902 KAR 48:030. Accreditation of
training programs and providers of educational programs for individuals who
perform lead-hazard detection and abatement.
RELATES TO: KRS 211.180, 211.900-211.905,
211.990, 211.994, 217.801
STATUTORY AUTHORITY: KRS 211.090(3),
211.9061-211.9075
NECESSITY, FUNCTION, AND CONFORMITY: KRS
211.9065(3) requires the Department for Public Health to promulgate
administrative regulations relating to the accreditation of training programs
and providers of educational programs for individuals who perform lead-hazard
detection or lead-hazard abatement activities in target housing or
child-occupied facilities. KRS 211.9067 requires the department to promulgate
administrative regulations to establish a schedule of fees for certification
and accreditation programs. KRS 211.9065(4) requires the department to
promulgate administrative regulations to provide for enforcement of the programs.
This administrative regulation establishes requirements for accreditation,
curriculum content, training experience, competency and proficiency
qualifications, and establishes fees for functions performed by the department.
Section 1. Initial Application
Requirements for Training Programs. A training provider shall submit the
following:
(1) An application review fee of $200 in
the form of a check or money order payable to the Kentucky State Treasurer,
unless exempted by federal or state law or regulation;
(2) Management and administrative
information as follows:
(a) Training provider name;
(b) Address; and
(c) Telephone number;
(3) The name of training manager;
(4) A list of training courses proposed
for accreditation;
(5) Documentation of the training manager
qualifications as identified in Section 6 of this administrative regulation;
(6) Documentation of principal
instructor’s qualifications as identified in Section 6 of this administrative
regulation;
(7) Copies of student and instructor
manuals for each course;
(8) Course outlines;
(9) Copies of course agendas;
(10) The description of the activities
and procedures that will be used for conducting the hands-on skills assessment
for each course;
(11) Copies of hands-on skills assessment
forms;
(12) Copies of course test blueprints;
(13) Copies of course tests;
(14) A copy of the quality control plan;
and
(15) The location and description of the
facilities and equipment to be used for providing lecture and hands-on
training.
Section 2. Review of Accreditation
Documentation. (1) The department shall, within thirty (30) calendar days after
the receipt of an application for accreditation:
(a) Approve or disapprove the application
for accreditation; and
(b) Notify the applicant of its action.
(2) During the thirty (30) day period
established by subsection (1) of this section, the department may request
clarification or additional information from the applicant.
(3) If the department approves an
application for a training program, it shall:
(a) Notify the applicant of its approval
in writing; and
(b) Indicate the appropriate course fees
that are to be paid to the department.
(4) On receipt of the required fee of
$200 for each initial and refresher course the department shall issue a
certificate of accreditation to the training provider.
(5) If the department denies an
application it shall:
(a) Notify the applicant of its denial in
writing; and
(b) List the necessary additions or
corrections to the application.
(6) The training provider shall have six
(6) months to:
(a) Make the corrections specified in the
notice of denial; and
(b) Reapply for accreditation.
(7) The provider shall be required to pay
another application review fee of $200 to the department before the
accreditation review process will be undertaken, if the training provider does
not:
(a) Correct the deficiencies; and
(b) Resubmit the application within the
six (6) months of the initial application date.
Section 3. Amending Training Program
Accreditation. (1) The accreditation of a training program shall be for two (2)
years.
(2) After the training provider has
applied for and received program accreditation, the provider may add a course
discipline by:
(a) Amending the original accredited
training program application in writing; and
(b) Paying the application and course
fee.
(3) A course added to the training program
during the two (2) year accreditation period shall be included with, and
applied for under, the application for reaccreditation of the training program.
Section 4. Training Provider Facilities
and General Course Requirements. (1) A training provider shall provide:
(a) Adequate facilities for the delivery
of the:
1. Lecture;
2. Course test;
3. Hands-on training; and
4. Assessment activities;
(b) One (1) instructor per ten (10)
students when conducting hands-on skills activities and assessments;
(c) Adequate hands-on skills training
equipment consistent with current technology;
(d) Adequate audiovisual equipment to
provide effective instruction and lecture to students; and
(e) Appropriate lighting and space for
effective student learning.
(2) A training provider shall:
(a) Give a course test at the completion
of each course;
(b) Confirm the identity of each student
by examining a photographic identification; and
(c) If applicable, conduct a hands-on
skill assessment.
(3) A training provider shall not issue a
course completion certificate unless the student has:
(a) Successfully completed the hands-on
skills assessment;
(b) Received a score of seventy (70)
percent on the course test; and
(c) Has attended a least ninety (90)
percent of each training day for the length of the course.
