the training program. Safe State, States and Tribes which have written reciprocal agreements with Safe State, EPA, or all three may audit the training program to verify the contents of the application for course accreditation submitted by the training program.

8. Each class shall be taught in the language in which all students of that particular class are fluent. Written materials must be correctly translated into the language in which all participating students are fluent. The instructor(s) must be sufficiently fluent in the language in which the class is conducted. Interpreters may not be used to teach or instruct training courses.

9. To become accredited in the following disciplines, the training program shall provide accredited training courses that meet the following training hour requirements:

(i) The inspector course shall last a minimum of 24 training hours (3 days), and will include respirator fit-testing methods, a field trip, and a minimum of 4 hours devoted to hands-on exercises. The minimum curriculum requirements for the inspector course are contained in paragraph (2) (b)1. of this Section;

(ii) The management planner course shall last a minimum of 16 training hours (2 days). Satisfactory completion of the three-day inspector course is a prerequisite to this course. The minimum curriculum requirements for the management planner course are contained in paragraph (2)(b)2. of this Section;

(iii) The supervisor course shall last a minimum of 40 training hours (5 days), with a minimum of 14 hours devoted to hands-on exercises. The minimum curriculum requirements for the supervisor course are contained in paragraph (2)(b)3. of this Section;

(iv) The project designer course shall last a minimum of 24 training hours (3 days) including lecture, demonstrations, and a field trip (related demonstrations or hands-on exercises may be substituted for the field trip). The minimum curriculum requirements for the project designer course are contained in paragraph (2)(b)4. of this Section; and

(v) The abatement worker course shall last a minimum of 32 training hours (4 days), with a minimum of 14 hours devoted to hands-on exercises. The minimum curriculum requirements for the abatement worker course are contained in paragraph (2)(b)5. of this Section.

10. Minimum trainee competency and proficiency requirements.

(i) For each course offered, the training program shall conduct a hands-on skills assessment (except in the management planner and project designer courses) and a course test at the completion of the course. The minimum passing score on any course test shall be 70% correct. The hands-on skills assessment, if applicable, and the course test must be successfully completed by the individual in order for the individual to pass any course;

(ii) The training manager is responsible for maintaining the validity and integrity of the hands-on skills assessment to ensure that it accurately evaluates the trainee's performance of the work practices and procedures associated with the course topics contained in paragraph (2)(b) of this Section;

(iii) The training manager is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainee's knowledge and retention of the course topics contained in paragraph (2)(b) of this Section; and

(iv) The course test shall be developed in accordance with the course test blueprint submitted with the training course accreditation application. The supervisor and project designer course test shall consist of a minimum of 100 multiple choice test items. All other course tests shall consist of a minimum of 50 multiple choice test items, except that the abatement worker course test may consist of a minimum of 50 test items using any Safe State approved test format.

11. The training program shall issue a unique course completion certificate to each individual who successfully completes the course requirements. The course completion certificate shall include:

(i) The name and address of the individual;

(ii) The name of the particular course that the individual completed (i.e., Initial or Refresher plus the discipline);

(iii) Designation as a live asynchronous online or synchronous online course

(iv) Inclusive dates of the training course and the date of test passage;

(v) The name, address, and telephone number of the training program;

(vi) The street address of the training site if different from the training program's address;

(vii) The printed name of the principal instructor;

(viii) The printed name and signature of the training manager;

(ix) For abatement worker and abatement worker refresher training courses only, the language in which the course was taught, if other than in English;

(x) A unique identification number which clearly distinguishes the training course and the individual to whom the course completion certificate is issued from any other training course or individual; and

(xi) The expiration date of the training, which is one year from the last day of the training course.

12. The training manager shall develop and implement a quality control plan. The plan shall be used to maintain and improve the quality of the training program over time. This quality control plan shall contain, at a minimum, the following requirements:

(i) Procedures for periodic revision of training materials, hands-on exercises, and the course test to reflect innovations in the field; for asynchronous or synchronous online courses you shall also include a description of the procedures that will be used to update your online course materials and content;

(ii) Procedures for the training manager to determine instructor competence and awareness of new developments, new regulations, and innovations in the asbestos abatement and testing field. All instructors, whether principal, guest, work practices, or hands-on exercises, must be reviewed at least annually;

(iii) A requirement that persons enrolled in training courses shall not be made to participate in more than eight hours of actual training in any single 24 hour period;

(iv) A requirement that the length of a training course that is attended by persons who that same day have completed a work shift of eight hours or more shall not exceed four training hours; and

(v) A requirement that all training course requirements must be completed within two weeks of the training course start date.

