19 Del. Admin. Code § 4103-4.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4103-4.0 - Training Requirements for Asbestos Contractors/Supervisors/Workers Class "A" and "B" Environmental Project Monitors

4.1 The following minimum training requirements are promulgated in accordance with 16 Del.C. § 7805 (2) and U.S. Environmental Protection Agency Asbestos Hazard Emergency Response Act (AHERA), 50 CFR 763.

4.2 In order to become certified by the Division of Facilities Management to work with asbestos-containing materials in the State of Delaware, all below-listed training requirements must be met.

4.3 Asbestos Workers - Class "A"

4.3.1 Shall successfully complete a four (4) day, thirty-two (32) hour course including fourteen (14) hours of hands-on training approved by Facilities Management.

4.3.2 During a portion of the fourteen (14) hours hands-on training, the student will demonstrate the prescribed skills handling ACM while in full containment under negative air pressure using Type "C" Grade "D" respiratory protection. This is required on State of Delaware public schools and state-owned buildings only.

4.3.3 At the completion of training, all students will take a 50 question examination and pass with a minimum score of 70%. An examination is required for Initial and Refresher Training.

4.4 Asbestos Abatement Contractor/supervisor - Class "A"

4.4.1 Shall be totally independent of the worker course and taught at a level in accordance with the 40 CFR Part 763 ; AHERA Model Accreditation Plan (MAP).

4.4.2 At the completion of the this training, supervisors will take a 100 question examination and must pass with a 70% score. An examination is required for Initial and Refresher Training. In addition, supervisors must pass a minimum four (4) hour nationally recognized C.P.R. course in order to become certified by Facilities Management. The original card must be presented at the time of application for certification. No on-line CPR courses or computer printed cards will be accepted.

4.5 Asbestos Abatement Contractor/supervisor - Class "B"

4.5.1 One competent person (per work site) for a "B" Contractor or Supervisor must have the forty (40) hour Class "A" Supervisor Training to meet OSHA Class II requirements.

4.5.2 Shall successfully complete a two (2) day, fourteen (14) hour course approved by Facilities Management which includes hand-on training in accordance with OSHA 1926.1101 "Asbestos" and pass an examination with a passing score of 70%. An examination is required for Initial and Refresher "B" Training.

4.5.3 Asbestos Worker Class "B" Training:

4.5.3.1 Shall successfully complete a 1 1/2 day, twelve (12) hour course approved by the Departmentt and pass an examination with a passing score of 70%. An examination is required for Initial and Refresher "B" Training.

4.6 Annual re-training is required for Class "B" certification.

4.7 At the successful completion of training, all students must apply to the Division of Facilities Management within one (1) year of the initial training and within one (1) year after expiration for their certification and photo identification badges.

4.8 Training Entities/trainers

4.8.1 All entities requesting to train in the State of Delaware must meet the minimum requirements in accordance with 16 Del.C. § 7805 (2), these regulations, and the U.S. Environmental Protection Agency, Asbestos Hazard Emergency Response Act (AHERA) and the Asbestos School Hazard Abatement Reauthorization Act (ASHARA). Training must be equal to or better than the State of Delaware requirements. This shall include at a minimum, a training facility within the state boundaries and shall be equipped with a hands-on laboratory for asbestos simulation work practices with proper equipment and materials.

4.8.2 All instructors shall be reviewed/audited and approved by the State for the portion of the class they intend to teach.

4.8.3 A desk audit of course material, test and question bank shall be submitted and approved prior to scheduling any class. As per 40 CFR Part 763, Subpart E, Appendix C.

4.8.4 The State of Delaware has adopted the procedures for de-accreditation of persons and withdrawal of course approval as set forth in 40 CFR, Part 763, Subpart E, Appendix C Unit III C. (MAP)

4.9 Training Requirements For Engineering/environmental Consulting Firms And Project Monitors.

Project Monitors may be required to take a five (5) day Project Monitor's course in Delaware on Delaware laws, regulations and procedures. A prerequisite to Project Monitors training is prior approval by the Division of Facilities Management to attend this course for certification.

4.10 Prerequisites for Project Monitors training:

4.10.1 Experience - combination of education and experience.

4.10.2 Education and training - successful completion of any EPA/State accredited AHERA supervisor course.

4.10.3 Current certificates of all accredited and other asbestos courses attended.

4.10.4 Copies of all in-house training certificates.

4.10.5 Current annual AHERA training requirements.

4.10.6 Resume of field experience.

4.11 If an applicant for Project Monitor does not hold a valid course completion certificate for project supervisor from another state or EPA approved supervisor course they will be required to attend the Delaware Project Supervisors Course prior to taking any additional Project Monitors training courses.

4.12 Other Prerequisites For Project Monitors Certification

4.12.1 An individual who has a current Asbestos Supervisors Certification may apply in the State of Delaware as a Project Monitors and must take a one (1) day Project Monitors Course: to include Delaware laws, rules, regulations, and procedures.

4.12.2 An individual who has no asbestos abatement experience must take the five (5) day Supervisor Course in addition to the five (5) day Delaware Project Monitors course.

4.12.3 Individuals with extensive experience in other states may apply to be grandfathered. However, after review of the application, resumes, other courses taken in the asbestos field and education, the Asbestos Office will determine if the individual is qualified under the grandfathering clause or if they must attend additional training before being issued a Project Monitors Certification.

4.12.4 The fee for the Project Monitors certification is $50.00 and will activate a one (1) year certification.

19 Del. Admin. Code § 4103-4.0

18 DE Reg. 736 (3/1/2015) (Final)