216 R.I. Code R. 216-RICR-50-15-11.3

Current through December 3, 2024

Section 216-RICR-50-15-11.3 - Certification Requirements for Lead Training Courses

11.3.1Training Providers

A. A training provider shall employ the following:

1. A training manager, qualified pursuant to § 11.3.2 of this Part;

2. One (1) or more individuals qualified as principal instructors pursuant to § 11.3.3 of this Part;

3. One (1) or more individuals with work experience as a Lead Supervisor, Lead Worker, or Lead Renovator to teach the hands-on portion of a Lead Renovator training course;

4. One (1) or more individuals with work experience as a Lead Supervisor to teach the hands-on portion of a Lead Supervisor or Lead Worker training course;

5. One (1) or more individuals with work experience as a Lead Inspector/Lead Assessor to teach the hands-on portion of a Lead Inspector or Lead Assessor training course.

6. Enough instructors to ensure that the student-to-instructor ratio for the hands-on training activities will not be greater than:

a. Eight to one (8:1) for a Lead Supervisor, Lead Worker, or Lead Renovator training course; or

b. Six to one (6:1) for a Lead Inspector or Lead Assessor training course.

B. A training provider shall provide training site(s) with adequate facilities and training equipment, pursuant to § 11.3.6 of this Part, for the delivery of the course curriculum, including, but not limited to, lectures, power point presentations, demonstrations, hands-on training, and the course test.

C. A training provider shall notify the Department of all scheduled, canceled, and completed Lead Training Courses, pursuant to § 11.3.8 of this Part.

D. A training provider shall issue a unique course completion certificate, pursuant to § 11.3.11 of this Part, to each individual who successfully completes a Lead Training Course.

E. A training provider shall permit the Department to audit any Lead Training Course, certified pursuant to this Section, and/or inspect all applicable records required in § 11.3.12 of this Part.

F. A training provider shall not combine refresher and initial training courses and must maintain separate course certifications.

11.3.2Training Managers

A. Training Manager Qualifications

1. The training manager shall meet the following education, training, and work experience requirements:

a. Successful completion of a "Train the Trainer" course approved by the Department; and

b. Experience, education, or training in lead inspections, lead hazard remediation, asbestos abatement, other related construction trades, industrial hygiene, occupational safety and health, or other related fields; and

c. A bachelor's or graduate degree in education, public health, industrial hygiene, occupational safety and health, engineering, building construction, or a related field; or

d. A general education diploma (GED) or high school diploma and at least three (3) years of experience in managing a training program specializing in environmental hazards or occupational safety and health; or

e. A GED or high school diploma and at least three (3) years of experience, education, or training in designing, implementing and evaluating either employee educational programs or vocational educational programs for adults.

2. A training manager who meets the qualifications of § 11.3.2(A) of this Part may also be a principal instructor.

3. A training manager who meets the qualifications of §§ 11.3.2(A)(1)(c), (d) or (e) of this Part, as applicable, may also be a hands-on instructor.

B. Training Manager Responsibilities

1. Responsibilities of the training manager include the following:

a. All communications with the Department;

b. Ensuring that the certified Lead Training Course complies with all requirements of this Section;

c. Developing and implementing a quality control plan;

d. Development of the curriculum and organization of the course material, if using the training provider's own curriculum;

e. Designation and oversight of a principal instructor for each class;

f. Ensuring the qualifications of all hands-on instructors;

g. Conducting and documenting an annual review of the competency of each instructor;

h. Maintaining the validity and integrity of the hands-on skills assessment to ensure that it accurately evaluates the student's performance;

i. Maintaining the validity and integrity of the course test to ensure that it accurately evaluates the student's knowledge and retention of the course topics;

j. Ensuring compliance with the Department's Licensing of Radioactive Material (Part 40-20-7 of this Title), when applicable;

k. Providing the Department with a pre-certification inspection of the training facility, teaching methods and materials, and hands-on equipment and supplies; and

l. Maintaining timely course offering information and downloading all required completed course information into the Department's electronic reporting system, or other manner approved by the Department, pursuant to § 11.3.11 of this Part; and reporting and recordkeeping requirements pursuant to § 11.3.12 of this Part.

