ALABAMA: (1) 2 (―Chapter‖ · Passing scores for licensure examination of asbestos consultants;...

ALABAMA:

822-X-2-.01 Purpose

(1) Chapter 822-X-2 (―Chapter‖) as authorized by Acts 1989, No. 89-517

and Acts 1997, No. 97-626, the Asbestos Contractor Accreditation Act,

establishes the procedures and requirements for the review and accreditation of

training programs, training courses, and individuals engaged in asbestos-related

activities.

(2) The legislature of the State of Alabama has enacted Chapter 39 of Title

22, Code of Alabama, (1975), as amended, to meet the requirements established

in Section 206 of the Toxic Substances Control Act, 15 U.S.C.A. §2646, as

amended, and to ensure the availability of a trained and qualified workforce to

identify and address asbestos-related hazards found in schools or public and

commercial buildings. The appropriate Federal statutes and regulations are

adopted herein by reference as legal authority. Where there is an inconsistency

between the Alabama statute and Federal regulations, the Alabama statute

controls; and where the Alabama statute is silent, Federal regulations control.

COLORADO:

TRAINING/CERTIFICATION/ LICENSING:

CERTIFICATION REQUIREMENTS

II.A. GENERAL REQUIREMENTS

II.A.1. Persons required to be certified as a General Abatement Contractor,

Building Inspector, Management Planner, Project Designer, Abatement Worker,

Abatement Supervisor or Air Monitoring Specialist shall obtain the appropriate

certification from the Division in accordance with this section II.

II.A.2. Photo IDs and Certificates

Each individual certified under this regulation must have their state certification

photo identification (ID) card or state certificate available at each work site so

that Division representatives may check their credentials.

Each individual trained under this regulation must have copies of their training

and refresher certificates available at each work site so that Division

representatives may check their credentials.

II.A.3. Non-Public Access Areas

Any person certified under this regulation to work solely on asbestos abatement

projects in non-public access areas shall not be required to pay the application

fee. Certificates issued under this paragraph are not valid for abatement in areas

of public access, and are not transferable.

CONNECTICUT

TRAINING/CERTIFICATION/ LICENSING:

Sec. 20-440. Regulations. (a) The commissioner shall adopt regulations in

accordance with the provisions of chapter 54 to administer the provisions of

subsection (c) of section 19a-14, sections 19a-332 and 20-435 to 20-441,

inclusive. Such regulations shall include, but not be limited to, the following: (1)

Passing scores for licensure examination of asbestos consultants; (2) standards

for the licensing of asbestos contractors; (3) standards for approval of training

programs of asbestos abatement and asbestos consultation services under

section 20-439, including standards for successful completion of such programs;

(4) standards and procedures for suspension and revocation of certification of

asbestos consultants, asbestos abatement workers and asbestos abatement

supervisors; and (5) standards and procedures for suspension and withdrawal of

approval of training programs.

(b) The regulations required under subsection (a) of this section shall be

revised, as necessary, to ensure that such regulations meet or exceed the

requirements of the United States Environmental Protection Agency's model

accreditation plan in accordance with federal regulations, as from time to time

amended.

Sec. 20-439. Training programs. Approval. Fees. Periodic reviews. On and

after the effective date of regulations adopted pursuant to section 20-440,

asbestos abatement or asbestos consultation training programs serving to qualify

asbestos abatement workers and asbestos abatement site supervisors for

certification and asbestos consultants for certification shall be approved by the

department. The department shall approve a training program upon

determination that such program complies with such requirements as may be

established in regulations adopted pursuant to section 20-440. Each application

or reapplication for approval of a training program shall be accompanied by a fee

of five hundred dollars. Each application for approval or reapproval of a refresher

training program as required by section 20-441 shall be accompanied by a fee of

two hundred fifty dollars. Each person offering an asbestos abatement or

asbestos consultation training program shall furnish the department with a list of

the persons who have successfully completed the course within thirty days of

such completion. The department shall conduct periodic reviews of approved

training courses and may revoke approval at any time it determines that the

course fails to meet the requirements established in such regulations.

DELEWARE:

IOWA:

875—155.6(88B) License application procedures.

155.6(1) Forms. Iowa Form 309-2068 must be used for all new and renewal

asbestos license applications. The second page of the form is the respirator fit

test and the third page is a physician’s certification. Forms from other states may

not be substituted for the Iowa form or any part thereof. Respirator fit tests and

medical examinations must have occurred within the past 12 months. Only IAC

7/16/08 Labor Services[875] Ch 155, p.3 worker and contractor/supervisor

license applicants must submit the respirator fit test and physician’s certification

forms. Photocopies of the forms shall not be accepted.

155.6(2) Training. A certificate of appropriate training from a course provider

approved for asbestos training by the U.S. Environmental Protection Agency must

accompany all applications. Applicants for a license must be trained by training

providers other than themselves. Applicants who completed initial training under

a prior set of applicable rules will not be required to take another initial training

course if they complete all annual refresher courses.

155.6(3) Photographs. Two 1″ by 1″ photographs clearly showing the

applicant’s face shall accompany all license applications.

155.6(4) Worker licenses. All persons seeking a license as an asbestos

abatement worker shall complete an initial four-day training course and

thereafter complete an annual one-day asbestos abatement worker refresher

training course. A nonrefundable fee of $20 shall accompany the application.

155.6(5) Contractor/supervisor licenses. All persons seeking a license as an

asbestos abatement contractor/supervisor shall complete an initial five-day

training course and thereafter complete an annual one-day asbestos abatement

contractor/supervisor refresher training course. A nonrefundable fee of $50 shall

accompany the application.

155.6(6) Inspector licenses. All persons seeking a license as an asbestos

inspector shall complete an initial three-day training course and thereafter

complete an annual one-half-day asbestos inspector refresher training course. A

nonrefundable fee of $20 shall accompany the application.

