Kan. Admin. Regs. § 28-50-6 - Asbestos worker training course approval
(a) Any person,
business entity, state agency, political or taxing subdivision of the state, or
other entity may develop and present a class I or class II asbestos worker
certification training course that is intended to comply with the requirements
of K.A.R. 28-50-5(b)(1). The training course shall be approved by the
department before its official presentation for the purpose of complying with
the regulatory requirements. Training courses shall be approved in writing, and
the approval shall remain in effect until withdrawn in accordance with the
provisions of subsection (f) of this regulation.
(b) Application for approval of a training
course, as provided for in subsection (a) of this regulation, shall be made on
forms provided by the department. The application shall include the following
information:
(1) A listing of the persons who
will present the training course, and their experience, education, and other
qualifications;
(2) a description
of the course, including the title and length of each lecture to be presented,
the general nature of the information to be included in the lecture, the
training aids and handouts intended to be used in its presentation, and the
written examination to be given;
(3) the maximum number of students to be
enrolled in each course presentation;
(4) the dates or time period over which
individual courses are intended to be presented;
(5) the proposed charge for each course; and
(6) other information that the
department considers necessary to evaluate the probable effectiveness and
acceptability of the training course, including copies of the course manual and
other handouts that are to be provided to the students and a copy of the
written examination that is intended to be given.
Approval of a course may be denied by the department if the applicant fails to provide information required by this subsection within 60 days of receipt of written notice that an application is deficient.
(c) The
applicant shall immediately inform the department, in writing, whenever there
is any change in the information provided under subsection (b) of this
regulation.
(d) Provisions shall
be made to allow a representative of the department to attend one or more
presentations of any course for which approval is required, at no cost to the
department, and this course shall be given at a location within the state or at
a border city as defined in K.A.R. 1-16-18. This attendance shall be for the
purpose of determining compliance with this regulation and the correctness of
the information being presented and shall be completed before a course is
approved and any time thereafter that the department deems necessary. The
applicant shall give the department at least 30-day notice before presenting
the course, to allow time for scheduling departmental attendance. Approval of
any course may be denied, withdrawn, or suspended by the department on the
basis of findings resulting from this attendance.
(e) Training courses approved in accordance
with these regulations shall meet the following criteria:
(1) Lectures shall be presented by persons
who have education and experience that are appropriate for the subject matter
presented.
(2) Training courses
for class I asbestos workers may include respirator fit-testing of each student
and shall provide a total of at least four training days of instruction
consisting of the following:
(A) A discussion
concerning the identification of asbestos, including its physical
characteristics and a summary of its uses and the abatement procedures used for
its control;
(B) a general
discussion concerning the health hazards associated with exposure to asbestos,
including special problems associated with smoking and a general description of
common diagnostic procedures used to detect asbestos-related disease;
(C) a general description of
state-of-the-art work practices used to reduce asbestos exposures to workers
and the public during asbestos-removal and asbestos-encapsulation operations
and emergency clean-up operations and maintenance operations, including use of
wet removal methods, control of spraying operations, use of ventilation
equipment, use of barriers and decontamination enclosures, use of glove bags,
use of HEPA filtered vacuum-cleaning devices, and proper clean-up and waste
disposal procedures;
(D) a general
description of the use of personal protective clothing and the need for good
personal hygiene practices, including a discussion of proper procedures for
entering and exiting asbestos work areas and the need to abstain from eating,
drinking, or smoking in these areas;
(E) a detailed description of the level of
protection afforded by different types of respirators, the procedures for
proper use and care of respirators, including donning, seal testing, cleaning,
and storage, and the components of a proper respirator protection program;
(F) a general description of other
hazards commonly encountered in asbestos control work, including electrical
shock, falls, cuts, fires, heat exhaustion or heat stroke, confined spaces, air
contaminants other than asbestos, and measures that need to be taken to avoid
and respond to them;
(G) a general
description of state and federal regulations intended to provide protection to
asbestos workers, including information on federal requirements pertaining to
medical examinations and air monitoring and how people responsible for their
enforcement may be contacted;
(H)
no fewer than 14 hours of hands-on training in the proper use of work
procedures identified in paragraph (e)(2) (C); and
(I) a separate final review session to
discuss key information that is presented during the remainder of the course.
