Kan. Admin. Regs. § 28-50-5

Current through Register Vol. 43, No. 49, December 5, 2024

Section 28-50-5 - Asbestos worker certification

(a) A person shall not supervise or engage in an asbestos-removal project, an asbestos-encapsulation project, or an asbestos-related dismantling project unless that person has a valid class I or class II asbestos worker certificate that has been issued in accordance with this regulation. Original certificates for each person who is engaged in a project that requires certification shall be available for inspection by the department at the project site.

(b) A class I or class II asbestos worker certificate shall not be issued to any person, or renewed for that person, unless the following requirements are met:

(1) The person has successfully completed a basic training or annual review course within the preceding year that has been approved in accordance with the requirements of K.A.R. 28-50-6 or otherwise approved by the department.

(2) The person applies for a certificate or renewal of a certificate on a form provided by the department and submits, along with this application, a check or money order for the fee prescribed in subsection (c) of this regulation. Failure to comply with all requirements of this subsection within 60 days of initial submittal of the application form shall void the application. Fees accompanying voided applications shall not be returned.

(3) The person has complied with requirements of paragraphs (1) and (2) of this subsection and has submitted an application for renewal of a certificate not later than six months after the certificate has expired. Failure to renew a certificate within this time period shall require compliance with all requirements applicable to initial application for a certificate.

(c) Persons applying for a class I or class II asbestos worker certificate or renewal of these certificates shall pay an annual fee of $20.00 for a class I certificate or an annual fee of $40.00 for a class II certificate. This fee shall cover a 12-month period beginning on the effective date of issuance of the certificate or renewal. No portion of this fee shall be refunded if the certificate is denied, suspended, or revoked during the 12-month period or if the person no longer plans to engage in asbestos-abatement or asbestos-removal projects during any portion of the 12-month period.

(d) A certificate issued under this regulation may be suspended or revoked by the secretary if the secretary determines that the holder has performed any of the following:

(1) Fraudulently or deceptively complied with the requirements of subsection (b) of this regulation;

(2) willfully disobeyed any instructions or written procedural policies provided by an employer for the purpose of complying with these regulations;

(3) knowingly permitted another person to represent that person as the holder of the certificate; or

(4) altered or modified the certificate in a manner to represent facts that are untrue.

(e) Other provisions of this regulation notwithstanding, a person shall not supervise or engage in removal, encapsulation, enclosure, or repair of any friable asbestos-containing material located in an elementary or secondary school or public and commercial building, except as part of an asbestos-related maintenance operation, unless that person is currently an accredited asbestos worker. Persons who engage in these activities shall provide evidence, acceptable to the department, that the person has been accredited by successfully completing a federal EPA-approved training course, has been certified under a state program that has been approved by the federal EPA, or has been certified in Kansas at the class I or class II level, as appropriate, after completing training in compliance with the requirements of this article.

Kan. Admin. Regs. § 28-50-5

Authorized by K.S.A. 1998 Supp. 65-5303; implementing K.S.A. 1998 Supp. 65-5303, 65-5308, K.S.A. 65-5309, 65-5310; effective, T-86-1, Jan. 6, 1986; effective May 1, 1987; amended, T-88-54, Dec. 16, 1987; amended May 1, 1988; amended Feb. 4, 1991; amended Oct. 1, 1999.