Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos
Section 28.05 - Certification and Requirements for Certified Training Providers

Universal Citation: 454 MA Code of Regs 454.28

Current through Register 1531, September 27, 2024

(1) Advertising of Training and Refresher Courses.

(a) A training provider may not advertise a course as one approved by the Department until such approval is granted;

(b) A training provider may not include any false or misleading information regarding the contents, instructors, or number of classroom hours of any course approved under 454 CMR 28.05; and

(c) Once approved, the training provider shall use the course number in the course syllabus, in all other course materials used in connection with the course, and in all written advertising materials used in connection with the course.

(2) Licensed Asbestos Training Providers Must Perform the following as a Condition of Certification.

(a) Notify the Director, in writing, at least ten days prior to the commencement of any asbestos training course for which Licensure is required by 454 CMR 28.00, with the course title, location and anticipated start and end dates of said course.

(b) Notify the Director, in writing, of any changes in the start and end dates, course content, training methods, facilities, etc., which would alter the course of instruction from that originally submitted for Certification. (Minor changes in agenda, such as guest speakers, if otherwise qualified, and course schedule, are acceptable.)

(c) Notify the Director prior to the cancellation of any course.

(d) Verify the identity of each person who requests training by requiring that the applicant submit a form of government-issued, pictured identification. A list of acceptable identification is available at the Department's website.

(e) Where the applicant is requesting refresher training, verify that no more than one year has elapsed since the expiration date of the applicable initial or refresher training certificate most recently issued to the applicant.

(f) Require each person who receives training to sign in and out of each training session by completing the appropriate entries in a sign-in/out log at the time of each entry and exiting of the training area. Said sign-in/out log must include printed name, signature, Massachusetts License Number, where applicable, and the time of each entry or exiting.

(g) Require each person who completes the course and takes the examination required by 454 CMR 28.05(4)(a) through (f) and 454 CMR 28.05(5) to sign their examination answer sheet.

(h) Issue a training certificate to each student who successfully completes the asbestos training course. Said original training certificates must include the following:
1. A unique certificate number;

2. Name of student;

3. License number of student, if available;

4. Discipline of the training course completed and course number;

5. Dates and duration of the training course;

6. Date of the examination;

7. Name of the lead instructor;

8. An expiration date of one year after the date upon which the person successfully completed the course and examination;

9. The name, address, telephone number, and license of the training provider that issued the certificate; and

10. A statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under TSCA Title II.

(i) Certificates issued after July 1, 2021, must include a photograph of the student on the face of the training certificate.

(j) Maintain the training records as required by 454 CMR 28.05(2)(r).

(k) Utilize and distribute information and training materials furnished by the Department.

(l) Provide written course materials, oral instruction and written examinations only in language in which each student is fluent, except that said written course materials, oral instruction and written examinations for Asbestos Supervisors and all Asbestos Consultant Disciplines must be in English, in accordance with EPA regulations and policies.

Obtain separate approval from the Department for each language in which courses will be conducted.

(m) Within five calendar days after the conclusion of each initial and refresher training course, provide to the Director: the title of the course; the date(s) on which the course was provided; the location where the course was given; the name, address, and Social Security Number of each student who successfully completed the course; the examination score of each person who took the course and the serial number of the training certificate issued to each student.

(n) Allow auditing inspections of approved training courses by the Director or his or her representative. Applicants from outside the Commonwealth shall, at the Department's option, bear the costs to the Department for one course audit per year for each course for which approval is granted pursuant to 454 CMR 28.05. Said costs shall include two-way travel, food and lodging expenses for one individual for the entire length of each course.

(o) Refresher courses shall be conducted as separate and distinct courses and not combined with any other training during the period of the refresher course. For each discipline, the refresher course shall review and discuss changes in Federal, State, and local regulations, developments in state-of-the-art procedures, and a review of key aspects of the initial training course as determined by the State. After completing the annual refresher course, persons shall have their accreditation extended for an additional year from the date of the refresher.

(p) Grace Period. 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. This grace period does not apply to licenses or applications submitted to the Department.

