Current through Register Vol. 50, No. 9, September 20, 2024
B. Initial
Training. The following are the initial training course requirements for
persons required to have accreditation under LAC 33:III.2739 and Paragraph F.1
of this Section.
1. Inspectors. All persons
who inspect for ACM in facilities regulated under LAC 33:III.Chapters 27 and
51, including but not limited to schools, and state buildings, shall be trained
in accordance with this Section and accredited by the department. All persons
seeking accreditation as inspectors shall complete a three-day training course
as outlined below. The three-day program shall include lectures,
demonstrations, four training hours of hands-on training, individual respirator
fit testing, course review, and a written examination. The use of audiovisual
materials is recommended to complement lectures, where appropriate. The
inspector training course shall adequately address the following topics.
Hands-on training shall include conducting a simulated building walk-through
inspection and respirator fit testing.
a.
Background Information on Asbestos: identification of asbestos; examples and
discussion of the uses and locations of asbestos in buildings; physical
appearance of asbestos.
b.
Potential Health Effects Related to Asbestos Exposure: the nature of
asbestos-related diseases; routes of exposure; dose-response relationships and
the lack of a safe exposure level; the synergistic effect between cigarette
smoking and asbestos exposure; the latency period for asbestos-related
diseases; a discussion of the relationship of asbestos exposure to asbestosis,
lung cancer, mesothelioma, and cancer of other organs.
c. Functions/Qualifications and Role of
Inspectors: discussions of prior experience and qualifications for inspectors
and management planners; discussions of the functions of an accredited
inspector as compared to those of an accredited management planner; discussion
of the inspection process including inventory of ACM and physical
assessment.
d. Legal Liabilities
and Defenses: responsibilities of the inspector and management planner; a
discussion comprehensive general liability policies, claims made and occurrence
policies, environmental and pollution liability policy clauses; state liability
insurance requirements; bonding and the relationship of insurance availability
to bond availability.
e.
Understanding Building Systems: the interrelationship between building systems,
including an overview of common building physical plant layouts; heat,
ventilation, and air conditioning (HVAC) system types-physical organization and
where asbestos is found on HVAC components; building mechanical systems, their
types and organization, and where to look for asbestos on such systems;
inspecting electrical systems, including appropriate safety precautions;
reading blueprints and as-build drawings.
f. Public/Employee/Building Occupant
Relations: notifying employee organizations about the inspection; signs to warn
building occupants; tact in dealing with occupants and the press; scheduling of
inspections to minimize disruption; and education of building occupants about
actions being taken.
g.
Pre-Inspection Planning and Review of Previous Inspection Records: scheduling
the inspection and obtaining access; building record review; identification of
probable homogeneous areas from blueprints or as-built drawings; consultation
with maintenance or building personnel; review of previous inspection,
sampling, and abatement records of a building; the role of the inspector in
exclusions for previously performed inspections.
h. Inspecting for Friable and Nonfriable
Asbestos-Containing Material (ACM) and Assessing the Condition of Friable ACM:
procedures to follow in conducting visual inspections for friable and
nonfriable ACM; types of building materials that may contain asbestos; touching
materials to determine friability; open return air plenums and their importance
in HVAC systems; assessing damage, significant damage, potential damage, and
potential significant damage; amount of suspected ACM, both in total quantity
and as a percentage of the total area; type of damage; accessibility;
material's potential for disturbance; known or suspected causes of damage or
significant damage; deterioration algorithm methods as assessment
factors.
i. Bulk
Sampling/Documentation of Asbestos in Buildings: detailed discussion of the
"Simplified Sampling Scheme for Friable Surfacing Materials (EPA 560/585-030a
October 1985);" techniques to ensure that sampling is randomly distributed for
other than friable surfacing materials; sampling of nonfriable materials;
techniques for bulk sampling; sampling equipment the inspector should use;
additional sampling requirements and chain-of-custody forms if litigation is
anticipated; patching or repair of damage done in sampling; an inspector's
repair kit; discussion of polarized light microscopy; choosing an accredited
laboratory to analyze bulk samples; quality control and quality assurance
procedures. The department recommends that all samples be analyzed by a
laboratory that meets the requirements of LAC 33:I.Subpart 3.Chapters
45-59.
j. Inspector Respiratory
Protection and Personal Protective Equipment: classes and characteristics of
respirator types; limitations of respirators; proper selection, inspection,
donning, use, maintenance, and storage procedures for respirators; methods for
field testing of the facepiece-to-mouth seal (positive and negative pressure
fitting tests); qualitative and quantitative fit testing procedures and their
applicability; variability between field and laboratory protection factors;
factors that alter respirator fit (e.g., facial hair); the components of a
proper respiratory protection program; selection and use of personal protective
clothing; and use, storage, and handling of nondisposable clothing.
