216 R.I. Code R. 216-RICR-50-15-1.18

Current through November 7, 2024

Section 216-RICR-50-15-1.18 - Certification of Asbestos Abatement Training Courses

1.18.1General Requirement

A. Training courses offered and conducted for the purpose of meeting the training requirements of this Part must be certified in accordance with § 1.18 of this Part. Applicants, in order to obtain certification for a training course, must submit an application which demonstrates compliance with the requirements of § 1.18 of this Part.

B. Notwithstanding the requirements of §1.17.1(A) of this Part, initial or review training courses for Asbestos Inspectors, Asbestos Project Designers or Asbestos Management Planners that are currently certified by other jurisdictions in accordance with the EPA Model Accreditation Program (MAP) will be considered as having been certified in accordance with § 1.18 of this Part.

C. The criteria for successful completion of a required training course must include obtaining a passing score on the final course examination, unless the certified training course has been specifically authorized in writing by the Department to use an alternative method of determining successful completion.

D. The training provider shall notify the Department of all scheduled, canceled, and completed asbestos training courses within seven (7) days of scheduling and completion. When implemented, the use of the Department's electronic training reporting system constitutes compliance with these notification requirements.

1.18.2Application for Certification of Training Courses

A. An applicant for certification of any asbestos abatement training course shall submit the following information for Department review at least forty-five (45) days prior to the first scheduled course date:

1. The name and address of the person(s), consulting firm, union, trade association, governmental agency, educational institution or other entity which proposes to conduct the training course, background information about the course sponsors, the name of the responsible individual and his/her telephone number.

2. The type of course(s) for which certification is being requested.

3. A detailed outline of the course curriculum including the amount of time allotted to each topic, the name and training/qualifications of the individual(s) responsible for developing the instruction program for each topic and the name of the instructor(s) for each topic.

4. A description of the teaching methods to be used to present each topic including, where appropriate, lectures, discussions, demonstrations and audio-visual materials. When applicable, include the name, producer and date of production of audio-visual materials to be used.

5. Copies of written materials to be distributed. All materials submitted in conjunction with the application shall be typewritten or machine printed.

6. Evidence demonstrating that the applicant has employed or contracted as instructors, either on a full time or temporary basis, enough persons (a minimum of two) who meet the training and experience criteria contained in § 1.18.3 of this Part. Resumes describing special training and education and/or prior experience may be submitted for providing this evidence.

7. A list of the types, brand names and quantities of respirators to be used to demonstrate and fit test or flow test respirators.

8. A description of the type and quantity of protective clothing to be used during practice exercises and demonstrations.

9. A description of the materials to be used for hands-on practice exercises and demonstrations, including hand tools, ladders, plastic sheeting and other barrier construction supplies, negative air filtration units, water spray devices and decontamination facilities.

10. A detailed description of the site of the training course including address where demonstrations and hands-on practice exercises will be conducted.

11. Any restrictions on attendance (language, degree of literacy required, union or group association, etc.).

a. Oral final examinations are not permitted unless specifically requested by the applicant and authorized in writing by the Department. The applicant must specifically identify the circumstances under which an oral final examination will be used. If oral final examinations are to be given in a language other than English, the applicant must outline the procedure used to ensure the integrity of the examination process.

b. Only Initial and Annual Review courses for Asbestos Workers and Competent Persons may be presented in a foreign language. Where such foreign language courses are offered, the applicant must translate all the course materials into the foreign language and submit them to the Department. The applicant must certify to the Department that the translations have been adequately checked for accuracy and provide the qualifications of the person(s) making the translation.

c. Written final examinations must be administered in the same language in which the other course materials were presented.

d. Department approval of an English language Asbestos Worker Initial or Annual Review course does not constitute approval to offer that course in any other language. Each foreign language version of an Asbestos Worker Initial or Annual Review course must receive specific Department approval. Department approval to present Asbestos Worker Initial or Annual Review courses in a foreign language must be issued prior to its initial offering and will not be retroactive.

12. Instructor to student ratio for the hands-on practice exercises and demonstrations. Written justification must be submitted for student to instructor ratios greater than ten to one (10:1).

