Current through Register Vol. 39, No. 6, September 16, 2024
(a) Training
courses taught in North Carolina for lead certification shall be accredited by
the Program, and shall be offered by an accredited training provider, pursuant
to Rule .0806 of this Section. If the course is accredited by a state, tribe,
or territory that has a written reciprocating agreement with the Program, the
course shall meet the requirements of Paragraphs (b), (c), (e), (h), and (i) of
this Rule and Rule .0806 of this Section to become accredited by the
Program.
(b) A training provider
may apply for initial and refresher training course accreditation for any of
the following disciplines: inspector, risk assessor, supervisor, project
designer, and worker. Training provider applying for accreditation shall submit
a completed training course application to the Program for review and approval,
pursuant to Paragraph (e) of this Rule. Once a training course is accredited,
any changes in curriculum, hands-on exercises, principal instructor, or quality
control plan from the original course accreditation application shall be
approved by the Program prior to implementation.
(c) For all courses, the training provider
shall administer a closed book examination. Initial courses, except the Project
Designer Course shall also include a hands-on skills assessment. The initial
course examination shall consist of a minimum of 50 multiple choice questions,
and the refresher course examinations shall consist of a minimum of 25 multiple
choice questions.
(d) Training
courses shall be evaluated for accreditation purposes 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 745 Subpart L.
(e) Training course providers shall submit
the following for evaluation and accreditation 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, training
manager, and principal instructor;
(B) course title, location and the language
in which the course is to be taught;
(C) course agenda;
(D) a copy of all written instructional
material used;
(E) learning or
performance objectives for each topic to be taught;
(F) a copy or description of all audio/visual
materials used;
(G) a description
of each hands-on training activity and skills assessment, including criteria
for student proficiency;
(H) a
description of instructional facilities and equipment;
(I) a copy of a sample exam with correct
answers marked;
(J) a sample
certificate with the following information:
(i) Name, address, 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 successfully completed the course and passed the
required examination and hands-on skills assessment;
(v) Unique certificate number;
(vi) Printed name and signature of the
training course manager and printed name of the principal instructor;
(vii) Name, address, and telephone number of
the training provider;
(viii)
Training course location;
(ix) For
worker training courses taught in languages other than English, the certificate
shall indicate the language of the course; and
(K) a list of accredited lead training
courses currently being provided for certification.
(2) A list of instructors who will teach in
North Carolina and their qualifications in accordance with Paragraph (f) of
this Rule.
(3) A copy of the course
quality control plan that meets the requirements of
40 CFR
745 Subpart L Subsection
.225(c)(9).
(f) All
instructors and training managers shall be approved by the Program. Any person
seeking approval as a training manager or instructor for courses covered under
these Rules and taught in North Carolina shall meet the following requirements:
(1) Training managers and instructors shall
meet the requirements of 40
CFR 745 Subpart L Subsection .225(c), except
that guest instructors who teach work practice topics and hands-on training
shall meet the training requirements for principal instructors; however, guest
instructors whose course instruction is limited to conducting training for XRF
instruments are not required to meet the requirements for principal
instructors;
(2) Principal
instructors and guest instructors who teach work practice topics or hands-on
training shall meet the training requirements for certification, pursuant to
Rule .0802 of this Section, for the discipline in which instructor approval is
sought; and
(3) All training
providers shall submit to the Program a completed application with the
following information:
(A) name, address, and
telephone number of the applicant;
(B) name, address, and telephone number of
the training provider that is employing the applicant;
(C) when training course completion is a
requirement, confirmation of completion of an accredited initial or refresher
training course from the training agency, the confirmation shall be in the form
of an original certificate of completion of the accredited training course or
the following information: the course title, dates of instruction, names of
instructors, name, address, and telephone number of the training
provider;
(D) when education is a
requirement, a copy of the diploma or other written documentation;
and
(E) when work experience is a
requirement, documentation of relevant work history, including employer name,
address, and telephone number, positions held, dates when positions were held,
and legible copies of any relevant licenses, registrations, or
certifications.