11.3.3Principal Instructors

A. Principal Instructor Qualifications

1. Each principal instructor shall meet the following education, training, and work experience requirements:

a. A GED, high school diploma, or higher degree;

b. Experience, education or training in teaching adults;

c. Experience, education, or training in lead inspections, lead hazard remediation, asbestos abatement, other related construction trades, industrial hygiene, occupational safety and health, or other related fields;

d. Successful completion of a related initial lead professional training course approved by the Department;

e. Successful completion of a related lead professional review course, completed by the instructor within the three (3) year period prior to submission of the application; and

f. Successful completion of a "Train the Trainer" course approved by the Department; and

g. For non-English courses, the principal instructor must be fluent in both English and the language in which the course is offered.

2. A principal instructor who meets the qualifications of §§ 11.3.2(A)(1)(c), (d) or (e) of this Part, as applicable, may also be a hands-on instructor.

B. Principal Instructor Responsibilities

1. Responsibilities of the principal instructor for each course include the following:

a. Teaching the course content and/or being physically present during all course instruction, including guest instructors and hands-on training activities;

b. Oversight of all guest instructors;

c. Verifying each student's identity;

d. Assessing the student's proficiency of the hands-on activities;

e. Administering the final course test;

f. Certifying all student records for performance and attendance;

g. Ensuring that students complete the course evaluation; and

h. Reporting any course deficiencies or training issues and providing feedback to the Training Manager regarding potential improvements.

11.3.4Application Requirements

A. General Requirements

1. A separate lead training course application, provided by the Department, must be submitted for each lead training course which includes all information required on the application form and documentation of each applicable checklist item in paper and electronic format.

2. The application must demonstrate compliance with the requirements of § 11.3.4 of this Part to the satisfaction of the Department. If the Department determines that the application does not meet the requirements of this Section, the applicant will have thirty (30) days from the date of the Department's request to adequately respond to deficiencies in the application.

3. The certification will expire on the last day of the month, four (4) years from the date of issuance or renewal, unless sooner surrendered, suspended, or revoked.

4. The application package, including but not limited to any supporting documentation, must be submitted to the Department, in the form and manner approved by the Department.

B. Initial Application

1. An initial application must be submitted for review and approval by the Department at least ninety (90) days prior to the first Lead Training Course offering.

2. A pre-certification inspection may be required prior to final approval of the initial application.

C. Renewal Application

A complete renewal application must be submitted for review and approval by the Department at least sixty (60) days prior to the expiration of the current course certification.

D. Application Amendments

1. Changes to the training provider's contact information must be submitted in writing within thirty (30) days of the changes.

2. Training provider-initiated changes or additions to training personnel, training facilities, curriculums, or any other course materials or equipment require submission of an amended application, at least thirty (30) days in advance of the proposed change(s), for review and approval by the Department.

a. Each application must include a description of any changes to the training facility or course materials since the previous application was reviewed and approved.

b. Each application must include all items required in the lead training course checklist in electronic format. Paper copies of only those items that changed since the previous application submittal are required for review and approval by the Department.

3. The Department reserves the right to require changes to any lead training course curriculum and/or course test when significant changes in legislation, Regulations, research, policies, etc. warrant revisions. Notification of Department-initiated changes requires an implementation date not to exceed thirty (30) days from the date of the notification.

