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Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 2.7. Approval of Courses and Course Providers

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§341.16. Approval of Asbestos Training and Course Providers for Training Requirements Relating to Asbestos-Related Work and AHERA.

(a) Scope and Application.

(1) Any course provider (individual or business entity) providing asbestos training for the purpose of satisfying Division approved training requirements of 1529(k)(9)(B) for employees engaged in asbestos-related work or providing asbestos training for the purpose of satisfying the accreditation requirements of AHERA must submit the training program to the Division for approval in accordance with the provisions of this article.

(2) The Division will approve initial and annual refresher training courses for Construction Craft Worker, and for each of the following AHERA crafts or disciplines: Inspector, Management Planner, Abatement Project Designer, Abatement Contractor/Supervisor, and Asbestos Abatement Worker. Construction Craft Worker means any employee engaged in asbestos-related work (other than asbestos-related work included under the above named AHERA disciplines) requiring employer registration under Section 341.6 and Section 1529.

(3) AHERA as used in this Article means the Asbestos Hazard Emergency Response Act which is codified in 15 U.S.C. Section 2641, et seq.

(b) Requirements for Asbestos Course Approval.

(1) General Requirements.

(A) The course provider shall inform the Division in writing of the starting date, time and location for each training course scheduled at least 15 days prior to each starting date. In cases where the 15-day notice cannot be provided, FAX or telephone with written follow-up notification may be made as soon as possible before commencement of the training, but in no case later than 24 hours prior to commencement.

(B) The Asbestos Abatement Worker courses, including the course materials and examinations, shall be given in a language that is understood by both the course instructor and trainees.

(C) The instructor directing each course shall have at least one year of experience in teaching courses of a similar nature or other professional teaching qualifications in areas related to occupational safety and health issues. The instructor for the hands-on portion of the course shall have at least one year of relevant work experience in asbestos-related work.

(D) The course provider shall update the information submitted to the Division whenever a substantive change is made to information previously submitted for Division approval. Examples of substantive changes include a change in course instructor, instructional materials, personnel, or course offerings. Such notification shall be made in writing to the Division at the address given in (d)(1) of this Section no later than 24 hours after the change is instituted.

(E) To obtain and maintain the required training certificate in an AHERA discipline, an individual must successfully complete an initial class in that discipline. Refresher classes in that discipline must be taken annually thereafter. Only holders of a certificate which is less than one year past the expiration date shown on the certificate shall be permitted to take the refresher training course.

(F) Training attendance is required for at least the duration specified for each course as set forth below. Breaks, including a lunch break, may be included in each eight hours of training.

(G) Except for AHERA courses, a course provider may combine trainees of various crafts for training on common curricula when appropriate, and then separate the trainees for the specific training for each craft.

(H) Training providers shall comply with the minimum recordkeeping requirements in Subpart F of Appendix A of Section 341.16.

(2) Specific Course Requirements

(A) Initial Course for Construction Craft Worker: the initial Construction Craft Worker course shall include the following:

1. The course curriculum and the course length in hours shall meet the requirements in Section 1529 for Class I, II, or III work or other federal requirements.

2. Hands-on training that is specific to the asbestos-related work for the construction craft of each employee attending the course.

(B) Refresher Course for Construction Craft Worker: the annual refresher shall include at least two hours of review of the important elements covered in the corresponding initial course, any changes in federal and state asbestos regulations, and the latest developments in the state of the art practices for asbestos-related work involving the specific construction craft.

(C) Initial AHERA Course: The initial course for each AHERA craft or discipline shall include and conform with the AHERA training course curriculum and required hours of instruction specified in the USEPA Model Accreditation Plan found in 40 CFR Part 763, Subpart E, Appendix C. The Model Accreditation Plan is included as Appendix A of this section.

1. When hands-on training is specified, the hands-on training must allow contractors, supervisors and workers to have actual experience performing tasks associated with asbestos abatement. Simulated asbestos materials shall be used instead of actual asbestos during the hands-on training.

2. The training course shall include a review of applicable federal and state regulations, including but not limited to, Sections 341.6, et seq. and Sections 1529 and 5208 of Title 8 of the California Code of Regulations.

(D) Annual AHERA Refresher Course: The refresher AHERA course shall include and conform with the AHERA training course curriculum described in the USEPA Model Accreditation Plan found in 40 CFR Part 763, Subpart E, Appendix C and shall be specific to each AHERA discipline.

1. The refresher training course shall include a review of the important elements covered in the initial course, any changes in federal, state, and local regulations, and the latest developments in state of the art practices.

2. A minimum of eight (8) hours training shall be given for the refresher training course for Asbestos Abatement Worker, Abatement Contractor/Supervisor and Abatement Project Designer. A minimum of four (4) hours training shall be given for the refresher training course for Inspector. Only the rightful holder of valid current AHERA Inspector and Management Planner certificates shall be allowed to take the Management Planner refresher accreditation training.

(E) Course Examinations.

