Current through Register Vol. 39, No. 6, September 16, 2024
(a) Pursuant to
Rule .0602 of this Section, applicants for accreditation and reaccreditation
are required to successfully complete training courses approved by the Program.
Training courses:
(1) Required or recommended
by 40 CFR Part 763, Subpart E, Appendix C and approved for a specific training
provider by the Environmental Protection Agency or by a state with an
Environmental Protection Agency-approved accreditation program, or by a state
that has a written reciprocating agreement with the Program and meeting the
requirements under Paragraph (g) of this Rule shall be deemed approved by the
Program unless approval is suspended or revoked in accordance with Paragraph
(I) of this Rule;
(2) Required or
recommended under 40 CFR Part 763, Subpart E, Appendix C and having no prior
Program approval as specified in Subparagraph (a)(1) of this Rule shall meet
the requirements of 40 CFR Part 763, Subpart E, Appendix C, I and III, and this
Rule; or
(3) Other than those
covered in Subparagraphs (1) and (2) of this Paragraph which are required for
North Carolina accreditation purposes shall meet the requirements of this Rule.
Roofing worker or roofing supervisor courses taught prior to the effective date
of these Rules and after August 10, 1994, that met the requirements of Rule
.0611 of this Section shall be considered acceptable for accreditation
purposes.
(b) Refresher
training courses shall review and discuss changes in the Federal and State
regulations, developments in the state-of-the-art procedures, and key aspects
of the initial courses outlined under 40 CFR Part 763, Subpart E, Appendix C or
Rule .0611 of this Section, as applicable.
(c) At the completion of the refresher
training courses in all disciplines, the training provider shall administer a
written closed book examination, approved by the Program. The requirements for
the examination shall consist of a minimum of 25 multiple choice questions. For
successful completion of the course the applicant shall pass the exam with a
minimum score of 70 percent.
(d)
Training courses shall be evaluated to maintain approval by the Program for
course administration, course length, curriculum, training methods,
instructors' qualifications, instructors' teaching effectiveness, technical
accuracy of written materials and instruction, examination, and training
certificate. The evaluation shall be conducted using 40 CFR Part 763, Subpart
E, Appendix C, Rules .0608 and .0611 of this Section, or NIOSH 582 curriculum,
as applicable, which are hereby incorporated by reference, including any
subsequent amendments and editions. These documents are available for
inspection at the Division of Public Health, 1915 Mail Service Center, Raleigh,
North Carolina 27699-1915. Copies of 40 CFR Part 763, Subpart E, Appendix C may
be obtained by writing to the Superintendent of Documents, Government Printing
Office, P.O. Box 371954, Pittsburgh, PA 15250-7954, at a cost of twenty-six
dollars ($26.00). Copies of the NIOSH 582 curriculum may be obtained by writing
the Division of Public Health, 1915 Mail Service Center, Raleigh, North
Carolina 27699-1915 at a cost of thirty-five dollars ($35.00).
(e) Training course providers shall submit
the following for evaluation and approval by the Program:
(1) a completed application on a form
provided by the Program, along with supporting documentation. The form and
supporting documentation shall include the following:
(A) name, address, and telephone number of
the training provider, and name and signature of the contact person;
(B) course title, location and the language
in which the course is to be taught;
(C) a student manual and an instructor manual
for each course and a content checklist that identifies and locates sections of
the manual where required topics are covered;
(D) course agenda;
(E) a copy or description of all audio/visual
materials used;
(F) a description
of each hands-on training activity;
(G) a copy of a sample exam;
(H) a sample certificate with the following
information; and
(i) Name and social security
number of student;
(ii) Training
course title specifying initial or refresher;
(iii) Inclusive dates of course and
applicable examination;
(iv)
Statement that the student completed the course and passed any examination
required;
(v) Unique certificate
number as required;
(vi) For
courses covered under 40 CFR Part 763, Subpart E, Appendix C, certificate
expiration date that is one year after the date the course was completed and
the applicable examination passed;
(vii) Printed name and signature of the
training course administrator and printed name of the principal
instructor;
(viii) Name, address,
and phone number of the training provider;
(ix) Training course location;
(x) For courses required under 40 CFR Part
763, Subpart E, Appendix C, a statement that the person receiving the
certificate has completed the requisite training for asbestos accreditation
under Title II of the Toxic Substances Control Act; and
(xi) For training courses taught in languages
other than English, the certificate shall indicate the language of the
course.
(I) a list of
training currently being provided.
(2) A list of instructors and their
qualifications in accordance with Rule .0608 of this Section.
(f) An application for course
approval shall be processed as follows:
(1)
The Program shall review the application and supporting documentation submitted
pursuant to Paragraph (e) of this Rule and advise the applicant of any
deficiencies;
(2) If the submitted
documentation meets all applicable requirements of this Rule, the Program shall
notify the applicant of this and also advise the applicant that it may contact
the Program to schedule an on-site audit; of a training course taught in North
Carolina; approval of submitted documentation does not constitute course
approval;
(3) If the Program
determines, as a result of the audit, that the training course meets all
applicable requirements of this Rule, it shall issue course approval. If the
course does not meet these requirements, the Program shall notify the applicant
of the deficiencies and advise that applicant that it may request one
additional audit, which shall be held no more than six months from the date of
the first audit; a request for audit after that time shall require a new
application and fee;
(4) If the
Program determines, as the result of the second audit, that the training course
meets all applicable requirements of this Rule, it shall issue course approval.
