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 1518, March 29, 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. ½ day (four hours) of inspector refresher
training and ½ 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 ½ 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 ½ 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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