(q) Any person who has successfully completed Asbestos-associated Project Worker training previously required by 454 CMR 28.00 prior to April 2, 2021 shall not be required to take another initial training course to fulfill his or her initial training requirements for participation in Operations and Maintenance Projects. Persons desiring to participate in Operations and Maintenance Projects shall have received the initial training specified at 454 CMR 28.05(8) and, where more than five years have elapsed since the date of the previous training, the refresher training specified by 454 CMR 28.05(8)(e) shall be required. The refresher training requirements of the OSHA Asbestos Standard 29 CFR Part 1926.1101 shall also apply to the training of Asbestos Operations and Maintenance Workers.

(r) Certified Training Providers shall maintain records for 15 years for the following documentation:
1. Copies of all written materials required to be submitted with the application for certification and course approval by 454 CMR 28.05;

2. Copies of all pre-course notifications required to be filed by 454 CMR 28.05 with applicable course agendas;

3. Copies of all post-course notifications required by 454 CMR 28.05, including the name, address, telephone number, Social Security Identification Number and final examination score of each person who completed each course;

4. A copy of the certificate of completion of each student passing the course; and

5. The name, business address and telephone number of the person(s) who proctored the examinations.

(3) Provisions for Virtual Training Courses.

(a) Virtual courses shall only be approved for Training Providers already approved and who conduct in-person training. Separate approval is required for each type of virtual training a Training Provider intends to conduct.

(b) Training Providers must continue to offer in-person training even after virtual training is approved.

(c) Training Providers must submit a separate application for each course they intend to conduct as virtual training.

(d) Virtual training shall meet the requirements and conditions of 454 CMR 28.05(1) and (2).

(e) Training Providers shall include a Department login with password with their pre-course notification as required under 454 CMR 28.05(2)(a) and (b) to allow for course audits. Initial approval for a virtual course will be provisional until the Department has audited the course and given full approval.

(f) Training Providers shall 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 virtual training, and at intermittent, designated intervals during the training. The Department 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) Students must provide a self-attestation verifying identity and certifying they will not conduct fraud, cheat, or otherwise undermine the integrity of the course and test.

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

(i) The Training Provider must track each student's course log-ins, launches, progress, and completion, and maintain these records in accordance with 454 CMR 28.05(2)(r).

(j) Training Providers must have systems in place that reduce opportunities for fraud, cheating or other actions that would undermine the integrity of the training.

(k) Virtual training must meet the same requirements as in-person training as listed in 454 CMR 28.05(4) and (5).

(l) Virtual training must be conducted in real time by a live instructor using real time web conferencing and audio.

Video and audio recordings typically used during an in-person training to augment learning may be used for online training as well.

(m) The instructor and students must have their cameras and microphones enabled.
1. The instructor must be seen and heard by all students.

2. The instructor must be able to see and hear all students.

3. Should there be an interruption of the instructor's camera or audio the course must be paused until they can both be restored.

4. Any student who loses camera or audio during the course will not receive credit for that portion of the course.

(n) Virtual courses may only be used for the portion of a course that does not require hands-on training. Hands-on training, where required, must be performed in-person.

(o) Any test of hands-on skills shall be conducted in-person.

(p) A final written test for virtual courses shall be provided and students required to pass as listed in 454CMR 28.05(6) and (7).

(q) Virtual final tests shall be conducted in a manner to prevent use of notes, cheating or other actions that would undermine the integrity of the testing process.
1. Tests shall be timed.

2. The instructor shall be able to monitor each student taking the test.

(r) The Department requires training providers to issue course evaluations for their virtual courses to help determine the strengths and weaknesses of such courses and to promote continuous improvement.

(s) Virtual, web based, or online training courses provided in other states shall not meet requirements for reciprocity.

(t) Training certificates issued after completion of a virtual course will only be accepted from Training Providers certified by the Department.

(4) Massachusetts Specific Model Accreditation Plan (MAP) Training Requirements. The following sections describe the course content for asbestos training as set forth at 40 CFR Part 763, Appendix C: Subpart E - Asbestos Model Accreditation Plan, and includes specific training required by Massachusetts and its regulations. Initial Training Courses and Curriculum:

(a) Workers. Asbestos abatement worker course (initial) shall include a minimum of four training days with a minimum of 14 hours of hands-on training, including individual respirator fit testing. The training course shall address the following topics:
1. Physical Characteristics of Asbestos. Identification of asbestos, aerodynamic characteristics, typical uses, and physical appearance, and a summary of abatement control options.

2. 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 periods for asbestos related diseases; a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancer of other organs.