(4) If necessary, the training provider
may allow the student up to two (2) weeks following the course to:
(a) Retake and pass the course
examination; and
(b) Complete the hands-on skills
assessment requirements.
(5) A course completion certificate shall
include the following information:
(a) The name of the student;
(b) The name of the course;
(c) The inclusive dates of the training;
(d) The name and address of the training
program;
(e) The signature of the principal
instructor;
(f) The signature of the training
manager;
(g) The language in which the course was
taught, if other than English; and
(h) A unique identification number for
each student.
Section 5. Training Manager and Principle
Instructor Qualifications. (1) The training manager shall have:
(a) Two (2) or more years of experience,
education, or training in teaching adults; and
(b) A bachelor or graduate degree in:
1. Building construction technology;
2. Engineering;
3. Industrial hygiene;
4. Safety;
5. Public health;
6. Education;
7. Business administration; or
8. Program management; or
(c) Two (2) or more years experience
managing an occupational health and safety training program specializing in
environmental hazards; and
(d) Experience in the construction
industry, in one (1) of the following areas:
1. Lead or asbestos abatement;
2. Painting;
3. Carpentry;
4. Renovation;
5. Remodeling;
6. Occupational safety and health;
7. Industrial hygiene; or
8. A related field.
(2) The principal instructor shall have:
(a) Two (2) years experience in adult
education and training;
(b) Completed an EPA-model or department
approved initial course that the principal instructor will teach, except the
worker course; and
(c) Experience, education, or training
in:
1. Lead or asbestos abatement;
2. Painting;
3. Carpentry;
4. Renovating;
5. Remodeling;
6. Occupational safety and health; or
7. Industrial hygiene.
Section 6. Training Manager's Duties. The
training manager shall:
(1) Designate a qualified principal
instructor to:
(a) Organize the course; and
(b) Oversee the teaching of course
materials;
(2) Designate guest instructors as needed
to provide:
(a) Instruction specific to the lecture;
(b) Hands-on activities; and
(c) Work practice procedures and
standards of a course; and
(3) Maintain the validity and integrity
of the hands-on skills assessment to ensure that the activities:
(a) Accurately evaluate the trainees'
performance of the work practices and procedures associated with the course
topics; and
(b) Reflect current technologies,
standards and needs of the students;
(4) Maintain the validity and integrity
of the course test to ensure that it accurately evaluates the trainees'
knowledge and retention of the course topics;
(5) Ensure that the course test was
developed in accordance with the course test blueprint submitted with the
training accreditation application; and
(6) Develop the quality assurance control
plan, that:
(a) Is to be used to maintain and improve
the quality of the training program over time; and
(b) Contains, at least, the procedures
for the:
1. Periodic revision of training
materials and the course test to reflect innovations in the field; and
2. Training manager's annual review of
principal instructor competency; and
(7) Ensure that the training program
complies with the requirements of this administrative regulation.
Section 7. Knowledge of Work Practice
Standards. (1) The training provider shall offer courses that teach:
(a) The work practice standards
established in this administrative regulation, for conducting lead-hazard activities;
and
(b) Other related standards developed by:
1. The EPA; and
2. Other federal and state agencies.
(2) Work practice standards shall be
taught in the appropriate courses to provide trainees with knowledge needed to
perform safe, effective lead-hazard assessment or abatement activities in
target housing and child-occupied facilities.
Section 8. Requirements for Initial
Courses. (1) The lead-hazard inspector course shall:
(a) Consist of at least twenty-four (24)
training hours;
(b) Include at least eight (8) hours of
hands-on training activities; and
(c) Include the following minimum
curriculum requirements for inspector course topics:
1. Role and responsibilities of an
inspector;
2. Background information on lead and its
adverse health effects;
3. Background information on federal,
state and local regulations that pertain to lead hazards and lead-hazard
assessment and abatement activities;
4. Lead-hazard inspection methods,
including selection of rooms and components for sampling or testing, with
hands-on activities;
5. Paint, dust, water and soil sampling
methodologies, with hands-on activities;
6. Clearance standards and testing,
including random sampling, with hands-on activities;