13. The training manager shall be responsible for ensuring that the training program complies at all times with all of the requirements of paragraph (1)(c) of this Section.

14. The training manager shall develop and implement a technical support plan for all asynchronous and synchronous online courses. The plan shall describe potential technical issues and how these issues will be handled in a timely fashion.

(d)Notification procedures.

1. Using forms designated by Safe State for each training course, the training manager must provide to Safe State written notification of the starting date, location, name of the principal instructor, and the language in which each course will be taught at least ten (10) days prior to the first day of instruction of that training course.

2. The training manager shall give Safe State written notice of any changes in the starting date, location, principal instructor, or language of a training course. Such notice must be received by Safe State at least two (2) week days prior to the first day of instruction of the course (FAXs are acceptable).

3. No later than seven (7) days after the conclusion of a training course or refresher training course, the training manager must provide a written course student roster to Safe State on forms designated by Safe State. The course student roster must contain the name of every individual who attended the course (FAXs are acceptable).

4. The training manager's failure to provide timely notifications required by this paragraph (e)1.-3. may result in Safe State not accepting the certificates of training for that training course issued by the training program as part of an individual's application for accreditation in Alabama pursuant to Section 822-X-2-.05, suspension by Safe State of the training program's accreditation, or both.

5. Training programs that offer training on a continuous or near continuous schedule must enter into a written agreement with Safe State describing how the notification procedures of (1)(e)1. and 2. of this Section will be implemented.

(2) Minimum training curricula requirements.

(a) To become accredited to offer asbestos abatement and asbestos-related activities courses in specific disciplines, training programs must ensure that each training course of study includes, at a minimum, the course topics listed in (2)(b) of this Section. Requirements marked by an asterisk (*) indicate areas that require hands-on exercises as an integral component of the course. An instructor/student ratio of 1:10 is recommended for the hands-on exercises. The training program must provide enough work stations to ensure students perform hands-on exercises with minimal waiting time. Demonstrations of work tasks and procedures shall not be substituted for hands-on exercises.

(b) The minimum course topics for training courses for each discipline are:

1.Inspector. All persons who inspect for ACBM in schools or public and commercial buildings must be accredited. All persons seeking accreditation as an inspector shall complete at least a three-day training course as outlined below. The course shall include lectures, demonstrations, four hours of hands-on training, respirator fit-testing methods, course review, and a written examination.

Use of audiovisual materials to complement lectures is recommended, where appropriate. Hands-on training should include conducting a simulated building walk-through inspection. The inspector training course shall adequately address the following topics:

(i)Background information on asbestos. Identification of asbestos and examples and discussion of the uses and locations of asbestos in buildings; physical appearance of asbestos.

(ii)Potential health effects related to asbestos exposure. The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure level; the synergistic effect between cigarette smoking and asbestos exposure; the latency periods for asbestos-related diseases; a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancers of other organs.

(iii)Functions/qualifications and role of inspectors. Discussions of prior experience and qualifications for inspectors and management planners; discussions of the functions of an accredited inspector as compared to those of an accredited management planner; discussion of the inspection process including inventory of ACM and physical assessment.

(iv)Legal liabilities and defenses. Responsibilities of the inspector and management planner; a discussion of comprehensive general liability policies, claims-made and occurrence policies, and environmental and pollution liability policy clauses; state liability insurance requirements; bonding and the relationship of insurance availability to bond availability.

(v)Understanding building systems. The interrelationship among building systems, including: an overview of common building physical plan layout; heat, ventilation, and air conditioning (HVAC) system types, physical organization, and where asbestos is found on HVAC components; building mechanical systems, their types and organization, and where to look for asbestos on such systems; inspecting electrical systems, including appropriate safety precautions; reading blueprints and as-built drawings.

(vi)Public/employee/building occupant relations. Notifying employee organizations about the inspection; signs to warn building occupants; tact in dealing with occupants and the press; scheduling of inspections to minimize disruptions; and education of building occupants about actions being taken.

(vii) *Pre-inspection planning and review of previous inspection records. Scheduling the inspection and obtaining access; building record review; identification of probable homogeneous areas from blueprints or as-built drawings; consultation with maintenance or building personnel; review of previous inspection, sampling, and abatement records of a building; the role of the inspector in exclusions for previously performed inspections.