If the course does not meet all these requirements, the Program shall notify
the applicant of the deficiencies and advise the applicant that it may not
reapply for course approval for the audited course for a period of six months
from the date of the last audit;
(5) The Program shall not accept certificates
pursuant to Rule .0602 of this Section for a training course that is not
approved or deemed approved pursuant to this Rule.
(g) Training course providers shall perform
the following in order to maintain approval of all initial and refresher
courses:
(1) Issue a certificate of training
meeting the requirements of Part (e)(1)(H) of this Rule to any student who
completes the required training and passes the applicable
examination.
(2) Submit to the
Program written notice of intention to conduct a training course for North
Carolina asbestos accreditation purposes if the course is to be taught in North
Carolina or if requested by the Program. Notices for training courses, except
asbestos worker, shall be postmarked or received 10 working days before the
training course begins. Notices for asbestos worker training courses shall be
postmarked or received five working days before the training course begins. If
the training course is canceled, the training course provider shall notify the
Program at least one working day prior to the scheduled start date.
Notification of intent to conduct a training course shall be made using a form
provided by the Program and shall include the following:
(A) Training provider name, address, phone
number and contact person;
(B)
Training course title;
(C)
Inclusive dates of course and applicable exam;
(D) Start and completion times;
(E) Identify whether the course is public
offering, contract training, or for the training provider's
employees;
(F) Location and
directions to course facility;
(G)
Language in which the course is taught; and
(H) Principal instructor.
(3) Notify the Program, in
writing, at least 10 working days prior to the scheduled course start date, of
any changes to course length, curriculum, training methods, training manual or
materials, instructors, examination, training certificate, training course
administrator or contact person. The changes must be approved by the Program in
order for the course to be acceptable for accreditation purposes.
(4) Submit to the Program information and
documentation for any course approved under Subparagraph (a) of this Rule if
requested by the Program.
(5)
Ensure that all instructors meet the requirements of Rule .0608 of this Section
and are approved by the Program.
(6) Ensure that all training courses covered
under this Rule meet the following requirements:
(A) All initial training courses shall have a
maximum of 40 students;
(B) A day
of training shall include at least six and one-half hours of direct
instruction, including classroom, hands-on training or field trips;
(C) Regular employment and instruction time
shall not exceed 12 hours in a 24 hour period;
(D) A training course shall be completed
within a two-week period;
(E) All
instructors and students shall be fluent in the language in which the course is
being taught;
(F) An interpreter
shall not be used;
(G) Upgrading
worker accreditation to that of supervisor by completing only one day of
initial training is not permitted. Separate initial training as a supervisor is
required;
(H) A single instructor
is allowed only for a worker course. Other initial disciplines shall have a
minimum of two instructors;
(I)
Instructor ratio for hands-on shall be no more than 10 students per
instructor;
(J) All course
materials shall be in the language in which the course is being
taught;
(K) Each training course
required by 40 CFR Part 763, Subpart E, Appendix C, shall be discipline
specific;
(L) Students shall be
allowed to take an examination no more than twice for each course. After two
failures, the student shall retake the full course before being allowed to
retest; and
(M) Training providers
shall provide examination security to prevent student access to the examination
materials before and after the exam. Training providers shall take measures to
preclude cheating during the exam, such as providing space between students,
prohibiting talking, and monitoring students throughout the exam.
(7) Verify, by photo
identification, the identity of any student requesting training.
(8) For each course approved or deemed
approved by the Program under Paragraph (a) of this Rule and taught in North
Carolina, the training provider shall submit a completed renewal application on
a form provided by the Program. Effective January 1, 1995, a renewal
application shall be submitted prior to the next course offering and annually
thereafter. If an annual training course renewal lapses, the provider shall
submit a renewal application prior to offering the course again in North
Carolina. Training courses approved by the Program under Paragraph (f) of this
Rule shall be taught at least once every three years in North
Carolina.
(9) Training courses
required or recommended under 40 CFR Part 763, Subpart E, Appendix C, shall
meet the requirements therein.
(10)
Work practice and worker protection demonstrations and hands-on exercises,
including, but not limited to respirator fit testing, presented in all training
courses covered under this Rule shall be conducted following the procedures
provided in 29 CFR
1926.1101 which is incorporated by reference
in Rule .0601(c) of this Section.
(h) Training course providers shall permit
Program representatives to attend, evaluate and monitor any training course,
take the course examination and have access to records of training courses
without charge or hindrance to the Program for the purpose of evaluating
compliance with 40 CFR Part 763, Subpart E, Appendix C and these Rules. The
Program shall perform periodic and unannounced on-site audits of training
courses.
(i) In accordance with
G.S.
130A-23, the Program may revoke approval for
a training course for violation of this Rule and shall revoke approval upon
revocation of approval by the Environmental Protection Agency or by any state
with an Environmental Protection Agency-approved accreditation program. A
training provider whose approval has been revoked by the Program shall not be
eligible for reapproval for a period of one year from the date of revocation.
The Program shall also revoke course approval for all courses taught by a
training provider upon a finding that the training course provider has issued
one or more certificates to an individual who did not actually attend the
course, either initial or refresher, and pass the examination. When course
approval is revoked for improper issuance of certificates, the training course
provider shall not be eligible for reapproval for a period of three years from
the date of revocation.
Authority
G.S.
130A-5(3);
130A-447;
P.L.
99-519;
Temporary Rule Eff. November
1, 1989 for a period of 180 days to expire on April 30, 1989;
Eff.
February 1, 1990;
Amended Eff. October 1, 1994; August 1,
1991;
Temporary Amendment Eff. November 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is
sooner;
Amended Eff. July 1, 1996; January 1, 1995;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. February 16,
2019.
