Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 22.00 - Deleading and Lead-safe Renovation
Section 22.08 - Training Requirements

Universal Citation: 454 MA Code of Regs 454.22

Current through Register 1531, September 27, 2024

(1) Persons Requiring Training. All applicants for Licensure or Certification pursuant to 454 CMR 22.05 and 22.06 shall have successfully completed the applicable initial and refresher training from a Licensed Training Provider for the discipline(s) in which they wish to be Licensed or Certified. Persons participating in Renovation Projects in the capacity of workers shall receive the training specified by 454 CMR 22.08(4)(i) prior to engaging in such work.

(2) Reciprocity and Recognition of Prior Training Courses. Persons who have received Deleading or Lead-Safe Renovation training from out-of-state providers shall be considered to have fulfilled the applicable training requirements for Licensure or Certification pursuant to 454 CMR 22.00, provided that said training:

(a) Was provided by a state or EPA-sponsored or approved training provider, and

(b) Was substantially equivalent in length and content to the training specified by 454 CMR 22.00 for the discipline in which the applicant wishes to become licensed or certified. The Director shall determine whether previously-supplied and out-of state training courses are equivalent to the training and examination requirements of 454 CMR 22.00.

(3) Recognition of Higher Level Training Courses. Persons who have successfully completed the applicable training requirements for Deleader-Supervisors pursuant to 454 CMR 22.08(4)(c) shall be considered to have met the associated training requirements for Licensure as Deleader-workers and for participation in Renovation Work in the capacity of workers. Persons who have successfully completed the applicable training requirements for Deleader-workers pursuant to 454 CMR 22.08(4)(b) shall be considered to have met the associated training requirements for persons participating in Renovation Work in the capacity of workers.

(4) Training Curricula.

(a) General.
1. Courses of instruction required for Licensure of Deleader-supervisors and Deleader-workers and for Certification of Lead-safe Renovator-supervisors are set forth at 454 CMR 22.08(4)(b) through (f). The required subjects of instruction shall be presented through a combination of lectures, demonstrations, field trips and hands-on training, as appropriate.

2. Courses requiring hands-on training shall be presented in an environment suitable to permit participants to have actual experience performing tasks associated with Deleading and Lead-safe Renovation. Demonstrations not involving individual participation shall not substitute for hands-on training. Hands-on training sessions shall maintain a student to instructor ratio of not greater than 10:1.

3. For the purposes of 454 CMR 22.00, one training day shall consist of 61/2 hours of actual instruction, excluding time taken for lunch and breaks.

4. Initial training courses for Deleader-supervisors and Deleader-workers shall be provided on consecutive calendar or business days, unless otherwise approved by the Director. Initial training courses for Lead-safe Renovator-supervisors may be provided in four-hour segments, provided that all training is completed within a two-week period.

5. Electronic learning and other alternative course delivery methods are permitted for the classroom portion of the required training but not for the hands on portion of these courses, or for final course exams or proficiency tests required by 454 CMR 22.08(4). Electronic learning courses must, at a minimum, comply with the following requirements, in accordance with the EPA Model Renovation Repair and Painting Rule E-learning Course Component Implementation Requirements:
a. A training provider must offer a traditional classroom based version of the training for which online authorization is being sought and continue to do so if authorization is granted.

b. When advertising and registering students for the course, training providers must clearly identify their online course is specifically applicable to and approved by the Massachusetts Department of Labor Standards (DLS).

c. Training Providers must provide to DLS a login and password so that DLS can review the online course and materials. For auditing purposes, DLS requires unrestricted access to the online course at any time that the course is being provided.

d. As is the case for classroom-based training courses, a training provider must submit to DLS the minimum information listed at 454 CMR 22.07(2)(f) through (p) as part of its application for approval for an online training course.

e. Training providers must submit their instructors' credentials (including the credentials of those who develop and/or conduct the online training course) to DLS and provide updates of any subsequent changes in course instructors.

f. Training providers must have systems in place that authenticate the identity of the students taking the training and their eligibility to enroll in the course. Student authentication must be provided by or obtained from the student submitting personal and sensitive information to the training provider such as name, address, social security number, date of birth, license number, email address and/or special question and answer combination. That information may then be requested prior to beginning the online training, and at intermittent, designated intervals during the training. DLS recommends that appropriate encryption technologies be employed to protect sensitive user information. Such systems will help to deter fraud, including the falsification of student identity.

g. A unique identifier must be assigned to each student for them to launch and relaunch the course.

