Current through Register Vol. 50, No. 9, September 20, 2024
A. The
recognized asbestos training providers (RATP)
as defined in LAC 33:III.2703.A and its principal trainers shall comply with
and direct others to comply with LAC 33:III.Chapters 27 and 51, and other
applicable federal, state, and local regulations.
B. Asbestos Training Course Requirements. The
courses conducted by the RATP and its principal trainers shall meet the
following requirements.
1. Training courses
shall:
a. meet the requirements of LAC
33:III.2799, Appendix A and TSCA title II; and
b. be directed to the training materials and
be conducted in a professional manner.
2. Initial training courses shall:
a. include a minimum of two training hours of
instruction as provided in LAC 33:III.Chapters 27 and 51; and
b. be taught according to the criteria and
length of time as specified in LAC 33:III.2799, Appendix A, Subsection
A.
3. Refresher training
courses shall be taught according to the criteria and length of time as
specified in LAC 33:III.2799, Appendix D.
4. Principal Trainers. The principal trainer
shall not be a student in the course.
5. Training in a Foreign Language
a. The training materials used shall be
written in the language used for teaching the class.
b. The principal trainer shall be fluent in
the language in which the class is being taught to the students.
c. Each student taking the class shall be
fluent in the language used by the principal trainer.
6. Training Facility. The instruction room
shall be housed in a commercial or industrial type setting.
a. The room shall be set up in classroom
style setting with an instruction board for the principal trainer to write on,
seats, and flat writing surfaces for the students.
b. The size of the room shall be adequate for
instruction, including presentation equipment and hands on training.
7. The principal trainers may
utilize guest instructors.
8.
Training Materials
a. Audio-visual methods,
such as the use of overheads, slides, and projectors may be used as
supplemental training materials.
b.
The training materials shall be applicable to the class being taught and
include the latest version of the course materials submitted to the department
with the initial or renewal application.
c. The training materials shall include the
most current versions of the DEQ forms posted on the department's
website.
9. Each student
shall be provided with a face photo to attach to his or her application for
accreditation.
10. Training Audits
a. Training course providers and principal
trainers shall permit representatives of EPA or the department to attend,
evaluate, and monitor any training course without charge.
b. Unannounced audits may be conducted by the
department to ensure compliance with federal and state requirements for
specific training courses.
C. Training Completion Certificates
1. Unique sequentially-numbered certificates
shall be issued to students who successfully pass the training course. The
certificate shall include:
a. student's
name;
b. form of photo
identification and associated number, (e.g., driver's license or state
identification card);
c. the course
completed and whether it is initial or refresher training;
d. dates of the training course and the
examination;
e. expiration date for
training that is one year after the date on which the student completed the
course;
f. language in which the
course was taught;
g. original
signature of the principal trainer(s);
h. the name, address, and telephone number of
the RATP;
i. the discipline for
which training was received; and
j.
a statement that the person receiving the certificate has completed the
requisite training for asbestos accreditation as required under this LAC
33:III.2799, Appendix A and the TSCA title II.
2. RATP who provide refresher training shall
provide training completion certificates in accordance with Subparagraph
C.1.a-j of this Section, except the examination date may be omitted.
D. Recordkeeping Requirements of
RATP. All RATP shall comply with the following minimum recordkeeping
requirements.
1. Training Course Materials. A
RATP shall retain copies of all instructional materials used in the delivery of
the classroom training such as student manuals, principal trainer notebooks,
and handouts.
2. Principal Trainer
Qualifications. A RATP shall retain copies of all principal trainers' resumes,
and the documents approving each principal trainer issued by the department in
advance whenever it changes course principal trainers. Records shall accurately
identify the principal trainers who taught each particular training course for
each date that a course is offered.
3. Examinations. A RATP shall document that
each person who receives an accreditation certificate for an initial training
course has achieved a passing score on the examination. These records shall
clearly indicate the date upon which the exam was administered, the training
course and discipline for which the exam was given, the name of the person who
proctored the exam, a copy of the exam, and the name and test score of each
person taking the exam. The topic and dates of the training course shall
correspond to those listed on that person's accreditation
certificate.
4. Training
Certificates. The RATPs shall maintain records that document the names of all
persons who have been awarded certificates, their certificate numbers, the
disciplines for which accreditation was conferred, training and expiration
dates, and the training location. The RATP shall maintain the records in a
manner that allows verification by telephone of the required
information.
5. The RATP shall
maintain all required records for a minimum of three years. The RATP, however,
may retain these records for a longer period of time.
6. The RATP shall allow reasonable access to
all of the records required by LAC 33:III.2799, Appendix A, and to any other
records which may be required for the approval of asbestos RATPs or the
accreditation of asbestos training courses to both EPA and to state agencies on
request.
7. If a RATP ceases to
conduct training, the RATP shall notify DEQ and give the department the
opportunity to take possession of the provider's asbestos training
records.
E. RATP
Notifications
1. The RATP shall notify the
Office of Environmental Services of any change in status of the training
organization, (e.g., pending fines, notices of violation, changes in principal
trainer status, etc.).
2. The RATP
shall notify the Office of Environmental Services of the courses that will be
taught, including where, when, and who will conduct the class.
a. The course notification shall include the
address of all of the physical locations where the training will be held and
the dates for each location.
b. The
course notification form shall include the name of each principal trainer for
each training course.
c. The course
notification shall be received in writing, fax, via email, or other methods of
submittal approved by the Office of Environmental Services at least five
working days prior to class commencement, or one working day prior to class
commencement, if only the Louisiana regulations course will be
taught.
3. Notification
of cancellation of classes, rescheduling, or amendment of notification shall:
a. be received in writing, fax, via email, or
other methods of submittal approved by the Office of Environmental Services one
day before the class should have commenced; and
b. indicate the date and time of the course
that is being cancelled, rescheduled or amended;
c. rescheduled classes or amended
notifications shall also indicate the changes that are being requested. This
includes, but is not limited to day, time, locations, principal trainer,
etc.
4. Within 10
working days of the completion of a class, the following shall be received by
the Office of Environmental Services in a format approved by the department:
a. a complete roster of trainees and each
principal trainer participating in the course;
b. a class photograph with a legible name on
the back or at the bottom identifying each student and principal
trainer;
c. each student's official
identification number (e.g., driver's license, state identification card, or
passport);
d. a 1" x 1 1/4"
photograph of the face (front view) of each student;
e. the name of each principal trainer who
taught the class; and
f. each
student's examination grades.
i. If a student
fails an initial exam, the roster shall include the word "failed" adjacent to
the name on the roster.
ii. If a
student retakes a previously failed exam, a separate notification shall be
received by the Office of Environmental Services within five working days of
the exam.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2344 and
40:1749.1.