155.6(7) Management planner licenses. All persons seeking a license as an

asbestos management planner shall complete an initial three-day inspector

training course and an initial two-day management planning training course.

Thereafter, an annual one-half-day asbestos inspector refresher training course

plus an additional one-half-day course on management planning are required. A


155.6(8) Abatement project designer licenses. All persons seeking a license as

an asbestos abatement project designer shall complete an initial three-day

abatement project designer training course. Thereafter, an annual one-day

asbestos abatement project designer refresher training course is required. A


155.6(9) Action on application. Within 30 days of receiving a completed

application, the division will issue a license or deny the application. If a license is

issued, it will expire one year from the date the training was completed. An

application may be denied for the reasons set forth in rule

155.8(17A,88B,252J,261) or if the application package is incomplete.

155.6(10) License on job site. While conducting asbestos work that requires a

license, the license or a legible copy of the license shall be in the licensee’s

possession at the work site. However, if the division of labor services’ Web site

reflects that a license has been issued to a particular person, that person may

perform work consistent with the type of license issued without the license or a

copy of the license for up to 14 days from the issuance date.

155.6(11) Disaster emergency proclamations. For work on structures that are

both located in an area that is subject to a disaster emergency proclamation

pursuant to Iowa Code section 29C.6 and damaged by circumstances related to

those that caused the disaster emergency proclamation, the labor commissioner

deems an individual to be licensed and authorized for asbestos abatement if all of

the criteria in either paragraph “a” or paragraph “b” are met:

a. The individual contractor, supervisor, or worker makes the following

immediately available on the work site:

(1) A copy of a certificate for training that was provided within the past 12

months by a course provider approved by the U.S. Environmental Protection

Agency and that pertains to the work being performed;

(2) A copy of a physician’s statement indicating that, consistent with 29 CFR

1910.134, a licensed physician has examined the individual within the past 12

months and approved the individual to work while wearing a respirator;

Ch 155, p.4 Labor Services[875] IAC 7/16/08

(3) Documentation of a respirator fit test consistent with 29 CFR 1910.134 within

the past 12 months;

(4) A valid, current asbestos license issued by another state that pertains to the

type of work being performed; and

(5) A photo identification card; or

b. The individual working as a project designer, inspector, or management

planner makes the following immediately available on the work site:

(1) A copy of a certificate for training by a course provider approved by the U.S.

Environmental Protection Agency and that pertains to the work being performed;

(2) A valid, current asbestos license issued by another state that pertains to the

type of work being performed; and

(3) A photo identification card.

KENTUCKY:

STATUTORY AUTHORITY: KRS 224.10-100, 224.20-100, 224. 20-110, 224.20-

120, 224.20-300, 224.20-310, 224.20-320, 224.99-010, 40 CFR 763.80 through

763.99, Appendices A through E to Subpart E, as published in the Code of Federal

Regulations, July 1, 1996, 15 USC 2601 through 2692 as amended November 28,

1990

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the

Natural Resources and Environmental Protection Cabinet to prescribe

administrative regulations for the prevention, abatement, and control of air

pollution. KRS 224.20-300 allows the cabinet to develop, adopt, and maintain a

comprehensive statewide asbestos contractor accreditation program relating to

asbestos. This administrative regulation provides for the accreditation of persons

who inspect for asbestos in school, public, and commercial buildings; who design,

supervise, or perform response actions in school, public, or commercial buildings,

and who prepare plans addressing potential and actual asbestos hazards in

school buildings. Additionally, this administrative regulation provides for the

review and approval of training courses that are prerequisites for accreditation.

The Division for Air Quality (DAQ) has two licensing programs – one associated

with NESHAP (abatement contractor certifications) and the other with ASHARA

(individual accreditations in five asbestos-related disciplines).

Under 401 KAR 58:040 (accessible at

http://www.lrc.state.ky.us/kar/TITLE401.htm), we certify companies to do

abatement work that is subject to NESHAP. This program focuses on the

company’s supervisors, who are required to do three things to get their company

certified initially:

1. Attend and pass an EPA-approved Abatement Supervisor course and annual

refreshers;

2. Attend a ½-day workshop put on monthly by DAQ in Frankfort to explain the

asbestos

regulations; and

3. Perform a ―demonstration project‖ to show competency in setting up an

abatement job.

DAQ inspects the ―demonstration project‖ before any removal takes place, and if

the setup demonstrates competence, DAQ writes an inspection report

documenting the findings and recommending the issuance of the certificate to the

company. The 8-½ x 11‖ certificate lists the supervisors who have satisfied the

three requirements. Once a company is certified, it can add more supervisors to

its certificate by putting them through the EPA-approved training and sending

them to the ½-day workshop.

Under 401 KAR 58:005 (also accessible at the web site given above), we accredit

individuals in the five main AHERA disciplines to do asbestos-related work inside

schools and inside public/commercial buildings, per ASHARA. To become

accredited, a person passes the EPA-approved training and sends us a copy of

the current (not expired) diploma along with a completed application form and

the accreditation fee (workers -- $20 initial & $10 renewal; all other disciplines --

$100 initial & $50 renewal). We then issue a wallet-sized accreditation card to

this person.

You can get applications for certification and accreditation and other information

about this division’s asbestos programs at our web site

http://www.air.ky.gov/pubinfo/asbestos/asb_dload.html.

Minnesota

4620.3300 CERTIFICATION OF ASBESTOS WORKER.

Subpart 1.

Certification of asbestos worker required.

An individual who performs asbestos-related work must be certified by the

commissioner as an asbestos worker under this part unless that individual is certified as an asbestos site supervisor.

Subp. 2.