h. The training provider must track each student's course log-ins, launches, progress, and completion, and maintain these records in accordance with 454 CMR 22.07(6)(c).

i. Training providers must have systems in place that ensure students are focusing on the training material throughout the entire training period. For instance, online educational technology could provide a strong interactive component to ensure continued student focus through threaded discussion between students and the instructor and via interactive video clips, interactive camera (skype or similar).

j. Controls must be instituted to ensure that test screens cannot be saved, copied, or printed.

k. Training providers must have systems in place that reduce opportunities for document fraud.

l. Online training courses must have adequate material to satisfy the minimum training hour requirements listed at 454 CMR 22.08. Training providers must have systems in place that prevent students from prematurely skipping ahead. Students must be assigned a unique identifier that they will use to launch and relaunch a course. Students' actual time spent online, including applicable breaks, should be monitored and recorded, and these records retained and available to DLS upon request.

m. Training providers may break up the training over up to a two-week period so that the class meets together online at specific intervals (e.g., two-hour time intervals) to complete the training. Meeting at specific designated class times will allow the course instructor to interact with the students online in real time, as well as facilitate interaction between students via threaded discussion or a live chat option.

n. DLS must be notified automatically and electronically by the training course provider whenever a student completes such online training.

o. Training providers should have course instructors available to answer questions that students have while they are taking the online training. This could be facilitated via online threaded discussion, message boards or a live chat option. E-mail communication is acceptable within a 24-hour timeframe. Another option would be to have a toll-free telephone number available during the training periods for students to call with questions for the course instructor regarding the course material.

p. Technical support (e.g., via a toll-free telephone number) should be available to the students during the training periods to address any technical problems that arise, for instance, with their computers or with the online application. If a student is inadvertently logged out of an online session due to technical difficulties, the student should be given credit for the portion of the course already completed. At the same time, that student also should be required to make-up that portion of the training missed.

q. The Training Provider must maintain a database of those who have successfully completed the course.

r. Refresher training must include the key topics/aspects covered in the initial training for the particular discipline, discuss any changes in Federal, state, or local regulations, and discuss developments in state-of-the-art procedures.

s. Refresher training courses must be specific to each discipline and conducted as separate and distinct courses (i.e., not combined with any other training for any other discipline during the period of the refresher course). The course must include at least 16 periodic knowledge checks over the entire course. The knowledge checks must be successfully completed before the student can go on to the next module.

t. Final test questions shall be in multiple choice format and must be randomized from course to course so that the same test is not given repeatedly. An item bank (or a pool of questions used to vary the questions asked) must be used so that the same questions are not used repeatedly. There must be a test of at least 20 questions at the end of the electronic learning portion of the course, of which 80% must be answered correctly by the student for successful completion of the electronic learning portion of the course. The test must be designed so that students do not receive feedback on their test answers until after they have completed and submitted the test.

u. DLS requires that students successfully completing online training courses be provided with a printed certificate that contains an original signature, rather than a computer-generated signature, and specifically mentions that the course was taken online.

v. DLS requires training providers to issue course evaluations for their online courses to help determine the strengths and weaknesses of such courses and to promote continuous improvement.

(b) Training Requirements for Deleader-workers. Persons seeking certification as Deleader-workers shall successfully complete an approved three-day training course. Said course shall include lectures, at least eight hours of hands-on training, a course review and a written examination consisting of 25 multiple-choice questions. Successful completion of the course shall be demonstrated by achieving a score of at least 72% on the examination. The course shall adequately address the following topics:
1. Background Information on Lead. Relevant lead facts, including the history of lead use and sources of environmental lead contamination (paint, surface dust and soil, water, air, food).

2. Health Effects of Lead Exposure. The most common routes of human lead exposure. Also, the nature of lead-related disease, including, but not limited to, effects on the nervous system, reproductive system, musculoskeletal systems and kidneys, dose-response relationships and differences between effects on adults and on children.

3. Other Health Hazards of the DeleadingWorkplace. Health hazards presented by Encapsulants, other solvents, gases, vapors and caustic materials commonly encountered in the Deleading workplace; the OSHA Hazard Communication Standard 29 CFR 1910.1200; how to read a Safety Data Sheet (SDS) and take precautionary measures; and exposure hazards associated with surface preparation activities.

4. Regulatory Review. An overview of pertinent federal, state and local regulations pertaining to the prevention of lead exposure in residential, industrial, and construction settings, including, but not limited to: 454 CMR 22.00; 105 CMR 460.000: Lead Poisoning Prevention and Control; 40 CFR 745, including requirements pertaining to lead-based paint activities contained in Subpart L; and 29 CFR 1926.62.

