General Provisions.
(A) Certification.
1. An individual must receive certification
from the department before that individual participates in an asbestos project,
inspection, AHERA management plan, abatement project design, or asbestos air
sampling in the state of Missouri. This certification must be renewed annually
with the exception of air sampling professionals. To become certified an
individual must meet the qualifications in the specialty area as defined in the
EPA's AHERA Model Accreditation Plan, 40 CFR part
763, Appendix C, subpart E
promulgated as of July 1, 2018 and hereby incorporated by reference as
published by the Office of the Federal Register. Copies can be obtained from
the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington DC
20401. This rule does not incorporate any subsequent amendments or additions.
The individual must successfully complete a fully-approved U.S. Environmental
Protection Agency (EPA) or Missouri-accredited AHERA training course and pass
the training course exam and pass the Missouri asbestos examination with a
minimum score of seventy percent (70%) and submit a completed
department-supplied application form to the department along with the
appropriate certification fees. The department shall issue a certificate to
each individual that meets the requirements for the job category.
2. In order to receive Missouri
certification, individuals must be trained by Missouri accredited
providers.
3. Qualifications. An
individual shall present proof of these to the department with the application
for certification. The following are the minimum qualifications for each job
category:
A. An asbestos air sampling
professional conducts, oversees, or is responsible for air monitoring of
asbestos projects. Air sampling professionals must satisfy one (1) of the
following qualifications for certification:
(I) Bachelor of science degree in industrial
hygiene plus one (1) year of field experience. The individual must provide a
copy of his/her diploma, a certified copy of his/her transcript, and
documentation of one (1) year of experience;
(II) Master of science degree in industrial
hygiene. The individual must provide a copy of his/her diploma and a certified
copy of his/her transcript;
(III)
Certification as an industrial hygienist as designated by the American Board of
Industrial Hygiene. The individual must provide a copy of his/her certificate
and a certified copy of his/her transcript, if applicable;
(IV) Three (3) years of practical industrial
hygiene field experience including significant asbestos air monitoring and
completion of a forty (40)-hour asbestos course including air monitoring
instruction. At least fifty percent (50%) of the three (3)-year period must
have been on projects where a degreed or certified industrial hygienist or a
Missouri certified asbestos air sampling professional was involved. The
individual must provide to the department written reference by the industrial
hygienist or the asbestos air sampling professional stating the individual's
performance of monitoring was acceptable and that the individual is capable of
fulfilling the responsibilities associated with certification as an asbestos
air sampling professional. The individual must also provide documentation of
his/her experience and a copy of his/her asbestos course certificate;
or
(V) Other qualifications
including, but not limited to, an American Board of Industrial Hygiene accepted
degree or a health/safety related degree combined with related experience. The
individual must provide a copy of his/her diploma and/or certification, a
certified copy of his/her transcript, and letters necessary to verify
experience;
B. An
asbestos air sampling technician is an individual who has been trained by an
air sampling professional to do air monitoring and who conducts air monitoring
of asbestos projects. Air sampling technicians need not be certified but are
required to pass a training course and have proof of passage of the course at
the site along with photo identification. This course shall includes:
(I) Air monitoring equipment and
supplies;
(II) Experience with pump
calibration and location;
(III)
Record keeping of air monitoring data for asbestos projects;
(IV) Applicable asbestos
regulations;
(V) Visual inspection
for final clearance sampling; and
(VI) A minimum of sixteen (16) hours of air
monitoring field equipment training by a certified air sampling
professional;
C. An
asbestos inspector is an individual who collects and assimilates information
used to determine the presence and condition of asbestos-containing material in
a building or other air contaminant source. An asbestos inspector must hold a
diploma from a fully-approved EPA or Missouri-accredited AHERA inspector course
and a high school diploma or its equivalent;
D. An AHERA asbestos management planner is an
individual who, under AHERA, reviews the results of inspections, reinspections,
or assessments and writes recommendations for appropriate response actions. An
AHERA asbestos management planner must hold diplomas from a fully-approved E PA
or Missouri-accredited AHERA inspector course and a fully approved EPA or
Missouri-accredited management planner course. The individual must also hold a
high school diploma or its equivalent;
E. An abatement project designer is an
individual who designs or plans asbestos abatement. An abatement project
designer must-
(I) Hold a diploma from a
fully-approved EPA or Missouri-accredited project designer course;
(II) Have an engineering or industrial
hygiene degree;
(III) Have working
knowledge of heating, ventilation, and air conditioning systems;
(IV) Hold a high school diploma or its
equivalent; and
(V) Have at least
four (4) years experience in building design, heating, ventilation, and air
conditioning systems. The department may require individuals with professional
degrees for complex asbestos projects;
F. An asbestos supervisor is an individual
who directs, controls, or supervises others in asbestos projects. An asbestos
supervisor shall-
(I) Hold a diploma from a
fully-approved EPA or Missouri-accredited AHERA abatement contractor/supervisor
course; and
(II) Have one (1) year
full-time prior experience in asbestos abatement work or in general
construction work; and
G.