k. Recordkeeping and Writing the Inspection
Report: labeling of samples and keying sample identification to sampling
location; recommendations on sample labeling; detailing of ACM inventory;
photographs of selected sampling areas and examples of ACM condition;
information required for inclusion in the management plan by LAC
33:III.2723.
l. Regulatory Review:
EPA Worker Protection Rule in 40 CFR 763, subpart G, TSCA title II; OSHA
asbestos construction standard
29 CFR
1926.1101 et seq.; OSHA respirator
requirements found at
29 CFR
1910.134 et seq.; the Asbestos-Containing
Materials in Schools and State Buildings Regulation found at LAC 33:III.Chapter
27; LAC 33:III.Chapter 51, Subchapter M; and differences in federal/state
requirements where they apply and the effects, if any, on public and nonpublic
schools, state and commercial or public buildings.
m. Field Trip: inclusion of a field exercise
including a walk-through inspection; on-site discussion on information
gathering and determination of sampling locations; on-site practice in physical
assessment; classroom discussion of field exercise.
n. Course Review: review of key aspects of
the training course.
2.
Management Planners. All persons who prepare management plans for facilities
regulated under LAC 33:III.Chapters 27 and 51, including but not limited to
schools and state buildings shall be trained in accordance with this Section
and accredited by the department. Possession of current and valid inspector
accreditation shall be a prerequisite for admission to the management planner
training course. All persons seeking accreditation as management planners shall
complete an inspection training course as outlined above and a two-day
management planning training course. The two-day training program shall include
lectures, demonstration, course review, and a written examination. The use of
audiovisual materials is recommended to complement lectures, where appropriate.
The management planner training course shall adequately address the following
topics.
a. Course Overview: the role of the
management planner; operations and maintenance programs; setting work
priorities; protecting building occupants.
b. Evaluation/Interpretation of Survey
Results: review of TSCA Title II requirements for inspection and management
plans as given in LAC 33:III.2723; summarized field data and laboratory
results; comparison of field inspector's data sheet with laboratory results and
site survey.
c. Hazard Assessment:
amplification of the difference between physical assessment and hazard
assessment; the role of the management planner in hazard assessment;
explanation of significant damage, damage, potential damage, and potential
significant damage; use of a description (or decision tree) code for assessment
of ACM; assessment of friable ACM; relationship of accessibility, vibration
sources, use of adjoining space, and air plenums and other factors to hazard
assessment.
d. Legal Implications:
liability; insurance issues specific to planners; liabilities associated with
interim control measures, in-house maintenance, repair, and removal; use of
results from previously performed inspections.
e. Evaluation and Selection of Control
Options: overview of encapsulation, enclosure, interim operations and
maintenance, and removal; advantages and disadvantages of each method; response
actions described via a decision tree or other appropriate method; work
practices for each response action; staging and prioritizing of work in both
vacant and occupied buildings; the need for containment barriers and
decontamination in response actions.
f. Roles of Other Professionals: use of
industrial hygienists, engineers, and architects in developing technical
specifications for response actions; any requirements that may exist for
architect sign-off of plans; team approach to design of high-quality job
specifications.
g. Developing an
Operations and Maintenance (O and M) Plan: purpose of the plan; discussion of
applicable EPA guidance documents; what actions should be taken by custodial
staff; proper cleaning procedures; steam cleaning and high-efficiency
particulate aerosol (HEPA) vacuuming; reducing disturbance of ACM; scheduling O
and M for off-hours; rescheduling or canceling renovation in areas with ACM;
boiler room maintenance; disposal of ACM; in-house procedures for ACM-bridging
and penetrating encapsulants; pipe fittings; metal sleeves; polyvinyl chloride
(PVC), canvas, and wet wraps; muslin with straps; fiber mesh cloth; mineral
wool, and insulating cement; discussion of employee protection programs and
staff training; case study in developing an O and M plan (development,
implementation process, and problems that have been experienced).
h. Regulatory Review: focusing on the OSHA
asbestos construction standard
29 CFR
1926.1101 et seq.; LAC 33:III.Chapter 51,
Subchapter M; LAC 33:III.Chapter 27; EPA worker protection rule in 40 CFR 763,
subpart G.
i. Recordkeeping for the
Management Planner: use of field inspector's data sheet along with laboratory
results; ongoing recordkeeping as a means of tracking asbestos disturbance;
procedures for recordkeeping.
j.