Qualifications or experience requirements.

To be eligible for certification as an asbestos worker, an individual must have

completed either:

A. two years full-time attendance, or the part-time equivalent, in an

apprenticeship program for general commercial construction trades which is

either approved by the Minnesota Department of Labor and Industry, Division of

Voluntary Apprenticeship, or registered with the United States Department of Labor, Bureau of Apprenticeship and Training;

B. two years of postsecondary education with an emphasis in construction

management, industrial hygiene, industrial technology safety, or physical or life

science, and completed an Occupational Safety and Health Administration's

(OSHA) 510 Occupational Safety and Health Standards for the construction

industry course;

C. a vocational training program in a construction-related discipline of not less

than 18 months; or

D. work experience of at least 1,000 hours of work experience in general commercial construction trades.

Subp. 3.

Training requirements for initial certification.

To be eligible for initial certification as an asbestos worker:

A. an applicant must complete before the commissioner's receipt of the

application, an initial asbestos worker training course that is:

(1) permitted by the commissioner under part 4620.3704;

(2) approved by the United States Environmental Protection Agency (EPA) with

the EPA approval granted after June 1, 1987; or

(3) approved by a state asbestos training program accredited by the EPA; and

B. an applicant must complete, before the commissioner's receipt of the

application, an asbestos worker refresher course permitted by the commissioner

under part 4620.3704 if the applicant has completed an initial asbestos worker

training course specified in item A, subitem (2) or (3).

Subp. 3a.

Training diploma expiration; retraining.

The applicant for certification as an asbestos worker must complete an annual

asbestos worker refresher course permitted by the commissioner under part

4620.3704 when the diploma from an initial worker training course, as specified

in subpart 3, item A, has expired before the commissioner's receipt of the

application.

A. The most recent asbestos worker refresher course taken must be permitted by

the commissioner under part 4620.3704.

https://www.revisor.mn.gov/rules?id=4620.3704




B. Any refresher courses completed subsequent to the expiration of the diploma

must have been completed no more than 12 months after the expiration date of

the preceding diploma.

Subp. 4.

Application for initial asbestos worker certification.

An applicant for initial certification as an asbestos worker must submit to the

commissioner:

A. a completed application on a form provided by the commissioner, which seeks

only information the commissioner reasonably considers necessary to identify the

applicant and to determine whether the applicant meets the statutory and regulatory requirements for certification;

B. a nonrefundable application fee of $50, which is not in the form of a personal

check, payable to the Minnesota Department of Health; and

C. verifiable evidence of the applicant's original diploma for the initial asbestos

worker training course completed and, if applicable, verifiable evidence of each of

the applicant's original diplomas for the asbestos worker refresher training courses completed.

Subp. 5.

Renewal.

A. An individual certified as an asbestos worker must apply for renewal of the

asbestos worker certification by submitting to the commissioner a completed

renewal application. Until the renewal certificate is issued by the commissioner,

the asbestos worker may continue to perform asbestos-related work for up to 30

calendar days from the date of completing the refresher training course, provided

the asbestos worker:

(1) has submitted the certification renewal application to the commissioner; and

(2) has a copy of the diploma, which is issued after completing an asbestos

worker refresher course, on site and available for review by the commissioner.

B. The renewal application must include:

(1) the completed renewal application on a form provided by the commissioner,

which seeks only information the commissioner reasonably considers necessary

to identify the applicant and to determine whether the applicant meets the statutory and regulatory requirements for renewal of certification;

(2) a nonrefundable renewal application fee of $50, which is not in the form of a

personal check, payable to the Minnesota Department of Health; and

(3) verifiable evidence of the training course diploma from the most recent

asbestos worker refresher training course required by subpart 3a.

Subp. 6.

Denial of asbestos worker certification.

The commissioner shall deny an application for asbestos worker certification if the

applicant fails to comply with all applicable requirements in this part. Additional

grounds for the commissioner to deny an application are stated in Minnesota Statutes, section 144.99, subdivision 8, paragraphs (a) and (b). An applicant:

A. must be notified in writing of the denial of the certificate and the reasons for

the denial; and

B. is not required to pay a second fee if the applicant submits a second asbestos

worker certification application according to subpart 4 or 5 within 30 days of

receipt of notice that the asbestos worker certification has been denied. Fees are required for all subsequent applications.

Subp. 7.

Duration of certificate; transfer.

An asbestos worker certificate issued by the commissioner is valid for one year

after the completion date on the training course diploma for the most recently

completed training course. The asbestos worker certificate is not transferable.

Subp. 8. Duplicate certificate.

To replace a lost, destroyed, or mutilated asbestos worker certificate, the

certified asbestos worker must submit a completed application for a duplicate

asbestos worker certificate and pay a charge to the Minnesota Department of

Health for the cost of duplicating the certificate.

Statutory Authority:

MS s 16A.1285; 144.05; 144.122; 326.70 to 326.81

History:

13 SR 568; 20 SR 2765; 25 SR 1894; 33 SR 739

Posted:

April 24, 2009

MISSOURI:

10 CSR 10-6.241 Asbestos Projects—Registration,

Notification and Performance

Requirements

PURPOSE: This rule requires asbestos contractors to register with the

department, to notify the department of each asbestos project, to allow the

department to inspect asbestos projects and to pay inspection fees. Each person

who intends to perform asbestos projects in Missouri must register annually with

the Missouri Department of Natural Resources, Air Pollution Control Program.