(viii) *Inspecting for friable and nonfriable ACM and assessing the condition of friable ACM. Procedures to follow in conducting visual inspections for friable and non-friable ACM; types of building materials that may contain asbestos; touching materials to determine friability; open return air plenums and their importance in HVAC systems; assessing damage, significant damage, potential damage, and potential significant damage; amount of suspected ACM, both in total quantity and as a percentage of the total area; type of damage; accessibility; material's potential for disturbance; known or suspected causes of damage or significant damage; and deterioration as assessment factors.

(ix) *Bulk sampling/documentation of asbestos. Detailed discussion of the "Simplified Sampling Scheme for Friable Surfacing Materials (EPA 560/5-85-030 a October 1985)"; techniques to ensure sampling in a randomly distributed manner for other than friable surfacing materials; sampling of non-friable materials; techniques for bulk sampling; inspector's sampling and repair equipment; patching or repair of damage from sampling; discussion of polarized light microscopy; choosing an accredited laboratory to analyze bulk samples; quality control and quality assurance procedures; the EPA's recommendation that all bulk samples collected from school or public and commercial buildings be analyzed by a laboratory accredited under the NVLAP administered by NIST.

(x) *Inspector respiratory protection and personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection, donning, use, maintenance, and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing.

(xi) *Recordkeeping and writing the inspection report. Labeling of samples and keying sample identification to sampling location; recommendations on sample labeling; detailing of ACM inventory; photographs of selected sampling areas and examples of ACM condition; information required for inclusion in the management plan required for school buildings under TSCA Title II, Section 203(i)(1). (Since the EPA recommends that States develop and require the use of standardized forms for recording the results of inspections in schools or public and commercial buildings, the use of these forms should be incorporated into the curriculum of training conducted for accreditation.)

(xii)Regulatory review. The following topics should be covered: National Emission Standards for Hazardous Air Pollutants (NESHAP: 40 CFR Part 61, Subparts A and M); the EPA Worker Protection Rule (40 CFR Part 763, Subpart G); OSHA Asbestos Construction Standard (29 CFR 1926.1101); OSHA respirator requirements (29 CFR 1910.134); the Asbestos-containing Materials in School Rule (40 CFR Part 763, Subpart E); applicable State and local regulations, differences between Federal and State requirements where they apply, and the effects, if any, on public and nonpublic schools or public and commercial buildings.

(xiii)Field trip. This includes a field exercise, including a walk-through inspection; on-site discussion about information gathering and the determination of sampling locations; on-site practice in physical assessment; classroom discussion of field exercise.

(xiv) Course review. A review of key aspects of the training course.

2.Management planner. All persons who prepare management plans for schools must be accredited. All persons seeking accreditation as management planners shall complete a three-day inspector training course as outlined above and a two-day management planner training course. Proof of Safe State accredited inspector training shall be a prerequisite for admission to the management planner training course. The management planner training course shall include lectures, demonstrations, course review, and a written examination.

Use of audiovisual materials to complement lectures is recommended, where appropriate. Although TSCA Title II does not require accreditation for persons preparing management plans in public and commercial buildings, such persons may find this training and accreditation helpful in preparing them to design or administer asbestos operations and maintenance programs for public and commercial buildings. The management planner training course shall adequately address the following topics:

(i)Course overview. The role and responsibilities of the management planner; operations and maintenance programs; setting work priorities; and protection of building occupants.

(ii)Evaluation/interpretation of survey results. Review of TSCA Title II requirements for inspection and management plans for school buildings given in Section 203(i)(1) of TSCA Title II; interpretation of field data and laboratory results; comparison of field inspector's data sheet with laboratory results and the site survey.

(iii)Hazard assessment. Amplification of the difference between physical assessment and hazard assessment; the role of the management planner in hazard assessment; explanation of significant damage, damage, potential damage, and potential significant damage; use of a description (or decision tree) code for assessment of ACM; assessment of friable ACM; relationship of accessibility, vibration sources, use of adjoining space, air plenums, and other factors to hazard assessment.

(iv)Legal implications. Liability; insurance issues specific to planners; liabilities associated with interim control measures, in-house maintenance, repair, and removal; use of results from previously performed inspections.

(v)Evaluation and selection of control options. Overview of encapsulation, enclosure, interim operations and maintenance, and removal; advantages and disadvantages of each method; response actions described via a decision tree or other appropriate method; work practices for each response action; staging and prioritizing of work in both vacant and occupied buildings; the need for containment barriers and decontamination in response actions.

