Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 295 - OCCUPATIONAL HEALTH
Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION
Section 295.204 - Accreditation of Training Program Providers
Universal Citation: 25 TX Admin Code ยง 295.204
Current through Reg. 49, No. 38; September 20, 2024
(a) Accreditation requirement.
(1) A training program provider may seek
accreditation from the department to offer courses in any of the following
disciplines:
(A) lead inspector;
(B) lead risk assessor;
(C) lead abatement supervisor;
(D) lead abatement project designer;
and
(E) lead abatement
worker.
(2) A training
program provider may also seek accreditation to offer refresher courses for
each of the disciplines listed in paragraph (1) of this subsection.
(3) A training program provider shall not
provide, offer, or claim to provide department-accredited training courses for
certification purposes without accreditation from the department as required
under subsection (c) of this section.
(b) Fees.
(1) Two-year accreditations. Effective
January 1, 2005, the fee for a two-year lead training program provider
accreditation shall be $1,000. The fee payment must accompany the application.
After initial accreditation, an application and a fee of $100 shall be
submitted for each additional course discipline the training provider wishes to
teach. Applicants seeking a replacement accreditation certificate shall submit
such a request in writing on a department-issued form along with the reissuance
fee of $20.
(2) Three-year
accreditations. Three-year accreditations, which were issued prior to January
1, 2005, shall remain valid for the remainder of their three-year term provided
that the annual fee of $500 is paid on time to the department. Upon expiration
of this three-year accreditation, a fee of $1,000 for a two-year renewal
accreditation shall be paid upon submission of a complete application. Trainers
who possess a three-year accreditation on January 1, 2005, must submit an
annual fee when due accompanied by a payment coupon issued by the department.
In order to retain a three-year accreditation for the remainder of its term,
all annual fees must be paid on time as required. Failure to make a timely
annual fee payment may result in the suspension of the accreditation. After
initial accreditation, an application and a fee of $100 shall be submitted for
each additional course discipline the training provider wishes to teach.
Applicants seeking a replacement accreditation certificate shall submit such a
request in writing on a department-issued form along with the reissuance fee of
$20.
(3) TexasOnline. The
department is authorized to collect subscription and convenience fees, in
amounts determined by the TexasOnline Authority, to recover costs associated
with processing accreditation applications through TexasOnline, in accordance
with the Texas Government Code, §
2054.111
(relating to Use of TexasOnline Project).
(c) Application process. The following are procedures a training program provider shall follow to receive department accreditation to offer lead-based paint activities courses.
(1) A training program provider seeking
accreditation shall submit a written application to the department containing
the following information:
(A) the training
program provider's name, address, and telephone number;
(B) a list of courses for which the training
provider is applying; and
(C) a
statement signed by the training program manager certifying that the training
program meets the minimum requirements established in subsection (d) of this
section. If a training program provider uses EPA-developed model training
materials, a statement certifying the use of these materials shall be
submitted. If a training program provider does not use EPA-developed training
materials, its application for accreditation shall include:
(i) a copy of the student and instructor
manuals to be used for each course; and
(ii) a copy of the course agenda for each
course, which must include the time allotted for teaching each course
topic.
(2)
All training program providers shall include in their application for
accreditation the following:
(A) a
description of the facilities and equipment available for lecture and hands-on
training;
(B) a copy of the course
test blueprint for each course;
(C)
a description of the activities and procedures that will be used for conducting
the assessment of hands-on skills for each course;
(D) a copy of the quality control plan as
described in subsection (d)(9) of this section;
(E) a statement certifying that copies of the
approved documented methodologies listed in compliance with §
295.203(a)
of this title (relating to Approved Documented Methodologies) are on-site and
available for review;
(F)
documentation that the training manager and principal instructor(s) meet the
requirements of subsection (d) of this section; and
(G) a specimen of the training certificate
which will be given to students upon successful course completion and test
passage.
(3) The
department shall approve or disapprove an application for accreditation no more
than 90 days after receiving a complete application from a training program
provider. Upon approval, a certificate of accreditation shall be sent to the
applicant within 30 days. Prior to disapproval, the department may, at its
discretion, work with training program providers to address inadequacies in the
application for accreditation. If necessary to determine compliance with this
subsection the department may also request additional materials retained by the
training program provider under subsections (c) and (d) of this section. If a
training program provider's application is disapproved, the program may reapply
for accreditation at any time by following the procedures in subsections (b)
and (c) of this section.