An asbestos abatement worker is an individual who engages in asbestos projects.
An asbestos abatement worker shall-
(I) Hold a
diploma from a fully-approved EPA; or
(II) Missouri-accredited AHERA worker
training course.
4. Certification may be denied for any one
(1) or more of the following:
A. Failure to
meet minimum training, education, or experience requirements;
B. Providing false or misleading statements
in the application;
C. Failure to
submit a complete application;
D.
Three (3) or more citations or violations of existing asbestos regulations
within the last two (2) years;
E.
Three (3) or more violations of
29 CFR
1910.1001 or 29 CFR
1926.1101 within the last
two (2) years.
29 CFR
1910.1001 and 29 CFR
1926.1101 promulgated as
of July 1, 2018 are hereby incorporated by reference as published by the Office
of the Federal Register. Copies can be obtained from the U.S. Publishing Office
Bookstore, 710 N. Capitol Street N W, Washington, DC 20401. This rule does not
incorporate any subsequent amendments or additions;
F. Fraud or failure to disclose facts
relevant to their application;
G.
Permitting the duplication or use by another of the individual's certificate;
and
H. Any other information which
may affect the applicant's ability to appropriately perform asbestos
work.
(C)
Certification/Recertification Fees. The department shall assess-
1. A seventy-five dollar ($75) application
fee for each individual applying for certification except for asbestos
abatement workers. Effective January 1, 2017, the application fee is one
hundred dollars ($100);
2. A
twenty-five dollar ($25) application fee for each asbestos abatement worker.
Effective January 1, 2017, the application fee is forty dollars
($40);
3. No application fees for
asbestos air sampling technicians;
4. A twenty-five dollar ($25) fee for each
Missouri asbestos examination;
5. A
five dollar ($5) renewal fee for each renewal certificate for asbestos
abatement workers. Effective January 1, 2017, the renewal fee is twenty dollars
($20); and
6. A five dollar ($5)
renewal fee for each renewal certificate for non-asbestos abatement workers.
Effective January 1, 2017, the renewal fee is fifty dollars ($50).
(D) Accreditation of Training
Programs. To be a training provider for the purposes of this rule, a person
shall apply for accreditation to the department and comply with EPA's AHERA
Model Accreditation Plan 40 CFR part
763, Appendix C, subpart E as incorporated
by reference in paragraph (3)(B)1. of this rule. Business entities that are
determined by the department to fall under subsection (3)(E) of this rule are
exempt from this section.
1. Training
providers shall apply for approval of a training course(s) as provided in
section
643.228,
RSMo, on the department-supplied Asbestos Training Course Accreditation form.
A. In addition to the written application,
the training provider is to present each initial course for the department to
audit. The department may deny accreditation of a course if the applicant fails
to provide information required within sixty (60) days of receipt of written
notice that the application is deficient. All training providers must apply for
reaccreditation biennially.
B.
Training providers must submit documentation that their courses meet the
criteria set forth in this rule. Out-of-state providers must submit
documentation of biennial audit by an accrediting agency with a written
verification that Missouri rules are addressed in the audited course.
C. Providers must pay an accreditation fee of
one thousand dollars ($1,000) per course category prior to issuance or renewal
of an accreditation. No person is to pay more than three thousand dollars
($3,000) for all course categories for which accreditation is requested at the
same time.
2. At least
two (2) weeks prior to the course starting date, training providers shall
notify the department of their intent to offer initial training and refresher
courses. The notification shall include the course title, starting date, the
location at which the course will take place, and a list of the course
instructors.
3. All training
courses shall have a ratio of students to instructors in hands-on
demonstrations that shall not exceed ten-to-one (10:1).
4. Instructor qualifications.
A. An individual must be Missouri-certified
in a specialty area before they will be allowed to teach in that specialty
area, except that instructors certified as supervisors may also instruct a
worker course.
