Current through Register Vol. 49, No. 18, September 16, 2024
(1) Reciprocity. The
Office of Lead Licensing and Accreditation (OLLA) may issue an accreditation
certificate to any person or entity that has made application, paid the
necessary fees, and provided proof of accreditation from another state,
provided that OLLA has entered into a reciprocity agreement with that
state.
(2) Good Standing. Every
corporation desiring accreditation of the lead inspector, risk assessor, lead
abatement worker, lead abatement supervisor and/or project designer training
course under sections
701.300 through
701.338,
RSMo, must be registered and in good standing with the Missouri secretary of
state's office.
(3) Application for
Accreditation of a Training Provider for a Training Course.
(A) Completed applications shall be mailed to
the Missouri Department of Health, Attention: Fee Receipts, P.O. Box 570,
Jefferson City, MO 65102-0570.
(B)
The application shall include the following:
1. Completed training provider course
accreditation application form provided by OLLA which shall include:
A. The training provider's name, address, and
telephone number;
B. The name and
date of birth of the training manager;
C. The name and date of birth of the
principal instructor for each course;
D. A list of locations at which training will
take place;
E. A list of courses
for which the training provider is applying for accreditation; and
F. A statement signed by the training manager
certifying that the information provided in the application for accreditation,
and any additional information included with the application, is true and
accurate to the best of the training manager's knowledge and understanding,
that the training provider will comply with
19
CSR 30-70.310 through
19
CSR 30-70.400, and that the training provider will
only conduct lead training in those occupations in which the training provider
has received accreditation;
2. A copy of the student and instructor
manuals;
3. Course
agenda;
4. Course examination
blueprint;
5. A copy of the quality
control plan as described in subsection (6)(H) of this regulation;
6. A copy of a sample course certificate as
described in subsection (6)(G) of this regulation;
7. A description of the facilities and
equipment to be used for lecture and hands-on training;
8. A description of the activities and
procedures that will be used for conducting the hands-on skills assessment for
each course;
9. A check or money
order for the non-refundable fee of one thousand dollars ($1,000) per course
made payable to the Missouri Department of Health; provided, however, that
training providers who are a state, federally recognized Indian tribe, local
government or nonprofit organization shall be exempt from payment of such fee;
and
10. Supporting documentation of
the training manager's and principal instructor's qualifications.
(4) Application for
Accreditation of a Training Provider for a Training Course Under Reciprocity.
(A) Completed applications shall be mailed to
the Missouri Department of Health, Attention: Fee Receipts, P.O. Box 570,
Jefferson City, MO 65102-0570.
(B)
The application shall include the following:
1. Completed training provider course
accreditation application form provided by OLLA which shall include:
A. The training provider's name, address, and
telephone number;
B. The name and
date of birth of the training manager;
C. The name and date of birth of the
principal instructor for each course;
D. A list of locations at which training will
take place;
E. A list of courses
for which the training provider is applying for accreditation; and
F. A statement signed by the training manager
certifying that the information provided in the application for accreditation,
and any additional information included with the application, is true and
accurate to the best of the training manager's knowledge and understanding,
that the training provider will comply with
19
CSR 30-70.310 through
19
CSR 30-70.400, and that the training provider will
only conduct lead training in those occupations in which the training provider
has received accreditation;
2. Course agenda;
3. Course examination blueprint;
4. A copy of the quality control plan as
described in subsection (6)(H) of this regulation;
5. A copy of a sample course certificate as
described in subsection (6)(G) of this regulation;
6. A description of the facilities and
equipment to be used for lecture and hands-on training;
7. A description of the activities and
procedures that will be used for conducting the hands-on skills assessment for
each course;
8. A check or money
order for the non-refundable fee of one thousand dollars ($1,000) per course
made payable to the Missouri Department of Health; provided, however, that
training providers who are a state, federally recognized Indian tribe, local
government or nonprofit organization shall be exempt from payment of such fee;
and
9. Supporting documentation of
the training manager's and principal instructor's qualifications.
(5) Procedure for
Issuance or Denial of a Training Provider for a Training Course.
(A) OLLA will inform the applicant in writing
that the application is either approved, incomplete, or denied.
1. If an application is incomplete, the
notice shall include a list of additional information or documentation required
to complete the application.
A. Within thirty
(30) calendar days after the issuance date of the notice of incomplete
application, the applicant shall submit to OLLA in writing, the information
requested in the written notice.
B.
Failure to submit the information requested in the written notice within thirty
(30) calendar days shall result in denial of the application for a training
course accreditation.
C. After the
information in the written notice is received, OLLA will inform the applicant
in writing that the application is either approved or denied.
2. If an application is approved,
OLLA shall issue a two (2) year accreditation certificate.
3. If an application for training course
accreditation is denied, OLLA shall state in the notice of denial to the
applicant the specific reasons for the denial.
