Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Certification of asbestos worker required.
An individual who performs asbestos-related work must be
certified by the commissioner as an asbestos worker under this part unless that
individual is certified as an asbestos site supervisor.
Subp. 2.
Qualifications or experience
requirements.
To be eligible for certification as an asbestos worker, an
individual must have completed either:
A. two years full-time attendance, or the
part-time equivalent, in an apprenticeship program for general commercial
construction trades which is either approved by the Minnesota Department of
Labor and Industry, Division of Voluntary Apprenticeship, or registered with
the United States Department of Labor, Bureau of Apprenticeship and
Training;
B. two years of
postsecondary education with an emphasis in construction management, industrial
hygiene, industrial technology safety, or physical or life science, and
completed an Occupational Safety and Health Administration's (OSHA) 510
Occupational Safety and Health Standards for the construction industry
course;
C. a vocational training
program in a construction-related discipline of not less than 18 months;
or
D. work experience of at least
1,000 hours of work experience in general commercial construction
trades.
Subp. 3.
Training requirements for initial certification.
To be eligible for initial certification as an asbestos
worker:
A. an applicant must complete
before the commissioner's receipt of the application, an initial asbestos
worker training course that is:
(1) permitted
by the commissioner under part 4620.3704;
(2) approved by the United States
Environmental Protection Agency (EPA) with the EPA approval granted after June
1, 1987; or
(3) approved by a state
asbestos training program accredited by the EPA; and
B. an applicant must complete, before the
commissioner's receipt of the application, an asbestos worker refresher course
permitted by the commissioner under part 4620.3704 if the applicant has
completed an initial asbestos worker training course specified in item A,
subitem (2) or (3).
Subp.
3a.
Training diploma expiration; retraining.
The applicant for certification as an asbestos worker must
complete an annual asbestos worker refresher course permitted by the
commissioner under part 4620.3704 when the diploma from an initial worker
training course, as specified in subpart 3, item A, has expired before the
commissioner's receipt of the application.
A. The most recent asbestos worker refresher
course taken must be permitted by the commissioner under part
4620.3704.
B. Any refresher courses
completed subsequent to the expiration of the diploma must have been completed
no more than 12 months after the expiration date of the preceding
diploma.
Subp. 4.
Application for initial asbestos worker certification.
An applicant for initial certification as an asbestos worker
must submit to the commissioner:
A. a
completed application on a form provided by the commissioner, which seeks only
information the commissioner reasonably considers necessary to identify the
applicant and to determine whether the applicant meets the statutory and
regulatory requirements for certification;
B. a nonrefundable application fee of $50,
which is not in the form of a personal check, payable to the Minnesota
Department of Health; and
C.
verifiable evidence of the applicant's original diploma for the initial
asbestos worker training course completed and, if applicable, verifiable
evidence of each of the applicant's original diplomas for the asbestos worker
refresher training courses completed.
Subp. 5.
Renewal.
A. An individual certified as an asbestos
worker must apply for renewal of the asbestos worker certification by
submitting to the commissioner a completed renewal application. Until the
renewal certificate is issued by the commissioner, the asbestos worker may
continue to perform asbestos-related work for up to 30 calendar days from the
date of completing the refresher training course, provided the asbestos worker:
(1) has submitted the certification renewal
application to the commissioner; and
(2) has a copy of the diploma, which is
issued after completing an asbestos worker refresher course, on site and
available for review by the commissioner.
B. The renewal application must include:
(1) the completed renewal application on a
form provided by the commissioner, which seeks only information the
commissioner reasonably considers necessary to identify the applicant and to
determine whether the applicant meets the statutory and regulatory requirements
for renewal of certification;
(2) a
nonrefundable renewal application fee of $50, which is not in the form of a
personal check, payable to the Minnesota Department of Health; and
(3) verifiable evidence of the training
course diploma from the most recent asbestos worker refresher training course
required by subpart 3a.
Subp. 6.
Denial of asbestos worker
certification.
The commissioner shall deny an application for asbestos
worker certification if the applicant fails to comply with all applicable
requirements in this part. Additional grounds for the commissioner to deny an
application are stated in Minnesota Statutes, section
144.99, subdivision
8, paragraphs (a) and (b). An applicant:
A. must be notified in writing of the denial
of the certificate and the reasons for the denial; and
B. is not required to pay a second fee if the
applicant submits a second asbestos worker certification application according
to subpart 4 or 5 within 30 days of receipt of notice that the asbestos worker
certification has been denied. Fees are required for all subsequent
applications.
Subp. 7.
Duration of certificate; transfer.
An asbestos worker certificate issued by the commissioner is
valid for one year after the completion date on the training course diploma for
the most recently completed training course. The asbestos worker certificate is
not transferable.
Subp. 8.
Duplicate certificate.
To replace a lost, destroyed, or mutilated asbestos worker
certificate, the certified asbestos worker must submit a completed application
for a duplicate asbestos worker certificate and pay a charge to the Minnesota
Department of Health for the cost of duplicating the certificate.
Statutory Authority: MS s
16A.1285;
144.05;
144.122;
326.70 to
326.81
