Current through Register Vol. 43, No. 52, December 26, 2024
(a) Good standing. Each applicant wishing to
provide and teach lead activity training in Kansas shall be accredited as a
training provider and licensed by KDHE as a lead activity firm. Each applicant
desiring accreditation of the training courses for lead inspector, risk
assessor, lead abatement worker, lead abatement supervisor, project designer,
or lead-safe work practices, or any combination, under this regulation, who is
required to be registered and in good standing with the Kansas secretary of
state's office, shall submit a copy of the applicant's certificate of good
standing to KDHE.
(b) Application
to become a training provider for a training course. Completed applications
shall be submitted to KDHE. Each application shall include the following:
(1) A completed training provider course
accreditation application on a form provided by KDHE, which shall include the
following:
(A) The training provider's name,
address, and telephone number;
(B)
the lead activity firm license number;
(C) the name and date of birth of the
training manager;
(D) the name and
date of birth of the principal instructor for each course;
(E) the name and date of birth for any guest
instructor for each course;
(F) a
list of locations at which training will take place;
(G) a list of courses for which the training
provider is applying for accreditation; and
(H) a statement signed by the training
manager certifying that the information in the application for accreditation,
and any additional information included with the application, is true and
accurate to the best of the training manager's knowledge and understanding,
that the training provider will comply with K.A.R. 28-72-4 through K.A.R.
28-72-4c, and that the training provider will conduct lead training only in
those occupations in which the training provider has received
accreditation;
(2) a
copy of the student and instructor manuals;
(4) the course examination
blueprint;
(5) a copy of the
quality control plan as described in paragraph (d)(9) of this
regulation;
(6) a copy of a sample
course completion diploma as described in paragraph (d)(8) of this
regulation;
(7) a description of
the facilities and equipment to be used for lectures and hands-on
training;
(8) a description of the
activities and procedures that will be used for conducting the skills
assessment for each course;
(9) a
payment to KDHE for the applicable nonrefund-able accreditation fees specified
in K.A.R. 28-72-3, unless the training provider is a state, federally
recognized Indian tribe, local government, or nonprofit organization as
evidenced by a letter of determination issued by the IRS, which shall accompany
the application; and
(10)
documentation supporting the training manager's, principal instructor's, and
any guest instructor's qualifications.
(c) Procedure for issuance or denial of
training provider accreditation for a training course. The applicant shall be
informed by KDHE in writing that the application is approved, incomplete, or
denied.
(1) If an application is incomplete,
the notice shall include a list of additional information or documentation
required to complete the application.
(A)
Within 30 calendar days after the issuance date of the notice of incomplete
application, the applicant shall submit to KDHE, in writing, the information
requested in the written notice.
(B) Failure to submit the information
requested in the written notice within 30 calendar days shall result in denial
of the application for a training course accreditation.
(C) After the information in the written
notice is received, the applicant shall be informed by KDHE in writing that the
application is either approved or denied.
(2) If an application is approved, a two-year
accreditation certificate shall be issued by KDHE.
(3) If an application for training course
accreditation is denied, the specific reason or reasons for the denial shall be
stated in the notice of denial to the applicant.
(A) Training course accreditation may be
denied by the secretary pursuant to
K.S.A.
65-1,207(c), and amendments
thereto.
(B) If an application is
denied, the applicant may reap-ply for accreditation at any time.
(C) If an applicant is aggrieved by a
determination to deny accreditation, the applicant may request a hearing with
the office of administrative hearings, in accordance with the Kansas
administrative procedure act.
(d) Requirements for accreditation of a
training provider for a training course. For a training provider to maintain
accreditation from KDHE to offer a training course, the training provider shall
meet the following requirements:
(1) Training
manager. The training manager shall be a monetarily compensated direct employee
of the training provider who meets the requirements in subsection (e). The
training manager shall be responsible for ensuring that the training provider
complies at all times with the requirements in these regulations. The training
manager may designate guest instructors as needed to provide instruction
specific to the lecture, hands-on activities, or work practice components of a
course. The training manager shall ensure that each guest instructor meets the
requirements in subsection (f).
(2)
Principal instructor. The training provider, in coordination with the training
manager, shall designate a qualified principal instructor who meets the
requirements in subsection (f). The principal instructor shall be responsible
for the organization of the course and oversight of the teaching of all course
materials. The principal instructor shall be present during all classes or
presentations given by any guest instructor.
(3) Guest instructor. The training manager
may designate a guest instructor on an as-needed basis. No guest instructor
shall be allowed to teach an entire training course. Each guest instructor
shall meet the requirements in subsection (f).
(4) Training provider. The training provider
shall meet the curriculum requirements in K.A.R. 28-72-4a for each course
contained in the application for accreditation of a training
provider.
(5) Delivery of course.