5. Personal Protective Equipment and Devices. The selection and use of proper personal protective equipment for Deleading work sites including, but not limited to, respirators, protective clothing and eye protection. This training cell shall include fit testing demonstrations and hands-on training in the use of protective clothing and respirators. Emphasis will be given to personal protective equipment which protects against hazardous substances commonly found at Deleading work sites, including lead, solvents, Encapsulants and caustic paste removers. Also, information shall be provided on personal hygiene practices for minimizing lead exposure, the maintenance of a respiratory protection program, respirator use and maintenance, and medical examination requirements for persons who use respirators.

6. Medical Monitoring Requirements. A comprehensive overview of the medical monitoring requirements of 29 CFR 1926.62 and 454 CMR 22.09, including, but not limited to, all federal and state requirements for physical examinations, blood lead monitoring, medical removal, and rights of employees to medical records.

7. Lead Hazard Recognition. Methods of lead hazard recognition including, but not limited to, material identification, exposure measurements, site characterizations, and safety and health plans.

8. Lead Abatement, Containment and Hazard Control Methods. A review of Work Area preparation methods, engineering controls, removal techniques, cleanup and decontamination procedures for Deleading projects, including restricted practices, area clearance procedures and waste disposal; use of HEPA vacuums and wet cleaning methods.

9. Safety Hazards Other than Lead. Other safety hazards encountered during typical lead abatement projects and how to protect against them. Discussion to include, but not be limited to, electrical hazards, exposure to heat and cold, fire hazards, scaffold and ladder hazards and slips, trips and falls.

10. Use of Encapsulants and Other Low Risk Deleading Methods. The requirements of 105 CMR 460.000: Lead Poisoning Prevention and Control and 454 CMR 22.00 pertaining to the use of Encapsulants and other Low-risk Deleading methods, the particulars of related guidance documents and protocols issued by the Director and CLPPP pertaining to the use of Encapsulants and other Low-risk Deleading methods, including inspection procedures, surface selection, notification procedures, restrictions on occupancy, worker protection, Encapsulant selection, surface preparation and testing, application procedures, post-application testing, methods of covering, associated work practices, clearance inspections and dust testing, operation and maintenance procedures and recordkeeping.

(c) Training Requirements for Deleader-supervisors. Persons seeking Licensure as Deleader-supervisors shall successfully complete an approved four-day training course. Said course shall include lectures, at least ten hours of hands-on training, a course review and a written examination consisting of 50 multiple-choice questions. Successful completion of the course shall be demonstrated by achieving a score of at least 70% on the examination. In addition to the subjects specified at 454 CMR 22.08(4)(b)1. through 10., the training curriculum for Deleader-supervisors shall include the following subjects:
1. Overview of the Roles and Responsibilities of the Supervisor on Deleading Projects.

2. Lead Hazard Identification and Assessment. Reading and interpreting lead inspection reports and risk assessments, including interpreting floor plans, identification of leaded surfaces, identification of low-risk/moderate-risk eligible activities, specifications of surface conditions.

3. Deleading Contract Specifications and Requirements. Formats of Deleading contracts; project specifications; the legal responsibilities of Deleading-contractors and Deleader-supervisors.

4. Lead Abatement Methods/Options. Allowable abatement methods specified by applicable state standards; selection factors and requirements peculiar to each option; advantages and disadvantages; prohibited methods for Deleading Projects; methods of work area isolation and containment for Deleading Work.

5. Work Site Clean-up. Work site clean-up methods and requirements for Deleading Projects; use of HEPA vacuum and wet cleaning methods.

6. Clearance Standards and Related Testing for Deleading Projects. Dust monitoring requirements and associated work practice requirements, including restrictions on reoccupancy.

7. Disposal and Hazardous Waste Management. Debris containerization and disposal requirements, including a review of hazardous waste regulations which may apply to Deleading operations; hazardous waste testing procedures, such as TCLP; other possible hazardous wastes at the Deleading work site.

8. Insurance and Liability. Workers' compensation coverage and exclusions, and liability insurance coverage and exclusions.

9. Supervisory Functions and Techniques. Effective supervisory practices to enforce and reinforce the required work practices, discourage unsafe practices and optimize worker relations and performance.

