Certification through Experience in Toxics Use Reduction Activities

(1) The Department may certify an applicant as a limited practice toxics use reduction planner if he or she has at least two years of full-time work experience in toxics use reduction activities. Part-time work experience in toxics use reduction activities may be pro-rated in accordance with 310 CMR 50.52(2) and (4). (2) As used in 310 CMR 50.00, "toxics use reduction activities" include, but are not limited to, activities in which the individual uses the skills or knowledge necessary to conduct the analyses set forth in 310 CMR 50.51(2) or activities in which the individual uses the skills or knowledge necessary to evaluate whether the analyses set forth in 310 CMR 50.51(2) were conducted in accordance with 310 CMR 50.40. Successful completion of the toxics use reduction planner certification course shall also constitute a toxics use reduction activity, and shall count for six months of the two years of work experience required pursuant to 310 CMR 50.55(1). (3) In order to become certified under 310 CMR 50.55, an applicant shall demonstrate to the Department that he or she understands how the skills or knowledge referred to in 310 CMR 50.51(2) relate to toxics use reduction plans. (4) In determining whether an applicant satisfies 310 CMR 50.55(1) and (3), the Department may consider, without limitation, whether, through work experience, the applicant used or gained skills or knowledge that enable the applicant to conduct or evaluate the analyses set forth in 310 CMR 50.51(2). (5) A planner certified pursuant to 310 CMR 50.55 may certify plans for any facility owned or operated by his or her employer, provided that he or she demonstrates to the Department that at least one year of his or her experience in toxics use reduction activities is related to the operations of the facility. In determining whether the planner's experience in toxics use reduction activities is related to the operations of the facility at which the planner seeks to certify a plan, the Department may consider, without limitation, the similarity of the production units, products, or processes at facilities where the planner received his or her experience in toxics use reduction activities to those at the facility at which the planner seeks to certify a plan. (6) As it is used in 310 CMR 50.50, "employer" means an individual or organization for whom the planner works and receives wages on a regular basis. For purposes of 310 CMR 50.50, a planner may not have more than one employer within the same time period. If a planner is an independent contractor and performs work for an individual or organization under a contract, for purposes of 310 CMR 50.50, the individual or organization is not the planner's employer.