1. As indicated in the table of examination requirements below an initial training course shall include an examination administered as a final part of the training course. The examination shall adequately cover the topics of the training course. Demonstration testing may be included as a part of the examination. The minimum number of multiple choice questions, each question having at least 4 choices for an answer, and the minimum passing score required for each type of training course are shown in Table 1.

Table 1
Course Examination Specifications
Craft/Discipline
Number of Questions
Passing Score
Construction Craft Worker:
(closed book exam)
20
70%
Inspector
(closed book exam):
50
70%
Management Planner
(closed book exam)
50
70%
Asbestos Project Designer:
(closed book exam)
100
70%
Asbestos Contractor/Supervisor:
(closed book exam)
100
70%
Asbestos Abatement Worker:
(closed book exam)
50
70%

2. Any trainee failing the examination may retake an equivalent but different examination one time; the course provider shall allow the trainee to retake the examination as soon as practicable after notifying the trainee of the exam results but no later than thirty (30) days after such date. If the trainee fails the second examination, the trainee must retake the course in order to take the examination again.

(F) Course Certificates.

1. The training provider shall issue certificates to trainees who complete a training course and pass the examination.

2. The certificate shall be issued within 15 business days after the course completion date. Compliance with this requirement may be delayed until the course provider receives payment for the course. The certificate shall be valid for one year after the successful completion of the examination. Certificates may be renewed annually by successfully completing annual refresher courses as long as the refresher training is taken within a year of the previous expiration date.

3. Each certificate shall contain the following information:

A. The name, address and telephone number of the training provider that issued the certificate. The name of the training course with an indication that it is approved by the Division.

B. The Course Approval Number issued by the Division and a unique certificate number issued by the training course provider. If the certificate is for a Construction Craft Worker, also include on the certificate a designation of the type of craft and the class of asbestos work as described in Section 1529; e.g., Roofer - Class II, General Building Maintenance Worker - Class III, etc.

C. The name of the trainee.

D. The dates when the training course started and ended, and the date of the examination if applicable.

E. The certificate expiration date.

F. The name and signature of an authorized officer of the training course provider with a written statement that the person receiving the certificate has completed the required training and passed the examination (if one is required). In the case of training for AHERA disciplines (but not for Construction Craft Workers), the written statement shall also indicate that the training completed is that required for asbestos accreditation under Toxic Substances Control Act, Title II.

(c) Division Roster of Certificate Holders.

(1) The course provider shall provide the following information to the Division on forms provided by the Division with the appropriate fee specified in subsection (e) for each certificated trainee within 15 business days after each course examination.

(A) The name of the training course and its State of California course approval number.

(B) Full name of certificated trainee.

(C) The unique certificate number issued by the training course provider. If the certificate is for a Construction Craft Worker, also include a designation of the type of craft and the class of asbestos work.

(D) Home address of trainee.

(E) The expiration date of the certificate.

(F) The name of the approved instructor.

(2) The Division will utilize this information to develop a roster of individuals who have received a certificate of training from an approved course provider. Only those individuals who appear on the roster will be considered in compliance with the training requirements of AHERA or subsections 1529(k)(9) for employees engaged in asbestos-related work requiring employer registration.

(d) Application for Course Approval.

(1) Any individual or organization that desires to become a course provider and satisfies the requirements of this article may apply to the Division for approval of an asbestos training course. The course provider shall complete a separate application for each training course for which approval is being sought using the following forms which are hereby incorporated by reference: Worker initial course, Form W-I 8/28/98; Contractor/Supervisor initial course, Form CS-I 8/28/98; Building Inspector initial course, Form BI-I 8/28/98; Project Designer initial course, Form PD-I 8/28/98; Management Planner initial course, Form MP-I 8/28/98; Construction Craft Worker initial course, Form CCW-I 8/28/98; Worker refresher course, Form W-R 8/28/98; Contractor/Supervisor refresher course, Form CS-R 8/28/98; Building Inspector refresher course, Form BI-R 8/28/98; Project Designer refresher course, Form PD-R 8/28/98; Management Planner refresher course, Form MP-R 8/28/98; Construction Craft Worker refresher course, Form CCW-R 8/28/98. Requests for application information and completed applications shall be sent to:

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
P.O. BOX 420603
SAN FRANCISCO, CA 94142

(2) The application shall include:

(A) The name of the training course.

(B) The name of the course provider, the name and title of the person whom the Division will contact regarding course approval matters, address, phone number, and the name and title of the person completing the application with his or her signature and a statement certifying that the information in the application is correct.

(C) The appropriate fee specified in subsection (e).

(D) Evidence of any previous approval from USEPA or another state for the training course.

(E) Materials describing the contents and parameters of the training course.

(F) Copies of all training documents and visual training aids (projection transparencies, etc.) used in the training course.

(G) A sample copy of the examination to be administered for the training course, including the test key.

(H) A description of and a sample copy of the certificate to be issued for the training course.