11.3.5General Requirements for Lead Training Course Curriculums

A. The Lead Worker, Lead Supervisor, Lead Assessor, Lead Renovator and Lead Inspector training courses must all include, as a minimum, instruction on the following topics as applicable to the specific license:

1. Basic background information on lead, including, but not limited to history of lead usage, sources of environmental lead contamination (e.g. paint, dust, water, soil), and other sources of lead exposure (e.g. ceramics, folk remedies, hobbies, occupational exposure);

2. Health effects of exposure to lead including, but not limited to, how lead enters the body, how lead affects the body, symptoms and diagnosis of lead toxicity, blood lead levels of concern, and treatments for lead poisoning;

3. Overview of applicable Department, HRC, DEM, EPA, HUD, and OSHA lead Regulations, including significant definitions;

4. Overview of all environmental lead professional licenses issued by the Department, including the authority and restrictions of each one;

5. Department-regulated facilities, persons, and activities;

6. Department-approved lead testing methods and lead standards;

7. Lead hazard identification, prioritization, and treatment options;

8. Community relations, occupant protection, and worksite containment;

9. Introduction to worker protection including medical monitoring, personal protective equipment, respirator fit tests, and air monitoring;

10. Prohibited work practices, approved work practices, waste storage and disposal requirements;

11. Cleaning procedures, clearance inspections, and lead certificates;

12. Available guidance, policies, and public educational materials; and

13. Other topics as required by EPA/HUD and/or the Department.

B. All initial lead training courses must have a hands-on skills assessment and all lead training courses must have a final course test.

C. Additional topics for specific lead professional licenses are delineated in the Department's Lead Training, Certification, and Licensing Guidance document.

D. Additional details on applications for non-English lead training courses are delineated in the Department's Lead Training, Certification, and Licensing Guidance document.

11.3.6Training Facilities

A. Facility Requirements

1. Training facilities must be conducive to learning, including, but not limited to, the following (when applicable):

a. Adequate seating, lighting, temperature control, and hygiene facilities;

b. Adequate electronic equipment and sound system for power point presentations and videos;

c. Adequate space and equipment for hands-on activities;

d. Availability of utilities and water required for hands-on activities, if applicable; and

e. Meeting all State and local safety and fire codes.

B. Adding or Deleting a Facility

1. A training provider shall notify the Department in writing at least thirty (30) days prior to either:

a. Adding a permanent or temporary training location; or

b. Vacating a previously approved permanent or temporary training location.

2. A training provider shall either add or delete the training facility in the Department's electronic training reporting system.

a. New approved locations must be added in the reporting system within seven (7) days.

b. Vacated training locations must be deleted from the reporting system within thirty (30) days of vacating.

B. The Department reserves the right to inspect any facility and/or equipment prior to final approval of the application.

11.3.7Alternatives to Classroom Training

A. For any lead training course, a training provider may propose using novel training approaches, such as online training, as part of their curriculum for the classroom portion of the training.

1. In addition to complying with all course content requirements established by this Part, an electronic-learning (e-learning) format lead training course must follow the EPA Learning Management System requirements for providing the e-learning component content, as well as the Department's technical guidance for e-learning.

2. Live, interactive virtual conferencing training sessions must have an in person hands-on component in accordance with the EPA Learning Management System requirements for e-learning. The hands-on training activities, skills assessment, and course test must be completed in person.

3. The application submittal must include a copy of the e-learning component in the form of a CD and/or a link to the webpage with login and password.

4. A direct instructor-student contact of at least one (1) training hour must be provided for questions and review.

5. The hands-on training activities, skills assessment, and course test must be completed in person.

11.3.8Course Notification Requirements

A. A training provider shall notify the Department, in a manner approved by the Department, of all in-person and virtual conferencing lead training courses as soon as a course has been scheduled and not less than seven (7) days prior to the scheduled start date. The notification must include the information specified in § 11.3.11(B) of this Part for each course.

B. If it becomes necessary to cancel or reschedule a course for which a notification has been submitted to the Department pursuant to this Section, the training provider shall notify the Department not less than forty-eight (48) hours prior to the scheduled start date.

