La. Admin. Code tit. 33 § III-2807

Current through Register Vol. 50, No. 6, June 20, 2024

Section III-2807 - Accreditation of Individuals

A. Accreditation Requirements

1. Following the submission of an application and appropriate fees that meet the requirements of this Section and a determination by the department that an individual has met the applicable requirements to perform lead-based paint activities, the department shall accredit the applicant in one or more of the following disciplines:

a. lead inspector;

b. risk assessor;

c. lead project supervisor;

d. lead project designer; or

e. lead worker.

2. Individuals must be accredited by the department to engage in lead-based paint activities.

3. An individual seeking accreditation must have successfully completed the appropriate lead training course offered by a recognized training provider.

4. Individuals seeking accreditation in the lead inspector, risk assessor, lead project supervisor, or lead project designer disciplines must pass the applicable state examination given by the department or its proxy. Individuals must pass the state examination, with a score of 70 percent or above. Individuals who fail the state examination will be allowed to take the examination again within a six-month period. Individuals who fail the state examination twice must retake the initial course before they will be allowed to retake the state examination. Anyone who fails the test three times within a six-month period may not apply for testing in that category for 90 days.

5. In order to take the state examination for a particular discipline, an individual shall present the following:

a. a valid course completion certificate for that discipline from a recognized training provider;

b. photographic proof of identity; and

c. documentation that the applicant meets the education and experience qualifications described in Subsection B of this Section.

6. An application for initial accreditation with the department shall include the following:

a. a completed and signed application form;

b. a copy of the initial course completion certificate and any subsequent refresher course completion certificates from recognized training providers in the discipline for which accreditation is sought, or a valid course completion certificate from another EPA-authorized state-recognized training provider. Workers who have received less than 24 hours of initial training must also submit proof of eight hours of training in 29 CFR 1926.62(l);

c. a 1" x 1 1/4" photograph of the applicant issued by the recognized training provider;

d. proof of meeting the education and experience requirements listed in Subsection B of this Section; and

e. the appropriate fees as required in LAC 33:III.223.

7. The following documents shall be recognized by the department as proof of meeting the requirements listed in Subsection B of this Section:

a. official academic transcripts or diplomas;

b. resumes, letters of reference, or documentation of work experience; and

c. valid course completion certificates from recognized training providers.

8. Applications for accreditation or reaccreditation may be denied for:

a. failure to submit the required documentation and fees;

b. submission of inaccurate or falsified information; and

c. failure to comply with this Chapter.

9. Upon meeting the provisions of this Section, the applicant will be issued an accreditation certificate by the department. The issue date of the accreditation certificate shall become the annual renewal date of accreditation.

B. Education and Experience Requirements for the Lead Disciplines

1. To qualify for accreditation as a lead inspector, risk assessor, lead project supervisor, or lead project designer, an individual must:

a. successfully complete an initial course in the appropriate discipline and receive a course completion certificate from a recognized training provider;

b. pass the state lead certification examination in the appropriate discipline offered by the department or its proxy; and

c. meet or exceed the following experience and/or education requirements:

i. lead inspectors: a high school diploma (or equivalent);

ii. risk assessors: successful completion of a recognized training course and state certification examination for inspectors and risk assessors, and:

(a). a bachelor's degree and one year of experience in lead, asbestos, or environmental remediation work; or

(b). an associates degree and two years experience in lead, asbestos, or environmental remediation work; or

(c). certification as an industrial hygienist, professional engineer, or registered architect; or

(d). certification in an engineering, health, or environmental field (specifically, safety professional or environmental scientist); or

(e). a high school diploma (or equivalent), and at least four years of experience in lead, asbestos, or environmental remediation work;

iii. lead project supervisor: a high school diploma (or equivalent) and at least two years of experience in lead, asbestos, or environmental remediation work or in the building trades;

iv. project designers:

(a). bachelor's degree in engineering or architecture and one year of experience in building construction and design or a related field; or

(b). five years of experience in building construction and design.

2. To qualify for accreditation as a lead worker an individual must successfully complete an initial lead worker training course and receive a course completion certificate from a recognized training provider. There are no additional experience and/or education requirements.

C. Reaccreditation

1. To maintain accreditation individuals shall be annually recertified by the Office of Environmental Services.

2. To maintain continuous accreditation, an individual shall perform the following:

a. successfully complete the appropriate refresher course given by a recognized training provider 60 days prior to the accreditation expiration date;

b. submit a copy of the refresher course completion certificate to the Office of Environmental Services;

c. submit a 1" x 1 1/4" photograph of the applicant issued by the recognized training provider;

d. submit a signed and completed application form; and

e. submit the appropriate fees as required in LAC 33:III.223.

3. If the individual seeking reaccreditation receives refresher training earlier than 60 days prior to expiration or any time after the expiration date on the accreditation certificate, then the individual will receive a new expiration date.

4. If the individual fails to receive refresher training within one year after the accreditation expiration date, the individual must complete a refresher training course with a course test and hands-on assessment, as applicable, for the appropriate discipline in order to become recertified.

5. If an individual has not completed a refresher course within three years, the department shall require the applicant to:

a. pass the state lead certification examination in the appropriate discipline; or

b. complete a refresher training course with a course test and hands-on assessment, as applicable.

6. If an individual has not completed a refresher course within five or more years, the department shall require the applicant to complete a refresher training course with a course test and hands-on assessment, as applicable, and pass the state lead certification examination in the appropriate discipline.

D. Suspension and Revocation of Accreditations of Individuals Engaged in Lead-Based Paint Activities

1. The department may suspend or revoke an individual's accreditation if an individual has:

a. obtained training documentation through fraudulent means;

b. gained admission to and completed a recognized training course through misrepresentation of admission requirements;

c. obtained accreditation through misrepresentation of accreditation requirements or related documents dealing with education, training, professional registration, or experience;

d. performed work requiring accreditation at a job site without having proof of accreditation;

e. permitted the duplication or use of the individual's own certificate or photo identification by another;

f. performed work for which accreditation is required, but for which appropriate accreditation has not been received;

g. failed to comply with state lead-based paint statutes or regulations; or

h. failed to comply with the appropriate work practice standards for lead-based paint activities.

2. When suspension of accreditation credentials occurs, it shall be for no less than one year. When revocation occurs, it shall be for no less than three years. Penalties may also be assessed according to R.S. 30:2351.25(D).

La. Admin. Code tit. 33, § III-2807

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 23:1669 (December 1997), amended LR 24:2240 (December 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2459 (November 2000), LR 28:2337 (November 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2446 (October 2005), LR 33:643 (April 2007), LR 33:2092 (October 2007), amended by the Office of the Secretary, Legal Division, LR 39:1467 (June 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054 and 2351 et seq.