06-096-424 Me. Code R. § 8

Current through 2024-46, November 13, 2024

Section 096-424-8 - Licensure of Lead Training Providers and Accreditation of Training Courses

Lead training providers must be licensed to offer accredited lead training courses in the State of Maine. A training course, used by an individual to fulfill certification requirements (including renewals), must be approved by the Department. Individuals are responsible for ensuring that a training course is approved by the Department before taking the course. Instructors cannot self-certify as a lead professional by both instructing and attending the same initial or renewal training course.

A.Licensure of lead training providers. To obtain a license as a lead training provider or to renew an existing lead training provider license, a business entity must submit a complete application to the Department on a form approved by the Department. The application must demonstrate that the training provider meets all applicable standards and must include the following:

(1) The name, address, telephone number and license number of the applicant, including any other name under which the applicant is known;

(2) The name, background, education, training, and experience of the employee of the applicant who is the training manager responsible for the development and administration of training courses. This must include proof that the training manager has a post-secondary degree in adult education, or has successfully completed a "Train the Trainer" course that is approved by the Department, or has at least two full years' experience teaching adult learners;

(3) The name, background, education, training, and experience of the person who the lead training provider plans to use as instructor. This shall include the designation of a qualified primary instructor and any secondary instructor, and shall include:

(a) Evidence that the primary instructor has demonstrated experience, education, or training in teaching adults; experience in education or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene; and successful completion of a Department-approved initial training course in the discipline they are teaching; and

(b) Evidence that secondary instructors are persons possessing academic credentials, training, and/or field experience in a particular area, who may regularly provide portion(s) of instruction at a course. Secondary instructors do not need to have attended initial lead training courses, but need to provide, prior to conducting training, the primary instructor with written documentation detailing their experience and providing copies of training and/or academic credentials.

(4) A detailed description of audio/visual teaching aids as well as the number and quality of supplies and equipment that will be used for the training;

(5) A physical description and location of the primary training facility that demonstrates that it is adequate for training and learning purposes;

(6) A copy of the course sign in/sign out log that the training provider will use to track the times that students arrive and depart the course, including the times out and in for any lunch break. The lead training provider shall ensure this log is filled in by the students when entering and exiting the classroom;

(7) The location of and a description of the classroom and "hands-on" facilities that is normally used by the lead training provider. The hands-on facilities must ensure that the students have direct contact with actual situations encountered in abatement work sites;

(8) A sample of the uniquely numbered certificate to be issued and mailed to training course students by the lead training provider upon successful completion of a course. This certificate must include:

(a) The name of the student and their date of birth;

(b) The name of the training course completed;

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

(d) The date of the final examination;

(e) The date of the training expiration;

(f) A statement that the student passed the course; and

(g) The name, address, and telephone number of the lead training provider.

(9) A statement by the lead training provider certifying that:

(a) The training program meets the accreditation requirements established in Sections 8(B), 8(C) and 8(D), and will be implemented in accordance with Sections 8(A), 8(E), 8(F) and 8(G).

(b) The training manager has developed and will implement a quality control plan to maintain and improve the quality of the training program over time, including, procedures for periodic revision of training materials to reflect innovations in the field, procedures for the training manager to periodically review the principal instructors competency; and evidence that any deficiencies provided to the training manager by the Department as part of any course audit have been corrected; and

(c) The lead training provider will allow the Department to audit any and all aspects of each course offered by the lead training provider; and

Note: The Department may request additional information for purposes of determining the proficiency and adequacy of the applicants standard operating procedures.

(10) The appropriate license fee.

B. Accreditation of training courses. All lead training courses that fall within the jurisdiction of this Chapter and are offered in the State of Maine must be accredited and must be offered by a licensed lead training provider. The lead training provider must submit an application for accreditation of a training course to the Department at least 30 days prior to the scheduled training course date. Departmental accreditation of a training course expires after one year. The training provider must notify the Department at least 5 working days prior to offering each course, unless otherwise approved by the Department, so that the Department can schedule audits.