B. An individual
with experience and education in industrial hygiene shall teach the sections of
the training courses concerning the performance and evaluation of air
monitoring programs and the design and implementation of respiratory protection
programs. The department does not require that the instructor hold a degree in
industrial hygiene, but the individual must provide documentation and written
explanation of experience and training.
C. An individual who is a Missouri-certified
supervisor, and who has sufficient training and work experience to effectively
present the assigned subject matter, shall teach the hands-on training sections
of all courses.
D. An individual
who teaches the portions of the project designer's course involving heating,
ventilation, and air conditioning (HVAC) systems, must-
(I) Be a licensed architect or a licensed
engineer; or
(II) Must provide
documentation of training and at least five (5) years' experience in the
field.
5. The
course provider must administer and monitor all course examinations. The course
provider assumes responsibility for the security of exam contents and shall
ensure that the participant passes the exam on his/her own merit. Minimum
security measures for the written exams include ample space between
participants, absence of written materials other than the examination and
supervision of the exam by course provider.
6. When the provider offers training on short
notice, the training provider shall notify the department as soon as possible
but no later than two (2) days prior to commencement of that
training.
7. When the provider
cancels the course, the training provider should notify the department at the
same time s/he notifies course participants, and shall follow-up with written
notification.
8. When rules,
policies, or procedures change, the training provider must update the initial
and refresher courses. The training provider must notify the department as soon
as s/he makes the changes.
9. The
department may withdraw accreditation from providers who fail to accurately
portray their Missouri accreditation in advertisements, who fail to ensure
security of examinations, who fail to ensure that each student passes the exam
on his/her own merit, or who issue improper certificates.
10. Training course providers must notify the
department of any changes in training course content or instructors. Training
course providers must submit resumés of all new instructors to the
department as soon as substitutions or additions are made.
11. The department may revoke or suspend
accreditation of any course subject to this rule if alterations in the course
cause it to fail the department's accreditation criteria.
12. Training providers shall have thirty (30)
days to correct identified deficiencies in training course(s) before the
department revokes accreditation.
(E) Business Exemptions. The department may
exempt a person from registration, certification, and certain notification
requirements provided the person conducts asbestos projects solely at the
person's own place(s) of business as part of normal operations in the facility
and the person is also subject to the requirements and applicable standards of
the E PA and United States Occupational Safety and Health Administration (OSHA)
29 CFR
1926.1101 as incorporated by reference in
subparagraph (3)(A)4.E. of this rule. The person shall submit an application
for exemption to the department on the department-supplied form. This exemption
shall not apply to asbestos abatement contractors, to those subject to the
requirements of AHERA, and to those persons who provide a service to the public
in their place(s) of business as the economic foundation of the facility. These
shall include, but not be limited to, child daycare centers, restaurants,
nursing homes, retail outlets, medical care facilities, hotels, and theaters.
The department shall review the exemption application within one hundred eighty
(180) days. State-exempted business entities shall comply with all federal air
sampling requirements for planned renovation operations.
1. Training course requirements.
A. The person shall fill out the
department-supplied form describing training provided to employees and an
explanation of how the training meets the applicable OSHA and EPA
standards.
B. The person shall
notify the department two (2) weeks before the person conducts training
programs. This notification shall include the course title, start-up date,
location, and course instructor(s).
C. If the person cancels the course, the
person shall notify the department at the same time the person notifies course
participants and follow up with written notification to the
department.
D. When regulations,
policies, or procedures change, the person must update the initial and
refresher courses and notify the department as soon as the person makes the
changes.
E. When the person
conducts hands-on training, the ratio of students to instructors shall not
exceed ten-to-one (10:1).
F. The
person must allow representative(s) of the department to attend the training
course for purposes of determining compliance with this rule.
G. Exempted persons shall submit to the
director changes in curricula, instructors, and other significant revisions to
the training program as they occur and submit resumés of all new
instructors to the department as soon as substitutions or additions are
made.
H. The department may revoke
or suspend an exemption if on-site inspection indicates that the training fails
the exemption requirements. These include, but are not limited to, a decrease
in course length, a change in course content or use of different instructors
than those indicated in the application. The department, in writing, shall
notify the person responsible for the training of deficiencies. The person
shall have thirty (30) days to correct the deficiencies before the department
issues final written notice of exemption withdrawal.
2. If the department finds an exemption
application deficient, the person has sixty (60) days to correct the
deficiencies. If, within sixty (60) days, the person fails to provide the
department with the required information, the department may deny approval of
the exemption.
3. The person shall
submit a fee of two hundred fifty dollars ($250) with the application for
exemption. This is a nonrefundable one (1)-time fee.