(vi)Role of other professionals. Use of industrial hygienists, engineers, and architects in developing technical specifications for response actions; any requirements that may exist for architect sign-off of plans; team approach to design of high-quality job specifications.

(vii)Developing an operations and maintenance (O&M) plan. Purpose of the plan; discussion of applicable EPA guidance documents; what actions should be taken by custodial staff; proper cleaning procedures; steam cleaning and HEPA vacuuming; reducing disturbance of ACM; scheduling O&M for off-hours; rescheduling or canceling renovation in areas with ACM; boiler room maintenance; disposal of ACM; in-house procedures for ACM - bridging and penetrating encapsulants; pipe fittings; metal sleeves; polyvinyl chloride (PVC), canvas, and wet wraps, muslin with straps, fiber mesh cloth, mineral wool, and insulating cement; discussions of employee protection programs and staff training; case study in developing an O&M plan (development, implementation process, and problems that have been experienced).

(viii)Regulatory review. Focusing on the OSHA Asbestos Construction Standard found at 29 CFR 1926.1101; the National Emission Standards for Hazardous Air Pollutants(NESHAP) found at 40 CFR Part 61, Subpart A (General Provisions) and Subpart M (National Emission Standard for Asbestos); the EPA Worker Protection Rule found at 40 CFR Part 763, Subpart G; TSCA Title II; and applicable State and local regulations.

(ix)Recordkeeping for the management planner. Use of the field inspector's data sheet along with laboratory results; on-going recordkeeping as a means to track asbestos disturbance; procedures for recordkeeping. (Since the EPA recommends the use of standardized forms for purposes of management plans, use of such forms should be included in the training).

(x) Assembling and submitting the management plan. Plan requirements for schools in TSCA Title II Section 203(i)(1); the management plan as a planning tool.

(xi)Financing abatement actions. Economic analysis and cost estimates; development of cost estimates; present costs of abatement versus future operations and maintenance costs; Asbestos School Hazard Abatement Act grants and loans.

(xii)Course review. A review of key aspects of the training course.

3.Supervisor. A person must be accredited as an asbestos abatement supervisor to supervise any of the following activities with respect to friable ACBM in a school or public and commercial building:

(1) a response action other than a SSSD activity,

(2) a maintenance activity that disturbs friable ACBM other than a SSSD activity, or

(3) a response action for a major fiber release episode.

All persons seeking accreditation as asbestos abatement supervisors shall complete at least a five-day training course as outlined below. The training course must include lectures, demonstrations, a minimum of 14 hours of hands-on training, respirator fit testing methods, course review, and a written examination. Hands-on training must permit supervisors to have actual experience performing tasks associated with asbestos abatement. Use of audiovisual materials to complement lectures is recommended, where appropriate.

Asbestos abatement supervisors include those persons who provide supervision and direction to workers performing response actions. Supervisors may include those individuals with the position title of foreman, working foreman, or leadman pursuant to collective bargaining agreements. At least one supervisor is required to be at the worksite at all times while response actions are being conducted. Asbestos workers must have access to accredited supervisors throughout the duration of the project. The supervisor training course shall adequately address the following topics:

(i)The physical characteristics of asbestos and asbestos-containing materials. Identification of asbestos, aerodynamic characteristics, typical uses, and physical appearance; review of hazard assessment considerations; and summary of abatement control options.

(ii)Potential health effects related to asbestos exposure. Nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure level; the synergistic effect between cigarette smoking and asbestos exposure; the latency period of asbestos-related diseases; and a discussion of the relationship between asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancers of other organs.

(iii) *Employee personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection, donning, use, maintenance, and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing; and regulations covering personal protective equipment.

(iv) *State-of-the-art work practices. Proper work practices for asbestos abatement activities, including descriptions of proper construction and maintenance of barriers and decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; use of HEPA vacuums; proper clean-up and disposal procedures; work practices for removal, encapsulation, enclosure, and repair of ACM; emergency procedures for unplanned releases; potential exposure situations; transport and disposal procedures; and recommended and prohibited work practices. New abatement-related techniques and methodologies may be discussed.

(v) *Personal hygiene. Entry and exit procedures for the work area; use of showers; avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area; and potential exposures such as family exposure.

(vi) *Additional safety hazards. Hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos, fire and explosion hazards, scaffold and ladder hazards, slips, trips, and falls, and confined spaces.

(vii)Medical monitoring. OSHA and EPA Worker Protection Rule requirements for physical examinations, including a pulmonary function test, chest X-rays, and a medical history for each employee.

