06- 096 C.M.R. ch. 425, § 10

Current through 2024-51, December 18, 2024

Section 096-425-10 - Approval and Conduct of Training Courses

This section includes the requirements for training courses used by an individual to meet certification requirements of this rule and for approval of training courses by a Training Provider.

A.Approval of Training Courses

(1) A training course used by an individual to fulfill certification requirements must be approved by the Department or by another governmental agency that has a reciprocal arrangement with the Department. Individuals are responsible for ensuring that a training course is approved before taking the course. Courses approved by another state or the US EPA may or may not be approved by the Department depending upon the length, content, and presentation of the course and the qualifications of the training provider. Department approval of a training course expires after one year.

(2) An application for training course approval must be submitted to the Department at least 30 days prior to the first scheduled training course date on forms approved by the Department.

(3) Training course curriculum and operational procedures used by the Training Provider must adhere to the US EPA Asbestos Model Accreditation Plan; Interim Final Rule, 59 FR 5236-5260 (effective April 4, 1994), Appendix C to Subpart E of 40 CFR Part 763, "Asbestos-Containing Materials in Schools" rule (effective December 14, 1987). Initial and refresher training courses are subject to the Interim Final Rule.

(4) If a training course is not referenced in Appendix C to Subpart E of 40 CFR Part 763, "Asbestos-Containing Materials in Schools" rule, the Department shall determine adequacy of the course by reference to industry standards, training offered by other trainers, the requirements of this section, and other material requested from the applicant.

(5) Course content for the 16-hour Asbestos Air Monitor course that may be used in conjunction with a supervisor course to attain certification as an Asbestos Air Monitor must include at a minimum:

(a) Air sampling procedures, strategies, and equipment;

(b) Pump calibration techniques;

(c) Air sampling calculations;

(d) Limitations of air sampling;

(e) Appendix A of Asbestos-Containing Materials in Schools rule, 40 CFR Part 763 (effective October 30, 1987), including NIOSH methods;

(f) Response action clearances;

(g) Required recordkeeping and documentation;

(h) Applicable state and federal rules and regulations, including but not limited to this rule, NESHAP, EPA, and OSHA;

(i) Quality assurance procedures;

(j) Duties and responsibilities of a certified Asbestos Air Monitor, as set forth in this rule and other applicable rules and regulations;

(k) Project monitoring techniques;

(l) Visual evaluation techniques;

(m) Visual clearances as per this rule and the American Society for Testing and Materials ASTM Method E 1368-90; and

(n) Reading and interpreting specifications and drawings.

(6) Course content for an initial Asbestos Air Analyst must include techniques and procedures for quantification of fibers in air samples and at a minimum cover all topics presented in the former NIOSH Course #582, "Sampling and Evaluation of Airborne Asbestos" or equivalent.

(7) The Asbestos Air Monitor refresher course shall be 4 hours.

(8) 8-Hour OSHA Worker and 12-hour OSHA Competent Person course content must include: subject matter required by OSHA, pursuant to 29 CFR 1926.1101 (effective August 10, 1994), as well as proper clean-up techniques, visual evaluation of the work area, proper waste packaging, and work stoppage criteria.

B.Application Requirements for Approval of Training Courses. An applicant for approval of a training course must provide the following:

(1) The name, address, telephone number, and license number of the DEP-licensed Training Provider conducting the training course, including, if applicable, any other name under which the Training Provider is known;

(2) The name of the training course for which approval is sought;

(3) A course curriculum detailing specific topics to be covered along with allotted topic times;

(4) A copy of the training course manual along with all printed material;

(5) A description of the teaching methods to be utilized, including but not limited to a description of audio/visual aids;

(6) A description of the "hands-on" facility to be utilized, including, but not limited to, protocol for instruction and ensuring direct contact with actual situations encountered in the field of study;

(7) A statement that the student to instructor ratio for hands-on portions will be no greater than 10 to 1;

(8) A description of the equipment that will be utilized in classroom lectures and in hands-on training;

(9) The names, background, qualifications, and training and experience of the primary instructor and the names and qualifications of all secondary instructors providing the training;

(10) A copy of the uniquely numbered certificate of course completion, which must contain the following:

(a) The name of the student;

(b) The name of the training course completed;

(c) The date(s) and location of the training course;

(d) The certificate's date of expiration;

(e) A statement that the student passed the examination;

(f) The name, address, and telephone number of the Training Provider;

(g) The length of the course in hours; and

(h) The name and signature block of the primary instructor for the course;

(11) Other information necessary to determine the adequacy of the training course content and presentation; and

(12) Any other state or jurisdiction under which the course may be approved.

