216 R.I. Code R. 216-RICR-50-15-1.19

Current through November 7, 2024

Section 216-RICR-50-15-1.19 - Certification of Competent Persons

1.19.1General Requirement

A. Any designated public employee, designated public maintenance person, maintenance worker in the private sector, teacher and/or parent representative who desires to be certified as competent in the basic aspects of asbestos inspections and abatement process evaluations, as defined by the Act, or to perform spot repairs within the jurisdiction of the applicant's agency, municipality or building(s) must file an application with the Department which includes evidence of successful completion of a certified training course of at least sixteen (16) hours duration (exclusive of lunch and break times) as outlined in § 1.19.2 of this Part.

B. Maintenance personnel in the private sector, including but not limited to plumbers, electricians and oil burner repairmen, who perform asbestos abatement activities that are subject to this Part in conjunction with their primary profession must be certified as a Competent Person for Spot Repair in accordance with §1.19.1(A) of this Part.

1.19.2Content of Competent Person Training Courses

A. The initial training course for Competent Person shall consists of at least sixteen (16) hours of instruction and shall provide, at a minimum, information on the following topics:

1. The training for maintenance and custodial employees required by 40 C.F.R. § 763.92(a)(1) and (a)(2) incorporated by reference at § 1.2(J) of this Part;

2. The requirements, procedures and standards established by this Part, particularly those sections dealing with spot repairs (§ 1.15 of this Part) and the inspection and evaluation criteria for asbestos in public buildings (§ 1.22 of this Part); and

3. At least four (4) hours of hands-on instruction in state-of-the-art spot repair techniques.

B. The yearly review course shall consist of at least eight (8) hours of instruction and shall provide, at a minimum, information on the following topics:

1. An adequate review of the topics outlined in §1.19.2(A) of this Part;

2. Updated information on state-of-the-art procedures and equipment;

3. Reviews of regulatory changes and interpretations;

4. Specific topic coverage as requested by the Department; and

5. At least four (4) hours of hands-on instruction in state-of-the-art spot repair techniques.

C. Notwithstanding the requirements of §1.19.2(B)(5) of this Part above, certified annual review courses may include a mechanism for trainees to demonstrate proficiency in the hands-on portion of said course, in lieu of repeating the four (4) hours of hands-on instruction.

D. Any annual review course that proposes to include the proficiency test provided for by §1.19.2(C) of this Part must also submit a detailed description of how said proficiency test will be administered. This description shall include, as a minimum, the skills that will be evaluated, the types of evaluations that will be conducted, the name(s) and qualifications of the instructor(s) that will conduct the evaluation, the degree of proficiency that will be necessary to pass this evaluation, and additional training that will be required before a trainee can be retested after failing any portion of the evaluation.

1.19.3Suspension or Revocation of Competent Person Certification and/or Imposition of Civil Penalties

A. The Department may suspend or revoke any Competent Person certification issued under § 1.19 of this Part for:

1. Failure to maintain appropriate proficiency in the required areas.

2. Incompetence and/or negligence.

3. Submitting false information on an application.

4. Failure to comply with this Part; or

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

B. Civil Penalties

Any person certified only for spot repairs who undertakes any asbestos abatement project larger than the size limits for a Spot Repair as defined by this Part or who does not follow the work practices for Spot Repairs contained in § 1.15.2 of this Part shall be subject to a fine of no more than five hundred dollars ($500) per violation. This provision shall also be applicable to the employers of said persons.

1.19.4Expiration of Certification

A. Unless sooner revoked or suspended by the Department in accordance with the provisions of § 1.19.3 of this Part, certification as a Competent Person shall expire one (1) year from the date of the issuance of the certification.

B. Notwithstanding the requirements of §1.19.4(A) of this Part, Competent Person certifications issued prior to 1 August 1990 shall expire on the date indicated on said certification. However, individuals holding said Competent Person certifications are subject to the annual review requirements contained in §1.19.2(B) of this Part.

1.19.5Renewal of Certification

Requests for renewal of certifications issued under § 1.19 of this Part must contain evidence that the applicant has successfully completed a certified annual review course, as described in §1.19.2(B) of this Part.

216 R.I. Code R. 216-RICR-50-15-1.19

Amended effective 1/1/2019