An application for accreditation of a training course must be on forms provided by the Department and must include the following:

(1) The name, address, telephone number and license number of the lead training provider conducting the training course, including 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 outline detailing specific topics to be covered in the training course along with the estimated amount of time allotted to each topic. The training course curriculum for each training course approved under this Section must at a minimum meet the content requirements outlined in Section 8(E) below;

(4) A copy of the training course manual along with all printed or electronic material to be distributed to the training course participants;

(5) A description of the teaching methods to be utilized, including a description of audio/visual aids;

(6) If different than the facilities approved as described in the lead training provider's license application, the location of and a description of the classroom and "hands-on" facilities. The hands-on facilities must provide opportunity for direct contact with actual situations encountered in the field of study;

(7) If the training will include different or additional instructors than those approved as described in this lead training provider's license application, the additional instructor qualifications as described in Section 8(A)(3);

(8) A statement that under no circumstances will the student to instructor ratio for hands-on portions of the training course be greater than 10 to 1;

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

(10) A description of the hands-on skills for each training course discipline and a proficiency assessment of the hands-on skills given during the training course, if applicable;

(11) For refresher courses, a copy of the final course examination;

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

(13) Any other state or jurisdiction under which the course is approved; and

(14) The applicable license fee.

C.Training courses at remote locations. The Department may approve a training course that is offered electronically to a remote location provided the remote training facilities meet the requirements set forth in Section 8(A)(5) including demonstrating to the Department's satisfaction that the applicant will have adequate procedures to:

(1) Verify attendance throughout the training day and the course;

(2) Allow students to interact in real time with the instructor and each other if the course is offered simultaneously at multiple remote locations; and

(3) Provide the hands-on and exam (including re-examinations) components of the course.

D.Renewal of training course accreditation. In order to renew an existing lead training course accreditation, the training provider must submit a complete application to the Department on a form approved by the Department. This application must include the following:

(1) The name, address, telephone number and license number of the lead training provider conducting the training course, including any other name under which the training provider is known;

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

(3) Submission of any proposed changes in the course content or curriculum, including new instructors and new or revised course handouts;

(4) Evidence that any changes suggested by the Department as a result of a course audit have been incorporated into the lead training course; and

(5) The applicable license renewal fee.

E.Required course content. The following standards must be met for a training course to be approved by the Department.

(1)Course times and length. 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 holidays. A course day must not be less than 6 1/2 hours or exceed 8 hours in duration, excluding lunch and breaks. Other course duration and times may be approved by the Department on a case-by case basis. Courses must be completed within a two-week period.

(a) Lead abatement worker: 24 hours, including minimum 8 hours hands-on instruction.

(b) Project supervisor: 32 hours, including minimum 8 hours hands-on instruction.

(c) Lead inspector: 32 hours, including minimum 8 hours hands-on instruction.

(d) Risk assessor: 16 hours, including 4 hours hands-on instruction.

(e) Design consultant: 16 hours.

(f) Refresher for all disciplines, except design consultant: 8 hours including minimum 30 minutes of hands-on instruction.

(g) Design consultant refresher shall be a minimum of 4 hours and does not need to have a hands-on segment.

(2)Course content

(a) All courses must include instruction on:

(i) Background information on lead and its adverse health effects; and

(ii) State of Maine statutes and rules related to lead-based paint activities, with an emphasis on specific sections of the rules relating to the discipline being taught.

(b) Courses relating to the specific disciplines must also include modules as follows:

(i) Lead abatement worker and project supervisor courses: lead abatement methods; work area preparation and clean-up requirements; waste handling and disposal; clearance examination requirements; OSHA Standard for Lead in Construction ( 29 C.F.R. § 1926.62, as amended up to July 1, 2020); and personal protective equipment and decontamination requirements/hygiene practices.