(4) A
training program provider may apply for accreditation to offer courses or
refresher courses in as many training disciplines as it chooses. A training
program provider may seek accreditation for additional courses at any time as
long as the program can demonstrate that it meets the requirements and submits
the additional fees cited in subsection (b) of this section.
(d) Minimum requirements for the accreditation of training program providers. For a training program provider to obtain and maintain accreditation from the department to offer courses in lead-based paint activities, the program shall meet the following minimum requirements for each discipline for which the program is seeking accreditation.
(1) The training program
provider shall employ a training manager who has:
(A) at least two years of experience,
education, or training in teaching workers or adults; or
(B) a bachelor's or graduate degree in
building construction technology, engineering, industrial hygiene, safety,
public health, education, or business administration or program management;
or
(C) two years of experience in
managing an occupational health and safety training program specializing in
environmental hazards; and
(D)
demonstrated experience, education, or training in the construction industry
including lead or asbestos abatement, painting, carpentry, renovation,
remodeling, occupational safety and health, or industrial hygiene.
(2) The training program manager
shall designate a qualified principal instructor for each course who has:
(A) demonstrated experience, education, or
training in teaching workers or adults;
(B) successfully completed at least 16 hours
of instruction from a trainer utilizing a lead-specific EPA model course
curriculum; or at least 16 hours of lead-specific training from a
department-accredited training provider; and
(C) at least one year of experience in a lead
discipline.
(3) The
principal instructor shall be responsible for the organization of the course
and oversight of the teaching of all course material. The training program
manager may designate guest instructors as needed to provide instruction
specific to the lecture, hands-on activities, or work practice components of a
course. One individual may be employed as both the training manager and
principal instructor if the individual possesses the qualifications listed in
paragraphs (1) and (2) of this subsection.
(4) The following documents shall be
recognized by the department as proof that training managers and principal
instructors meet the relevant education, work experience, and/or training
requirements specifically listed in paragraphs (1) and (2) of this subsection.
This documentation must be submitted with the accreditation application and
shall be retained and verified by the training program provider as required by
the recordkeeping requirements contained at subsection (j) of this section.
Those documents include the following:
(A)
official academic transcripts or diploma, as proof of meeting the education
requirements;
(B) resumes, letters
of reference, or documentation of work experience, as records of meeting the
work experience requirements; and
(C) certificates from train-the-trainer
courses and lead-specific training courses, as proof of meeting the training
requirements.
(5) The
training program provider shall ensure the availability of and provide adequate
facilities for the delivery of the lecture, course test, hands-on training, and
assessment activities. This includes providing training equipment that reflects
current work practices and maintaining or updating the equipment and facilities
as needed.
(6) To become accredited
in the following disciplines, the training program provider shall provide
training courses that meet the following training hour requirements:
(A) The lead inspector course shall last a
minimum of 24 training hours, with a minimum of eight hours devoted to hands-on
training. The curriculum for the inspector course is contained in subsection
(e)(1) of this section.
(B) The
lead risk assessor course shall last a minimum of 16 training hours. The
curriculum for the risk assessor course is contained in subsection (e)(2) of
this section, and must include at least four hours of hands-on training
activities.
(C) The lead abatement
supervisor course shall last a minimum of 32 training hours, with a minimum of
eight hours devoted to hands-on training activities. The curriculum for the
supervisor course is contained in subsection (e)(3) of this section.
(D) The lead abatement project designer
course shall last a minimum of eight training hours. The curriculum for the
project designer course is contained in subsection (e)(4) of this
section.
(E) The lead abatement
worker course shall last a minimum of 16 training hours, with a minimum of
eight hours devoted to hands-on training activities. The curriculum for the
worker course is contained in subsection (e)(5) of this section.
(7) For each course offered, the
training program provider shall conduct a course test, and if applicable, a
hands-on skills assessment at the completion of the course. Each individual
must successfully complete the hands-on skills assessment and receive a passing
score of 70% or above correct on the course test to pass any course.
(A) 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 contained in
subsection (e) of this section.
(B)
The training manager is responsible for maintaining the validity and integrity
of the course test to ensure that it accurately evaluates the trainees'
knowledge and retention of the course topics.
(C) The course test shall be developed in
accordance with the test blueprint submitted with the training accreditation
application.
(8)
Training program providers shall issue unique course completion certificates
approved by the department to each individual who passes the training course.
