11 Miss. Code. R. 2-10.15

Current through December 10, 2024

Rule 11-2-10.15 - Training Course Standards

The following are the requirements for initial training courses and refresher training courses that must be successfully completed by individuals seeking certification to perform asbestos related work pursuant to these regulations.

A. Initial training

(1) Training courses required by individuals seeking certification as inspectors, management planners, project designers, contractors, supervisors, or workers and the applicable EPA-approved training courses for air monitors must meet all requirements of Section I(B) of the Model Plan which is incorporated herein and adopted by reference unless otherwise noted.

(2) Initial training courses must be discipline specific for the certification being sought.

(3) Initial training courses must be completed within a two week period.

(4) Persons enrolled in training courses shall not be required to sit through more than eight hours of actual training in any single 24 hour period.

(5) Attendance in training courses following regular work hours shall not exceed a maximum of four hours in any single session.

(6) Except for worker training, initial training courses must be taught by at least two instructors.

(7) An examination as defined in Section I(C) of the Model Plan, which is incorporated herein and adopted by reference unless otherwise noted, must be given at the conclusion of the initial training course. All examinations shall be a closed book examination and demonstration testing may also be included as part of the examination. A person seeking accreditation in a specific discipline shall pass the examination for that discipline to receive accreditation. For example, a person seeking accreditation as an inspector must pass the inspector accreditation examination under the Model Plan which is incorporated herein and adopted by reference unless otherwise noted.

B. Refresher training courses

Annual refresher training is required for reaccreditation of all disciplines. Refresher courses shall be specific to each discipline and must meet all requirements of Section I(D) of the Model Plan which is incorporated herein and adopted by reference unless otherwise noted. For each discipline, the refresher course shall review and discuss changes in federal and State regulations, developments in state-of-the-art procedures and a review of key aspects of the initial training course. Air monitors must complete the supervisor refresher course in accordance with the requirements for supervisors.

At the conclusion of the refresher training courses in all disciplines, the training provider shall administer a closed book 25 multiple-choice question exam. Applicants must pass the exam with a minimum score of 70[CENT]. The exam shall be developed by the training provider. The training provider shall make the exam available for review by the Mississippi Department of Environmental Quality.

C. Training course approval. Training course providers seeking approval of their training courses must meet the requirements of these regulations and Section I of the Model Plan which is incorporated herein and adopted by reference unless otherwise noted. Training providers shall submit the following for evaluation and approval by the Commission prior to conducting initial course.

(1) A completed application on a form provided by the Department of Environmental Quality, along with the supporting documentation. The form and supporting documentation shall include the following:

(a) Name, address, and telephone number of the training provider, and name and signature of the contact person;

(b) course title, location and the language in which the course is to be taught;

(c) a student manual and an instructor manual for each course;

(d) course agenda;

(e) a copy or description of all audio/visual materials used;

(f) a description of each hands-on training activity;

(g) a copy of a sample exam; and

(h) a sample certificate with the following information:

(1) Name and social security number of student;

(2) training course title specifying initial or refresher;

(3) inclusive dates of course and applicable examination;

(4) statement that the student completed the course and passed any examination required;

(5) unique certificate number as required;

(6) for courses covered under 40 CFR Part 763, Subpart E, Appendix C, as amended, certificate expiration date that is one year after the date the course was completed and the applicable examination passed;

(7) printed name and signature of the training course administrator and printed name of the principal instructor;

(8) name, address, and phone number of the training provider;

(9) training course location; and

(10) a statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under Title II of the Toxic Substances Control Act.

(i) A list of any other states that currently approve the training course.

(2) A list of instructors and their qualifications including academic and/or field experience.

(3) Contingent approval shall be granted if the application and supporting documentation meet the criteria of this rule. Full approval shall be granted to a course with contingent approval after successful completion of an on-site audit of the course. The on-site audit shall include, but not be limited to, an evaluation of the following:

(a) Instructor effectiveness;

(b) technical accuracy;

(c) course administration; and

(d) course content.

D. Withdrawal of training course approval.

The Commission may suspend or revoke approval of any training course approved under this regulation that is determined to be in violation of these regulations and Section III(c) of the Model Plan.

Periodic training course audits may be performed by the Department of Environmental Quality to assure compliance with all requirements of the regulations regarding training.

E. Recordkeeping requirements.

(1) Approved training providers shall maintain all records required in Section I(F) of the Model Plan which is incorporated herein and adopted by reference unless otherwise noted for a minimum of 3 years.