Each asbestos contractor must submit a notification to the appropriate agency of

the department for each asbestos project. Each notification for projects

exceeding a certain size must be accompanied by a fee. Asbestos contractor must

allow representatives of the department to conduct inspections of projects and

must pay inspection fees. The evidence supporting the need for this proposed

https://www.revisor.mn.gov/statutes?id=144.99#stat.144.99

https://www.revisor.mn.gov/statutes?id=16A.1285#stat.16A.1285





http://www.comm.media.state.mn.us/bookstore/stateregister/2549.pdf#page=1894

http://www.comm.media.state.mn.us/bookstore/stateregister/33_17.pdf#page=739

rulemaking, per section 536.016, RSMo, is the decision of the Cole County Court

case number CV 197-985 CC that found rule 10 CSR 10-6.240 void from

inception and state statute 643.242, RSMo that authorizes the commission to

assess a fee of $100 for each on-site inspection of asbestos projects.

(1) Applicability.

(A) This rule shall apply to—

1. All persons that authorize, design, conduct and work in asbestos projects; and

2. All persons that monitor air-borne asbestos and dispose of asbestos waste as a

result of asbestos projects.

(B) 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 of business as part of normal

operations in the facility and also is subject to the requirements and applicable

standards of the United States Environmental Protection Agency (EPA) and United

States Occupational Safety and Health Administration (OSHA) 29 CFR 1926.1101.

This exemption shall not apply to asbestos contractors, to those subject to the

requirements of the Asbestos Hazard Emergency Response Act (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. Business entities that have received state approved

exemption status shall comply with all federal air sampling requirements for their

planned renovation operations.

(2) Definitions. Definitions of certain terms specified in this rule may be found in

10 CSR10-6.020.

(3) General Provisions.

(A) Registration.

1. Any person that conducts an asbestos project shall register with the

department. Business entities that qualify for exemption status from the state

must reapply for exemption from registration.

2. The person shall apply for registration renewal on an annual basis, and two (2)

months before the expiration date shall send the application to the department

for processing. The contractor registration application or business exemption

information shall be submitted on the forms provided by the department.

3. Annually, the person submitting a registration application to the department

shall remit a nonrefundable fee of one thousand dollars ($1,000) to the

department.

4. To determine eligibility for registration and registration renewal, the

department may consider the compliance history of the applicant as well as that

of all management employees and officers. The department may also consider

the compliance record of any other entity of which those individuals were officers

and management employees.

(B) Abatement Procedures and Practices.

MONTANA:

TRAINING/CERTIFICATION/LICENSING:

17.74.362 ACCREDITATION REQUIREMENTS FOR ASBESTOSRELATED

OCCUPATIONS (1) Pursuant to 75-2-511, MCA, a person may not:

(a) engage in an asbestos-related occupation unless accredited in that occupation

by the department; or

(b) contract with or employ in an asbestos-related occupation a person not

accredited in that occupation by the department.

(2) A person seeking initial accreditation in an asbestos-related occupation shall:

(a) successfully complete either a training course approved by the department

pursuant to this subchapter, or a course approved by the U.S. Environmental

Protection Agency and shall pass an examination approved by the department;

and

(b) submit to the department a completed application form provided by the

department, with the fee required in ARM 17.74.402 and a copy of a certificate of

satisfactory completion from the course approved for that occupation.

(3) The department may deny, suspend, or revoke accreditation of a person

pursuant to 75-2-515, MCA. (History: 75-2-503, MCA; IMP, 75-2-511, MCA;

NEW,

2006 MAR p. 1574, Eff. 6/23/06.)

NEBRASKA

TITLE 178 ENVIRONMENTAL HEALTH

CHAPTER 22 ASBESTOS PROJECTS

22-001 SCOPE AND AUTHORITY

22-001.01 These regulations apply to the following individuals or entities, even if

licensure is waived or if an individual or entity is exempt from licensure:

22-001.01A Any private or public business entity as defined in these regulations

undertaking an asbestos project in Nebraska;

22-001.01B Any person working on an asbestos project or in an asbestos

occupation in Nebraska; and

22-001.01C Any person or entity offering a training course to qualify an

individual in an asbestos occupation for license or renewal of a license in

Nebraska.

22-001.01D As used in 178 NAC 22-001.01 and 22-001.02, an asbestos project

includes the following activities which may only be performed by licensed

individuals: Determining whether asbestos containing materials (ACM) exists,

assessing the condition of ACM, preparing plans and specifications for an

asbestos project, performing the asbestos project, and performing final clearance

air sampling or soil sampling at the end of an asbestos project.

22-001.02 These regulations, standards and fees implement the provisions of the

Asbestos Control Act, Neb. Rev. Stat. §§71-6301 to 71-6317, and will apply to

the licensing of firms involved in asbestos activities in Nebraska; the

accreditation of training courses for workers, supervisors, inspectors, project

designers, management planner and project monitors engaged in asbestos

activities performed in Nebraska; and licensure of asbestos professions in

Nebraska.

22-001.03 Additional authority is found in the Uniform Credentialing Act, the

Administrative Procedure Act and 184 NAC 1, the Department’s Rules of Practice

and Procedure.

NORTH CAROLINA


10A NCAC 41C .0602 ACCREDITATION

(a) No person shall perform asbestos management activities until that person has

been accredited by the Program in the appropriate accreditation category, except

as provided for in G.S. 130A-447, (b) and (c).

(b) An applicant for accreditation shall meet the provisions of the "EPA Model

Contractor Accreditation Plan" contained in 40 CFR Part 763, Subpart E, Appendix

C and successfully complete applicable training courses approved by the Program

pursuant to Rule .0603 of this Section. However, an applicant applying for roofing

worker or roofing supervisor accreditation shall only be required to successfully

complete the applicable training courses as described under Rule .0611 of this

Section.