The course completion certificate shall include:
(A) the name and a unique identification
number or social security number of the individual;
(B) the name of the particular course that
the individual completed;
(C) the
date of course completion or test passage date (no other dates shall be
listed);
(D) the name, address, and
telephone number of the training program provider;
(E) a signed statement by the training
program manager or principal instructor that the course meets the requirements
of § 295.204 of this title (relating to Accreditation of Training Program
Providers); and
(F) the training
program provider accreditation number.
(9) The training manager shall develop and
implement a quality control plan. The plan shall be used to maintain and
improve the quality of the training program over time. This plan shall contain
at least the following elements:
(A)
procedures for periodic revision of training materials and the course test to
reflect innovations in the field; and
(B) procedures for the training manager's
annual review of instructor competency.
(10) Training program providers must offer
courses which teach the standards for conducting lead-based paint activities
contained in §
295.212
of this title (relating to Standards for Conducting Lead-Based Paint
Activities), and other such standards developed by EPA and HUD. These standards
shall be taught in the appropriate courses to provide trainees with the
knowledge needed to perform the lead-based paint activities they are
responsible for conducting.
(11)
The training manager shall be responsible for ensuring that the training
program complies at all times with all of the requirements in subsection (e) of
this section.
(12) The training
program manager shall allow the department to audit the training program at any
reasonable time to verify the contents of the application for accreditation as
described in subsection (c) of this section and to verify that the requirements
of subsection (e) of this section are being met.
(13) The training program manager shall
furnish the department with a copy of all scheduled courses and shall notify
the department at least 24 hours in advance of any course cancellations or
changes. Course schedules shall be postmarked or faxed to the department at
least seven working days prior to conducting any course on the schedule. In the
event that a training course must be scheduled immediately due to an emergency,
notification to the department must be made as soon as possible, but no less
than 48 hours prior to commencement of the course. Written justification for
not notifying the department seven working days in advance must be provided
with the emergency training request.
(14) The training program manager shall
submit to the department a list of those individuals successfully completing a
course including the name, social security number (optional) or other
identifying information, and the date of course completion postmarked or faxed
to the department within ten working days of the completion of the
course.
(e) Minimum training curriculum requirements. To become accredited to offer lead-based paint activities instruction in the specific disciplines listed in paragraphs (1) - (5) of this subsection, training program providers must ensure that their courses of study include the following course topics. Requirements beginning with an asterisk (*) indicate areas that require hands-on activities as an integral component of the course.
(1) Lead
inspector instruction:
(A) role and
responsibilities of the inspector;
(B) background information on lead and its
adverse health effects;
(C)
background information regarding federal, state, and local regulations and
guidance that pertain to lead-based paint and lead-based paint activities
including the Texas Environmental Lead Reduction Rules;
(D) * lead-based paint inspection methods,
including selection of rooms and components for sampling or testing;
(E) * paint, dust, and soil sampling
methodologies;
(F) * clearance
standards and testing, including random sampling;
(G) * preparation of the written final
inspection report; and
(H)
recordkeeping.
(2) Lead
risk assessor instruction:
(A) role and
responsibilities of the risk assessor;
(B) collection of background information to
perform a risk assessment;
(C)
sources of environmental lead contamination such as paint, surface dust and
soil, water, air, packaging, and food;
(D) * visual inspection for the purposes of
identifying potential sources of lead-based paint hazards;
(E) lead hazard screen protocol;
(F) * sampling for other sources of lead
exposure;
(G) * interpretation of
lead-based paint and other lead sampling results, including all applicable
state and federal guidance or regulations pertaining to lead-based paint
hazards;
(H) development of hazard
control options, the role of interim controls, and operations and maintenance
activities to reduce lead-based paint hazards; and
(I) preparation of a final risk assessment
report.
(3) Lead
abatement supervisor instruction:
(A) role
and responsibilities of the supervisor;
(B) background information on lead and its
adverse health effects;
(C)
background information regarding federal, state, and local regulations and
guidance that pertain to lead-based paint abatement including the Texas
Environmental Lead Reduction Rules;
(D) liability and insurance issues relating
to lead-based paint abatement;
(E)
contract specifications and cost estimation;
(F) community relations;
(G) project management and supervisory
techniques;
(H) * risk assessment
and inspection report interpretation;
(I) development and implementation of an
occupant protection plan and abatement report;
(J) * lead-based paint hazard recognition and
control;
(K) * lead-based paint
abatement and lead-based paint hazard reduction methods, including restricted
practices;
(L) * interior dust
abatement/cleanup or lead-based paint hazard control and reduction
methods;
(M) * soil and exterior
dust abatement or lead-based paint hazard control and reduction
methods;
(N) clearance standards
and testing;
(O) cleanup and waste
disposal; and
(P)
recordkeeping.
