Current through September 17, 2024
A training provider must not provide, offer, or claim to
provide Nebraska approved asbestos training programs or review courses without
applying for and receiving accreditation from the Department.
005.01
COURSE APPROVAL
PROCESS. All asbestos occupation training or annual review
courses, including a training course on Nebraska law asbestos occupation
licensure or license renewal, including lectures, seminars, course materials
and other instructional programs, must be reviewed and approved by the
Department before they are offered. All applications for approval of an
occupation training or annual review course must be submitted on a form
provided by the Department. A separate application for each course for which
approval is sought is required. Correspondence courses will not be approved by
the Department.
005.02
GENERAL REQUIREMENTS. All course providers must meet
the following:
(A) Include instruction on
Nebraska Law in accordance with this chapter;
(B) Only use approved instructors to teach
training courses;
(C) Ensure that
participants completing an initial training course, annual review course or
course on Nebraska Law demonstrate at least the minimum acceptable proficiency
in tasks or duties connected with each unit of the components set forth in 178
NAC 22-006, and that participants completing the course are given a final
written examination in that course including at least the following number of
multiple choice questions:
(i) Asbestos
Workers - 50 questions;
(ii)
Asbestos Supervisors -100 questions;
(iii) Asbestos Project Designers -100
questions;
(iv) Asbestos Inspectors
- 50 questions;
(v) Asbestos
Management Planners - 50 questions;
(vi) Asbestos Project Monitor -100 questions;
and
(vii) Nebraska Law - 50
questions;
(D) Ensure an
individual attends all course presentations and passes the final written
examination with a score of at least 70% for successful course
completion;
(E) Document an
individual's successful completion of a course in a numbered certificate or
letter, the original of which must be given to the individual no later than 15
days after the date of the final written examination, containing the following
information:
(i) The student's
name;
(ii) The date or dates that
the course was attended;
(iii) The
name, address, and telephone number of the course provider, and the location of
the course, if different from that of the course provider;
(iv) Discipline of the training course
completed;
(v) A statement that the
student passed the final written examination with a score of at least 70% and
has completed the requisite training for asbestos accreditation under Toxic
Substances Control Act Title II, 40 CFR Part 763 , and the State of Nebraska
asbestos regulations and statutes;
(vi) A unique certificate number;
(vii) Date of examination; and
(viii) An expiration date of one year after
the date upon which the person successfully completed the course and
examination;
(F) Submit a
document to the Department signed by the administrator or operating officer of
the course within 15 days after the date of the final written examination the
information required in 178 NAC 22-005.02(E);
(G) Maintain attendance information for
asbestos occupation courses, as stipulated by 178 NAC 22-005.02(E), for a
minimum of three years from the date of completion of each course. Attendance
records are subject to review by the Department upon request. If a training
provider ceases to conduct training, the training provider must notify the
Department and give it the opportunity to take possession of that provider's
asbestos training records;
(H)
Courses described in this chapter must be based on an eight hour day, including
time allotted for breaks and one meal. Full day classes must have a minimum of
6.5 hours of contact time and half day classes must have a minimum of 3.75
hours of contact time in instructional, examination, or workshop activities.
Activities must follow submitted and approved curriculum. Meal breaks must be
offered at about the midpoint of the full day course;
(I) Courses must meet or exceed the minimum
number of hours and the training requirements set forth in this chapter; and
(J) The training site must
accommodate course participants comfortably and provide adequate sanitation and
safety.
005.03
TRAINING PROVIDER APPLICATION. To apply for approval
of an individual asbestos occupation course, the applicant must submit a
completed application provided by the Department and provide documentation
demonstrating that the applicant meets statutory requirements and the
requirements of this chapter.
005.04
ACCREDITATION. Once accreditation for an asbestos
occupation course has been granted, the Department need not approve a course
for each occasion on which the course is administered, but will make an annual
determination of whether or not to extend accreditation. If an accredited
course has not been presented by a training provider in a two year period that
training provider forfeits its Department accreditation for that particular
course two years from the last active course date. Course providers that lose
accreditation for particular courses may resubmit an application in accordance
with 178 MAC 22-005.02 requirements.
005.05
COMPLIANCE.
The course provider of an accredited course must comply with the following:
(A) Notify the Department in writing at least
five working days in advance of the dates, times, and location for each
presentation of an approved course. Immediately notify the Department by phone
or electronic means if any scheduled course is cancelled.
(B) Submit the following information to the
Department annually on the anniversary of course approval:
(i) A report to include the number of
occasions the course was given and the numbers attending, negative reports are
required; and
(ii) An updated course
manual and updates to other course materials.
005.06
ON-SITE
INSPECTION. All presentations of an accredited course are subject
to on-site inspection by the Department at any reasonable time. When a course
is reviewed, the Department will not be assessed an attendance fee.
005.07
COURSE
CHANGES. Prior to a course provider making any change to an
approved course on any of the items required to be in the original application
as listed in 178 NAC 22-005.03, the course provider must inform the Department
immediately, in writing, and reapply for course approval in accordance with
this chapter.
005.08
SPECIAL ACCOMMODATIONS. If individuals taking the
examination for worker licensure or renewal have difficulty reading the
examination, for whatever reason, the course provider may make special
provisions for that individual as follows:
(A) The only occupation eligible for special
examination procedures is an asbestos worker. All other asbestos occupations
must be able to read project designs, specifications, and notifications
proficiently;
(B) If an individual
desires special accommodations, the request must be made to the course provider
in advance and be approved;
(C) To
accommodate the individual requesting special accommodations the course
provider may allow the individual extra time in which to finish taking the
examination; and
(D) To accommodate
the individual requesting special accommodations, the course provider may
provide a reader to read the examination to the individual. Readers may not be
provided by the individual taking the examination. In no event will such reader
translate or interpret the examination, or indicate the correct answers to the
examination questions by voice inflection or any other means. If this method is
used, it must be done in a manner or in an area that will not be distracting to
other individuals taking the examination.
005.09
RESTRICTIONS.
In order to assure the integrity of training received by individuals, providers
of approved training courses may not train or issue training certificates to
the owners, officers, or stockholders of the training provider or any
affiliated company.
005.10
VIOLATIONS. The Department may deny, suspend, or
revoke accreditation of an asbestos occupation course, whether initial, renewal
or course on Nebraska law, for any of the following reasons:
(A) Fraud or misrepresentation in an
application;
(B) Failure to provide
notification to the Department of the commencement or cancellation of a
training course as required by this chapter;
(C) Failure to maintain or submit to the
Department course information as required by this chapter;
(D) Failure to permit on-site inspections by
Department employees or permit inspections of training records;
(E) Fraud or misrepresentation in issuing or
obtaining training certificates;
(F) Failure to pay any fee assessed under
these regulations, or
(G) Failure at
any time to comply with requirements of the Asbestos Control Act or this
chapter.