(viii)Air monitoring. Procedures to determine airborne concentrations of asbestos fibers, including descriptions of aggressive air sampling, sampling equipment and methods, reasons for air monitoring, types of samples, and interpretation of results; and discussion of transmission electron microscopy (TEM) that will be used for analysis of final air clearance samples in schools. [Although TEM is required only for schools, EPA recommends that TEM be used for analysis of final air clearance samples for public and commercial buildings and that sample analyses be performed by laboratories accredited by the National Institute of Standards and Technology's (NIST) National Voluntary Laboratory Accreditation Program (NVLAP).]

(ix)Relevant Federal, State, and local regulatory requirements, procedures, and standards, including:

(I) Requirements of TSCA Title II;

(II) National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61, Subpart A [General Provisions] and Subpart M [National Emission Standard for Asbestos]);

(III) OSHA standards for permissible exposure to airborne concentrations of asbestos fibers and respiratory protection (29 CFR 1910.134);

(IV) OSHA Asbestos Construction Standard (29 CFR 1926.1101); and

(V) EPA Worker Protection Rule (40 CFR Part 763, Subpart G).

(x) *Respiratory Protection Programs and Medical Monitoring Programs.

(xi)Insurance and liability issues. Contractor issues; worker's compensation coverage and exclusions; third-party liabilities and defenses; insurance coverage and exclusions.

(xii)Recordkeeping for asbestos abatement projects. Records required by Federal, State, and local regulations; records recommended for legal and insurance purposes.

(xiii)Supervisory techniques for asbestos abatement activities. Supervisory practices to enforce and reinforce the required work practices and discourage unsafe work practices.

(xiv)Contract specifications. Discussions of key elements that are included in contract specifications.

(xv)Course review. A review of key aspects of the training course.

4.Project Designer. A person must be accredited as an asbestos project designer to design any of the following activities with respect to friable ACBM in a school or public and commercial building:

(1) a response action other than a SSSD activity,

(2) a maintenance activity that disturbs friable ACBM other than a SSSD activity, or

(3) a response action for a major fiber release episode. All persons seeking accreditation as a project designer shall complete at least a minimum three-day training course as outlined below. The project designer course shall include lectures, demonstrations, a field trip, course review, and a written examination.

Use of audiovisual materials to complement lectures is recommended, where appropriate. The asbestos abatement project designer training course shall adequately address the following topics:

(i)Background information on asbestos. Identification of asbestos; examples and discussions of the uses and locations of asbestos in buildings; physical appearance of asbestos.

(iii)Overview of abatement construction projects. Abatement as a portion of a renovation project; OSHA requirements for notification of other contractors on a multi-employer site (29 CFR 1926.1101).

(iv)Safety system design specifications. Design, construction, and maintenance of containment barriers and decontamination enclosure systems; positioning of warning signs; electrical and ventilation system lock-out; proper working techniques for minimizing fiber release; entry and exit procedures for the work area; use of wet methods; proper techniques for initial cleaning; use of negative-pressure exhaust ventilation equipment; use of HEPA vacuums; proper clean-up and disposal of asbestos; work practices as they apply to encapsulation, enclosure, and repair of ACM; use of glove bags and a demonstration of glove bag use.

(v)Field trip. A visit to an abatement site or other suitable building site, including on-site discussions of abatement design and building walk-through inspection. Include discussion of rationale for the concept of functional spaces during the walk-through.

(vi)Employee personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection, donning, use, maintenance, and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; and use, storage, and handling of non-disposable clothing.

(vii)Additional safety hazards. Hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos, and fire and explosion hazards.

(viii)Fiber aerodynamics and control. Aerodynamic characteristics of asbestos fibers; importance of proper containment barriers; settling time for asbestos fibers; wet methods in abatement; aggressive air monitoring following abatement; aggressive air movement and negative-pressure exhaust ventilation as a clean-up method.

(ix)Designing abatement solutions. Discussions of removal, enclosure, and encapsulation methods; asbestos waste disposal.

(x)Final clearance process. Discussion of the need for a written sampling rationale for aggressive final air clearance; requirements of a complete visual inspection; the relationship of the visual inspection to final air clearance; and discussion of transmission electron microscopy (TEM) that will be used for analysis of final air clearance samples in schools. [Although TEM is required only for schools, EPA recommends that TEM be used for analysis of final air clearance samples for public and commercial buildings and that sample analyses be performed by laboratories accredited by the National Institute of Standards and Technology's (NIST) National Voluntary Laboratory Accreditation Program (NVLAP).]

