New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter II - Administrative Rules and Regulations
Subchapter I - Environmental Health
Part 73 - Asbestos Safety Program Requirements
Section 73.2 - Administrative requirements and practices for asbestos safety training providers
Current through Register Vol. 46, No. 12, March 20, 2024
The following administrative requirements and their application in the training program must be met and maintained by all asbestos safety training providers. Plans and procedures for meeting these requirements must be part of any application submitted by a training provider for accreditation of an asbestos safety training program.
(a) Training director. Each asbestos safety training provider must have designated at all times a training director who is approved by the department. The name and credentials of the training director shall be submitted for department review with each application for accreditation of an asbestos safety training program and whenever a new training director is designated. The training director shall have experience in designing, implementing and evaluating either employee educational programs in asbestos safety or vocational educational programs related to asbestos. The training director shall be directly involved in the program.
(b) All instructors for approved programs must meet the minimum qualifications as described in section 73.4 of this Part. Only instructors approved by the department may be used to give instruction in a program accredited by the Commissioner of Health.
(c) The training provider shall ensure that all facilities and equipment necessary to conduct programs are adequate for and appropriate to the delivery of such programs and shall certify the adequacy of the facilities and equipment in the initial application for accreditation and with every requested change in facility and equipment. Equipment shall be available in sufficient quantity to accommodate students' needs and shall be maintained in proper working order. Training equipment that reflects current work practices must be provided.
(d) The training provider shall use, but is not limited to using, any materials, information or audio-visual aids which are required by the Department of Health (DOH). Materials, information or audio-visual aids not required, but which are to be used by the training provider, must first be approved by the Department of Health.
(e) The training provider will put in place a quality assurance program that will:
(f) The training provider shall send a minimum of one delegate to any meeting as required by the Department of Health.
(g) The training provider shall administer an examination, specific for each accredited training program, which is provided by or approved by the Department of Health and as described in section 73.7 of this Part.
(h) The training director or other representative of the training provider with supervisory authority over the training program shall inform the Department of Health in writing two weeks in advance of any asbestos safety training program to be conducted by the training provider and shall permit a representative(s) from the Department of Health or the Department of Labor to attend, without charge. The representative(s) will observe the program to insure compliance with this Part. Training notification received with less than two weeks notice but at least 72 hours notice from the proposed date of training must be accompanied by a roster of students scheduled to attend. The department will not recognize any program presented with less than 72 hours advance notice unless the program is being presented in response to an environmental emergency. Cancellation of any scheduled program must be communicated to the department by telephone or by fax no later than 10:00 a.m. of the first day on which the training program was to be held.
(i) The training provider must notify the department in writing of any changes in any aspect of an approved training program prior to implementing such change. Changes may not be implemented unless they are in accordance with the requirements of this Part and have been approved by the department. Changes include, but are not limited to, changes in training director, instructor(s), program topics, teaching methods, language in which the program is given, training date, location of scheduled training, or any other aspect of the training program as described in this Part.
(j) If any revision in State or Federal asbestos safety training regulations occur, or any other revisions (changes) occur which necessitate a change in an approved asbestos safety training program, the Department of Health will notify the approved training providers. Approved training providers must incorporate the changes into the next scheduled training program unless otherwise specified by the Department of Health.
(k) The training provider shall present an asbestos safety training program only in the language specified in the application submitted to the Department of Health for accreditation. The use of interpreters in the presentation of the program is not permitted. A training provider must submit a separate application for each language in which the asbestos safety training program will be presented. The application for a language other than English must include all of the elements specified in section 73.3 of this Part and, in addition, include an accurate translation of all training materials into the language in which the training program is to be presented, the equivalent English version if not already approved, a notarized letter from the translator attesting to the accuracy of the translation from English into the foreign language and evidence that all instructors to be used in the program's presentation are fluent in that language.
(l)
(m) All training programs must be completed within a period of two weeks. Attendees shall not be required to attend more than eight hours of training in any single 24 hour period. Evening sessions shall not exceed a maximum of four hours for any single session. The number of hours of training required for each training program, which must be completed within a two week time period by the individual seeking a New York State Department of Health certificate of asbestos safety training completion (DOH 2832), shall be as follows:
(n) The classroom and hands-on ratio of students to instructors shall not exceed the following:
(o) A person seeking accreditation in any one of the disciplines cannot attend two or more programs concurrently but may attend such programs sequentially. Trainees must complete all portions of the training to successfully complete the program.
(p) The training provider must verify initial and refresher training credentials submitted by individuals prior to their enrollment into a refresher program. Verification of training credentials to ensure valid accredited training is a prerequisite for admittance into a New York State Department of Health approved refresher training program. Receipt of these credentials and verification that the training credentials meet USEPA or model accredited State plan requirements must occur before the individual is allowed to take the refresher training program. New York State Department of Health approved training providers must respond to requests for such verification when requested by other approved training providers.