Assembling and Submitting the Management Plan: plan requirements in LAC
33:III.2723; the management plan as a planning tool; the proper completion and
submittal of required elements for management plans, Form AAC-8.
k. Financing Abatement Actions: economic
analysis and cost estimates; development of cost estimates; present costs of
abatement versus future operations and maintenance costs; Asbestos School
Hazard Abatement Act grants and loans.
l. Course Review: review of key aspects of
the training course.
NOTE: Persons who perform the management planner role in
public and commercial buildings are not required to be accredited. However,
persons may find this training and accreditation helpful in preparing them to
design or administer asbestos operations and maintenance programs for public
and commercial buildings.
3. Abatement Project Designers. A person
shall be trained in accordance with this Section and accredited by the
department as a project designer to design any of the following activities with
respect to RACM in facilities regulated under LAC 33:III.Chapters 27 and 51,
including but not limited to a school or state building: a response action
other than a SSSD maintenance activity, a maintenance activity that disturbs
friable ACBM other than a SSSD maintenance activity, or a response action for a
major fiber release episode. All persons seeking accreditation as abatement
project designers shall complete a three-day abatement project designer
training course as outlined below. The three-day abatement project designer
training program shall include lectures, demonstrations, a field trip, course
review, and a written examination. The use of audiovisual materials to
complement lecturers, where appropriate, is recommended. The three-day
abatement project designer training course shall adequately address the
following topics.
a. Background Information on
Asbestos: identification of asbestos; examples and discussion of the uses and
locations of asbestos in buildings; physical appearance of asbestos.
b. Potential Health Effects Related to
Asbestos Exposure: nature of asbestos-related diseases; routes of exposure;
dose-response relationships and the lack of a safe exposure level; the
synergistic effect between cigarette smoking and asbestos exposure; the latency
period of asbestos-related diseases; a discussion of the relationship between
asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancer of
other organs.
c. Overview of
Abatement Construction Projects: abatement as a portion of a renovation
project; OSHA requirements for notification of other contractors on a
multi-employer site (29 CFR
1926.1101(d)).
d. Safety System Design Specifications:
construction and maintenance of containment barriers and decontamination
enclosure systems; positioning of warning signs; electrical and ventilation
system lock-out; proper working techniques for minimizing fiber release; entry
and exit procedures for the work area; use of wet methods; use of negative
pressure exhaust ventilation equipment; use of high-efficiency particulate air
(HEPA) vacuums; proper cleanup and disposal of asbestos; work practices as they
apply to encapsulation, enclosure, and repair; use of glove bags and a
demonstration of glove-bag use.
e.
Field Trip: visit to an abatement site or other suitable building site,
including on-site discussions of abatement design, building walk-through
inspection, and discussion of rationale for the concept of functional spaces
during the walk-through.
f.
Employee Personal Protective Equipment: the classes and characteristics of
respirator types; limitations of respirators; proper selection, inspection,
donning, use, maintenance, and storage procedures; methods for field testing of
the facepiece-to-face seal (positive and negative pressure fitting tests);
qualitative and quantitative fit testing procedures; variability between field
and laboratory protection factors; factors that alter respirator fit (e.g.,
facial hair); components of a proper respiratory protection program; selection
and use of personal protective clothing, including use, storage, and handling
of nondisposable clothing; regulations covering personal protective
equipment.
g. Additional Safety
Hazards: 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.
h. Fiber Aerodynamics and Control:
aerodynamic characteristics of asbestos fibers; importance of proper
containment barriers; settling time for asbestos fibers; wet methods in
abatement; aggressive air monitoring after abatement; aggressive air movement
and negative pressure exhaust ventilation as a cleanup method.
i. Designing Abatement Solutions: discussions
of removal, enclosure, and encapsulation methods; asbestos waste
disposal.
j. Final Clearance
Process: discussion of the need for a written sampling rationale for aggressive
final air clearance; requirements of a complete visual inspection; the
relationship of the visual inspection to final air clearance; and discussion of
the use of TEM analysis in the final clearance process.
k. Budgeting/Cost Estimation: development of
cost estimates; present costs of abatement versus future operations and
maintenance costs; setting priorities for abatement jobs to reduce
cost.
l. Writing Abatement
Specifications: preparation of and need for a written project design; means and
methods specifications versus performance specifications; design of abatement
in occupied buildings; modification of guide specifications to fit a particular
building; worker and building occupant health/medical considerations;
replacement of ACM with nonasbestos substitutes; clearance of work area after
abatement; air monitoring for clearance.
m. Preparing Abatement Drawings: significance
and need for drawings, use of as-built drawings; use of inspection photographs
and on-site reports; methods of preparing abatement drawings; diagramming
containment barriers; relationship of drawings to design specifications;
particular problems with abatement drawings.
n. Contract Preparation and
Administration
o.