(c) In addition to the requirements in Paragraph (b) of this Rule, an applicant,

other than for the worker or roofing worker categories, shall meet the following:

(1) an applicant for initial accreditation shall have successfully completed an

approved initial training course for the specific discipline within the 12 months

immediately preceding application. If initial training was completed more than 12

months prior to application, the applicant shall have successfully completed an

approved refresher training course for the specific discipline at least every 24

months from the date of completion of initial training to the date of application;

(2) an inspector shall have:

(A) a high school diploma or equivalent; and

(B) at least three months of asbestos related experience as, or under the direct

supervision of, an accredited inspector, or equivalent experience;

(3) a management planner shall have a high school diploma or equivalent and

shall be an accredited inspector;

(4) a supervisor or roofing supervisor shall have:

(A) a high school diploma or equivalent; except that this requirement shall not

apply to supervisors that were accredited on November 1, 1989, or roofing

supervisors that were accredited prior to April 1, 1997; and


supervision of, an accredited supervisor, or equivalent experience;

(5) an abatement designer shall have:

(A) a high school diploma or equivalent; and


supervision of, an accredited abatement designer, or equivalent experience;

(6) an air monitor shall work only under an accredited supervising air monitor or

meet the provisions of Part (c)(7)(C) of this Rule. However, this requirement

shall not apply to the owner or operator of a building and his permanent

employees when performing air monitoring in non-public areas. In addition, all air

monitors shall meet the following requirements:

(A) Education and Work Experience:

(i) a high school diploma or equivalent;

(ii) three months of asbestos air monitoring experience as, or under the direct

supervision of, an accredited air monitor or equivalent within 12 months prior to

applying for accreditation;

(B) Training Requirements:

(i) complete a Program approved NIOSH 582 or Program approved NIOSH 582

equivalent and meet the initial and refresher training requirements of this Rule

for supervisors; Program approved project monitor refresher course may be

substituted for the supervisor refresher course; or

(ii) meet the initial and refresher training requirements of this Rule for a Program

approved five-day project monitor course and a Program approved annual

refresher course;

(iii) air monitors with a valid accreditation on October 1, 1994 shall have until

October 1, 1995 to meet the training requirements for air monitors set forth in

this Paragraph;

(7) a supervising air monitor shall meet the following requirements:

(A) Education and Work Experience:

(i) a high school diploma or equivalent;

(ii) three months of asbestos air monitoring experience as, or under the direct

supervision of, an accredited air monitor or equivalent within 12 months prior to

applying for accreditation;

(B) Training Requirements:

(i) complete a Program approved NIOSH 582 or Program approved NIOSH 582

equivalent and meet the initial and refresher training requirements of this Rule

for supervisors; a Program approved project monitor refresher course may be

substituted for the supervisor refresher course; or

(ii) meet the initial and refresher training requirements of this Rule for a Program

approved five-day project monitor course and a Program approved annual

refresher course;

(iii) supervising air monitors with a valid accreditation on October 1, 1994 shall

have until October 1, 1995 to meet the training requirements for supervising air

monitors set forth in this Paragraph;

(C) Professional Status:

(i) a supervising air monitor who was accredited as an air monitor on or after

February 1, 1991, or an air monitor accredited prior to that date who has not

continuously maintained accreditation, shall be a Certified Industrial Hygienist;

(ii) a supervising air monitor who was accredited as an air monitor prior to

February 1, 1991, who has continuously maintained accreditation shall be a

Certified Industrial Hygienist, Professional Engineer, or Registered Architect;

(D) Air monitors with a valid accreditation on January 1, 1995 supervising other

accredited air monitors shall be deemed to be accredited supervising air monitors

for the duration of their existing air monitor accreditation.

(d) To obtain accreditation, the applicant shall submit, or cause to be submitted,

to the Program:

(1) a completed application on a form provided by the Program with the following

information:

(A) full name and social security number of applicant;

(B) address, including city, state, zip code, and telephone number;

(C) date of birth, sex, height, and weight;

(D) discipline applied for;

(E) name, address, and telephone number of employer;

(F) training agency attended;

(G) name of training course completed;

(H) dates of course attended;

(2) two current 1¼ inch x 1¼ inch color photographs of the applicant with

applicant's name and social security number printed on the back;

(3) confirmation of completion of an approved initial or refresher training course

from the training agency; the confirmation shall be in the form of an original

certificate of completion of the approved training course bearing the training

agency's official seal, or an original letter from the training agency confirming

completion of the course on training agency letterhead, or an original letter from

the training agency listing names of persons who have successfully completed the

training course, with the applicant's name included, on the training agency

letterhead;

(4) when education is a requirement, a copy of the diploma or other written

documentation;

(5) when experience is a requirement, work history documenting asbestos

related experience, including employer name, address and phone number;

positions held; and dates when the positions were held; and

(6) when applicants for initial air monitor accreditation are working under an

accredited supervising air monitor pursuant to Subparagraph (c)(6) of this Rule,

the accredited supervising air monitor shall submit an original, signed letter

acknowledging responsibility for the applicant's air monitoring activities. The

applicant shall ensure that a new letter is submitted to the Program any time the

information in the letter currently on file is no longer accurate.

(e) All accreditations shall expire at the end of the 12th month following

completion of required initial or refresher training. Work performed after the 12th

month and prior to reaccreditation shall constitute a violation of this Rule. To be

reaccredited, an applicant shall have successfully completed the required

refresher training course within 24 months after the initial or refresher training

course. An applicant for reaccreditation shall also submit information specified in

Subparagraphs (d)(1)-(d)(6) of this Rule. If a person fails to obtain the required

training within 12 calendar months after the expiration date of accreditation, that

person may be accredited only by meeting the requirements of Paragraphs (b),

(c), and (d) of this Rule.

(f) All accredited persons shall be assigned an accreditation number and issued a

photo-identification card by the Program.