(3) Training courses
for class II asbestos workers may include respirator fit-testing of each
student and shall provide a total of at least five training days of
instruction. The instruction shall include discussion of the following topics,
in addition to the instruction required by paragraph (e)(2) of this regulation:
(A) A detailed discussion of asbestos-related
notification and record-keeping requirements included in state and federal
regulations and records recommended to be kept for legal and insurance
purposes;
(B) a detailed
discussion of Kansas and federal requirements concerning work procedures to be
followed in asbestos-removal and asbestos-encapsulation projects, including the
following requirements:
(i) Requirements of
Title II of the federal toxics substance control act;
(ii) requirements of Kansas and federal air
pollution control regulations that pertain to asbestos removal associated with
the renovation and demolition of structures;
(iii) requirements of OSHA pertaining to
respiratory protection practices and programs that are applicable to
asbestos-control activities;
(iv)
requirements of the OSHA construction and general industry standard pertaining
to asbestos;
(v) requirements of
the OSHA construction industry standards applicable to safe work practices at
temporary work sites, including requirements concerning fire safety and hazard
communication; the use of scaffolds, ladders, and electrical equipment; and
working in confined spaces;
(vi)
requirements of the EPA worker protection rule that applies to public employees
who engage in asbestos-control activities; and
(C) a general discussion of the principles
and procedures involved in assessing the hazards associated with exposures to
asbestos-containing building materials before undertaking abatement actions;
(D) a general discussion of the
principles and procedures involved in collecting, analyzing, and interpreting
the results of clearance-type airborne asbestos samples collected under federal
EPA regulatory requirements after response actions have been completed in
schools;
(E) a general discussion
of insurance and liability issues that are encountered in relation to
asbestos-control activities, including the type of coverage and exclusions
associated with worker's compensation and other types of insurance and third
party liabilities and defenses;
(F) a general discussion about the purpose,
development, and use of contract specifications in asbestos-control work; and
(G) a general discussion about
supervisory practices that are effective in the establishment and maintenance
of proper and safe work practices at asbestos-control work sites.
(4) Training courses intended to
provide annual review training required by state statute for class I and class
II asbestos workers shall consist of at least one full training day and shall
provide information on one or more topics listed in paragraphs (2) and (3) of
this subsection, including a general presentation concerning new state and
federal asbestos control-related regulatory requirements that are in effect or
pending at the time that the training is presented and any other subject matter
that may be prescribed by the department before the presentation of the
training. The annual review training courses for class I and class II asbestos
workers shall be conducted as separate and distinct courses and shall not be
combined with any other training throughout the course.
(5) Training courses for initial
certification of class I and class II asbestos workers shall include the
administering and grading of a written, closed book examination for all persons
who attend the course. The examinations shall adequately cover the subject
matter prescribed by paragraphs (2) and (3) of this subsection and shall
consist of 50 multiple-choice questions for class I worker training courses and
100 multiple-choice questions for class II worker training courses. Only
persons who correctly answer 70 percent or more of the questions included in
the examination shall be considered to have successfully completed the training
course for the purpose of certification under the provisions of K.A.R.
28-50-5(b)(1).
(f)
Approval of any training course that fails to comply with the requirements of
this regulation or is otherwise deemed unacceptable may be withdrawn by the
department. The person responsible for presentation of the training course
shall be notified by the department of the basis for the proposed withdrawal in
writing, and a 30-day time period shall be allowed for the identified
deficiencies to be corrected before a final written notice is issued to
indicate that the approval is withdrawn.
(g) Each person who has attended any asbestos
control-related training course that is required for asbestos worker
certification or accreditation in any other state where the person is certified
or accredited or any other asbestos training course that has been approved by
the federal EPA may be considered to have met the requirements of K.A.R.
28-50-5(b)(1) for initial certification or certification renewal if the
department determines that the training course essentially complies with the
requirements of subsection (e) of this regulation. Each person requesting that
the determination be made shall submit the following information to the
department:
(1) The date or dates that the
course was attended and the location;
(2) the name and address of the business,
organization, institution, or agency that presented the course;
(3) a schedule or outline of the course that
indicates the subject matter that was presented and the amount of time devoted
to each subject; and
(4) a
written, personal certification that the person attended all course
presentations in their entirety on the dates specified.
(h) Each person who applies for initial
certification or certification renewal under the provisions of subsection (g)
of this regulation may be required to complete additional training on topics
included in subsection (e) before issuance or renewal of a certificate if the
department determines that the credited course did not substantially comply
with the requirements of subsection (e) of this regulation.
Notes
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