(4) Lead
abatement project designer instruction:
(A)
role and responsibilities of the project designer;
(B) contract specifications and cost
estimation for abatement projects;
(C) development and implementation of an
occupant protection plan for abatement projects;
(D) lead-based paint abatement and lead
hazard reduction methods, including restricted practices for abatement
projects;
(E) interior dust
abatement/cleanup or lead hazard control and reduction methods for abatement
projects;
(F) clearance standards
and testing for abatement projects; and
(G) integration of lead-based paint abatement
methods with modernization and rehabilitation projects for abatement
projects.
(5) Lead
abatement worker instruction:
(A) role and
responsibilities of the lead abatement worker;
(B) background information regarding lead and
its adverse health effects;
(C)
background information regarding federal, state, and local regulations and
guidance that pertain to lead-based paint abatement including the Texas
Environmental Lead Reduction Rules;
(D) * lead-based paint hazard recognition and
control;
(E) * lead-based paint
abatement and lead-based paint hazard reduction methods, including restricted
practices;
(F) * interior dust
abatement methods/cleanup or lead-based paint hazard reduction; and
(G) * soil and exterior dust abatement
methods or lead-based paint hazard reduction.
(f) Minimum requirements for the accreditation of refresher training program providers. A training program provider may apply for accreditation to teach as many different refresher training courses as it chooses. To teach an accredited refresher course, a training program provider must be accredited, or concurrently applying for accreditation, to provide instruction in the corresponding full course (e.g., lead-based paint inspector, abatement supervisor). To obtain department accreditation to offer refresher training, a training program provider must meet the following minimum requirements.
(1)
Each refresher course shall review the curriculum topics of the full-length
courses listed under subsection (e) of this section, as appropriate. In
addition, to become accredited to offer refresher training courses, training
programs shall ensure that their courses of study include, at a minimum, the
following:
(A) an overview of current safety
practices relating to lead-based paint activities in general as well as
discipline-specific information;
(B) current laws and regulations relating to
lead-based paint activities in general as well as discipline-specific
information; and
(C) current
technologies relating to lead-based paint activities in general as well as
discipline-specific information.
(2) Each refresher course, except for the
project designer course, shall last a minimum of eight training hours and shall
include a hands-on skills assessment if required in the original course. The
project designer refresher course shall last a minimum of four training hours
and does not require a hands-on skills assessment.
(3) Each student shall be required to pass a
course test that covers all of the topics contained in the course. Passing
students shall be provided with a refresher course completion
certificate.
(4) A training program
provider seeking refresher course accreditation shall submit to the department
a written application containing the following:
(A) the training program provider's name,
address, and telephone number;
(B)
a list of the refresher courses for which it is applying for
accreditation;
(C) a copy of the
table of contents and course-identifying cover sheet of the student and
instructor manuals for each course;
(D) a statement signed by the training
program manager certifying that the program complies at all times with all
requirements of subsection (f) of this section; and
(E) the course test blueprint for each
refresher course.
(5) If
a training program provider applies for accreditation of a refresher course
concurrently with its application for accreditation of the corresponding
training course, the department shall use the approval procedure described in
subsection (c) of this section.
(6)
If an application for refresher training accreditation is received apart from
an application for accreditation as described in subsection (c) of this
section, the department shall approve or disapprove a request for refresher
training accreditation within 90 days of receiving a complete application. Upon
approval, a certificate of refresher training accreditation shall be sent to
the applicant within 30 days. In the case of disapproval, a letter describing
the reasons for disapproval shall be sent to the applicant. The department may,
at its discretion, work with training program providers to address inadequacies
in the application for refresher accreditation. If a training program
provider's application is disapproved, the training program provider may
reapply at any time after the reason for disapproval has been
corrected.
(g) Re-accreditation of training programs.
(1) A
training program provider's accreditation that was issued prior to January 1,
2005, shall expire three years after the date of issuance. A training program
provider's accreditation that was issued on or after January 1, 2005, shall
expire two years after the date of issuance. If a training program meets the
requirements of this section, the training program provider shall be
re-accredited.
(2) A training
program provider seeking re-accreditation shall submit an application to the
department no later than 30 days before its accreditation expires. At least 60
days before the date an accreditation expires, the department, as a service to
the accredited trainer, shall send a reminder notice to the accredited trainer,
by first class mail to the last known address of the accredited trainer.