(I) The name(s) and qualifications of the instructor(s) of the training course.

(J) A list of the equipment which is used in the training course with a description of each type of equipment and the quantity of each type available on site for training.

(3) Course approvals may not be transferred.

(4) Worker and Craft Worker courses may be approved in languages other than English.

(e) Fees for Course Approval.

(1) The application fee is $200 for the initial Construction Craft Worker course approval and $100 for the refresher course approval.

(2) The application fee is $600 for any initial AHERA course approval and $400 for any refresher AHERA course approval.

(3) Submitted application fees are not refundable. An appropriate application fee is required for each application.

(4) Fees are required to defray the cost of administering the approval process for assuring that approved providers continue to provide effective training as required. The continuing approval process includes course audits and the auditing activity for an approved provider will be related to the number of trainees trained by the provider and other information available to the Division. A roster fee shall be paid by the approved provider to fund this continuing approval process and to fund the maintenance of the roster specified in subsection (c). The course provider shall remit a roster fee of $5 for each certificated trainee of a Construction Craft Worker Course, and $10 for each certificated trainee of each AHERA training course as specified in Section 341.16(c)(1). The annual cumulative roster fees must total a minimum of $150 for each approved course. If the annual cumulative roster fees is less than $150 for an approved course and the course provider wants to maintain the approval for the course, the course provider must remit a supplemental amount needed to make the $150 minimum annual total by the end of the annual interval. The annual interval commences from the anniversary date of the issuance of approval for the approved course.

(5) Fees required by this subsection shall be payable to the Asbestos Training Approval Account.

(f) Processing of Application.

(1) Within 15 business days of receipt of an application for approval, the Division shall inform the applicant in writing whether the submitted application information required by (d)(2) is complete or additional information needs to be submitted.

(2) Within 45 business days from the date the Division has determined an application is complete, the Division shall inform the applicant that the training course is approved and issue a State of California Course Approval Number to the applicant or inform the applicant that the application for approval is denied, specifying the reason for denial. After an application is denied, a new application with another fee must be submitted if the applicant wishes to continue to seek course approval.

(g) Audit of Training Course.

(1) Each course provider, as a condition of approval, shall permit the Division to attend and audit any training course in part or in its entirety without prior notification to the course provider.

(2) The Division may administer a questionnaire to the trainees at the conclusion of an approved training course to evaluate training effectiveness.

(h) Denial, Suspension and Revocation of Course Approval and of Training Certificates.

(1) The Division may at any time, upon a showing of good cause and after notice deny any application for course approval or certificate; or, suspend or revoke any course approval or training certificate issued pursuant to this section.

(2) Good cause shall be deemed to exist if the Division establishes that a course provider:

(A) Misrepresented the extent of a training course's approval by a State or EPA;

(B) Failed to submit required information, notifications or fees in a timely manner;

(C) Failed to establish and maintain records of the training course materials, instructor qualifications, examinations, accreditation certificates, procedures to verify student fulfillment of prerequisites, and other records required by this section and Appendix A;

(D) Failed to confirm that their students possess valid accreditation before granting course admission for refresher training courses, or for courses with prerequisites;

(E) Falsified instructor qualifications, accreditation records, or other information;

(F) Issued a certificate, but did not provide the corresponding required training; or

(G) Failed to adhere to all requirements of the Model Accreditation Plan in Appendix A.

(3) Good cause shall be deemed to exist if the Division establishes that an individual:

(A) Performed asbestos work requiring accreditation without being in physical possession of initial and current accreditation certificates;

(B) Permitted the duplication or use of one's own accreditation certificate by another;

(C) Performed work for which accreditation has not been received;

(D) Obtained accreditation from a training provider that does not have approval to offer training for the particular discipline from either EPA or from a State that has a contractor accreditation plan at least as stringent as the EPA MAP;

(E) Obtained accreditation through fraudulent representation of training or examination documents;

(F) Obtained training documentation through fraudulent means;

(G) Gained admission to and completed refresher training through fraudulent representation of initial or previous refresher training documentation; or

(H) Obtained accreditation through fraudulent representation of accreditation requirements such as education, training, professional registration, or experience.

(4) All procedures for denial, suspension, or revocation shall follow the General Rules of Practice and Procedures in Section 340.40 through 340.52.

(5) The affected party may appeal the action of the Division following the General Rules of Practice and Procedures in Sections 340.40 through 340.52.

Note: Authority cited: Sections 60.5, 6308 and 9021.9, Labor Code; and 40 CFR Part 763. Reference: Sections 6501.5 and 6501.8(c), Labor Code; Sections 7184 and 7185, Business and Professions Code; and Section 15 of the Asbestos School Hazard Abatement Reauthorization Act.

HISTORY

1. New article 2.7 (section 341.16), section and Appendix A filed 12-3-98; operative 1-2-99 (Register 98, No. 48).

2. Amendment of section and Note filed 5-20-2011; operative 6-19-2011 (Register 2011, No. 20).

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