10. Requirements of 780 CMR: Massachusetts State Building Code and Home Improvement Contractor Registration Law Applicable to Residential Renovation/Moderate-risk Abatement. The requirements of the Massachusetts Building Code, 780 CMR 110.R5: Licensing of Construction Supervisors pertaining to the licensure of construction supervisors; the requirements of 201 CMR 18.00: Registration and Enforcement of Home Improvement Contractor Program pertaining to home improvement contractor registration; standards of workmanship for Deleading Work.

11. Recordkeeping Requirements. A review of the various records required to be kept by the Deleading-contractor under 29 CFR 1926.62, 454 CMR 22.00, and 105 CMR 460.000: Lead Poisoning Prevention and Control; recordkeeping for Deleading Projects as required by federal, state and local regulations including, but not limited to: notification of Deleading Work to the appropriate agencies; inspection and testing results; medical monitoring reporting; clearance results and procedures; compliance with required work practices; waste disposal requirements, and records recommended for legal and insurance purposes.

12. Historic Preservation. An overview of appropriate methods for abating lead paint hazards in historic housing, including information about the State Register of Historic Places and compliance exemptions.

(d) Lead-safe Renovator-supervisor Training. Persons seeking Certification as Lead-safe Renovator-supervisors shall successfully complete an approved one-day training course. Said course shall include lectures, at least two hours of hands-on training, a course review and a written examination consisting of 25 multiple-choice questions. Successful completion of the course shall be demonstrated by achieving a score of at least 72% on the examination. The training curriculum for Lead-safe Renovator-supervisors shall include the following subjects:
1. Roles and Responsibilities of a Lead-safe Renovator-supervisor on Renovation Projects.

2. Background Information on Lead. An overview of the history of lead use, sources of lead exposure and health effects, including the effects on the nervous, reproductive and musculoskeletal systems and kidneys, Dose-response relationships, differential effects on adults and children and trends in lead poisoning rates.

3. Regulatory Review. An overview of pertinent federal, state and local regulations pertaining to the prevention of lead exposure in children and adults and renovation activities, including, without limitation, the Massachusetts Lead Law (M.G.L. c. 111, §§ 189A through 199B); 454 CMR 22.00; 105 CMR 460.000: Lead Poisoning Prevention and Control; 40 CFR 745, Subpart E and 29 CFR 1926.62.

4. Lead Hazard Identification. Reading and interpreting lead inspection reports, including floor plans; identifying leaded surfaces, and specifying surface conditions. Procedures and protocols for using Recognized Test Kits and for the collection of paint chip samples.

5. Work Practices for Renovation Projects. A review of Work Area pre-cleaning and isolation methods, use of engineering controls and Containment, work methods and techniques, dust minimization, cleanup and decontamination, containment and disposal of lead-painted components and debris and minor repair of non-intact surfaces. Specialized methods for removing windows from the exterior, emptying and maintaining HEPA vacuums, removing porches and constructing specialized containments.

6. Work Area Clearance Requirements. Interior and exterior clean-up methods, final cleanup, cleaning verification procedures, dust monitoring options and clearance requirements for Renovation Projects.

7. Waste Handling and Disposal. Debris containerization and disposal requirements, including a review of hazardous waste regulations which apply to Deleading and Renovation operations; hazardous waste testing procedures, such as TCLP; exemptions for lead-contaminated debris generated by household Renovation Projects; and other possible hazardous wastes at the Deleading or Renovation work sites.

8. Personal Protection and Medical Monitoring Requirements. A discussion of the selection and use of personal protective equipment for Renovation Work including, but not limited to, respirators, protective clothing and eye protection.

9. Other Health and Safety Hazards of the Renovation Workplace. Possible health and safety hazards commonly encountered in the Renovation workplace, including exposure to solvents, gases, vapors and caustic materials, electrical hazards, exposure to heat and cold, fire hazards, scaffold and ladder hazards and slips, trips and falls.

10. Requirements of 780 CMR: Massachusetts State Building Code and Home Improvement Contractor Registration Law Applicable to Renovation Work. The requirements of the Massachusetts Building Code, 780 CMR 110.R5: Licensing of Construction Supervisors pertaining to the licensure of construction supervisors. The requirements of 201 CMR 18.00: Registration and Enforcement of Home Improvement Contractor Program pertaining to home improvement contractor registration. Compliance standards for renovation work.

11. Recordkeeping Requirements. A review of the various records required to be kept by Lead-Safe Renovation Contractors and Supervisors under 40 CFR 745.86, 29 CFR Part 1926.62, 454 CMR 22.00, and 105 CMR 460.000: Lead Poisoning Prevention and Control.