The training provider shall ensure the availability of, and provide adequate
facilities for, the delivery of the lecture, course exam, hands-on training,
and assessment activities. This requirement shall include providing training
equipment that reflects current work practice standards in K.A.R. 28-72-13
through K.A.R. 28-72-21 and maintaining or updating the course materials,
equipment, and facilities as needed.
(6) Course exam. For each course offered, the
training provider shall conduct a monitored, written course exam at the
completion of each course. An oral exam may be administered in lieu of a
written course exam for the lead abatement worker course only. If an oral
examination is administered, the student shall be required to provide the
answers to the exam in writing.
(A) The
course exam shall evaluate each trainee's competency and proficiency.
(B) Each individual shall be required to
achieve a passing score on the course exam in order to successfully complete
any course and receive a course completion diploma.
(C) The training provider and the training
manager shall be responsible for maintaining the validity and integrity of the
course exam to ensure that the exam accurately evaluates each trainee's
knowledge and retention of the course topics.
(7) Hands-on skills assessment. For each
course offered, except for project designers, the training provider shall
conduct a hands-on skills assessment. The training manager shall maintain the
validity and integrity of the hands-on skills assessment to ensure that the
assessment accurately evaluates each trainee's performance of the work practice
procedures associated with the course topics.
(8) Course completion diploma. The training
provider shall issue a unique course completion diploma to each individual who
passes the training course. Each course completion diploma shall include the
following:
(A) The name, a unique
identification number, and the address of the individual;
(B) the name of the particular course that
the individual completed;
(C) the
dates of course attendance; and
(D)
the name, address, and telephone number of the training provider.
(9) Quality control plan. The
training manager shall develop and implement a quality control plan. The plan
shall be used to maintain or progressively improve the quality of the
accredited provider.
(A) This plan shall
contain at least the following elements:
(i)
Procedures for periodic revision of training materials and the course exam to
reflect innovations in the field;
(ii) procedures for the training manager's
annual review of the competency of the principal instructor; and
(iii) a review to ensure the adequacy of the
facilities and equipment.
(B) An annual report discussing the results
of the quality control plan shall be submitted to KDHE within one year
following accreditation and at each subsequent renewal.
(10) Access by KDHE. The training provider
shall allow KDHE to conduct audits as needed in order for KDHE to evaluate the
training provider's compliance with KDHE accreditation requirements. During
this audit, the training provider shall make available to KDHE all information
necessary to complete the evaluation. At KDHE's request, the training provider
shall also make documents available for photocopying.
(11) Recordkeeping. The training provider
shall maintain at its principal place of business, for at least five years, the
following records:
(A) All documents
specified in paragraphs (e)(2) and (f)(2) that demonstrate the qualifications
listed in paragraph (e)(1) for the training manager, and paragraph (f)(1) for
the principal instructor and any guest instructor;
(B) curriculum or course materials, or both,
and documents reflecting any changes made to these materials;
(C) the course examination and
blueprint;
(D) information
regarding how the hands-on skills assessment is conducted, including the
following:
(i) The name of the person
conducting the assessment;
(ii) the
criteria for grading skills;
(iii)
the facilities used;
(iv) the pass
and fail rate; and
(v) the quality
control plan as described in paragraph (d)(9);
(E) results of the students' hands-on skills
assessments and course exams, and a record of each student's course completion
diploma; and
(F) any other material
not listed in this paragraph (d)(11) that was submitted to KDHE as part of the
training provider's application for accreditation.
(12) Course notification. The training
provider shall notify KDHE in writing at least 14 calendar days before
conducting an accredited training course.
(A)
Each notification shall include the following information:
(i) The location of the course, if it will be
conducted at a location other than the training provider's training
facility;
(ii) the dates and times
of the course;
(iii) the name of
the course; and
(iv) the name of
the principal instructor and any guest instructors conducting the
course.
(B) If the
scheduled training course has been changed or canceled, the training provider
shall notify KDHE in writing at least 24 hours before the training course was
scheduled to begin.
(13)
Changes to a training course. Before any one of the following changes is made
to a training course, that change shall be submitted in writing to KDHE for
review and approval before the continuation of the training course:
(A) The course curriculum;
(B) the course examination;
(C) the course materials;
(D) the training manager, principal
instructors, or guest instructors; or
(E) the course completion diploma.
Within 60 calendar days after receipt of a change to a training
course, the provider shall be informed by KDHE in writing that the change is
either approved or disapproved. If the change is approved, the training
provider shall include the change in the training course. If the change is
disapproved, the training provider shall not include the change in the training
course.
(14)
Change of ownership. If a training provider changes ownership, the new owner
shall notify KDHE in writing at least 30 calendar days before the change of
ownership becomes effective. The notification shall include a new training
course provider accreditation application, the appropriate fee or fees, and the
date that the change of ownership will become effective. The new training
course provider accreditation application shall be processed according to this
regulation. The current training provider's accreditation shall expire on the
effective date specified in the notification of the change of
ownership.