(g) In accordance with G.S. 130A-23, the Program may revoke accreditation or

reaccreditation for any violation of G.S. 130A, Article 19 or the rules in this

Section, or upon finding that its issuance was based upon incorrect or inadequate

information that materially affected the decision to issue accreditation or

reaccreditation. The Program may also revoke accreditation or reaccreditation

upon a finding that the accredited person has violated any requirement

referenced in Rule .0605(e) of this Section. A person whose accreditation is

revoked because of fraudulent misrepresentations or because of violations that

create a significant public health hazard shall not reapply for accreditation before

six months after the revocation and shall repeat the initial training course and

other requirements as set out in Paragraphs (b), (c), and (d) of this Rule.

NORTH DAKOTA


23-25-03.1. Licensing of asbestos and lead-based paint contractors and

certification of asbestos and lead-based paint workers. The department is

charged with the responsibility of administering and enforcing a licensing

program for asbestos contractors and lead-based paint contractors and a

certification program for asbestos workers and lead-based paint workers and is

given and charged with the following powers and duties:

1. To require training of, and to examine, asbestos workers and lead-based paint

workers.

2. To establish standards and procedures for the licensing of contractors, and the

certification of asbestos workers engaging in the abatement of friable asbestos

materials or nonfriable asbestos materials that become friable during abatement,

and to establish performance standards for asbestos abatement. The

performance standards will be as stringent as those standards adopted by the

United States environmental protection agency pursuant to section 112 of the

Federal Clean Air Act, as amended.

3. To establish standards and procedures for the licensing of contractors and the

certification of lead-based paint workers engaging in the abatement of lead-based

paint and to establish performance standards for lead-based paint abatement in

accordance with title 40, Code of Federal Regulations, part 745, sections 220,

223, 225, 226, 227, and 233.

4. To issue certificates to all applicants who satisfy the requirements for

certification under this section and any rules under this section, to renew

certificates, and to suspend or revoke certificates for cause after notice and

opportunity for hearing.

5. To establish an annual fee and renewal fees for licensing asbestos contractors

and lead-based paint contractors and certifying asbestos and lead-based paint

workers and to establish examination fees for asbestos and lead-based paint

workers under section 23-25-04.2. The annual, renewal, and examination fees

for lead-based contractors and workers may not exceed those charged to

asbestos contractors and workers.

6. To establish indoor environmental nonoccupational air quality standards for

asbestos.

7. To adopt and enforce rules as necessary for the implementation of this section.

For nonpublic employees performing asbestos abatement in facilities or on facility

components owned or leased by their employer, only the provisions of rules

adopted in accordance with the federal Asbestos Hazard Emergency Response Act

of 1986 [Pub. L. 99-519; 100 Stat. 2970; 15 U.S.C. 2641 et seq.], as amended,

or the federal Clean Air Act [Pub. L. 95-95; 91 Stat. 685; 42 U.S.C. 7401 et

seq.], as amended, apply to this section. This does not include ownership that

was acquired solely to effect a demolition or renovation.

NEW HAMPSHIRE:


PART Env-A 1809 APPROVAL OF ASBESTOS TRAINING PROVIDERS AND

COURSES; OBLIGATIONS OF TRAINING PROVIDERS

Env-A 1809.01 Training Approval. All training courses that are used to fulfill

licensure and certification requirements for asbestos abatement and school

asbestos abatement planning shall be approved by:

(a) The EPA;

(b) An EPA-approved state accreditation program; or

(c) The department, pursuant to Env-A 1809.02 and Env-A 1809.03.

Env-A 1809.02 Request for Approval of Training Course. Any training provider

seeking approval of one or more training course(s) shall submit the following in

writing to the department for each proposed course:

(a) The name(s) of the training provider as shown on the approval issued

pursuant to Env-A 1809.04;

(b) The name of the specific course for which approval is sought;

(c) Whether the course is intended for initial certification or as a refresher;

(d) An outline of the training course that shows the topics to be covered and the

amount of time to be given to each topic;

(e) A copy of the applicant’s instruction manual for the training course, and all

printed material to be distributed in each course;

(f) A description of the teaching methods to be employed, including a description

of any audio-visual aids to be used;

(g) A description of the hands-on facility to be used, including the protocol for

instruction, the number of students to be accommodated, and the number of

instructors;

(h) A description of the equipment that will be used in both classroom lectures

and in hands-on training;

(i) The name and qualifications of each individual who will provide the training for

the course, including education, training, and experience;

(j) An example of the written examination to be given in the course;

(k) A copy of the certificate of completion to be given to successful course

participants; and

(l) Any additional information that may be needed to demonstrate that the

proposed course will meet the criteria for approval specified in Env-A 1809.03.

South Carolina


SECTION IV. - PERSONNEL LICENSING REQUIREMENTS.

A. Applicability.

1. No person or contractor shall engage in any asbestos project or abatement

involving RACM, or ACM rendered regulated by removal techniques or methods,

unless licensed to do so by the Department.

2. Every contractor, supervisor, worker, air sampler, project designer, building

inspector, or management planner who engages in any asbestos project shall

have a current and valid license specific to the duties performed under the

license.

3. When a person or contractor engaged in an asbestos project performs duties in

more than one discipline, a separate license shall be obtained specific for each

discipline. However, a management planner may perform the duties of a building

inspector, and a supervisor may perform the duties of a worker without having to

obtain separate licenses.

4. A license in any discipline shall only be utilized in accordance with the

conditions and provisions contained in the license.

5. When an individual or a company for hire plans to remove RACM, a

Department-issued asbestos contractor license must be obtained prior to

performing abatement.