(e) Additional Training Requirement for Lead-safe Renovator-supervisors Who Supervise Moderate Risk Deleading Projects. In addition to receiving the training specified by 454 CMR 22.08(4)(d), Lead-safe Renovator-supervisors who carry out the functions of supervisors on Moderate-risk Deleading Projects shall have received an additional four hours of training, which includes instruction in the subjects listed at 454 CMR 22.08(4)(e)1. through 6. Successful completion of additional training segment shall be demonstrated by achieving a score of at least 70% on the examination, which shall consist of 20 multiple choice questions. The Training Certificates issued to persons who successfully complete courses that include instruction in the training subjects listed at 454 CMR 22.08(4)(d) and (e) shall include the designation, "Lead-safe Renovator-supervisor Moderate Risk Deleading Option".
1. Roles and Responsibilities of a Lead-safe Renovator-supervisor on Moderate Risk Deleading Projects.

2. Distinctions between various Deleading options and requirements and those pertaining to Renovation Work. Eligibility requirements for Moderate Risk Deleading Work.

3. In-depth Workshop on Interpretation of Lead Inspection Reports. Pre-work inspection requirements. Restriction on use of Recognized Test Kits for Moderate Risk Deleading Projects.

4. Specialized Work Practices for Moderate Risk Deleading Work. Restrictions on occupancy during work.

5. Project Cleanup and Clearance Requirements. Clean-up and disposal requirements and methods. Mandatory use of dust wipe clearance by Lead Inspector or Risk Assessor. Associated clearance standards.

6. Recordkeeping Requirements for Deleading Work.

(f) Refresher Training. Deleader-supervisors and Deleader-workers shall successfully complete annual refresher training of at least one day given by Licensed Training Providers as a precondition to renewal of their Licenses or Certificates. Lead-safe Renovator-supervisors shall successfully complete refresher training of at least four hours every five years as a condition of maintaining Certified status and eligibility to carry out the functions of Lead-safe Renovator-supervisors. Individuals who take a renovator refresher training course via an electronic learning (online) or other alternative learning course delivery methods that does not include a hands-on training component shall be certified for three years from the date they complete the training. Individuals who take an online renovator refresher without hands-on training must, for their next refresher course, take a refresher course that includes hands-on training to maintain renovator supervisor certification. Lead-safe Renovator-supervisors who have successfully completed the training specified at 454 CMR 22.08(4)(e) shall repeat said training every five years in order to maintain eligibility to perform the functions of supervisors on Moderate Risk Deleading Projects, Refresher training for all disciplines shall be specific to the discipline, and shall include: a review of the health effects of lead exposure; the health effects of other hazardous substances typically found at Deleading and Renovation work sites; the use of respirators and other protective equipment to reduce exposures; state and federal laws, guidelines or policies applicable to Deleading and Lead-safe Renovation and any pertinent changes thereto; developments or changes in state-of-the-art Deleading and Lead-safe Renovation procedures and equipment; and a review of the key areas of the initial training specific to each discipline. Successful completion of refresher training will be demonstrated by achievement of a score of at least 72% on a written examination consisting of at least 25 multiple-choice questions administered by the Licensed Training Provider.

(g) Grace Period after Expiration of Training Certificates. Where an initial or refresher Training Certificate has expired, the holder shall have a grace period of one year from the date of expiration of said Training Certificate in which to take another refresher training course in the same discipline in lieu of re-taking the applicable initial course of training.

(h) Encapsulant Manufacturer-supplied Training. Prior to working on or engaging in a Deleading Project in which an Encapsulant is to be used, licensed Deleader-supervisors, in addition to completing the training specified in 454 CMR 22.08(4)(c) or (f), shall take any training recommended by the manufacturer, dealer or distributor of the specific Encapsulant to be used which is approved by the Director.

(i) Training of Persons Performing as Workers on Renovation Projects. Where workers on Renovation Projects have not received the training for Deleader-workers specified by 454 CMR 22.08(4)(b), the training specified for Deleader-supervisors specified by 454 CMR 22.08(4)(c) or the training specified for Lead-safe Renovator-supervisors by 454 CMR 22.08(4)(d), they shall receive training from the Lead-safe Renovator-supervisor assigned to the project prior to engaging in the work. Said training shall include a review of the work methods to be used on each Renovation Project and a review of the subjects set forth in the OSHA Construction Standard for Lead at 29 CFR 1926.62 (l)(2).

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