C. A training provider shall notify the Department of all completed in-person lead training courses within seven (7) days of completion. The notification must include the information specified in § 11.3.11 of this Part for each student who registered for or attended the course.

1. For pre-recorded online courses, pre-training notification is not required.

2. For pre-recorded online courses, post-training notification is required. A training provider may submit post-training notifications to the Department on a monthly basis, by the seventh (7^th) day of the following month, which includes the information specified in § 11.3.11 of this Part for each student who completed the course in the previous month.

11.3.9Hands-on Skills Assessment

A. The principal instructor shall administer a hands-on skills assessment, if applicable, at the completion of each course.

B. Instructors shall allow each student to practice the required hands-on activity steps. The instructor shall watch each student, make corrections and suggestions as the steps proceed, and determine if additional practice is necessary.

C. The principal instructor shall evaluate the work of each student and once the student can complete a skill set correctly, the principal instructor shall indicate by name that the student is proficient for that skill set on a participant progress log.

D. The principal instructor shall document in writing each skill set for which a student has demonstrated proficiency. Once the student has demonstrated proficiency for all required hands-on activities, the principal instructor shall sign a verification that the student successfully completed the hands-on portion of the Lead Training Course.

E. Each student must successfully complete the hands-on skills assessment, if applicable, in order to receive a course completion certificate.

11.3.10Final Course Test

A. The principal instructor shall administer a written course test at the completion of each course.

B. A maximum of one (1) training hour is allowed for the course test.

C. The principal instructor shall document the student's responses and the circumstances under which an oral course test is given to Lead Renovators or Lead Workers instead of a written test. The oral test must be reviewed and approved by the Department in advance.

D. Each student must receive a passing score of at least seventy percent (70%) on the course test in order to receive a course completion certificate.

11.3.11Training Reporting System

A. All providers of Department-certified lead training courses shall report the training information, including but not limited to, training course, student information, and training certificate information, in a manner that is authorized by the Department.

1. Training Certificate

a. A training provider shall issue a unique course completion certificate to everyone who completes a Lead Training Course and passes the hands-on skills assessment and course test.

b. The course completion certificate must include, as a minimum:

(1) A unique identification number;

(2) Full name and address of the student;

(3) Lead training course and Department certification (LTC#);

(4) Date(s) of the course and date that the individual passed the course test, if other than the last day of the course;

(5) Expiration date of the certificate;

(6) Name, address, and telephone number of the training provider; and

(7) Language in which the training course was given. If the course test was in a language other than written English, the language and method of evaluation must also be included.

(8) For Lead Renovator Training Courses, the completion certificates must contain a photograph of the student pursuant to 40 C.F.R. Part 745.

c. The course completion certificate must be provided to each student within seven (7) days of the course end date or the date that the student passed the course test, if other than the last day of the course.

11.3.12Recordkeeping

A. A training provider shall maintain, and make available to the Department upon request, a complete copy of the lead training course application submission(s) for each lead training course certification.

B. A training provider shall maintain, and make available to the Department, upon request, the following records for each lead training course offering:

1. Lead training course and Department certification (LTC#);

2. Date(s) and location(s) of course;

3. Principal instructor and guest instructors, if any;

4. Class roster (including daily class attendance records bearing the signature of the principal instructor);

5. Verification of student identity in the form of a current State driver's license, valid State photo ID card, or passport;

6. Actual course tests, answer keys, and dates each test was given;

7. Results of hands-on skills assessments and course tests;

8. Information regarding how the hands-on assessment was conducted including, but not limited to:

a. The instructor who conducted the assessment;

b. Evaluation criteria; and

c. Facilities, equipment, and supplies utilized.

9. Lead training course evaluations.

C. A training provider shall maintain these records for at least five (5) years from each course end date or the date a student passed the course test, if other than the last day of the course.

216 R.I. Code R. 216-RICR-50-15-11.3

Adopted effective 1/2/2022