7. Preparation of an inspection report,
with hands-on activities; and
8. Recordkeeping.
(2) The lead-hazard risk assessor course
shall:
(a) Consist of at least sixteen (16)
training hours;
(b) Include at least four (4) hours of
hands-on training activities; and
(c) Include the following minimum
curriculum requirements for the risk assessor course topics:
1. Role and responsibilities of the risk
assessor;
2. Collection of background information
to perform a risk assessment;
3. Sources of environmental lead
contamination found in paint, surface dust, soil, water and air, packaging and
food;
4. Visual inspection for the purpose of
identifying potential sources of lead hazards, with hands-on activities;
5. Lead-hazard screening protocol;
6. Sampling for other sources of lead
exposure, with hands-on activities;
7. Interpretation of lead-sampling
results, including applicable federal or state regulations pertaining to lead
hazards, with hand-on activities;
8. Development of hazard control options,
the role of interim controls, and operation and maintenance activities to
reduce lead hazards; and
9. Preparation of a risk-assessment
report.
(3) The lead-hazard supervisor course
shall:
(a) Consist of at least thirty-two (32)
training hours;
(b) Include at least eight (8) hours of
hands-on activities; and
(c) Include the following minimum
curriculum requirements for the supervisor course topics:
1. Role and responsibilities of a
supervisor;
2. Background information on lead and its
adverse health effects;
3. Background information on federal,
state, and local regulations that pertain to lead hazards and lead-hazard
assessment and abatement activities;
4. Liability and insurance issues
relating to lead-hazard abatement;
5. Risk assessment and inspection report
interpretation, with hands-on activities;
6. Development and implementation of an
abatement and occupant protection plan;
7. Lead-hazard recognition and control,
with hands-on activities;
8. Lead-hazard abatement and lead-hazard
reduction methods, including restricted practices, with hands-on activities;
9. Interior dust abatement, cleanup, or
lead-hazard control and reduction methods, with hand-on activities;
10. Soil and exterior lead dust abatement
or lead-hazard control and reduction methods, with hands-on activities;
11. Clearance standards and testing;
12. Cleanup and waste disposal; and
13. Recordkeeping.
(4) The lead-hazard project designer
course shall:
(a) Consist of at least eight (8) training
hours; and
(b) Include the following minimum
requirements for the project designer course:
1. Role and responsibilities of a project
designer;
2. Development and implementation of an
occupant protection plan for large-scale abatement projects;
3. Lead-hazard abatement and lead-hazard
reduction methods, including restricted practices for large-scale abatement
projects;
4. Interior dust abatement, cleanup, or
lead-hazard control and reduction methods for abatement projects;
5. Clearance standards and testing for
large-scale abatement projects; and
6. Integration of lead-hazard abatement
methods with modernization and rehabilitation projects for large-scale
abatement projects.
(5) The lead-hazard abatement worker
course shall:
(a) Consist of at least sixteen (16)
training hours;
(b) Include at least eight (8) hours of
hands-on training activities; and
(c) Include the following minimum
requirements for the worker course:
1. Role and responsibilities of an
abatement worker;
2. Background information on lead and its
adverse health effects;
3. Background information on federal,
state, and local regulations and guidance to lead-hazard abatement;
4. Lead-hazard recognition and control,
with hands-on activities;
5. Lead-hazard abatement and lead-hazard
reduction methods, including restricted practices, with hands-on activities;
6. Interior dust abatement methods,
cleanup, or lead-hazard reduction, with hands-on activities; and
7. Soil and exterior dust abatement
methods of lead-hazard reduction, with hands-on activities.
(6) Lead-hazard dust sampling technician
course shall:
(a) Consist of eight (8) training hours;
(b) Include at least two (2) hours
hands-on training; and
(c) Include the following minimum
curriculum for lead technician course:
1. Role and responsibilities of a lead
technician;
2. Background information on lead and its
adverse health effects;
3. Background information on federal,
state and local law pertaining to lead-hazard evaluation and sampling activities;
4. Lead-hazard dust sampling
methodologies, with hands-on activities;
5. Lead-hazards clearance techniques;
6. Preparation of a clearance report with
hand-on activities; and
7. Recordkeeping.
Section 9. Requirements for Refresher
Courses. (1) To obtain accreditation to offer a refresher-training course, the
provider shall meet the following minimum requirements:
(a) The training provider shall have been
accredited by the department to teach the related initial course; and
(b) The refresher course shall teach the
same topics as the initial course and shall include:
1. An overview of current safety
practices relating to lead-hazard activities in general, including specific
information pertaining to the appropriate discipline;
2. Current law relating to lead-hazard
abatement, inspection, assessment activities in general, including specific
information pertaining to the applicable discipline; and
3. Current technologies relating to
lead-hazard activities in general, including specific information pertaining to
the applicable discipline.