13. Copies of typical final examination questions/answers, including the typical number and distribution of questions among the various subject areas, as well as the minimum grade which must be obtained for a trainee to successfully complete the course. Final examinations for Asbestos Inspector, Asbestos Management Planner and Asbestos Worker training courses must consist of at least fifty (50) multiple choice questions. Final examinations for Asbestos Project Designer and Asbestos Contractor/Supervisor training courses must consist of at least one-hundred (100) multiple choice questions. Final examinations for all Annual Review and Competent Person training courses, as well as any other Department approved training course containing up to fourteen (14) instructional hours, must consist of at least fifteen to twenty-five ( 15-25) multiple choice questions, depending on the length of the training course. The minimum passing grade must be at least seventy percent (70%).

14. The Department shall be immediately notified in writing of any significant changes in any information submitted by the applicant. These changes may not be implemented until they have been approved by the Department.

15. Appropriate course content and duration, as defined by § 1.18.8 of this Part.

16. The mechanism(s) that the applicant will use to ensure that all prospective students have successfully completed the appropriate initial training course(s) before being allowed to enroll in the respective annual review course(s), and that all prospective students have successfully completed any prerequisites for an initial training course (e.g., Inspector initial training is required for Management Planner).

1.18.3Criteria for Instructors

A. To be eligible for certification of any training course, two (2) or more course instructors shall be employed. Enough instructors shall be hired to ensure that all the education and experience criteria for instructors set forth below are met:

1. An instructor shall have experience in both the design, field performance and evaluation of air monitoring programs and the design and implementation of respiratory protection programs.

2. To qualify to teach the sections of the course concerning the health effects of asbestos, a qualified health professional shall be employed.

3. To qualify to teach the sections of the course covering the hands-on practice sessions, an instructor shall be employed with experience as an asbestos contractor or experience as an on-site foreman or supervisor of asbestos workers. This person shall have had direct experience in all phases of asbestos abatement work including work area preparation, construction of barriers, the use of personal protective equipment, engineering controls, work practices, clean-up, disposal and decontamination.

4. An instructor shall have experience in designing, implementing and evaluating either employee educational programs in occupational health and safety or vocational educational programs.

1.18.4Recordkeeping Requirements

The training entity shall maintain documentation of each certified course offered which shall include as a minimum: type of course, date(s) and location(s) of course, class roster and results of any final examination/evaluation, as well as the unique certificate number, for each student enrolled. The training entity shall retain all required records for a period of at least ten (10) years and shall make this information available to the Department upon request.

1.18.5Suspension or Revocation of Certification

A. The Department may suspend or revoke any certification issued under § 1.18 of this Part for:

1. Submitting false information on an application;

2. Failure to comply with this Part;

3. Incompetence and/or negligence; or

4. Any good cause within the meaning and purpose of this Part or the Act.

1.18.6Asbestos Training Course Fees and Issuance/Renewal of Certificates

A. An application fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) must accompany the application and shall be in the form of a check made payable to General Treasurer, State of Rhode Island. This fee is non-refundable and will not be returned if the application is denied or otherwise not approved by the Department.

B. Pursuant to the provisions of R.I. Gen. Laws § 23-24.5-14(c), the Department shall grant a certificate to an Asbestos Training Course which meets the certification requirements set forth in this Part, and upon submission of the certification fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title). Said certificate shall expire two (2) years from the date of issuance unless sooner suspended or revoked. Said certificate may be renewed every two (2) years in accordance with the provisions of § 1.18.7 of this Part and upon payment of the renewal application fee and the appropriate certification fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).

C. Amendments to Asbestos Training Courses will not be charged a fee.

D. Waiver of Asbestos Training Course Fees. The application and certification fees shall be waived for any Asbestos Training Course which is conducted by a Rhode Island state college or university and/or any agency of the State of Rhode Island or its political subdivisions.

1.18.7Renewal of Certification

A. Requests for renewal of certifications issued under § 1.18 of this Part must contain all the information requested by § 1.18.2 of this Part without reference to any previously submitted material.