A. OLLA may deny training course
accreditation for any one (1) or any combination of the following reasons:
(I) Failure of the training manager and/or
principal instructor to satisfy the experience requirements;
(II) History of citations or violations of
existing local, state and federal regulations or standards;
(III) Persons listed in the application have
been convicted of a felony under any state or federal law or have entered a
plea of guilty or nolo contendere in a criminal prosecution
under the laws of any state or of the United States;
(IV) False or misleading statements in the
application;
(V) False records,
instructor qualifications, or other accreditation-related information or
documentation;
(VI) Failure of the
applicant to submit a complete application; or
(VII) Final disciplinary action against a
training provider by another state, territory, federal agency or country,
whether or not voluntarily agreed to by the training provider, including, but
not limited to, the denial of accreditation, surrender of the accreditation,
allowing the accreditation to expire or lapse, or discontinuing or restricting
the accreditation while subject to investigation or while actually under
investigation by another state, territory, or federal agency or
country.
(B) If an application is denied, the
applicant may reapply for accreditation at any time.
(C) If an applicant is aggrieved by a
determination to deny accreditation, the applicant may request a hearing by the
department according to Chapter 536 of the Administrative Procedures
Act.
(6) Requirements
for Accreditation of a Training Provider for a Training Course. For a training
provider to maintain accreditation from OLLA to offer a training course, the
training provider shall meet the following requirements:
(A) Training Manager. The training provider
shall employ a training manager who meets the requirements in subsection (7)(A)
of this regulation. The training manager shall be responsible for ensuring that
the accredited training provider complies at all times with all of the
requirements in these regulations. The training manager may designate guest
instructors as needed to provide instruction specific to the lecture, hands-on
activities, or work practice components of a course;
(B) Principal Instructor. The training
provider, in coordination with the training manager, shall designate a
qualified principal instructor who meets the requirements in subsection (8)(A)
of this regulation. The principal instructor shall be responsible for the
organization of the course and oversight of the teaching of all course
materials;
(C) The training
provider shall meet the requirements set forth in subsections (6)(D) through
(N) of this regulation for each course contained in the application for
accreditation of a training provider for a training course;
(D) Delivery of Course. The training provider
shall ensure the availability of, and provide adequate facilities for, the
delivery of the lecture, course exam, hands-on training, and assessment
activities. This includes providing training equipment that reflects current
work practice standards set forth in
19
CSR 30-70.600 through
19 CSR
30-70.650 and maintaining or updating the course
materials, equipment and facilities as needed;
(E) Course Exam. For each course offered, the
training provider shall conduct a monitored, written course exam at the
completion of each course. An oral exam may be administered in lieu of a
written course exam for the lead abatement worker course only. If an oral
examination is administered, the student is required to provide his or her
answers to the exam in writing.
1. The course
exam shall evaluate the trainee's competency and proficiency.
2. All individuals must pass the course exam
in order to successfully complete any course and receive a course completion
certificate. Seventy percent (70%) shall be considered the passing score on the
course exam.
3. The training
provider and the training manager are responsible for maintaining the validity
and integrity of the course exam to ensure that it accurately evaluates the
trainees' knowledge and retention of the course topics;
(F) Hands-On Skills Assessment. For each
course offered, except for project designers, the training provider shall
conduct a hands-on skills assessment. The training manager is responsible for
maintaining the validity and integrity of the hands-on skills assessment to
ensure that it accurately evaluates the trainees' performance of the work
practices and procedures associated with the course topics;
(G) Course Completion Certificate. The
training provider shall issue unique course completion certificates to each
individual who passes the training course. The course completion certificate
shall include:
1. The name, a unique
identification number, and address of the individual;
2. The name of the particular course that the
individual completed;
3. Dates of
course completion/exam passage; and
4. The name, address and telephone number of
the training provider;
(H) Quality Control Plan. The training
manager shall develop and implement a quality control plan. The plan shall be
used to maintain or improve the quality of the accredited training provider
over time.
1. This plan shall contain at
least the following elements:
A. Procedures
for periodic revision of training materials and the course exam to reflect
innovations in the field;
B.
Procedures for the training manager's annual review of principal instructor
competency; and
C. A review to
ensure the adequacy of the facilities and equipment.
