Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Certification required.
An individual who supervises asbestos-related work or has the
authority to act as the agent of the asbestos contractor at the asbestos work
area must be certified as an asbestos site supervisor by the
commissioner.
Subp. 2.
Qualifications or experience requirements.
To be eligible for certification as an asbestos site
supervisor, an individual must have either:
A. work experience of at least 2,000 hours in
asbestos-related work, safety, industrial hygiene, hazardous materials control,
or other general commercial construction trades;
B. a bachelor's degree in architecture,
engineering, physical or life science, and work experience of at least 500
hours in asbestos-related work, safety, industrial hygiene, hazardous materials
control, or other general commercial construction trades;
C. a master's degree in environmental health,
industrial hygiene, or safety; or
D. completion of an apprenticeship program
within the general commercial construction trades that 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.
Subp. 3.
Training requirements for
initial certification.
To be eligible for initial certification as an asbestos site
supervisor:
A. an applicant must
complete, before the commissioner's receipt of the application, an initial
asbestos site supervisor 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
site supervisor refresher course permitted by the commissioner under part
4620.3704 if the applicant has completed an initial asbestos site supervisor
training course specified in item A, subitem (2) or (3).
Subp. 4.
Training diploma expiration;
retraining.
The applicant for certification as an asbestos site
supervisor must complete an annual asbestos site supervisor refresher course
permitted by the commissioner under part 4620.3704 when the diploma from an
initial site supervisor training course as specified in subpart 3, item A, has
expired before the commissioner's receipt of the application.
A. The most recent asbestos site supervisor
refresher course completed 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. 5.
Initial certification application.
An applicant for initial certification as an asbestos site
supervisor 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 site supervisor training course
completed and, if applicable, verifiable evidence of each of the applicant's
original diplomas for the asbestos site supervisor refresher training
courses.
Subp. 6.
Renewal.
A. An individual
certified as an asbestos site supervisor must apply for renewal of asbestos
site supervisor certification by submitting to the commissioner a completed
renewal application. Until the renewal certificate is issued by the
commissioner, the asbestos site supervisor may continue to perform
asbestos-related work for up to 30 calendar days from the date of completing
the refresher course, provided the asbestos site supervisor:
(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 site supervisor 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 site supervisor refresher training
course required by subpart 4.
Subp. 7.
Denial of
certification.
The commissioner shall deny an application for an asbestos
site supervisor 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 site supervisor application within 30 days
of the receipt of the notice that the asbestos site supervisor application has
been denied. Fees are required for all subsequent applications.
Subp. 8.
Duration of
certificate; transfer.
An asbestos site supervisor certificate is valid for 12
months after the completion date on the diploma for the most recently completed
training course. The asbestos site supervisor certificate is not
transferable.
Subp. 9.
Duplicate certificate.
To replace a lost, destroyed, or mutilated asbestos site
supervisor certificate, the certified asbestos site supervisor must submit a
completed application for a duplicate asbestos site supervisor 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