Legal/Liabilities/Defenses: insurance considerations; bonding; hold harmless
clauses; use of abatement contractor's liability insurance; claims-made versus
occurrence policies.
p.
Replacement: replacement of asbestos with asbestos-free substitutes.
q. Roles of Other Consultants: development of
technical specification sections by industrial hygienists or engineers; the
multidisciplinary team approach to abatement design.
r. Occupied Buildings: special design
procedures required in occupied buildings; education of occupants; extra
monitoring recommendations; staging of work to minimize occupant exposure;
scheduling of renovation to minimize exposure.
s. Relevant Federal, State, and Local
Regulatory Requirements: procedures and standards, including:
i. requirements of TSCA title II;
ii. LAC 33:III.Chapter 51, Subchapter M,
Asbestos;
iii. LAC 33:III.Chapter
27, Asbestos-Containing Material in Schools and Public Buildings;
iv. OSHA standards for permissible exposure
to airborne concentrations of asbestos fibers and respiratory protection
(29 CFR
1910.1001(c) or
29 CFR
1926.1101(c), whichever is
applicable);
v. Worker protection
rule, in 40 CFR 763, subpart G; and
vi. OSHA asbestos construction standard in
29 CFR
1926.1101 et seq., and OSHA hazard
communication standard found at
29 CFR
1910.1200.
t. Course Review: a review of key aspects of
the training course.
4.
Asbestos Abatement Contractor/Supervisors. A person shall be trained in
accordance with this Section and accredited by the department as a
contractor/supervisor to supervise any of the following activities with respect
to RACM in facilities regulated under LAC 33:III.Chapters 27 and 51, including
but not limited to a school or state building,: a response action other than a
SSSD activity, a maintenance activity that disturbs RACM other than a SSSD
activity, or a response action for a major fiber release episode. All persons
seeking accreditation as asbestos abatement supervisors shall complete a
five-day training course as outlined below. The training course shall include
lectures, demonstrations, at least 14 training hours of hands-on training,
individual respirator fit testing, course review, and a written examination.
The hands-on training shall include abatement work activities to include
working with asbestos-substitute materials, the use of glove bags and
protective clothing, proper bagging and wrapping, and constructing a
decontamination unit. The use of audiovisual materials is recommended to
complement lectures, where appropriate. For purposes of Louisiana state
accreditation, asbestos abatement supervisors include those persons who provide
supervision and direction to workers engaged in asbestos removal,
encapsulation, enclosure, or repair. Supervisors may include those individuals
with the position title of foreman, working foreman, or leadman pursuant to
collective bargaining agreements. At least one supervisor is required to be at
the worksite at all times while work is in progress. Asbestos workers must have
access to accredited supervisors throughout the duration of the project.
Contracted air-monitoring personnel shall be trained in accordance with this
Section and accredited as contractor/supervisor. Hands-on training shall permit
supervisors to have actual experience performing tasks associated with asbestos
abatement. The supervisor's training course shall adequately address the
following topics.
a. The Physical
Characteristics of Asbestos and Asbestos-Containing Materials: identification
of asbestos; aerodynamic characteristics; typical uses; physical appearance; a
review of hazard assessment considerations; summary of abatement control
options.
b. Potential Health
Effects Related to Asbestos Exposure: the nature of asbestos-related diseases;
routes of exposure; dose-response relationships and the lack of a safe exposure
level; synergism between cigarette smoking and asbestos exposure; latency
period for disease.
c. Employee
Personal Protective Equipment: classes and characteristics of respirator types;
limitations of respirators and their proper selection, inspection, donning,
use, maintenance, and storage procedures; methods for field testing of the
facepiece-to-face seal (positive and negative pressure fitting tests);
qualitative and quantitative fit testing procedures; variability between field
and laboratory protection factors; factors that alter respirator fit (e.g.,
facial hair); the components of a proper respiratory protection program;
selection and use of personal protective clothing, including use, storage, and
handling of nondisposable clothing; regulations covering personal protective
equipment.