C.Renewal Application Requirements for Approval of Training Courses. The applicant must demonstrate it meets the following requirements for renewal of approval of training courses:

(1) Submission of a renewal application;

(2) Submission of any changes in the course content, curriculum, instructors, and exam questions and procedures;

(3) Compliance with the following:

(a) Standards of Conduct set forth in Section 5(F) of this rule; and

(b) Maintaining the training/facility standards and course content set forth in the original license application.

(4) Written response toDepartment training course audit findings addressing how each finding has been incorporated into course curricula/materials or facility standards noted in the audit.

D.Successful Course Completion. Successful completion of a training course requires that a student attend at least 90% of course time and achieve a score of 70% or greater on the course exam. Except refreshers, primary instructors can not be considered students for consideration of successful course completion.

E.Examinations (Exams)

(1) General Requirements. Exams are required for all training courses conducted pursuant to this rule. Passing an exam is achieved when a student achieves a score of 70% or higher. Failure of an exam requires:

(a) That a student retake the initial or refresher training course exam once.

(b) That a student not passing the second exam must attend 8 hours of remedial training prior to taking the initial or refresher training course exam again.

(c) That a student failing the third exam after taking the remedial training must take the initial or refresher training course again along with the training course exam.

(d) The Training Provider will grade the exam and communicate the course results to the Department within 5 working days. The course results must include the type of course, the names, social security numbers, and exam scores of all participants.

(2) Initial Exam. Initial training courses require a final exam, which shall be provided and administered by the Training Provider. The Department will provide the Training Provider with a matrix describing the topics on the exam, the number of questions required on each exam, and the approximate percentage of questions on each topic. The Department reserves the right to provide and/or administer final course exams. Alternate procedures, including, but not limited to, those arising out of reciprocal agreements with other states, must be approved in writing.

(3) Refresher Course Exam. Exams developed and administered by a licensed Training Provider are required for annual refresher training courses. The exam shall be a minimum of 25 questions, shall be approved by the Department, and shall adequately address the refresher topics referenced in Appendix C, Interim Final Rule, 59 FR 5236-5260 (effective April 4, 1994) to Subpart E of 40 CFR Part 763 "Asbestos-Containing Materials in Schools" rule (effective December 14, 1987), and other requirements listed in this rule.

F. Reciprocity. Reciprocity of successful completion of training courses is allowed by this rule. Individuals seeking certification in Maine must submit documentation to the Department affirming that the training they received was at least as stringent as the training course requirements of this rule. Any of the requirements of this section, as well as the requirements for licensure of Training Providers set forth in this rule, may be requested by the Department when determining adequacy of training courses.

G.Course Notification to Department. Training Providers must notify the Department in writing of asbestos training courses conducted pursuant to this rule within the geographic boundaries of the State of Maine, on forms approved by the Department and at least 10 calendar days prior to the start date of the course. Included in the notification shall be the location of the course offering, and if other than the business location of the Training Provider, sufficient information to demonstrate that the new location is adequate for the training and learning purposes of the course. Courses not properly notified to the Department may not be approved by the Department. The Training Provider shall notify the Department via facsimile or phone of the cancellation of any course no later than 7:00 a.m. the day of the course.

H.Course Times. Training courses conducted pursuant to these rules shall be provided during normal business day hours, Monday to Friday, and no earlier than 7:AM and not later than 6:PM. Training shall not occur on state holiday days. A course day must not be less than 6 1/12 hours or exceed 8 hours in duration, excluding lunch and breaks. Other course days and times may be approved by the Department on a case-by-case basis. Courses must be completed within a two week period.

06- 096 C.M.R. ch. 425, § 10