3. Employee 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 face piece to face seal (positive and negative-pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory 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 non-disposable clothing; and regulations covering personal protective equipment.

4. State of the Art Work Practices. Proper work practices for asbestos abatement activities, including descriptions of proper construction; maintenance of barriers and decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; use of high-efficiency particulate air (HEPA) vacuums; proper clean up and disposal procedures; work practices for removal, encapsulation, enclosure, and repair of ACM; emergency procedures for sudden releases; potential exposure situations; transport and disposal procedures; and recommended and prohibited work practices.

5. 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; and potential exposures, such as family exposure.

6. 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.

7. 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.

8. Air Monitoring. Procedures to determine airborne concentrations of asbestos fibers, focusing on how personal air sampling is performed and the reasons for it.

9. Relevant Federal, State and local regulatory requirements, procedures, and standards. With particular attention directed at relevant EPA, OSHA, and State regulations concerning asbestos abatement workers.

10. Establishment of respiratory protection programs.

11. Role of other licensed asbestos professionals.

12. Course Review. A review of key aspects of the training course.

(b) Supervisors. Asbestos Supervisor course (initial) shall include a minimum of five training days with a minimum of 14 hours of hands-on training, including individual respirator fit testing. Hands-on training must permit supervisors to have actual experience performing tasks associated with asbestos abatement. The training course shall address the following topics:
1. The Physical Characteristics of Asbestos and Asbestos-containing Materials. Identification of asbestos, aerodynamic characteristics, typical uses, physical appearance, a review of hazard assessment considerations, and a summary of abatement control options.

2. 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; and latency period for diseases.

3. Employee 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 face piece to face seal (positive and negative-pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory 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 non-disposable clothing; and regulations covering personal protective equipment.

4. 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; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; use of HEPA vacuums; and proper clean up and disposal procedures. Work practices for removal, encapsulation, enclosures, and repair of ACM; emergency procedures for unplanned releases; potential exposure situations; transport and disposal procedures; and recommended and prohibited work practices. New abatement-related techniques and methodologies may be discussed.

5. Personal Hygiene. Entry and exit procedures for the work area; use of showers; and avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area. Potential exposures, such as family exposure, shall also be included.

6. 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.

7. 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.

8. Air Monitoring. Procedures to determine airborne concentrations of asbestos fibers, including descriptions of aggressive air sampling, sampling equipment and methods, reasons for air monitoring, types of samples and interpretation of results. EPA recommends that transmission electron microscopy (TEM) be used for analysis of final air clearance samples, and that sample analysis be performed by laboratories accredited by the National Institute of Standards and Technology's (NIST) National Voluntary Laboratory Accreditation Program (NVLAP).

9. Relevant Federal, State, and local regulatory requirements, procedures, and standards, including:
a. Requirements of TSCA Title II, including 40 CFR Part 763, Subpart E (AHERA).

b. National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 61), Subparts A (General Provisions) and M (National Emission Standard for Asbestos).

c. OSHA standards for permissible exposure to airborne concentrations of asbestos fibers and respiratory protection (29 CFR 1010.1001 and 29 CFR 1910.134).

d. OSHA Asbestos Construction Standard (29 CFR 1926.1101).

e. EPA Worker Protection Rule, (40 CFR Part 763, Subpart G).

f. Requirements of the Department and the Massachusetts Department of Environmental Protection (MassDEP) relating to asbestos.

10. Respiratory Protection Programs and Medical Monitoring Programs.

11. Insurance and Liability Issues. Contractor issues; worker's compensation coverage and exclusions; third-party liabilities and defenses; insurance coverage and exclusions.

12. Recordkeeping for Asbestos Abatement Projects. Records required by Federal, State, and local regulations; records recommended for legal and insurance purposes.

13. Supervisory Techniques for Asbestos Abatement Activities. Supervisory practices to enforce and reinforce the required work practices and discourage unsafe work practices.

14. Role of other licensed asbestos professionals.

15. Contract Specifications. Discussions of key elements that are included in contract specifications.

16. Course Review. A review of the key aspects of the training course.

(c) Inspectors. Asbestos Inspector course (initial) shall include a minimum of three days of training as outlined in 454 CMR 28.05(4)(c)1. through 15. The course shall include lectures, demonstrations, four hours of hands-on training, individual respirator fit-testing, course review, and a written examination. The inspector training course shall adequately address the following topics:
1. Background Information on Asbestos. Identification of asbestos, and examples and discussion of the uses and locations of asbestos in buildings; physical appearance of asbestos.

