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 295.208 - Lead Abatement Supervisor: Certification Requirements
Universal Citation: 25 TX Admin Code ยง 295.208
Current through Reg. 49, No. 38; September 20, 2024
(a) Certification requirements. A person must be certified by the department as a lead abatement supervisor to engage in such activity in target housing and child-occupied facilities. Certifications issued by the department prior to January 1, 2005, are valid for a period of three years from the date of issue, provided that the appropriate fee is paid on time each year. Certifications issued by the department on or after January 1, 2005, are valid for a period of two years from the date of issue.
(b) Specific requirements of applicants for certification as lead abatement supervisors:
(1) successfully complete a lead abatement
supervisor training course and receive a course completion certificate from a
department-accredited training program provider;
(2) pass the state certification examination
for lead abatement supervisors;
(3)
meet or exceed the following additional experience requirements:
(A) one year of experience as a certified
lead abatement worker; or
(B) at
least two years experience in a related field (e.g. lead, asbestos, or
environmental remediation work), or in the building construction trades;
and
(4) submit a
complete application for lead abatement supervisor certification to the
department on a department-issued form and pay the appropriate certification
fee within six months of passing the state certification examination.
(c) State certification examination.
(1) In order to take the
certification examination for lead abatement supervisors, an individual must
first successfully complete a lead abatement supervisor course and receive a
course completion certificate from a department-accredited training provider
and meet or exceed the experience requirement of subsection (b)(3) of this
section.
(2) The individual shall
then register for the examination on a department-issued form prior to taking
the examination, provide a copy of the lead abatement supervisor course
completion certificate with the registration form, and receive confirmation
from the department that the individual is registered for that particular
examination and examination date prior to taking the examination.
(3) A score of at least 70% correct must be
achieved to pass the examination.
(4) An individual must achieve a passing
score on the certification examination in no more than three attempts within
six months of completing the appropriate course.
(5) If an individual does not pass the
certification examination within six months of receiving a course completion
certificate, the individual must retake the original lead abatement supervisor
course from a department-accredited training provider and receive a course
completion certificate prior to taking the certification examination.
(6) An examination fee of $50 for each
examination attempt shall be submitted to the department with the
department-issued examination registration form. The required fee must be in
the form of a check or money order made payable to the Texas Department of
Health. The required fee must be received by the department prior to taking the
examination. If the required fee is not received by the department prior to
taking the examination, the examination results will not be released and become
official until payment is received.
(7) Not later than the 30th day after the
date a person takes a certification examination, the department shall notify
the person of the results of the examination.
(8) A person who fails the examination shall
be allowed an opportunity immediately following their notification of the
results to analyze their performance on the examination. Further analysis of
the examination results may be provided by the department upon written request
by the examinee.
(9) A complete
lead abatement supervisor certification application must be received by the
department within six months of passing the lead inspector state examination in
order for the examination results to be eligible for consideration toward
granting certification.
(A) A person who
fails to submit a complete certification application within six months of
passing the lead abatement supervisor state examination, will be required to
additionally complete a lead abatement supervisor refresher training course
from a department-accredited training program provider and receive a course
completion certificate. The individual must then submit a complete
certification application, including a course completion certificate of the
additionally required lead abatement supervisor refresher training course,
within six months of completing this refresher course.
(B) If the applicant has not submitted a
complete lead abatement supervisor certification application within three years
of passing the state lead abatement supervisor examination, including
documentation of any additionally required refresher training course, the
person will again be subject to the certification requirements of subsection
(b) of this section in order to be granted certification.
(d) Responsibilities. The certified lead abatement supervisor shall be responsible for the following:
(1) identify the most appropriate course(s)
of action to eliminate identified lead hazards;
(2) ensure that all abatement activities in
target housing and child-occupied facilities are completed according to the
standards outlined in §
295.212
of this title (relating to Standards for Conducting Lead-Based Paint
Activities);
(3) supply personal
protection equipment to employees, train employees who perform lead-related
activities in the use of equipment, and supervise their compliance;
(4) ensure that abatement activities are
conducted in accordance with regulatory requirements;
(5) prepare a written abatement report as
described in §
295.212(d)(11)
of this title;
(6) develop an
occupant protection plan as described in §
295.212(d)(5)
of this title;
(7) be available at
all times as described in §
295.212(d)(2)
of this title when abatement activities are being conducted;
(8) ensure completion of all abatement
activities according to these sections;
(9) assume the duties of lead abatement
workers or perform activities affecting lead materials;
(10) cooperate with department personnel in
the discharge of their official duties to conduct inspections and
investigations, as described in §
295.218
of this title (relating to Compliance: Inspections and
Investigations);
(11) maintain
standards of operation, including Environmental Protection Agency (EPA) and
Occupational Safety and Health Administration of the United States Department
of Labor (OSHA) regulations; and
(12) ensure that each lead abatement worker
under their supervision has a department-issued certification identification
(ID) card and one form of government-issued photo ID at the worksite.
(e) Application for certification renewal. To become re-certified, the certified lead abatement supervisor must successfully complete a lead abatement supervisor refresher training course from a department-accredited training provider no sooner than 180 days prior to the supervisor's certification expiration date and follow the procedures contained in § 295.205 of this title.
(1) If a certification holder
makes a timely and sufficient application for the renewal of the certification
by their current certification's expiration date, the current certification in
his/her possession does not expire until the application has been finally
approved or denied by the department. The person whose certification has been
expired for less than one year may renew their certification by complying with
the requirements of §
295.205(h)
of this title. Certifications that have been expired for a period of one year
or more beyond the three-year expiration date cannot be renewed. The person
whose certification has been expired for a period of one year or more may
become re-certified by complying with the current requirements and procedures,
including any examination requirements, for an original certification, subject
to the certification requirements of subsection (b) of this section.
(2) To maintain certification, the certified
lead abatement supervisor must seek re-certification by submitting a complete
certification renewal application to the department no later than 30 days
before the certification expires. If the certified lead abatement supervisor
does not submit an application for re-certification by that date, the
application will not be deemed timely filed and the department cannot guarantee
that the application will be reviewed and acted upon before the end of the lead
abatement supervisor's certification period.
(f) Fees.
(1) Two-year certifications. Effective
January 1, 2005, the fee for a two-year lead abatement supervisor certification
shall be $300. The fee must accompany the initial or renewal certification
application.
(2) Three-year
certifications. Three-year certifications, 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 $150 is paid on time to the department. Upon expiration
of this three-year certification, a fee of $300 for a two-year renewal
certification shall be paid upon submission of a complete application. Persons
who possess a three-year certification that was issued prior to 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 certification for the
remainder of its term, all annual fees must be paid on time as required. Upon
payment of each annual fee, a new photo identification (ID) card will be issued
and shall be valid for the time period for which the annual fee was paid.
Failure to make a timely annual fee payment may result in the suspension of the
certification.
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