2. An annual report discussing the results of
the quality control plan shall be submitted to OLLA one (1) year following
accreditation and at renewal;
(I) Access by OLLA. The accredited training
provider shall allow OLLA to conduct audits as needed in order for OLLA to
evaluate the provider's compliance with OLLA accreditation requirements. During
this audit, the provider shall make available to OLLA information necessary to
complete the evaluation. At OLLA's request, the provider shall also make
documents available for photocopying;
(J) Recording Keeping. The accredited
training provider shall maintain at its principal place of business, for at
least five (5) years, the following records:
1. All documents specified in subsections
(7)(B) and (8)(B) of this regulation that demonstrate the qualifications listed
in subsection (7)(A) of this regulation for the training manager, and
subsection (8)(A) of this regulation for the principal instructor;
2. Curriculum/course materials and documents
reflecting any changes made to these materials;
3. The course examination and
blueprint;
4. Information regarding
how the hands-on skills assessment is conducted including, but not limited to:
A. Who conducts the assessment;
B. How the skills are graded;
C. What facilities are used;
D. The pass/fail rate; and
E. The quality control plan as described in
subsection (6)(H) of this regulation;
5. Results of the students' hands-on skills
assessments and course exams, and a record of each student's course completion
certificate; and
6. Any other
material not listed in paragraph (6)(J)4. of this regulation that was submitted
to OLLA as part of the training provider's application for
accreditation;
(K)
Course Notification. The accredited training provider shall notify OLLA in
writing fourteen (14) calendar days prior to conducting an accredited training
course.
1. The notification shall include:
A. The location of the course if it will be
conducted at a location other than the provider's training facility;
B. The dates and times of the
course;
C. The name of the course;
and
D. The name of the principal
instructor and any guest instructors conducting the course.
2. If the scheduled training
course has been changed or canceled, the accredited training provider shall
notify OLLA in writing twenty-four (24) hours prior to the scheduled training
course;
(L) Changes of a
Training Course. Once a training course has been accredited, any changes in any
one (1) of the items listed below must be submitted in writing to OLLA for
review and approval prior to the continuation of the training course:
1. Course curriculum;
2. Course examination;
3. Course materials;
4. Training manager and/or principal
instructors; and/or
5. Certificate
of completion.
Within sixty (60) calendar days of receipt of a change of a
training course, OLLA shall inform the provider in writing that the change is
either approved or disapproved. If the change is approved, the accredited
training provider shall include the change in the training course. If the
change is disapproved, the accredited training provider shall not include the
change in the training course;
(M) Change of Ownership. If an accredited
training provider changes ownership, the new owner shall notify OLLA in writing
at least thirty (30) calendar days prior to the change of ownership becoming
effective. The notification shall include a new training course provider
accreditation application, the appropriate fee(s), and the date that the change
of ownership will become effective. The new training course provider
accreditation application shall be processed pursuant to
19
CSR 30-70.320. The current training provider's
accreditation shall expire on the effective date set forth in the notification
of the change of ownership; and
(N)
Change of Address. The accredited training provider shall notify OLLA in
writing of the accredited training provider's new address, telephone number and
description of the new training facility, and shall submit such notification to
OLLA not later than thirty (30) days prior to relocating its business or
transferring its records.
(7) Training, Education and Experience
Requirements for the Training Manager.
(A)
The education and/or experience requirements for the training manager shall
include one (1) year of experience in lead or asbestos abatement, painting,
carpentry, renovation, remodeling, occupational safety and health, or
industrial hygiene; and at least one of the following:
1. A minimum of two (2) years of experience
teaching or training adults;
2. A
bachelor's or graduate degree in building construction technology, engineering,
industrial hygiene, safety, public health, business administration, education;
or
3. A minimum of two (2) years
experience in managing a training program specializing in environmental
hazards.
(B) The
following records of experience and education shall be recognized by OLLA as
evidence that the individual meets or exceeds OLLA requirements for a training
manager:
1. Resumes, letters of reference
from past employers, or documentation to evidence past experience, which
includes dates (month/year) of employment, employer's name, address, telephone
number, and specific job duties, as evidence of meeting the experience
requirements; and
2. Official
academic transcripts or diploma, as evidence of meeting the education
requirements.
(8) Training, Education and Experience
Requirements for the Principal Instructor.
(A) The training, education and experience
requirements for the principal instructor of a training course includes all of
the following:
1. Successfully completed at
least twenty-four (24) hours of any OLLA- or Environmental Protection Agency
(EPA)-accredited lead-specific training;
2. A minimum of one (1) year of experience in
teaching or training adults; and
3.
A minimum of one (1) year of experience in lead or asbestos abatement,
painting, carpentry, renovation, remodeling, occupational safety and health, or
industrial hygiene, or an associate degree or higher from a post-secondary
educational institution in building construction technology, engineering,
safety, public health, or industrial hygiene; and
(B) The following records of experience and
education shall be recognized by OLLA as evidence that the individual meets or
exceeds OLLA requirements for a principal instructor:
1. Course completion certificates issued by
the OLLA- or EPA-accredited training provider as evidence of meeting the
training requirements.
2. Official
academic transcripts or diploma, as evidence of meeting the education
requirements.
3. Resumes, letters
of reference from past employers, or documentation to evidence past experience,
which includes dates (month/year) of employment, employer's name, address,
telephone number, and specific job duties, as evidence of meeting the
experience requirements.
*Original authority: 701.301, RSMo 1998 and 701.314, RSMo
1993, amended 1998.