(xi)Budgeting/cost estimating. Development of cost estimates; present costs of abatement versus future operation and maintenance costs; setting priorities for abatement jobs to reduce costs.

(xii)Writing abatement specifications. Preparation of and need for a written project design; means and methods specifications versus performance specifications; design of abatement in occupied buildings; modification of guide specifications for a particular building; worker and building occupant health/medical considerations; replacement of ACM with non-asbestos substitutes.

(xiii)Preparing abatement drawings. Significance and need for drawings; use of as-built drawings as base drawings; use of inspection photographs and on-site reports; methods of preparing abatement drawings; diagramming containment barriers; relationship of drawings to design specifications; particular problems related to abatement drawings.

(xiv)Contract preparation and administration.

(xv)Legal/liabilities/defenses. Insurance considerations; bonding; hold-harmless clauses; use of abatement contractor's liability insurance; claims-made versus occurrence policies.

(xvi)Replacement. Replacement of asbestos with asbestos-free substitutes.

(xvii)Role of other consultants. Development of technical specification sections by industrial hygienists or engineers; the multi-disciplinary team approach to abatement design.

(xviii)Occupied buildings. Special design procedures required in occupied buildings; education of occupants; extra monitoring recommendations; staging of work to minimize occupant exposure; scheduling of renovation to minimize exposure.

(xix)Relevant Federal, State, and local regulatory requirements, procedures, and standards, including, but not limited to:

(I) Requirements of TSCA Title II;

(II) National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61); Subpart A (General Provisions) and Subpart M (National Emission Standard for Asbestos);

(III) OSHA Respirator Standard (29 CFR 1910.134);

(IV) OSHA Asbestos Construction Standard (29 CFR 1926.1101);

(V) OSHA Hazard Communication Standard (29 CFR 1926.59); and

(VI) EPA Worker Protection Rule ( 40 CFR Part 763, Subpart G).

(xx)Course review. A review of key aspects of the training course.

5.Abatement Worker.

A person must be accredited as an asbestos abatement worker to carry out any of the following activities with respect to friable ACBM in a school or public and commercial building:

(1) a response action other than a SSSD activity,

(2) a maintenance activity that disturbs friable ACBM other than a SSSD activity, or

(3) a response action for a major fiber release episode. All persons seeking accreditation as asbestos abatement workers shall complete at least a four-day training course as outlined below.

The worker training course shall include lectures, demonstrations, at least 14 hours of hands-on training, respirator fit testing methods, course review, and an examination. Hands-on training must permit workers to have actual experience performing tasks associated with asbestos abatement. A person who is otherwise accredited as an asbestos supervisor may perform in the role of a worker without possessing a separate accreditation as an asbestos abatement worker.

Because of cultural diversity associated with the asbestos workforce, Safe State will accredit two types of asbestos worker training:

(1) training in English and

(2) training in a foreign language. Course materials for a course taught in a language other than English must be correctly translated and taught in the language of the students; interpreters are not allowed.

Use of audiovisual materials to complement lectures is recommended, where appropriate. The asbestos abatement worker training course shall adequately address the following topics:

(i)The physical characteristics of asbestos and asbestos-containing materials. Identification of asbestos, aerodynamic characteristics, typical uses, physical appearance, and a summary of abatement control options.

(ii)Potential health effects related to asbestos exposure. The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure level; the synergistic effect between cigarette smoking and asbestos exposure; the latency period for asbestos-related diseases; and a discussion of the relationship between asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancers of other organs.

(iv) *State-of-the-art work practices. Proper work practices for asbestos abatement activities, including descriptions of proper construction and maintenance of barriers and decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; use of high-efficiency particulate air (HEPA) vacuums; proper clean-up and disposal procedures; work practices for removal, encapsulation, enclosure, and repair of ACM; emergency procedures for unplanned releases; potential exposure situations; transport and disposal procedures; and recommended and prohibited work practices. New abatement-related techniques and methodologies may be discussed.

(vii)Medical monitoring. OSHA and EPA Worker Protection Rule requirements for physical examinations, including a pulmonary function test, chest X-rays, and a medical history for each employee.

(viii)Air monitoring. Procedures to determine airborne concentrations of asbestos fibers, focusing on how personal air sampling is performed and the reasons for it.

(ix)Relevant Federal, State, and local regulatory requirements, procedures, and standards. With particular attention directed at relevant EPA, OSHA, and State regulations concerning asbestos abatement workers.

(x) *Establishment of respiratory protection programs.