B. In any case in which the responsible individual of a training course with complete certification, not less than 30 days prior to expiration of its existing complete certification, has filed an application in proper form for renewal, such existing complete certification shall not expire until final action on the application has been taken by the Department.

1.18.8Certified Training Courses - Types, Content and Duration

A. The initial training course for all Asbestos Workers and Asbestos Supervisors shall conform to the content specified by §1.9.3(A) of this Part, shall consist of at least thirty-two (32) hours over a period of at least four (4) days. The course shall include a minimum of eight (8) hours conducting practice exercises which demonstrate that the participant can:

1. Properly perform all aspects of asbestos abatement work; and

2. Prevent unnecessary asbestos exposure to the general public and co-workers by properly constructing and maintaining temporary plastic barriers, by properly using respiratory protection, protective clothing and other protective equipment, and by using proper work area clean-up, decontamination and waste disposal techniques.

B. The additional training for all Asbestos Supervisors shall conform to the content specified by §1.9.3(B) of this Part and shall consist of at least eight (8) hours of instruction.

C. The annual review course for all Asbestos Workers and Asbestos Supervisors shall consist of the one (1) day (at least eight (8) hours of instruction) training course specified by § 1.9.4 of this Part.

D. The initial training course for Competent Persons required by § 1.19.1 of this Part shall consist of at least sixteen (16) hours of instruction and must contain the material required by §1.19.2(A) of this Part.

E. The initial training for all individuals providing Asbestos Inspection Services shall consist of a three (3) day (twenty-four (24) hours in duration) training course. Lectures, demonstrations and field exercise(s) shall provide, at a minimum, all of the information required for initial training of Inspectors by the EPA Model Accreditation Plan ( 40 C.F.R. Part 763, Subpart E, Appendix C, incorporated by reference at § 1.2(B) of this Part). The initial training course must also include specific training in the asbestos assessment protocol contained in § 1.22 of this Part.

F. The annual review course for all individuals providing Asbestos Inspection Services shall consist of the one-half (1/2) day (at least four (4) hours of instruction) training course which shall provide, at a minimum, an adequate review of the topics specified by §1.18.8(E) of this Part, updated information on state-of-the-art procedures and equipment, and reviews of regulatory changes and interpretations. Specific topic coverage may be requested by the Department.

G. The initial training for all individuals providing Asbestos Project Designer Services shall consist of a three (3) day (twenty-four (24) hours in duration) training course. Lectures, demonstrations and field trip(s) shall provide, at a minimum, all of the material required for initial training of Abatement Project Designers by the EPA Model Accreditation Plan (40 C.F.R. 763, Subpart E, Appendix C, incorporated by reference at § 1.2(B) of this Part).

H. The annual review course for all individuals providing Asbestos Project Designer Services shall consist of the one (1) day (at least eight (8) hours of instruction) training course which shall provide, at a minimum, an adequate review of the topics specified by §1.18.8(G) of this Part, updated information on state-of-the-art procedures and equipment, and reviews of regulatory changes and interpretations. Specific topic coverage may be requested by the Department.

I. The initial training for all individuals providing Asbestos Management Planner Services shall consist of both the three (3) day (twenty-four (24) hours in duration) training course for Asbestos Inspectors specified by §1.18.8(E) of this Part and an additional two (2) day (sixteen (16) hours in duration) training course specifically for Asbestos Management Planners. This additional training course shall consist of lectures, demonstrations and field trip(s) and shall provide, at a minimum, all of the material required for initial training of Asbestos Management Planners by the EPA Model Accreditation Plan ( 40 C.F.R. Part 763, Subpart E, Appendix C, incorporated by reference at § 1.2(B) of this Part).

J. The annual review for all individuals providing Asbestos Management Planner Services shall consist of one half (1/2) day (at least four (4) hours of instruction) training course specifically for Asbestos Management Planners which shall provide, at a minimum, an adequate review of the topics specified by §1.18.8(I) of this Part, updated information on state-of-the-art procedures and equipment, and reviews of regulatory changes and interpretations. Specific topic coverage may be requested by the Department.

216 R.I. Code R. 216-RICR-50-15-1.18

Amended effective 1/1/2019