(2) The training hour requirements for a
refresher course shall be:
(a) Eight (8) hours if the initial course
was more than eight (8) hours; or
(b) Four (4) hours if the initial course
was eight (8) hours or less.
(3) For each training course offered, the
training provider shall:
(a) Provide relevant hands-on skills
assessments; and
(b) Give a test at the completion of the
course.
Section 10. Renewal of Accreditation of
Training Program. (1) Accreditation for a training program shall be for a two
(2) year period following issuance.
(2) At least thirty (30) days prior to
the expiration date of accreditation a training provider shall:
(a) Apply for renewal of accreditation;
and
(b) Submit the following fees:
1. Reapplication review fee of $100; and
2. Course fee of $150 per course.
(3) A training provider shall also submit
the following information:
(a) The training provider's name,
address, and telephone number;
(b) A list of courses for which the
training provider is applying for renewal of accreditation; and
(c) Updated material and other
information identified in Section 2 of this administrative regulation.
(4) The application shall be reviewed and
approved or denied pursuant to provisions identified in Section 3 of this administrative
regulation.
(5) If a training provider fails to apply
for renewal of accreditation in accordance with this section, the training
provider shall apply for initial accreditation, as established in Section 2 of
this administrative regulation.
Section 11. Recordkeeping Requirements.
(1) An accredited training provider shall maintain, update, and make available
to the department upon request the following records:
(a) Current curriculum, course materials,
and documents reflecting changes made to these materials; and
(b) Information regarding how the
hands-on assessment is conducted, including:
1. Who conducts the assessment;
2. How the skills are graded;
3. What facilities are used; and
4. The pass or fail rate;
(c) The quality control plan; and
(d) Results of:
1. Student hands-on skills assessments
and course tests; and
2. A copy of each student’s course
completion certificate.
(2) The training provider shall retain
the documentation for a minimum of three (3) years and six (6) months.
Section 12. Notification Requirements.
(1) The training provider shall notify the department in writing within
fourteen (14) calendar days of a change in the following information:
(a) Management;
(b) Organizational;
(c) Address; and
(d) The transfer of records to the new
training provider's address.
(2) The training provider shall provide
written notification to the department at least fourteen (14) calendar days
prior to the course start date, indicating the following information:
(a) Training provider name;
(b) Telephone number;
(c) Course name;
(d) Course location;
(e) Course date(s);
(f) Name of the principal instructor;
(g) Qualifications for principal
instructor if not currently approved under the program accreditation by the
department;
(h) Updated course materials including
changes in the course agenda; and
(i) Indication if guest instructors are
to be used.
(3) The training provider shall provide
written notification of course correction or cancellation at a minimum of two
(2) days prior to the course start date.
(4) Within fourteen (14) calendar days
after the completion of a course, the provider shall provide to the department
a student attendance listing containing the following information:
(a) The name of the initial, or refresher
course;
(b) Student information as follows:
1. Name;
2. Address;
3. Company affiliation if any; and
4. Test scores.
(5) A course shall not be approved if the
provider fails to provide notice required by this section.
(6) The department may revoke a training
program's accreditation, as authorized by KRS 211.9095(4), if a deficiency in
compliance with this section is of such severity as to warrant revocation.
(7) The department may allow the training
provider a variance in the notification period as identified in subsection (2)
of this section if the provider:
(a) Submits a variance request in
writing; and
(b) Indicates the reasons for a reduced
notification time.
Section 13. Course and Training Provider
Audits. (1) The training provider shall permit access to representatives of the
department in order to conduct on-site:
(a) Audits at the provider location; and
(b) Monitoring of the training courses.
(2) The department shall, if needed, use
other methods to verify the documentation and continued requirements for
accreditation.
Section 14. Notice to Suspend, Revoke,
Deny Accreditation. (1) The department shall suspend or revoke the
accreditation of a training program if the department determines that the
training provider has failed to comply with the requirements established by
this administrative regulation.
(2) If the department suspends, revokes
or denies the accreditation of the training program, it shall notify the
affected entity in writing of the following:
(a) The legal and factual basis for the
suspension, revocation, or denial;
(b) The commencement date and duration of
the suspension, or revocation;
(c) The opportunity and method for
requesting a hearing prior to final department action.
Section 15. Administrative Hearings. Administrative
hearings shall be conducted in accordance with 902 KAR 1:400. (28 Ky.R. 1284;
1871; eff. 2-7-2002.)
