N.Y. Comp. Codes R. & Regs. tit. 10 § 73.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 73.3 - Application information

A training provider seeking accreditation of any initial or refresher asbestos safety training program described in sections 73.5 and 73.6 of this Part shall apply to the Department of Health for each such program. Provisional accreditation shall be determined after a full review of the program application has been completed. If provisional approval is granted, a letter of provisional accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, the department may request additional information to address inadequacies in the application for accreditation. If a training provider's application is disapproved, the provider may reapply for accreditation at any time. The training provider shall submit the following information to the Department of Health for review at least 45 days prior to the requested approval date:

(a) A completed copy of the appropriate Department of Health application form.

(b) A description of the training facility(ies) including a diagram or blueprint which identifies classrooms with their respective area dimensions, recordkeeping location(s), and equipment storage location(s). If records are to be stored at a location other than the training facility, the address and site specific information on the record storage room must be included.

(c) A detailed outline of the program, including the length of training, the amount of time allotted to each topic, a description of the type of teaching method for each topic, and the name(s) of the proposed instructors for each topic. For each proposed instructor include credentials demonstrating previous adult teaching experience, knowledge of the topics he/she will be teaching and/or description of relevant field experience in asbestos abatement.

(d) Copies of instructor lesson plan and transparencies, slides, and audio-visual materials to be used to supplement the program presentation. The training provider must detail in the application for accreditation those interactive/participatory teaching methods to be used and in which topic areas they will be employed.

(e) One copy of the entire student manual along with all other written materials intended to augment the student manual.

(f) A detailed description of the training provider's management and corporate structure including individual names of management personnel and corporate officers. The detailed description must include details of other business affiliations including, but not limited to, affiliations with asbestos abatement firms, environmental sampling and analysis firms and manpower brokerage firms.

(g) Evidence that the proposed training director meets the qualifications listed in subdivision 73.2(a) of this Part.

(h) A description of all materials and equipment to be used for hands-on practice exercises and demonstrations. This description shall include, but not be limited to, type and quantity of:

(1) protective clothing;

(2) personal respirators and their respective filters;

(3) high efficiency particulate absolute (HEPA) vacuum filtration equipment;

(4) negative air pressure equipment;

(5) building materials for containment and decontamination unit including, but not limited to, plastic sheeting (six millimeter in thickness), duct tape, appropriate carpentry tools, ground fault interrupters, water filtration equipment, non-asbestos material, scaffolding and ladders;

(6) asbestos abatement equipment including, but not limited to, glovebags for removing horizontal and vertical pipe insulation and for insulation on pipe elbows, tent structures, smoke test equipment, water spray devices and hand tools;

(7) sampling equipment including, but not limited to, bulk sampling devices, personal air sampling pumps and respective filters, area sampling pumps and respective filters, primary and secondary calibration devices, chain of custody forms and sample containers;

(i) A full description of a quality control program as described in subdivision 73.2(e) of this Part.

(j) A copy of the examination and its respective answer sheet and a detailed statement explaining the methodology used to develop and select the examination questions.

(k) A sample asbestos safety training program evaluation form.

(l) The training provider must submit a detailed recordkeeping procedure which identifies the type of records to be maintained as described below, the address where records will be maintained, the organization in which they will be maintained and what security measures will be implemented to ensure the integrity of the records. The training provider shall maintain all required records for a minimum of three years. Upon request, the training provider must allow a representative of the New York State Department of Health or the Department of Labor reasonable access to all required records. If a training provider ceases to conduct training, the training provider shall notify the Department of Health and give it the opportunity to take possession of that provider's asbestos training records. Students receiving training completion certificates must be informed in writing at the time of the program of any other costs they would incur if they were to request additional copies of their training completion certificates.

(1) Individual training program records must include the following:

(i) list of instructors that taught each program on each date that it was offered and the topic areas they presented;

(ii) the name of the instructor(s) who proctored and/or graded the exam for each program;

(iii) attendance roster for each session of training which must be signed by the student at the beginning and end of each session. The roster must include the times that each student arrived and departed the training session. For those students who miss any portion of the scheduled program, documentation must be included which verifies make-up of that missed portion of the program. Individuals must attend all sessions in order to satisfactorily complete the program; and

(iv) student program evaluations.

(2) Individual student records must include the following for each program attended:

(i) the name of the individual attending the program, his/her social security number or other suitable form of identification, the type of program attended and the dates of attendance;

(ii) completed sponsor copy of the DOH 2832 form;

(iii) a copy of any form letter or diploma that is issued to the student upon completion of the program;

(iv) a graded and dated examination answer sheet for each exam attempt, and with respect to repeat examinations, a narrative explaining any assistance provided to the student prior to the re-test;

(v) signed student program information memorandum specific to the program offered;

(vi) all appropriate documentation demonstrating initial and any refresher training must be included in the student file or referenced in those instances where the training sponsor has provided the initial training and all subsequent refresher training; and

(vii) documentation of valid inspector accreditation for each individual attending an initial management planner training program. This information must be verified at the time of program admission.

(3) Program accreditation file must include the following for each program offered:

(i) a copy of the department's program accreditation letter (provisional and full) for each specific program and approval letters received from New York City, United States Environmental Protection Agency (USEPA) and other States;

(ii) copies of the application form and all training program materials submitted to the department as part of the original curriculum submission;

(iii) copies of all revisions to the accredited curriculum and correspondence approving such revisions;

(iv) copies of all instructor's resumes, and the documents approving each instructor issued by the department, New York City Department of Environmental Protection, USEPA and/or other states;

(v) copies of exam questions for each program offered.

(4) Department of Health memorandum file which contains all memoranda issued by the department and pertaining to asbestos safety training;

(m) The names of the designated lead classroom instructors and lead hands-on instructors and their qualifications and topic(s)/hands-on area(s) to be taught by each instructor. The following documents must be submitted as necessary to prove that the designated instructor meets the requirements of section 73.4, including relevant educational, work experience, and training requirements:

(1) official academic transcripts; and/or

(2) one of the following:

(i) resume;

(ii) letters of reference;

(iii) instructor certification in another model plan accredited state; or

(iv) documentation of work experience; and

(3) a copy of the signed statement of employment;

(n) Changes to any aspect of the training program. The training provider must describe the procedure used to notify the department in writing of any changes in any aspect of an accredited training program prior to implementing such change. With every application for accreditation of an asbestos safety training program the training provider must certify that such notification will be given.

(o) A list of all other governmental authorities that currently approve the training course.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 73.3