2. 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 periods for asbestos related diseases; a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancer of other organs.

3. Functions/Qualifications and Role of Inspectors. Discussions of prior experience and qualifications for inspectors and management planners; discussions of the functions of a licensed inspector as compared to those of a licensed management planner; discussion of inspection process including inventory of ACM and physical assessment.

4. Role of other licensed asbestos professionals.

5. Legal Liabilities and Defenses. Responsibilities of the inspector and management planner; a discussion of 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.

6. Understanding Building Systems. The interrelationship between building systems, including: an overview of common building physical plan layout; 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 built drawings.

7. 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 disruptions; and education of building occupants about actions being taken.

8. 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.

9. Inspecting for Friable and Non-friable ACM and Assessing the Condition of Friable ACM. Procedures to follow in conducting visual inspections for friable and non-friable 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; and deterioration as assessment factors.

10. Bulk Sampling/Documentation of Asbestos. Detailed discussion of the "Simplified Sampling Scheme for Friable Surfacing Materials (EPA 560/5 85 030a October 1985 "EPA Pink Book")"; techniques to ensure sampling in a randomly distributed manner for other than friable surfacing materials; sampling of non-friable materials; techniques for bulk sampling; inspector's sampling and repair equipment; patching or repair of damage from sampling; discussion of polarized light microscopy; choosing an accredited laboratory to analyze bulk samples; quality control and quality assurance procedures. EPA's recommendation that all bulk samples collected from school or public and commercial buildings be analyzed by a laboratory accredited under the NVLAP administered by NIST.

11. 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 face piece to face seal (positive and negative-pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory 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 non-disposable clothing.

12. 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 required for school buildings under AHERA, § 203 (i)(1). EPA recommends that States develop and require the use of standardized forms for recording the results of inspections in schools or public or commercial buildings, and that the use of these forms be incorporated into the curriculum of training be conducted for licensure.

13. Regulatory Review. The following topics should be covered: National Emission Standards for Hazardous Air Pollutants (NESHAP; 40 CFR Part 61, Subparts A and M); EPA Worker Protection Rule (40 CFR Part 763, Subpart G); OSHA Asbestos Construction Standard (29 CFR Part 1926.1101); OSHA respirator requirements (29 CFR Part 1910.134); the Asbestos Containing Materials in Schools rule (40 CFR Part 763, Subpart E); applicable State and local regulations, and differences between Federal and State requirements where they apply, and the effects, if any, on public and non-public schools or commercial public buildings.

14. Field Trip. This includes a field exercise, including a walk through inspection; on site discussion about information gathering and the determination of sampling locations; on site practice in physical assessment; classroom discussion of field exercise.

15. Course Review. A review of key aspects of the training course.

(d) Management Planners. Asbestos Management Planner course (initial) shall include a minimum of three days of inspector training as outlined above and two days of management planner training. Possession of current and valid inspector training certificate shall be a prerequisite for admission to the management planner training. The management planner training course shall adequately address the following topics:
1. Course Overview. The role and responsibilities of the management planner; operations and maintenance programs; setting work priorities; protection of building occupants.

2. Evaluation/Interpretation of Survey Results. Review of AHERA requirements for inspection and management plans for school buildings as given in AHERA § 203(i)(1); interpretation of field data and laboratory results; and comparison of field inspector's data sheet with laboratory results and site survey.

3. 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.

4. Legal Implications. Liability; insurance issues specific to planners; liabilities associated with interim control measures, in house maintenance, repair, and removal; and use of results from previously performed inspections.

5. 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.

6. Role 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.

7. Role of Other Licensed Asbestos Professionals.

8. Developing an Operations and Maintenance (O&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 HEPA vacuuming; reducing disturbance of ACM; scheduling O&M for off hours; rescheduling or canceling renovations in areas with ACM; boiler room maintenance; disposal of ACM; in house procedures for ACM bridging and penetrating encapsulant; 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&M plan (development, implementation process, and problems that have been experienced).