B. Training Documentation.

Acceptable documentation of training shall be:

1. An original certificate issued by a Department-approved training course

provider and that meets the requirements specified in this regulation; or

2. A valid, original license or accreditation (photocopies or telephone facsimile

transmissions shall not be accepted) issued by a state with which the Department

has a reciprocal arrangement; or

3. A letter verifying successful completion of training, which includes the name,

last four digits of Social Security number, unique certificate number, test score,

and printed name and signature of the course instructor and which is sent

directly to the Department from the training provider.

C. License Application.

1. Each applicant seeking an asbestos personnel license in any discipline shall:

a. Successfully complete a Department-approved initial training course specific to

the discipline and, at the conclusion of the course, pass an examination with a

score of 70 percent or above;

b. Submit a completed application to the Department in a format designated by

the Department;

c. Submit a color passport style photo or have a photo taken by the Department.

Digital photos should be at least one mega pixel in resolution. Still photos should

be a minimum of 2‖ x 2‖ and a maximum of 3‖ x 5‖.

2. The application must state the type of license for which the application is being

made and must include all of the following information:

a. Supervisor License:

(1) Applicant’s name, Social Security number, mailing address, telephone

number, and, when applicable, company affiliation; and

(2) Documentation of successful completion of an initial asbestos abatement five-

day supervisor training course and all subsequent eight-hour refresher training

courses, if applicable.

b. AHERA Worker License:


number, and, when

applicable, company affiliation; and

(2) Documentation of successful completion of an initial asbestos abatement

four-day worker training course and all subsequent eight-hour refresher training


c. Air Sampler License:


number, and, when applicable, company affiliation;

(2) Documentation of successful completion of an initial asbestos abatement five-

day supervisor training course; and

(3) Documentation of successful completion of NIOSH 582 course or equivalent,

or

documentation that the applicant is a Certified Industrial Hygienist.

d. Project Designer License:



(2) Documentation of successful completion of an initial three-day asbestos

abatement project designer training course and all subsequent eight-hour

refresher training courses.

e. Building Inspector License:




building inspector training course and all subsequent four-hour refresher training


f. Management Planner License:




building inspector

training course and all subsequent four-hour refresher training courses, if

applicable; and

(3) Documentation of successful completion of an initial two-day asbestos

management

planners’ training course and all subsequent four-hour refresher training courses,

if applicable.

g. Contractor’s License:

(1) Company name, mailing address, street address, telephone number, name,

and title of a

responsible company official, registered agent with the South Carolina Secretary

of State’s office, and the Federal Employer Identification Number (FEIN); and

(2) The name and license number of a company employee who is currently

licensed as a

supervisor in affiliation with that company pursuant to this regulation, or an

application completed as required herein for a supervisor’s license for a company

employee.

h. Non-Industrial Facility O&M Group License (this license is facility-affiliated

only):

(1) The facility representative shall, on company letterhead, submit the name,

Social Security number, and type of training received for each individual to be

covered under the facility license; and

(2) Documentation shall be submitted in the form of an original initial and/or

refresher asbestos training certificate that is discipline-specific for the duties to

be performed by each individual covered under the facility license.

D. Continuing Education.

1. After successful completion of an approved initial training course, an applicant

seeking a license in any discipline except that of Contractor shall thereafter

successfully complete a Department-approved initial or refresher training course

specific to the discipline and, at the conclusion of each course, shall pass an

examination with a score of 70 percent or above.

2. If more than 12 months but fewer than 24 months have elapsed since

completing an initial or refresher training course, an applicant shall successfully

complete either a refresher training course or an initial training course.

3. If more than 24 months have elapsed since successfully completing an initial

or refresher training course, an applicant shall complete an initial training course.

4. The Department may require additional initial or refresher training specific to

the requirements of this regulation or to air sampling strategies.

E. Action on an Application.

1. Within 15 calendar days after receiving an application, the Department will

acknowledge receipt of the application and notify the applicant of any deficiency

in the application. Within 30 calendar days after receiving a completed

application, including all additional information requested, the Department will

issue a license or deny the application.

2. The Department reserves the right to request documentation to verify an

applicant’s previous training or accreditation in any discipline prior to issuing a

license.

3. The Department reserves the right to request documentation, including Social

Security numbers, to verify an applicant’s identity prior to issuing a license.

F. Denial.

1. The Department shall deny an application if it determines that the applicant

has not demonstrated the ability to comply with applicable requirements,

procedures, and standards established by:

a. The Department as per South Carolina Regulation 61-86.1;

b. Chapter 87 of the 1976 South Carolina Code of Laws, as amended;

c. The U. S. Environmental Protection Agency as per:

(1) National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61,

Subpart M, as amended, and any subsequent amendments and editions; and

(2) Asbestos-Containing Materials in Schools, 40 CFR Part 763, Subpart E, as

amended, and any subsequent amendments and editions; and

d. Occupational Safety and Health Administration in 29 CFR Part 1926.1101 and

1910.1001, as amended, and any subsequent amendments and editions.

2. The Department shall deny a license to any applicant who has failed to comply

with the

requirements of a properly issued consent, administrative, or judicial order

initiated by the Department.

3. The Department shall deny a license to any applicant if it determines that any

information or documentation, including a Social Security number, required by

this regulation is fraudulent or has been altered or falsified.

4. The Department shall deny a license to any applicant who fails to remit

applicable fees.

5. The Department shall deny a license to any applicant who submits fraudulent

or falsified information or documents.

6. The Department will not return fees submitted with any invalid or falsified

training and/or

identification documents submitted for the purposes of licensing.

7. The Department shall send notification of the denial of an application by

certified mail, unless the individual is present when the application is evaluated,

in which case the Department will inform the applicant in person of the denial.