(2) If a training provider ceases to conduct training, the training provider shall notify the approving government body (EPA or the State) so that the approving government body may take possession of the asbestos training records maintained by the training provider.

F. Training course notification.

(1) Not less than ten (10) days prior to the first day of an anticipated training course, training course providers must provide written notification to the Department of Environmental Quality, on forms developed by the Department, of the following:

(a) The course discipline;

(b) date and time of the training course;

(c) exact location of the site of the training course (if the location is different from the principal location of the training provider, a vicinity map, sketch or detailed written directions showing the training site location shall be included in the notification, unless a vicinity map has previously been submitted (for the specific location);

(d) information about the language to be used in the training course;

(e) the name of the principal instructor; and

(f) a copy of the training course agenda. (If the agenda is identical to an agenda which has previously been submitted, an additional copy of the agenda is not required with the notification).

(2) Failure to provide re-notification of changes in the time or location of the training course or any other information listed on the original notification within two (2) working days prior to the first day of the pending training course may lead to rejection of any certificate of training issued by the training provider in support of individual accreditation in Mississippi.

(3) Within seven (7) calendar days after completion of a training course, the training course provider must provide the Department with a written roster containing the following:

(a) The name of the course indicating the discipline and whether the course is an initial or refresher training course;

(b) the names of all course participants;

(c) for each participant, whether the participant passed or failed the examination;

(d) the date, time and location of the training course;

(e) for each participant, the training certificate number;

(f) the name of the principal instructor, and

(g) the name, address and phone number of the training provider.

(4) Failure to submit a roster as required in Rule 10.15.F(3) may result in the rejection of any certificate of training submitted to the Department in support of an application for accreditation.

G. Non-english language courses. The following shall apply to all courses taught in non-English languages.

(1) Training courses shall be taught in the language in which all participating students are fluent;

(2) written materials, including examinations must be correctly translated into the language in which all participating students are fluent; and

(3) interpreters may not be used to teach or instruct training courses.

H. Instructor qualifications. Any person seeking approval as an instructor for courses covered under Section I of the Model Plan which is incorporated herein and adopted by reference unless otherwise noted shall meet the applicable requirements listed in this section.

(1) Application - Any person seeking approval as an instructor must submit a completed Training Course Instructor Application provided by the Department. The required information includes personal data, training course and topics, education history, training history, employment history, accreditation or licenses issued by other states, professional registrations, and submittals to EPA or other states.

(2) Work practice topics for each shall include:

(a) For the worker course: state-of-the-art work practices;

(b) for the contractor/supervisor course: state-of-the-art work practices, and techniques for asbestos abatement activities;

(c) for the inspector course: pre-inspection planning and review of previous inspection records, inspecting for friable and nonfriable asbestos containing materials, assessing the condition of friable asbestos containing materials, bulk sampling/documentation of asbestos in schools, recordkeeping and writing inspection reports;

(d) for the management planner course: evaluation/interpretation of survey results, hazard assessment, developing an operations and maintenance plan, recordkeeping for the management planner, and assembling and submitting the management plan;

(e) for the abatement project designer course: safety system design specifications, designing abatement solutions, budgeting/cost estimation, writing abatements specifications, preparing abatement drawings and occupied buildings; and

(f) for the air monitor course: air monitoring strategies, conducting visual inspections, and recordkeeping and report writing.

(3) Instructors for work practice topics, hands-on exercises, workshops, or field trips where required for courses covered under 40 CFR Part 763, Subpart E, Appendix C as amended, shall meet the following requirements as applicable:

(a) Worker initial and worker refresher and supervisor initial and supervisor refresher courses;

(1) the applicant shall have successfully completed the initial and subsequent refresher training course requirements for supervisor; and

(2) the applicant shall meet at least one of the following educational and asbestos work experience combinations:

(i) If the applicant does not possess either a high school diploma or equivalent, the applicant shall:

(A) have at least 1440 hours experience in a worker or supervisor capacity in a contained work area; and

(B) have at least 360 hours as an instructor in an Environmental Protection Agency-approved or Environmental Protection Agency state approved worker course.

(ii) If the applicant possesses either a high school diploma or equivalent, the applicant shall:

(A) have at least 960 hours experience in a worker, supervisory, or consulting capacity in a contained work area; or

(B) have at least 240 hours as an instructor in an Environmental Protection Agency-approved or Environmental Protection Agency state approved asbestos worker or supervisor course or other occupational safety and health or environmental courses required to meet federal and state regulations.