9. Regulatory Review. Focusing on the OSHA Asbestos Construction Standard found at 29 CFR 1926.1101; the National Emission Standard for Hazardous Air Pollutants (NESHAP) found at 40 CFR Part 61, Subparts A (General Provisions) and M (National Emission Standard for Asbestos); EPA Worker Protection Rule found at 40 CFR Part 763, Subpart G; AHERA; applicable State regulations.

10. Recordkeeping for the Management Planner. Use of field inspector's data sheet along with laboratory results; ongoing recordkeeping as a means to track asbestos disturbance; procedures for recordkeeping. EPA recommends that States require the use of standardized forms for purposes of management plans and incorporate the use of such forms into the initial training course for management planners.

11. Assembling and Submitting the Management Plan. Plan requirements in AHERA; the management plan as a planning tool.

12. Financing Abatement Actions. Economic analysis and cost estimates; development of cost estimates; present costs of abatement versus future operations and maintenance costs.

13. Course Review. A review of key aspects of the training course.

(e) Project Designers. Asbestos Project Designer course (initial) shall include a minimum of three days of training as outlined below. The project designer course shall include lectures, demonstrations, a field trip, course review and a written examination. The abatement project designer training course shall adequately address the following topics:
1. Background Information on Asbestos. Identification of asbestos; examples and discussion of the uses and locations of asbestos in buildings; physical appearance of asbestos.

2. 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 for asbestos related diseases; a discussion of the relationship between asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancers of other organs.

3. 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).

4. Safety System Design Specifications. Design, 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; proper techniques for initial cleaning; use of negative-pressure exhaust ventilation equipment; use of HEPA vacuums; proper clean up 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.

5. Field Trip. A visit to an abatement site or other suitable building site, including on site discussions of abatement design and building walk through inspection. Include discussion of rationale for the concept of functional spaces during the walk-through.

6. Employee 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 face piece to face seal (positive and negative-pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory 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 non-disposable clothing.

7. 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.

8. 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 following abatement; and aggressive air movement and negative-pressure exhaust ventilation as a clean-up method.

9. Designing Abatement Solutions. Discussions of repair, removal, enclosure, and encapsulation methods; and asbestos waste disposal.

10. Final Clearance Process. Discussion of the need for a written sampling rationale for aggressive final air clearance; requirements of a complete visual inspection; and the relationship of the visual inspection to final air clearance. Department regulations regarding final clearance process.

11. Budgeting/Cost Estimating. Development of cost estimates; present costs of abatement versus future operation and maintenance costs; setting priorities for abatement jobs to reduce cost.

12. 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 for a particular building; worker and building occupant health/medical considerations; and replacement of ACM with non-asbestos containing substitutes.

13. Preparing Abatement Drawings. Significance and need for drawings; use of as built drawings as base drawings; use of inspection photographs and on-site reports; methods of preparing abatement drawings; diagraming containment barriers; relationship of drawings to design specifications; and particular problems related to abatement drawings.

14. Contract Preparation and Administration.

15. Legal/Liabilities/Defenses. Insurance considerations; bonding; hold-harmless clauses; use of abatement contractor's liability insurance; and claims made versus occurrence policies.

16. Replacement. Replacement of asbestos with asbestos free substitutes.

17. Role of Other Consultants. Development of technical specification sections by industrial hygienists or engineers; and the multi-disciplinary team approach to abatement design.

18. Role of Other Licensed Asbestos Professionals.

19. Occupied Buildings. Special design procedures required in occupied buildings; education of occupants; extra monitoring recommendations; staging of work to minimize occupant exposure; and scheduling of renovation to minimize exposure.

20. Relevant Federal, State and local regulatory requirements, procedures and standards including, but not limited to:
a. Requirements of TSCA Title II, including 40 CFR Part 763, Subpart E (AHERA).

b. National Emission Standards for Hazardous Air Pollutants, (40 CFR Part 61) Subparts A (General Provisions) and M (National Emission Standard for Asbestos).

c. OSHA Respirator Standard found at 29 CFR 1910.134.

d. EPA Worker Protection Rule found at 40 CFR Part 763, Subpart G.

e. OSHA Asbestos Construction Standard found at 29 CFR 1926.1101.

f. OSHA Hazard Communication Standard found at 29 CFR 1926.1200.

g. Requirements of the Department and the Mass DEP relating to asbestos.

h. Course Review. A review of key aspects of the training course.