8. Reapplication after denial. An application denied per this Section shall be

resubmitted as follows:

a. For failure to comply with the requirements of a properly issued consent,

administrative, or judicial order initiated by the Department, the application shall

not be considered until the applicant complies with said order.

b. For altered or falsified documents, including but not limited to, training

certificates, Social Security cards or numbers, and photo IDs, the application

shall not be considered by the Department prior to 180 days after receipt of such

documents and will only be considered thereafter with proper proof of the

applicant having successfully completed an initial course in the discipline in which

licensure is sought.

c. For failure to remit applicable fees, the application shall not be considered until

all applicable fees have been received.

9. The applicant may request a hearing pursuant to the provisions of this

regulation.

G. Conditions and Generic Alternatives.

In granting a license, the Department may impose reasonable terms and

conditions to ensure continuous compliance with the requirements of this

regulation.

H. Duration of Licenses.

1. A license shall automatically become invalid if an instrument of payment is

returned for

insufficient funds.

2. A Contractor’s license shall expire one year from the issue date, unless the

Department suspends or revokes the license at an earlier date. A Contractor’s

license shall be considered invalid unless at least one company employee

maintains a current, company-affiliated supervisor’s license pursuant to this

regulation.

3. All other licenses shall expire one year from the examination date printed on

the license, which is based on the most recent acceptable training certificate

submitted with the application, unless the Department suspends or revokes the

license at an earlier date.

4. No license shall be extended beyond its expiration date.

VIRGINIA


ACCREDITED ASBESTOS TRAINING PROGRAM STANDARDS

18VAC15-20-700. General.

In all of the following accredited asbestos training program (training program)

requirements, one day shall be equal to eight hours, inclusive of lunch and

breaks.

Historical Notes

Derived from VR137-01-02 § 16.1, eff. September 1, 1994; amended, Virginia

Register Volume 18, Issue 6, eff.

January 2, 2002.

18VAC15-20-710. Worker training.

Asbestos abatement workers shall complete at least a four-day (32 hours)

training program as outlined below. All training programs shall be approved by

the board. The accredited asbestos training program shall include lectures,

demonstrations, at least 14 hours of hands-on training, a training program

review, and an examination. The training shall address the following topics:

1. Physical characteristics of asbestos.

a. Identification of asbestos.

b. Aerodynamic characteristics.

c. Typical uses and physical appearance.

d. A summary of abatement control options.

2. Potential health effects related to asbestos exposure.

a. The nature of asbestos-related diseases.

b. Routes of exposure, dose-response relationships and the lack of a safe

exposure level.

c. Synergism between cigarette smoking and asbestos exposure.

d. Latency period for disease.

3. Employee personal protective equipment.

a. Classes and characteristics of respirator types.

b. Limitations of respirators and their proper selection, inspection, donning, use,

maintenance, and storage procedures.

c. Methods for field testing of the face piece-to-face seal (positive and negative

pressure fitting tests).

d. Qualitative and quantitative fit testing procedures.

e. Variability between field and laboratory protection factors.

f. Factors that alter respirator fit (e.g., facial hair).

g. The components of a proper respiratory protection program.

h. Selection and use of personal protective clothing; use, storage, and handling

of nondisposable clothing.

i. Regulations covering personal protective equipment.

4. State-of-the-art work practices.

a. Asbestos abatement activities including descriptions of construction and

maintenance of barriers and decontamination enclosure systems.

b. Positioning of warning signs.

c. Electrical and ventilation system lock-out.

d. Working techniques for minimizing fiber release, use of wet methods, use of

negative pressure ventilation equipment, use of high efficiency particulate air

(HEPA) vacuums.

e. Clean-up and disposal procedures.

f. Work practices for removal, encapsulation, enclosure, and repair.

g. Emergency procedures for sudden releases.

h. Potential exposure situations, and transport and disposal procedures.

55

i. Recommended and prohibited work practices.

5. Personal hygiene.

a. Entry and exit procedures for the work area, use of showers, avoidance of

eating, drinking, smoking, and chewing (gum or tobacco) in the work area.

b. Potential exposures, including family exposure.

6. Additional safety hazards.

a. Hazards encountered during abatement activities and how to deal with them,

including electrical hazards, heat stress, air contaminants other than asbestos,

fire and explosion hazards.

b. Scaffold and ladder hazards.

c. Slips, trips and falls.

d. Confined spaces.

7. Medical monitoring.

a. OSHA requirements for a pulmonary function test.

b. Chest X-rays and a medical history for each employee.

8. Air monitoring.

a. Procedures to determine airborne concentrations of asbestos fibers.

b. Focusing on how personal air sampling is performed and the reasons for it.

9. Relevant federal, state and local regulatory requirements, procedures and

standards, with particular attention directed at relevant EPA, OSHA, and state

regulations concerning asbestos abatement workers and Department of

Transportation regulations (49 CFR 172 Subpart H), with emphasis on packaging

requirements and marking of containers of ACM waste.

10. Establishment of respiratory protection programs.

11. Training program review. A review of key aspects of the accredited

asbestos training program.

Historical Notes


Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-720. Examinations: Asbestos abatement worker.

Upon completion of an approved initial training program, a closed-book

examinationwill be administered. Demonstration testing will also be permitted as

part of the examination. Each examination shall cover the topics included in the

training program. Persons who pass the examination and fulfill the training

program requirements will receive a Certificate of Completion as specified in this

chapter. The following are the requirements for an examination:

1. Fifty multiple choice questions; and

2. Passing score: 70% correct.

Historical Notes


Register Volume 18, Issue 6, eff.

January 2, 2002.

18VAC15-20-730. Refresher training program.

NOTE: The above summarizes state law or legislation and is the property of the National Conference of State Legislatures (NCSL) and is intended as a reference for state legislators and their staff. NCSL makes no warranty, expressed or implied, or assumes any legal liability or responsibility for third party use of this information, or represents that its use by such third party would not infringe on privately owned rights.

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