(15) Change of address.
The training provider shall submit to KDHE a written notice of the training
provider's new address and telephone number, and a description of the new
training facility. The training provider shall submit this information to KDHE
not later than 30 days before relocating its business or transferring its
records.
(e) Training,
education, and experience requirements for the training manager.
(1) The education or experience requirements
for the training manager shall include one year of experience in lead or
asbestos abatement, painting, carpentry, renovation, remodeling, safety and
health, or industrial hygiene, and at least one of the following:
(A) A minimum of two years of experience in
teaching or training adults;
(B) a
bachelor's or graduate degree in building construction technology, engineering,
industrial hygiene, safety, public health, business administration, or
education; or
(C) a minimum of two
years of experience in managing a training program specializing in
environmental hazards.
(2) The following records of experience and
education shall be recognized by KDHE as evidence that the individual meets or
exceeds KDHE requirements for a training manager:
(A) Resumes, letters of reference from past
employers, or documentation to evidence past experience that includes specific
dates of employment, the employer's name, address, telephone number, and
specific job duties, as evidence of meeting the experience requirements;
and
(B) official academic
transcripts or diplomas, as evidence of meeting the education
requirements.
(f) Training, education, and experience
requirements for the principal instructor and any guest instructor.
(1) The training, education, and experience
requirements for the principal instructor and any guest instructor of a
training course shall include the following:
(A) At least one year of experience in
teaching or training adults; and
(B) at least one year of experience in lead
or asbestos abatement, painting, carpentry, renovation, remodeling,
occupational safety and health, or industrial hygiene, or an associate degree
or higher from a postsecondary educational institution in building construction
technology, engineering, safety, public health, or industrial
hygiene.
(2) The
following records of experience and education shall be recognized by KDHE as
evidence that the individual meets or exceeds KDHE requirements for a principal
instructor:
(A) Course completion diplomas
issued by the training provider as evidence of meeting the training
requirements and a current copy of the KDHE certification for the disciplines
that the principal instructor desires to teach;
(B) official academic transcripts or
diplomas, as evidence of meeting the education requirements; and
(C) resumes, letters of reference from past
employers, or documentation to evidence past experience that includes specific
dates of employment, the employer's name, address, telephone number, and
specific job duties, as evidence of meeting the experience
requirements.
(g)
(1)
Training provider accreditation may be suspended or revoked by the secretary
pursuant to
K.S.A.
65-1,207(c), and amendments
thereto.
(2) Before suspending or
revoking a training provider's accreditation, a training provider shall be
given written notice of the reasons for the suspension or revocation. The
training provider may request a hearing with the office of administrative
hearings, in accordance with the Kansas administrative procedure act.
(h) Renewal of accreditation.
(1) Unless revoked sooner, a training
provider's accreditation shall expire two years after the date of issuance. If
a training provider meets the requirements of this regulation and K.A.R.
28-72-4a, the training provider shall be reaccredited.
(2) Each training provider seeking
reaccreditation shall submit an application to KDHE at least 60 calendar days
before the provider's accreditation expires. If a training provider does not
submit its application for reaccredita-tion by that date, the provider's
reaccreditation before the end of the accreditation period shall not be
guaranteed by KDHE.
(3) The
training provider's application for reaccredita-tion shall contain the
following:
(A) A completed training provider
course accreditation application on a form provided by KDHE, which shall
include the following:
(i) The training
provider's name, address, and telephone number;
(ii) the name and date of birth of the
training manager;
(iii) the name
and date of birth of the principal instructor for each course;
(iv) a list of locations at which training
will take place;
(v) a list of
courses for which the training provider is applying for reaccreditation;
and
(vi) a statement signed by the
training manager certifying that the information provided in the application
for reaccreditation, and any additional information included with the
application, is true and accurate to the best of the training manager's
knowledge and understanding, that the training provider will comply with K.A.R.
28-72-4 and K.A.R. 28-72-4a, and that the training provider will conduct lead
training only in those occupations in which the training provider has received
accreditation;
(B) a
list of courses for which the training provider is applying for
reaccreditation;
(C) a description
of any changes to the training facility, equipment, or course materials since
the training provider's last application was approved that adversely affects
the students' ability to learn; and
(D) a payment to KDHE for the nonrefundable
fees specified in K.A.R. 28-72-3, as applicable, unless the training provider
is a state, federally recognized Indian tribe, local government, or nonprofit
organization as evidenced by a letter of determination issued by the IRS, which
shall accompany the application.
(i) If the training provider has allowed its
accreditation to expire and the provider desires to be accredited, it shall
reapply in the same manner as that required for an application for an original
accreditation in accordance with this regulation.