(f) Project Monitors. Asbestos Project Monitor course (initial) shall include a minimum of five days of training covering the topics outlined below. The course outlined in 454 CMR 28.05(4)(f)1. through 15. consists of lectures and demonstrations, at least six hours of hands-on training, course review, and a written examination. The hands-on training component might be satisfied by having the student simulate participation in or performance of any of the relevant job functions or activities (or by incorporation of the workshop component described in item "n" below of this unit). The project monitor training course shall adequately address the following topics:
1. Roles and Responsibilities of the Project Monitor. Definition and responsibilities of the project monitor, including regulatory/specification compliance monitoring, air monitoring, conducting visual inspections, and final clearance monitoring.

2. Characteristics of Asbestos and Asbestos-containing Materials. Typical uses of asbestos; physical appearance of asbestos; review of asbestos abatement and control techniques; presentation of the health effects of asbestos exposure, including routes of exposure, dose-response relationships, and latency periods for asbestos-related diseases.

3. Federal Asbestos Regulations. Overview of pertinent EPA regulations, including: NESHAP, 40 CFR Part 61, Subparts A and M; AHERA, 40 CFR Part 763, Subpart E; and the EPA Worker Protection Rule, 40 CFR Part 763, and Subpart G. Overview of pertinent OSHA regulations, including Construction Industry Standard for Asbestos, 29 CFR 1926.1101; Respirator Standard, 29 CFR 1910.134; and the Hazard Communication Standard, 29 CFR 1926.1200. Applicable State and local asbestos regulations; and regulatory interrelationships.

4. Understanding Building Construction and Building Systems. Building construction basics, building physical plan layout; understanding building systems (HVAC, electrical, etc.); layout and organization; where asbestos is likely to be found on building systems; and renovations and the effect of asbestos abatement on building systems.

5. Asbestos Abatement Contracts, Specifications, and Drawings. Basic provisions of the contract; relationships between the principal parties, establishing chain of command; types of specifications, including means and methods, performance, and proprietary and nonproprietary; reading and interpreting records and abatement drawing; discussion of change orders; and common enforcement responsibilities and authority of project monitor.

6. Asbestos Response Actions and Abatement Practices. Pre-work inspections; prework considerations, precleaning of the work area, removal of furniture, fixtures, and equipment; shutdown/modification of building systems; construction and maintenance of containment barriers, proper demarcation of work areas; work area entry/exit, hygiene practices; determining the effectiveness of air filtration equipment; techniques for minimizing fiber release, wet methods, continuous cleaning; abatement methods other than removal; abatement area clean-up procedures; waste transport and disposal procedures; and contingency planning for emergency response.

7. Asbestos Abatement Equipment. Typical equipment found on an abatement project; air filtration devices, vacuum systems, negative pressure differential monitoring; HEPA filtration units, theory of filtration, design/construction of HEPA filtration units, qualitative and quantitative performance of HEPA filtration units, sizing the ventilation requirements, location of HEPA filtration units, qualitative and quantitative tests of containment barrier integrity; and best available technology.

8. Personal Protective Equipment. Proper selection of respiratory protection; classes and characteristics of respirator types, limitations of respirators; proper use of other safety equipment, protective clothing selection, use, and proper handling, hard/bump hats, safety shoes; breathing air systems, high pressure v. low pressure, testing for Grade D air, and determining proper backup air volumes.

9. Air Monitoring Strategies. Sampling equipment, sampling pumps (low v. high volume), flow regulating devices (critical and limiting orifices), use of fibrous aerosol monitors on abatement projects; sampling media, types of filters, types of cassettes, filter orientation, storage and shipment of filters; calibration techniques, primary calibration standards, secondary calibration standards, temperature/pressure effects, frequency of calibration, recordkeeping and field work documentation, calculations; air sample analysis, techniques available and limitations of AHERA on their use, transmission electron microscopy (background to sample preparation and analysis, air sample conditions which prohibit analysis, EPA's recommended technique for analysis of final air clearance samples), phase contrast microscopy (background to sample preparation, and AHERA's limits on the use of phase contrast microscopy), what each technique measures; analytical methodologies, AHERA TEM protocol, NIOSH 7400, OSHA reference method (non-clearance), EPA recommendation for clearance (TEM); sampling strategies for clearance monitoring, types of air samples (personal breathing zone v. fixed-station area) sampling location and objectives (pre-abatement, during abatement, and clearance monitoring), number of samples to be collected, minimum and maximum air volumes, clearance monitoring (post-visual-inspection) (number of samples required, selection of sampling locations, period of sampling, aggressive sampling, interpretations of sampling results, calculations), quality assurance; special sampling problems, crawl spaces, acceptable samples for laboratory analysis, and sampling in occupied buildings (barrier monitoring).