d. State-of-the-Art Work
Practices: proper work practices for asbestos abatement activities, including
descriptions of proper construction and maintenance of barriers and
decontamination enclosure systems; positioning of warning signs; electrical and
ventilation system lockout; proper working techniques for minimizing fiber
release; use of wet methods; use of negative pressure ventilation equipment;
use of high-efficiency particulate air (HEPA) vacuums; proper cleanup and
disposal procedures, including bagging and wrapping; work practices for
removal, encapsulation, enclosure, and repair; emergency procedures for sudden
releases; potential exposure situations; transport and disposal procedures;
recommended and prohibited work practices. Discussion of new abatement-related
techniques and methodologies may be included.
e. Personal Hygiene: 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. Potential exposures,
such as family exposure, shall also be included.
f. Additional Safety Hazards: 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, scaffold and ladder hazards, slips, trips, and falls, and
confined spaces.
g. Medical
Monitoring: OSHA and EPA Worker protection rule requirements for physical
examinations, including a pulmonary function test, chest x-rays, and a medical
history for each employee.
h. Air
Monitoring: procedures to determine airborne concentrations of asbestos fibers,
including a description of aggressive sampling, sampling equipment and methods,
reasons for air monitoring, types of samples, and interpretation of results,
specifically from analysis performed by polarized light, phase-contrast, and
electron microscopy analyses.
i.
Relevant Federal, State, and Local Regulatory Requirements: procedures and
standards, including:
i. requirements of TSCA
title II;
ii. LAC 33:III.Chapter
51, Subchapter M. Asbestos;
iii.
LAC 33:III.Chapter 27, Asbestos-Containing Material in Schools and State
Buildings regulation;
iv. OSHA
standards for permissible exposure to airborne concentrations of asbestos
fibers (29 CFR
1910.1001(c)),
29 CFR
1926.1101(c) and respiratory
protection (29 CFR
1910.134 et seq.);
v. OSHA asbestos construction standard
(29 CFR
1926.1101 et seq.; and
vi.40 CFR 763, subpart G, worker protection
rule.
j. Respiratory
protection programs and medical surveillance programs:
i. OSHA standards for respiratory protection
(29 CFR
1910.134 et seq.);
ii. OSHA protection factors for respirators
(29 CFR
1910.1001(g) et seq. and
medical surveillance (29 CFR
1926.1101(m); and
iii. EPA protection factors for respirators
(40 CFR
763.122).
k. Insurance and Liability Issues: contractor
issues; worker's compensation coverage and exclusions; third-party liabilities
and defenses; insurance coverage and exclusions.
l. Recordkeeping for Asbestos Abatement
Projects: records required by federal, state, and local regulations; records
recommended for legal and insurance purposes.
m. Supervisory Techniques for Asbestos
Abatement Activities: supervisory practices to enforce and reinforce the
required work practices and discourage unsafe work practices.
n. Contract Specifications: discussion of key
elements that are included in contract specifications.
o. Course Review: review of key aspects of
the training course.
5.
Asbestos Abatement Workers. A person shall be trained in accordance with this
Section and accredited as a worker by the department to carry out any of the
following activities with respect to RACM in facilities regulated under LAC
33:III.Chapters 27 and 51, including but not limited to a school or state
building: response action other than a SSSD activity, a maintenance activity
that disturbs RACM other than a SSSD activity, or a response action for a major
fiber release episode. All persons seeking accreditation as asbestos abatement
workers shall complete at least a four-day training course as outlined below.
The worker training course shall include lectures, demonstrations, at least 14
training hours of hands-on training, individual respirator fit testing, course
review, and an examination. The hands-on training shall include abatement work
activities to include working with asbestos-substitute materials, the use of
glove bags and protective clothing, proper bagging and wrapping, and
constructing a decontamination unit. The use of audiovisual materials is
recommended to complement lectures, where appropriate. Hands-on training shall
permit workers to have actual experience performing tasks associated with
asbestos abatement. A person who is otherwise accredited as a
contractor/supervisor may perform in the role of a worker without possessing
separate accreditation as a worker. The training course shall adequately
address the following topics.
a. Physical
Characteristics of Asbestos: identification of asbestos, aerodynamic
characteristics, typical uses, and physical appearance, and a summary of
abatement control options.
b.
Potential Health Effects Related to Asbestos Exposure: the nature of
asbestos-related diseases, routes of exposure, dose-response relationships, and
the lack of a safe exposure level; synergism between cigarette smoking and
asbestos exposure; latency period for disease and a discussion of the
relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and
cancers of other organs.
c.