Failure of the department to send the reminder notice creates no liability to
the department and does not relieve the accredited trainer from paying the
accreditation renewal fee in a timely manner. Training accreditations which
have expired may be renewed under the following conditions:
(A) a training program whose accreditation
has been expired for 90 days or less may renew the accreditation by paying to
the department a renewal fee that is equal to 1-1/2 times the normally required
fee;
(B) a training program whose
accreditation has been expired for more than 90 days but less than one year may
renew the accreditation by paying to the department a renewal fee that is equal
to two times the normally required renewal fee; and
(C) a training program whose accreditation
has been expired for one year or more may not renew the accreditation by paying
a renewal fee only. To become re-accredited the training program must comply
with the current requirements placed on a new applicant.
(3) The training program provider's
application for re-accreditation shall contain:
(A) the training program provider's name,
address, and telephone number;
(B)
a list of courses for which it is applying for re-accreditation;
(C) a description of any changes or updates
to the training facility or equipment since its last application was approved;
and
(D) a certified statement
signed by the program manager stating:
(i) the
training program provider will at all times comply with all requirements in
subsections (d) and (f) of this section; and
(ii) the recordkeeping and reporting
requirements of subsection (j) of this section will be followed.
(4) The department may
audit the training program provider at any reasonable time to verify the
contents of the application for re-accreditation as described in paragraph (3)
of this subsection.
(h) Suspension, deaccreditation, and modification of accredited training programs.
(1) The department may, after notice and an
opportunity for hearing, suspend, deaccredit, or modify a training program
provider's accreditation if a training program, training manager, or other
person with supervisory authority over the training program has:
(A) misrepresented the contents of a training
course to the department and/or the student population;
(B) failed to submit required information or
notifications in a timely manner;
(C) failed to maintain required
records;
(D) falsified
accreditation records, instructor qualifications, or other accreditation
information;
(E) failed to comply
with the training standards and requirements in this section;
(F) failed to comply with federal, state, or
local lead-based paint statutes or regulations;
(G) made false or misleading statements to
the department in its application for accreditation or re-accreditation which
the department relied upon in approving the application; or
(H) failed to pay the annual fee.
(2) In addition to an
administrative or judicial finding of violation, execution of a consent
agreement in settlement of an enforcement action constitutes, for purposes of
this subsection, evidence of a failure to comply with relevant statutes or
regulations.
(i) Procedures for suspension, deaccreditation or modification of training program accreditation.
(1) When the department
decides to suspend, deaccredit, or modify the accreditation of a training
program, it shall notify the affected entity in writing of the following:
(A) the assertion of laws and facts upon
which the suspension, deaccreditation, or modification is based;
(B) the commencement date and duration of the
suspension, deaccreditation, or modification;
(C) actions, if any, which the affected
entity may take to avoid suspension, deaccreditation, or modification, or to
receive accreditation in the future;
(D) the opportunity and method for requesting
a hearing prior to final departmental action to deaccredit, suspend, or modify
accreditation; and
(E) any
additional information, as appropriate, which the department may
provide.
(2) If a
hearing is requested by the accredited training program pursuant to subsection
(h)(1) of this section, the person charged shall be given the opportunity for a
hearing conducted in accordance with the department's Fair Hearing Procedures
found at 25 TAC, §§
1.51-
1.55.
(j) Training program recordkeeping requirements.
(1) Accredited training program
providers shall maintain and make available to the department, upon request,
the following records:
(A) all documents
specified in subsection (d)(4) of this section that demonstrate the
qualifications listed in subsection (d)(1) - (3) of this section of the
training manager and principal instructors;
(B) current curriculum/course materials and
documents reflecting any changes made to these materials;
(C) the course test blueprint;
(D) information on how the hands-on
assessment is conducted including, but not limited to, who conducts the
assessment, how the skills are graded, what facilities are used, types of
equipment used, and the pass/fail rate;
(E) the quality control plan as described in
subsection (d)(9) of this section;
(F) results of each student's hands-on skills
assessments and course tests, and a record of each student's course completion
certificate and test passage date; and
(G) any other material not listed in
subparagraphs (A) - (F) of this paragraph that was submitted to the department
as part of the program's application for accreditation.
(2) The training program shall retain the
records required by paragraph (1) of this subsection at the location (i.e.,
address) specified on the training program accreditation application (or as
modified in accordance with paragraph (3) of this subsection) for a minimum of
three years and six months.
(3) The
training program shall notify the department in writing within 30 days of
relocating its business or transferring the records.
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