10. Safety and Health Issues Other than Asbestos. Confined-space entry, electrical hazards, fire and explosion concerns, ladders and scaffolding, heat stress, air contaminants other than asbestos, fall hazards, and hazardous materials on abatement projects.

11. Conducting Visual Inspections. Inspections during abatement, visual inspections using ASTM E1368 Standard Practice for Visual Inspection of Asbestos Abatement Projects; conducting inspections for completeness of removal; and discussion of "how clean is clean?"

12. Role of Other Licensed Asbestos Professionals.

13. Legal Responsibilities and Liabilities of Project Monitors. Specification enforcement capabilities; regulatory enforcement; licensing; and powers delegated to project monitors through contract documents.

14. Recordkeeping and Report Writing. Developing project logs/daily logs (what should be included, who sees them); final report preparation; and recordkeeping under Federal regulations.

15. Workshops (six hours spread over three days). Contracts, specifications and drawings: This workshop could consist of each participant being issued a set of contracts, specifications, and drawings and then being asked to answer questions and make recommendations to a project architect, engineer or to the building owner based on given conditions and these documents.

Air monitoring strategies/asbestos abatement equipment: This workshop could consist of simulated abatement sites for which sampling strategies would have to be developed (i.e., occupied buildings, industrial situations). Through demonstrations and exhibition, the project monitor may also be able to gain a better understanding of the function of various pieces of equipment used on abatement projects (air filtration units, water filtration units, negative pressure monitoring devices, sampling pump calibration devices, etc.).

Conducting visual inspections: This workshop could consist, ideally, of an interactive video in which a participant is "taken through" a work area and asked to make notes of what is seen. A series of questions will be asked which are designed to stimulate a person's recall of the area. This workshop could consist of a series of two or three videos with different site conditions and different degrees of asbestos contamination.

(5) Refresher Training. For all disciplines, annual refresher training as a requirement for relicensing as indicated in 454 CMR 28.05(5)(a) through (f):

(a) Workers. One full day (eight hours) of refresher training.

(b) Contractor/Supervisors. One full day (eight hours) of refresher training.

(c) Inspectors. Half day (four hours) of refresher training.

(d) Management Planners. 1/2 day (four hours) of inspector refresher training and 1/2 day (four hours) of refresher training for management planners.

(e) Project Designers. One full day (eight hours) of refresher training.

(f) Project Monitors. One full day (eight hours) of refresher training.

The refresher courses shall be specific to each discipline. Refresher courses shall be conducted as separate and distinct courses and not combined with any other training during the period of the refresher course. For each discipline, the refresher course shall review and discuss changes in Federal, State, and local regulations, developments in state-of-the-art procedures, and a review of key aspects of the initial training course as determined by the DLS. After completing the annual refresher course, persons shall have their license extended for an additional year from the date of the refresher course.

(6) MAP Initial Course Examinations. The following are the requirements for examination in each initial MAP discipline:

(a) Worker. 50 multiple-choice questions;

(b) Contractor/Supervisor. 100 multiple-choice questions;

(c) Inspector. 50 multiple-choice questions;

(d) Management Planner. 50 multiple-choice questions;

(e) Project Designer. 100 multiple-choice questions;

(f) Project Monitor. 100 multiple-choice questions.

(7) MAP Refresher Course Examinations.

(a) Training providers shall determine successful completion of a refresher course by conducting a written examination consisting of 25 questions at the conclusion of the course.

(b) For all of the above courses; a score of 70% or higher shall be considered passing.

(8) Requirements for Operations and Maintenance Training (O&M) and Single Specialized Materials (Class II and III) Work.