Employee Personal Protective Equipment: classes and characteristics of
respirator types; limitations of respirators and their proper selection,
inspection, donning, use, maintenance, and storage procedures; methods for
field testing of the facepiece-to-face seal (positive and negative pressure
fitting tests); qualitative and quantitative fit testing procedures;
variability between field and laboratory protection factors; factors that alter
respirator fit (e.g., facial hair); the components of a proper respiratory
protection program; selection and use of personal protective clothing; use,
storage, and handling of nondisposable clothing; and regulations covering
personal protective equipment.
d.
State-of-the-Art Work Practices: proper work practices for asbestos abatement
activities including descriptions of proper construction and maintenance of
barriers and decontamination enclosure systems; positioning of warning signs;
electrical and ventilation system lockout; proper working techniques for
minimizing fiber release; use of wet methods; use of negative pressure
ventilation equipment; use of high-efficiency particulate air (HEPA) vacuums;
proper cleanup and disposal procedures including wrapping and bagging; work
practices for removal, encapsulation, enclosure, and repair, emergency
procedures for sudden releases; potential exposure situations; transport and
disposal procedures; and recommended and prohibited work practices.
e. Personal Hygiene: 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; potential exposures,
such as family exposure.
f.
Additional Safety Hazards: 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, scaffold and
ladder hazards, slips, trips, falls, and confined spaces.
g. Medical Monitoring: OSHA and EPA Worker
Protection Rule requirements for a pulmonary function test, chest x-rays, and a
medical history for each employee.
h. Air Monitoring: procedures to determine
airborne concentrations of asbestos fibers, focusing on how personal air
sampling is performed and the reasons for it.
i. Relevant Federal, State and Local
Regulatory Requirements, Procedures, and Standards: particular attention
directed at relevant EPA, OSHA, and state regulations concerning asbestos
abatement workers.
j. Establishment
of respiratory protection programs.
k. Course Review: review of key aspects of
the training course.
F. Accreditation of Agents
1. Accreditation is required for:
a. persons who inspect for the presence of
asbestos in facilities regulated under LAC 33:III.Chapters 27 and 51, including
but not limited to schools and/or state buildings;
b. persons who develop management plans for
schools and/or state buildings, or those buildings used or leased by the
state;
c. persons who design or
carry out response actions for facilities regulated under LAC 33:III.Chapters
27 and 51, including but not limited to schools and/or state buildings
involving RACM (other than SSSD);
d. persons contracted to perform air
monitoring in facilities regulated under LAC 33:III.Chapters 27 and 51,
including but not limited to schools and state buildings;
e. persons contracted to strip, remove, or
otherwise handle or disturb RACM in facilities regulated under LAC
33:III.Chapters 27 and 51, including but not limited to schools, or state
buildings.
2.
Application for Accreditation. The applicant for accreditation shall submit the
following items:
a. the latest version of a
completed and legible asbestos accreditation affidavit, Form AAC-1 (which may
be obtained from the Office of Environmental Services or through the
department's website) that contains:
i. the
applicant's name, address, telephone number, fax number, and email
address;
ii. the applicant's
driver's license or state identification number and the issuing
state;
iii. the name, address,
telephone number, fax number, and email address of the applicant's
employer;
iv. an identification of
the disciplines in which accreditation is sought;
v. Form AAC-1 statement of regulation
possession, knowledge and enforceability;
vi. the applicant's previous agency interest
number (AI #), if applicable; and
vii. the applicant's signature and the date
of application;
b. a
copy of the current class training certificate. First-time applicants shall
also submit copies of initial training and all subsequent refresher (update)
certificates;
i. the training course(s) shall
have at least contingent approval from EPA or be approved by a state authorized
by the EPA to approve training courses;
ii. applicants seeking accreditation from
Louisiana that received current training from providers recognized by EPA or an
EPA-authorized state not recognized by Louisiana shall also submit proof of a
current two-hour training course in current Louisiana regulations from a
Louisiana RATP (reciprocity);
c. applications for inspector, management
planner, and project designer shall include, where applicable:
i. a copy of a high school diploma, general
educational development (GED) certificate or documentation of the highest level
of education achieved (including as necessary, a bachelor's degree in a related
field);
ii. a copy of proof of
certification registration or license to practice as an architect, certified
industrial hygienist, or a professional engineer;
d. applicable fees as noted in LAC
33:III.223;
e. a 1" x 1 1/4"
photograph of the applicant's face (front view) labeled with their
name.