(ii) Project supervisor course: project notification; occupant protection planning; supervisor responsibilities; lead abatement report preparation, and contractor liability.

(iii) Lead inspector course: identification of lead-based paint hazards and lead hazards and inspection protocols; paint, dust soil and water sampling protocols; clearance examination requirements, XRF calibration and HUD issued XRF PCS requirements; creating line diagram/floor plans; HUD guideline for multi-family properties, radiation safety; lead safe certificate, essential maintenance practices and, report preparation.

(iv) Risk assessor course: risk assessment and risk management, abatement and interim control methods; substrate and structural integrity assessment and substrate/paint compatibility.

(v) Design consultant course: basic requirements of lead inspections and risk assessments and interpretation of lead inspection and risk assessment reports; occupant protection planning; lead abatement methods: work area preparation and clean-up requirements; abatement design waste handling and disposal; clearance examination procedures and standards; personal protective equipment and decontamination requirements/hygiene practices; essential maintenance practices, and report preparation.

F.Required attendance. Successful completion of a training course requires a student to attend no less than 90% of the course's time. The training provider will maintain their own course sign in/sign out log sheet. Each student each day shall log the time when they arrive in the morning, departs for lunch and any other break, returns from lunch and any other break, and departs at the end of the training day.

G.Examinations

(1)General requirements. Final examinations are required for all training courses. Hands-on skills proficiency assessments are required for all initial training courses except the design consultant course which has no hands-on component. Successful completion of a final examination requires an applicant to achieve a score of 70% or higher on the final examination and demonstrate proficiency in the hands-on skills, as applicable.

(2)Initial course examination. Initial training courses require a final Maine Lead Services Examination, which shall be provided by the Department.

(3)Examination retakes. Lead training providers shall offer retakes of the Maine Lead Services Examination or other course examination to course participants that do not pass the original or subsequent examinations; a grade of 70% or higher is a passing grade.

(4)Results. The Department will communicate the course results to the Training Provider generally within 5 working days of the exam for initial training courses. The Training Provider will provide the course result records to the Department within 5 working days of completion of refresher training courses. The course results must include the type of course, the names, date of birth, and exam scores of all participants.

H.Recordkeeping requirements. A lead training provider must maintain student records for a period of 7 years and make such records available to the Department within 72 hours of request.

I.Non-accredited training from other jurisdictions. Lead training providers or individuals seeking certification or licensing in Maine by use of training from another jurisdiction that is not accredited by the Department may submit documentation to the Department affirming that the training received by the applicant was at least as stringent as the training course requirements of this Section. The Department may request any additional information in order to determine the adequacy of the training courses. It is the responsibility of the individual seeking certification or the business entity seeking licensing as a lead training provider to provide the information requested under this section. If the Department determines that the training from another jurisdiction is at least as stringent as the lead training course requirements of this Section, it may approve the use of such training as a basis for certification or licensing. The Department will administer a discipline specific examination to individuals who received training in other jurisdictions prior to the issuance of a certification letter.

J. Course notification to Department. Training providers must notify the Department in writing of lead training courses conducted pursuant to this Chapter on forms approved by the Department and at least 5 working days prior to the start date of the course. A training provider may seek to offer a course to be offered in less than 5 working days after notification provided that the training provider demonstrates that reasonable planning and foresight could not have predicted time and date limitations, and that starting the course in less than 5 days after notification is the only available option. The notification must include 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. The Department shall not approve a course unless the notice required under this Section has been properly filed. The training provider shall notify the Department via phone or other approved communication of the cancellation of any course as soon as possible but no later than 7:00 a.m. the day of the course. A training provider may notify the Department later than 7:00 a.m. provided that the training provider demonstrates that reasonable planning and foresight could not have predicted the unforeseen circumstances occurring that day that led to the cancellation of a course.

06-096 C.M.R. ch. 424, § 8