(iii) If the applicant possesses at least an associate degree from a regionally accredited college or university, the applicant shall:

(A) Have at least 480 hours experience in a worker, supervisory, or consulting capacity in a contained area; or

(B) have at least 120 hours as an instructor in an Environmental Protection Agency-approved or Environmental Protection Agency state approved asbestos worker or supervisor course or other occupational safety and health or environmental courses required to meet federal and state regulations.

(b) Inspector initial and refresher courses:

(1) The applicant shall have successfully completed the initial and subsequent refresher training course requirements for inspector; and

(2) the applicant shall meet at least one of the following education and asbestos work experience combinations:

(i) If the applicant possesses either a high school diploma or equivalent, the applicant shall:

(A) have documented experience, including asbestos inspections in at least one million square feet of building space in the past three years; or

(B) have at least 60 hours as an instructor in an Environmental Protection Agency-approved or Environmental Protection Agency state approved inspector course or other occupational safety and health or environmental courses required to meet federal and state regulations.

(ii) If the applicant possesses at least an associate degree from a regionally accredited college or university, the applicant shall:

(A) have documented experience, including asbestos inspections in at least 500,000 square feet of building space in the past three years; or

(B) have at least 40 hours as an instructor in an Environmental Protection Agency-approved or Environmental Protection Agency state approved inspector course or other occupational safety and health and environmental courses required to meet federal and state regulations.

(c) Management planner initial and refresher courses:

(1) The applicant shall have successfully completed the initial and subsequent refresher training course requirements for management planner; and

(2) the applicant shall meet at least one of the following education and asbestos work experience combinations:

(i) If the applicant possesses either a high school diploma or equivalent, the applicant shall:

(A) Have documented management planning experience showing at least 25 management plans or reinspection reports written in the past three years, or documented experience as the management consultant for at least 25 asbestos projects in the past three years, or a combination of management plans and projects managed; or

(B) have at least 48 hours as an instructor in an Environmental Protection Agency-approved or Environmental Protection Agency state approved management planner course or other occupational safety and health or environmental courses required to meet federal and state regulations.

(ii) If the applicant possesses at least an associate degree from a regionally accredited college or university, the applicant shall:

(A) Have documented management planning experience showing at least 12 management plans or reinspection reports written in the past three years, or documented experience as the management consultant for at least 12 asbestos projects in the past three years, or a combination of management plans and projects managed; or

(B) have at least 32 hours as an instructor in an Environmental Protection Agency-approved or Environmental Protection Agency state approved management planner course or other occupational safety and health or environmental courses required to meet federal and state regulations.

(d) For the project designer initial and refresher courses:

(1) The applicant shall have successfully completed the initial and subsequent refresher training course requirements for abatement project designer; and

(2) The applicant shall meet at least one of the following education and asbestos work experience combinations:

(i) If the applicant possesses either a high school diploma or equivalent, the applicant shall:

(A) Have documented asbestos abatement project design experience including the design of at least 12 asbestos projects in the past three years; or

(B) Have at least 30 hours as an instructor in an Environmental Protection Agency-approved or Environmental Protection Agency state approved abatement project designer course or other occupational safety and health and environmental courses required to meet federal and state regulations.

(ii) If the applicant possesses at least an associate degree from a regionally accredited college or university, the applicant shall:

(A) Have documented asbestos abatement project design experience, including the design of at least six asbestos projects in the past three years; or

(B) Have at least 20 hours as an instructor in an Environmental Protection Agency-approved or Environmental Protection Agency state approved abatement project designer course or other occupational safety and health and environmental courses required to meet federal and state regulations.

(e) Instructors for a Commission approved NIOSH 582 or Commission approved Air Monitoring Course shall meet the following requirements:

(1) Have a high school diploma or equivalent;

(2) Successfully complete the National Institute for Occupational Safety and Health's NIOSH 582 training course or Commission approved air monitoring course.

(f) All instructors approved under these regulations shall take a refresher training course in at least one discipline from a training provider other than their employer every other year.

(4) Instructors who will teach segments of training courses covered under 40 CFR Part 763, Subpart E, Appendix C, as amended, other than work practice topics, hands-on exercises, workshops, or field trips shall meet the following requirements:

(a) Be actively working in the field of expertise in which training is conducted; and

(b) have a minimum of a high school diploma or equivalent.

11 Miss. Code. R. 2-10.15

Miss. Code Ann. §§ 37-138-1, et seq., 49-2-1, et seq. and 49-17-1, et seq.