3. The completed
application with applicable fees (LAC 33:III.223) shall be sent to the Office
of Environmental Services.
4.
Persons shall be considered accredited upon receipt of a certificate of
accreditation or identification card issued by the department.
5. Approved Applications
a. Accreditation numbers shall be issued to
all approved agents.
b. A qualified
individual seeking accreditation shall be issued accreditation certificates,
which expire one year after the last day of his or her most recent training
course.
6. Renewal of
Accreditation
a. To renew accreditation, all
persons shall submit an application in accordance with the requirements of
Paragraph F.2 of this Appendix.
b.
A qualified individual shall maintain continuous accreditation provided the
individual submits the required documents at least 30 days prior to his or her
expiration/renewal date.
i. If an individual
seeking reaccreditation has received refresher training within 90 days prior to
his or her existing expiration/renewal date, his or her accreditation shall be
extended for one year from the existing expiration/renewal date.
ii. If an individual seeking reaccreditation
has received refresher training earlier than 90 days prior to his or her
existing expiration/renewal date, his or her new expiration/renewal date will
be one year after the last day of his or her most current training.
c. If a qualified individual does
not submit an application for renewal within the time provided in Subparagraph
F.6.b of this Appendix, his or her accreditation will lapse at the expiration
of the term of the accreditation. A qualified individual may be reaccredited
upon an application for renewal in accordance with Subparagraph F.6.a of this
Appendix. The accreditation expiration/renewal date will be one year after the
last day of his or her most current training, provided the applicant has
received refresher training within two years of the last course completion
date. If a refresher is not taken within two years of the last course
completion date, the initial training course shall be required for
reaccreditation in accordance with Paragraph D.5 of this Appendix.
7. Agents who are supervisor
accredited are responsible for ensuring that maintenance personnel in schools
and state buildings are properly trained as defined in LAC 33:III.2721 and that
workers trained to meet LAC 33:III.2739.B.3 are accredited.
8. Revocation of Accreditation. Accredited
agents may have accreditation revoked for:
a.
failure to comply with or direct others to comply with LAC 33:III.Chapters 27
and 51, and other applicable federal, state, and local regulations;
b. failure to notify the Office of
Environmental Services of changes in status;
c. failure to operate safely and/or protect
the environment;
d. failure to
allow a department representative to inspect and review sites and
documentation;
e. failure to submit
valid and accurate accreditation application documents and/or training
documents;
f. performing work
requiring accreditation at a job site without evidence of required
accreditation which shall include, but not be limited to, current DEQ-issued
identification cards or accreditation certificates being available for
inspection by the administrative authority at the worksite;
g. permitting the duplication or use of one's
own accreditation certificate by another;
h. performing work for which accreditation
has not been received; and
i.
obtaining training from a training provider that does not have approval to
offer training for the particular discipline from either EPA or from a state
authorized by EPA that has an accreditation plan at least as stringent as the
EPA model accreditation plan (MAP).
9. Revocation of accreditation shall be
effective for no less than one year.
10. Prohibitions
a. The alteration or possession of altered
certificates is prohibited.
b. The
submission of any false statement, representation, or certification in any
form, application, report, plan, or any other document filed or required to be
submitted to/or maintained by the department is prohibited.
c. A student shall not participate both as a
student and as a principal trainer in their own asbestos training courses for
certification, and shall not sign their own training certificate.
G. RATP and Principal
Trainers. RATPs and principal trainers shall be recognized by the department
prior to conducting training of approved courses in Louisiana. Principal
trainers who conduct asbestos courses in Louisiana shall do so in association
with a RATP recognized by the department.
1.
Asbestos training providers requesting recognition shall provide the following:
a. the latest version of the asbestos
training provider recognition application, Form AAC-3, (which may be obtained
from the Office of Environmental Services or through the department's website)
requesting approval to train asbestos agents;
b. the latest version of the asbestos trainer
recognition application, Form AAC-4, with resumes for principal
trainers;
c. two or more principal
trainers shall be listed for each initial training course; and
d. appropriate fees (LAC
33:III.223).