(xi)Course review. A review of key aspects of the training course.

(3)Requirements for the accreditation of asbestos refresher training courses:

(a) A training program may seek accreditation of asbestos refresher training courses in any of the following disciplines: inspector, management planner, supervisor, project designer, and abatement worker.

1. To obtain Safe State accreditation of refresher training courses, a training program must include at a minimum for each asbestos refresher training course the following:

(i) A review of the training course topics for that discipline listed in paragraph (2)(b) of this Section;

(ii) An overview of safety practices then in effect pertaining to asbestos-related activities in general, as well as specific information pertaining to the refresher training course for that discipline;

(iii) A review of laws and regulations then in effect pertaining to asbestos-related activities in general, as well as specific information pertaining to the refresher training course for that discipline;

(iv) A review of technologies then in effect pertaining to asbestos-related activities in general, as well as specific information pertaining to the refresher training course for that discipline;

(v) Eight (8) training hours each for the supervisor, project designer, and abatement worker refresher training courses, and four (4) training hours each for the inspector and management planner refresher training courses; and

(vi) A course test consisting of a minimum of 25 multiple choice questions except that the abatement worker course test may consist of a minimum of 25 test items using any Safe State approved test format.

2. Using forms designated by Safe State, a training program seeking accreditation of asbestos refresher training courses shall submit a written application to Safe State in the manner described in this Section. For each refresher training course which the training program desires to offer, the training program must submit the information specified in paragraph (1)(b) of this Section and meet all the conditions specified in paragraph (1)(c) of this Section.

3. Using forms designated by Safe State, the training manager, for each refresher training course, shall follow the notification procedures specified by paragraph (1)(e) of this Section.

(4)Requirements for the accreditation of synchronous and asynchronous online asbestos training courses

a.Scope

1. A training program may seek accreditation of asynchronous and synchronous online asbestos training courses in any of the following disciplines: inspector, risk assessor, management planner, supervisor, and abatement worker.

2. A training program shall not provide, offer, or claim to provide accredited online asbestos training courses in Alabama without applying for and receiving accreditation from Safe State as required under this Section.

3. To obtain Safe State accreditation of online training courses, a training program must include at a minimum for each online asbestos training course the items in (1) and (2) of this section for initial courses or (3)(a)(1.) and (3)(a)(2.) of this section for refresher courses.

4. In addition to the requirements listed in (1), (2) and (3) of this section, to obtain Safe State accreditation of online training courses, a training program must provide evidence of the following additional requirements:

(i) Training providers should have systems in place that authenticate the identity of the students taking the training and their eligibility to enroll in the course. It is strongly recommended that appropriate encryption technologies be employed to protect sensitive user information. Such systems will help to deter fraud, including the falsification of student identity.

(ii) Training providers should have systems in place that ensure students are focusing on the training material throughout the entire training period. For instance, online educational technology could provide a strong interactive component to ensure continued student focus through threaded discussion between students and the instructor and via interactive video clips.

(iii) Training providers should have systems in place that prevent students from prematurely skipping ahead. In addition, the students actual time spent online, including applicable breaks, should be monitored and recorded, and these records retained.

(iv) Training providers should have an approved principal instructor or approved guest instructor available to answer questions that students have while they are taking the online annual training. Student questions shall be responded to as soon as possible and no later than one business day.

(v) Technical support should be available to the students during the training periods to address any technical problems that arise. The training provider shall respond to technical support issues as soon as possible and no later than one business day. If a student is inadvertently logged out of an online session due to technical difficulties, the student should be given credit for the portion of the course already completed. At the same time, that student also should be required to make-up that portion of the training missed.

(vi) The identity of the students taking an exam online should be verified in some manner to prevent fraud or a testing center or proctor should be used.

(vii) Test questions should be randomized from course to course so that the same test is not given repeatedly. Controls should be instituted to ensure that test screens cannot be saved, copied, or printed.

(viii) Training providers should have systems in place that reduce opportunities for document fraud including a distinct, online training certificate that contains all the requirements of (1)(c)11. of this Section and that designates the course using the following language: Traditional Classroom, Asynchronous Online, or Synchronous Online.

(ix) Safe State will be notified by the training manager via a monthly electronic roster containing a list of names of every individual who attended the course.

(x) For auditing purposes, the training program, at no charge, shall allow representatives of Safe State unrestricted access to the online course at any time that the course is being provided.