(g) An application for course accreditation
shall be processed as follows:
(1) The
Program shall review the application and supporting documentation and advise
the applicant of any deficiencies. If the deficiencies are not corrected within
one year from the date of application, the application and any supporting
documentation may be returned to the applicant and the applicant shall be
required to re-submit a completed application. Approval of submitted
documentation does not constitute course accreditation;
(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. The on-site audit shall be of a class of at least two student
attendees and taught in North Carolina;
(3) If the Program determines, as a result of
the on-site audit, that the training course meets all applicable requirements
of this Rule, it shall issue course accreditation. If the course does not meet
these requirements, the Program shall notify the applicant of the deficiencies
and advise the applicant that it may request one additional on-site audit,
which shall be held no more than six months from the date of the first
audit;
(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 accreditation
If the course does not meet all these requirements, the Program shall notify
the applicant of the deficiencies, return all application materials, and advise
the applicant that it may not reapply for course accreditation for the audited
course for a period of six months from the date of the last audit.
(h) Training course providers
shall perform the following in order to maintain accreditation of all initial
and refresher courses:
(1) Issue a certificate
of training meeting the requirements of Part (e)(1)(J) of this Rule to any
student who successfully completes the required training, passes the hands on
skills assessment, and passes the applicable examination.
(2) Submit to the Program written notice of
intention to conduct a training course for North Carolina lead certification
purposes if the course is to be taught in North Carolina. Notices for training
courses, except lead worker, shall be postmarked or received 10 working days
before the training course begins. Notices for lead 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,
telephone number and contact person;
(B) Training course title;
(C) Inclusive dates of course and applicable
exam;
(D) Start and completion
times;
(E) Location of the course
facility and directions to the course facility if the site is not routine for
the training provider;
(F) Language
in which the course is taught;
(G)
Principal instructor; and
(H)
Signature of the training manager.
(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 manager or
contact person.
(4) Submit to the
Program information and documentation for any course approved under Paragraph
(e) of this Rule if requested by the Program.
(5) Ensure that all training managers and
instructors are approved by the Program.
(6) Ensure that all training courses covered
under this Rule meet the requirements of 40 CFR Part 745 Subpart L, Subsection
225(c), (d), and (e) and the following requirements:
(A) The instructor must follow the curriculum
that was approved by the Program or a state, tribe, or territory with whom the
Program has a reciprocity agreement. The schedule may be adjusted, but all
curriculum elements shall be covered.
(B) All initial and refresher training
courses shall have a maximum of 40 students;
(C) A day of training shall include at least
six and one-half hours of direct instruction, including classroom, hands-on
training or field trips;
(D) Work
time and instruction time shall not exceed 12 hours in a 24 hour
period;
(E) A training course shall
be completed within a two-week period;
(F) A single instructor is allowed only for a
worker course. Other initial disciplines shall have a minimum of two
instructors;
(G) Instructor ratio
for hands-on training shall be no more than 10 students per
instructor;
(H) All course
materials shall be in the language in which the course is being
taught;
(I) Each training course
shall be discipline specific;
(J)
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
(K)
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
accredited by the Program, and taught in North Carolina, the training provider
shall submit a completed renewal application on a form provided by the Program.
Effective July 1, 1999, 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.
(9) 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 in accordance with Rule .0807 of this Section and
29 CFR
1926.62, which is hereby incorporated by
reference, including any subsequent amendments and editions. Copies may be
obtained by writing the NC Department of Labor, Bureau of Education, Training
and Technical Assistance, 319 Chapanoke Road, Suite 105, Raleigh, NC, 27603, at
a cost of ten dollars and sixty cents ($10.60).
(i) 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 these Rules. The Program shall perform periodic and unannounced
on-site audits of training courses.
(j) In accordance with
G.S.
130A-23, the Program may suspend or revoke
accreditation for a training course for any violation of G.S. 130A, Article 19A
or these Rules and may revoke accreditation upon revocation of accreditation by
the EPA or by an EPA authorized accreditation program.
Authority
G.S.
130A-453.07;
130A-453.11;
150B-21.1(a)(3);
Eff. July 1, 1998;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. February 16,
2019.
