902 KAR 47:030. Accreditation of training programs and providers of educational programs for individuals who perform lead-hazard detection and abatement

Link to law: http://www.lrc.ky.gov/kar/902/048/030.htm
Published: 2015

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      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.)