(xi) If approved by Safe State to conduct online training in Alabama, the training program shall clearly identify that the online course is applicable to and approved by Alabama when advertising the course, or when registering students for the course. Approval by Safe State is applicable to the State of Alabama only and is not applicable to any other State unless there is a reciprocity agreement with that State.

(5)Procedures for re-accreditation of asbestos training courses.

(a) To maintain training course and refresher training course accreditation in a discipline, an accredited training program must apply for re-accreditation by Safe State in that discipline within one (1) year after the date of accreditation or most recent re-accreditation. To maintain training course or refresher training course accreditation, a training program annually must meet the requirements of paragraphs (4)(b) and (4)(c) of this Section.

(b) Using forms designated by Safe State, a training program seeking re-accreditation of a training course or refresher training course shall submit a re-accreditation application to Safe State prior to the expiration of the course's accreditation.

(c) The re-accreditation application shall include:

1. The training program's name, current address, and telephone number;

2. A list of the courses for which it is applying for re-accreditation;

3. A description of any changes to the training facility, equipment, curriculum, course blueprint, course test, course agenda, learning objective for any lecture, hands-on exercise, or any other material that have occurred or have been made since Safe State's approval of the training program's initial application or most recent re-accreditation application for that training course or refresher training course; and

4. A statement signed by the training manager stating:

(i) That the training program complies at all times with all requirements in paragraphs (1) through (3) of this Section, as applicable; and

(ii) That the training program has complied with and will continue to comply with the record keeping and reporting requirements of paragraph (5) of this Section.

5. A fee of $300 for each training course or refresher training course for which re-accreditation is desired.

(d) The training manager shall allow Safe State to audit the training program to verify the contents of the application for re-accreditation as described in paragraph (6) of this Section.

(6)Training program record keeping requirements

(a) Accredited training programs shall maintain, and make available to Safe State upon request, the following records for each training course or refresher training course:

1. All documents specified in paragraph (1)(c)5. of this Section;

2. The current curriculum/course materials, including any documents reflecting any changes made to these materials;

3. The course test blueprint and course test;

4. The learning objectives for each lecture, exercise, and hands-on exercise;

5. Information regarding how the hands-on assessment is conducted including, but not limited to, who conducts the assessment, how the skills are graded, what facilities are used, and the pass/fail rate;

6. The quality control plan as described in paragraph (1)(c)12. and documentation of annual review of instructors;

7. The course agenda;

8. Results of the students' hands-on skills assessments and course tests, and a record of each student's course completion certificate; and

9. Any other material not listed in this paragraph that the training program submitted to Safe State as part of the training program's application for accreditation or re-accreditation.

10. Additional record keeping requirements for asynchronous and synchronous online training courses include:

(i) Student identity authentication and verification

(ii) Online/ contact time tracking

(iii) Online course evaluation forms

(iv) Principal instructor and technical support contacts

(b) The training program shall retain these records at the street address specified on the training program accreditation or re-accreditation application (or as modified in accordance with this paragraph) for a minimum of three years and six months. The training program shall notify Safe State in writing within 30 days after changing the street address or transferring the records from the street address specified on any application form submitted to Safe State.

(7)Training program audits.

(a) In addition to audits performed in connection with paragraph (1)(b)2. of this Section, Safe State may conduct unannounced audits of each training program, training course, or refresher training course to ensure compliance with the requirements of this Chapter.

(b) During an audit by Safe State, a training program, at no charge, shall allow representatives of Safe State to attend all or any part of any training course or refresher training course. Training programs shall not restrict access by Safe State to any part of a training course while Safe State is conducting an on-site or on line audit. As part of the audit process, training programs, upon request, shall make records as described in paragraph (5) of this Section available to Safe State for review, copying, and inspection.

(c) Unless a training program notifies Safe State of changes in a training course site or of a course cancellation not less than two (2) week days prior to the date of the change or cancellation, then any advanced travel costs received by Safe State may not be refunded to the training program.

(8)Reciprocity. Safe State may seek written reciprocal agreements with other States or Tribes where equivalency of asbestos accreditation and training requirements can be demonstrated. Safe State may recognize the accreditation of a training course or refresher training course granted by another State or Tribe with which Safe State has a written reciprocal agreement.

Ala. Admin. Code r. 822-X-2-.04

New Rule: Filed October 1, 2001; effective November 5, 2001.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 12/21/2018.

Authors: Michael Rasbury, Jason Brasfield, John Sikes, Charles Markin

Statutory Authority:Code of Ala. 1975, Title 22 Chapter 39 Acts 1989, No. 89-517; Acts 1997, No. 97-626.