(a) Asbestos 16-hour Operations & Maintenance (Class III OSHA).
1. Initial training for maintenance workers involved in general maintenance and asbestos material repair tasks. The course agenda includes: physical characteristics of asbestos; potential health effects related to asbestos exposure; federal and state regulations; proper asbestos-related work practices; respirator user, care, and fit testing; protective clothing; hands-on exercises; and proper decontamination procedures. This course fulfills training requirements for Asbestos Associated Project Worker, OSHA Class III work, OSHA Competent Person for Classes III and IV, and AHERA O&M. The course shall be 16 hours in length with a written examination consisting of 25 multiple choice questions. A score of 70% or higher shall be considered passing. Training certificates shall be issued on an annual basis.

2. Initial training for Asbestos Operations and Maintenance Workers may be given on non-consecutive days, provided that the entire course of instruction is given within a two-week period.

3. Single Specialized Material Training for Roofing, Flooring, Siding and Joint Compounds may be provided in accordance with OSHA training requirements.

4. Refresher training for asbestos O&M workers including review of topics originally presented in the initial course is required annually. This course features a presentation of new developments in government regulations, state-of-the-art work practices and asbestos abatement industry standards. The course shall be 4 hours in length with a written multiple-choice examination consisting of 25 questions; a score of 70% or above shall be considered passing.

(b) Class III Asbestos Work (16-hour). Repair and maintenance operations, where ACM, including TSI and surfacing ACM and PACM is likely to be disturbed. Course Topics/Agenda:
1. History, Types and Use of Asbestos and Asbestos Containing Materials;

2. Health Hazards of Asbestos Exposure;

3. OSHA, EPA and State Regulatory Requirements;

4. Other Safety and Health Hazards;

5. Medical Surveillance Program;

6. Respiratory Protection/Fit Testing;

7. Respiratory Care, Use and Maintenance;

8. Personal Protective Equipment;

9. Glove Bag and Mini-enclosure Removal Demonstration;

10. Class III Control Measures and Work Practices;

11. State-of-the-art equipment and practices;

12. Setup of dust tight barriers and small-scale containments;

13. Containment Clean up and decontamination;

14. Personal Hygiene;

15. HEPA Vacuum use, care and maintenance; and

16. Course Review.

17. Refresher Training must be completed within five years; there is no grace period. Such training shall be four hours in duration.

18. Successful completion of the course shall be determined by written examination consisting of 25 multiple choice questions at the conclusion of the course. A grade of 70% or higher shall be considered passing for both initial and refresher training.

(c) Class IV Asbestos Work (2-hour) - Maintenance and custodial activities during which employees contact, but do not disturb, ACM or PACM, and activities to clean up dust, waste and debris resulting from Class I, II, and III Activities.
a. Refresher Training must be completed within five years; there is no grace period. Such training shall be 2 hours in duration.

b. Successful completion of the course shall be determined by written examination consisting of 25 multiple choice questions at the conclusion of the course. A grade of 70% or higher shall be considered passing for both initial and refresher training.

(d) For all training performed under 454 CMR 28.05, a training certificate shall be issued to each student who successfully completes the asbestos training course. Said original training certificates must include the following:
1. A unique certificate number;

2. Name of accredited person;

3. Discipline of the training course completed;

4. Dates of the training course;

5. Date of the examination;

6. An expiration date of five years after the date upon which the person successfully completed the course and examination; and

7. The name, address, and telephone number of the training provider that issued the certificate.

(e) Refresher Training within five years shall be 1/2 day (four hours) in duration. There is no grace period.

(f) Written multiple choice exam of 25 questions with a passing grade of 70% or above for initial and refresher training.

(9) The Asbestos Pipe Specialized Initial Training shall consist of:

(a) Eight hours training to include hands-on training.

(b) The training course shall address at least the following topics:
1. Types and uses of asbestos and identification of the material;

2. The nature of asbestos-related diseases and routes of exposure;

3. Applicable federal and state regulations regarding asbestos;

4. Proper techniques for cutting and removing asbestos-cement pipe, including a review of Proper use of respirator/PPE;

5. Pipe cutting demonstration(s) and pipe wrapping hands-on activity;

6. Proper final visual inspection and waste disposal procedures; and

7. Review of MassDEP's related reporting forms.

(c) Refresher Training must be completed within five years and shall be 1/2 day (four hours) in duration. There is no grace period. Successful completion of the course shall be determined by written examination consisting of 25 multiple choice questions at the conclusion of the course. A grade of 70% or higher shall be considered passing for both initial and refresher training

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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