2. The
asbestos training provider recognition application shall, at a minimum, include
the following:
a. the name, address,
telephone number, and email address of the training provider's primary offices
and the representative serving as the contact for the provider for the
scheduling of training courses and for other training activities;
b. the signature of a responsible official
for the training provider; and
c.
information on the specific courses including:
i. course discipline (e.g., worker,
contractor/supervisor, inspector, etc.);
ii. course type (i.e., initial or
refresher);
iii. the language in
which the course will be taught;
iv. all addresses of the physical locations
where courses will be held during the year;
v. a description of the facility where the
classes will be held (e.g., warehouse, industrial building, etc.);
vi. copies of the latest version of training
materials including texts, syllabi, and outlines, but not including exams:
(a). if the latest version of training
material was submitted with the last application, a note to that effect is
sufficient;
(b). the training
material shall be provided in the language it will be taught; and
(c). the department reserves the right to
request a copy of the training material at any time;
vii. a detailed statement about the
development of the examination used in the course. The statement shall include,
but is not limited to:
(a). the number of
questions for each exam;
(b). the
topics covered in the exam; and
(c). the number of questions specifically
relating to Louisiana regulations; and
viii. a detailed statement clearly indicating
how the course meets the requirements of this Appendix for:
(a). length of training days;
(b). amount and type of hands-on
training;
(c). examination (e.g.,
length, format, passing score);
(d). topics covered in the course;
(e). a copy of an example training completion
certificate; and
(f). a copy of the
EPA letter recognizing approval of the training provider's course or approval
from a state authorized by EPA to approve training courses, if
applicable.
3. Trainers seeking recognition shall submit:
a. the latest version of the asbestos trainer
recognition form, AAC-4;
b.
appropriate fees (LAC 33:III.223);
c. a resume indicating proof of experience in
the subjects they will teach which includes the following experience
requirements:
i. a degree or training
certification in the subject being taught; and
ii. experience in the field for two or more
years;
d. a person
experienced as a supervisor/contractor is also considered experienced as a
worker.
4. Training
Providers and Trainers Recognition
a. Training
providers and trainers shall be considered recognized upon written confirmation
from the department or upon receipt of a certificate of recognition from the
department.
b. Training recognition
numbers will be issued to all recognized training providers and principal
trainers. The recognition is effective for one year from the date
issued.
c. Recognition of training
providers and trainers may be renewed annually by submitting the latest
revision of Forms AAC-3 and AAC-4 respectively along with all appropriate
updates to the information required for the application and the applicable fees
to the department.
5.
Applications for training provider and trainer recognition may be denied for:
a. incomplete applications;
b. inaccurate or falsified
information;
c. incomplete
supporting documentation;
d.
failure to comply with applicable federal, state, and local regulations, which
includes nonpayment of fees or a history of noncompliance with LAC
33:III.Chapters 27 and 51; and
e.
at the discretion of the department based on past compliance history.
6. Training courses will be given
contingent approval based upon the review of course materials and inclusion of
those topics required under Subsection B of this Appendix when applicable. Full
approval may be given upon completion of an audit of the courses.
7. Recognition for a training course may be
denied if the training provider fails to:
a.
comply with the course requirements outlined in LAC 33:III.274.B; and
b. comply with the notification requirements
outlined in LAC 33:III.2741.B.
8. Compliance and Enforcement. A recognized
training provider or recognized trainer may have their recognition withdrawn or
revoked for one or more years according to one or more of the following
criteria:
a. failure to issue certificates
which includes the information required by these regulations;
b. failure to ensure that the training
materials are applicable to the class taught, and are included in the latest
material submitted to the department as part of the initial or renewal
application;
c. failure to ensure
that the training material includes the most current version of the DEQ forms,
obtained from the department website;
d. failure to ensure that the Office of
Environmental Services is informed of any change in status of the training
organization, such as pending fines, notices of violation, changes in principal
trainer status, etc;
e. failure to
ensure that a timely notification of courses that will be taught, including
where, when, and who will conduct the class, or that a cancellation of classes
is received by the Office of Environmental Services before the class should
have commenced;
f. failure to
ensure that an accurate, timely, and complete roster is received by the Office
of Environmental Services;
g.
misrepresentation of the extent of a training course's approval by a state or
EPA;
h. failure to submit required
information or notifications in a timely manner;
i. failure to maintain requisite
records;
j. falsification of
recognition or accreditation records, trainer qualifications, or other
information;
k. falsification of
any information regarding the principal trainer and course location on the
notification or roster;
l.
misrepresenting the contents of a training course to the department and/or the
student population;
m. making false
or misleading statements to the department, EPA, or another state in its
application for recognition;
n.
failure to adhere to the training standards and requirements of the agent
accreditation plan and the EPA MAP; and/or
o. failure to meet any of the requirements of
this Appendix.
9. Three
violations of any of the requirements of this Subsection will result in the
training provider or principal trainer permanently losing their recognition to
teach courses in Louisiana.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2344 and
40:1749.1.