Accreditation of Training Providers for Training Courses

PURPOSE: This rule provides the procedures and requirements for the accreditation of training providers for training courses. (1) Reciprocity. The Office of Lead Licensing and Accreditation (OLLA) may issue an accreditation certificate to any person or entity that has made application, paid the necessary fees, and provided proof of accreditation from another state, provided that OLLA has entered into a reciprocity agreement with that state. (2) Good Standing. Every corporation desiring accreditation of the lead inspector, risk assessor, lead abatement worker, lead abatement supervisor and/or project designer training course under sections 701.300 through 701.338, RSMo, must be registered and in good standing with the Missouri secretary of state’s office. (3) Application for Accreditation of a Training Provider for a Training Course. (A) Completed applications shall be mailed to the Missouri Department of Health, Attention: Fee Receipts, P.O. Box 570, Jefferson City, MO 65102-0570. (B) The application shall include the following: 1. Completed training provider course accreditation application form provided by OLLA which shall include: A. The training provider’s name, address, and telephone number; B. The name and date of birth of the training manager; C. The name and date of birth of the principal instructor for each course; D. A list of locations at which training will take place; E. A list of courses for which the training provider is applying for accreditation; and F. A statement signed by the training manager certifying that the information provided in the application for accreditation, and any additional information included with the application, is true and accurate to the best of the training manager’s knowledge and understanding, that the training provider will comply with 19 CSR 30-70.310 through 19 CSR 30-70.400, and that the training provider will only conduct lead training in those occupations in which the training provider has received accreditation; 2. A copy of the student and instructor manuals; 3. Course agenda; 4. Course examination blueprint; 5. A copy of the quality control plan as described in subsection (6)(H) of this regulation; 6. A copy of a sample course certificate as described in subsection (6)(G) of this regulation; 7. A description of the facilities and equipment to be used for lecture and handson training; 8. A description of the activities and procedures that will be used for conducting the hands-on skills assessment for each course; 9. A check or money order for the nonrefundable fee of one thousand dollars ($1,000) per course made payable to the Missouri Department of Health; provided, however, that training providers who are a state, federally recognized Indian tribe, local government or nonprofit organization shall be exempt from payment of such fee; and 10. Supporting documentation of the training manager’s and principal instructor’s qualifications. (4) Application for Accreditation of a Training Provider for a Training Course Under Reciprocity. (A) Completed applications shall be mailed to the Missouri Department of Health, Attention: Fee Receipts, P.O. Box 570, Jefferson City, MO 65102-0570. (B) The application shall include the following: 1. Completed training provider course accreditation application form provided by OLLA which shall include: A. The training provider’s name, address, and telephone number; B. The name and date of birth of the training manager; C. The name and date of birth of the principal instructor for each course; D. A list of locations at which training will take place; E. A list of courses for which the training provider is applying for accreditation; and F. A statement signed by the training manager certifying that the information provided in the application for accreditation, and any additional information included with the application, is true and accurate to the best of the training manager’s knowledge and understanding, that the training provider will comply with 19 CSR 30-70.310 through 19 CSR 30-70.400, and that the training provider will only conduct lead training in those occupations in which the training provider has received accreditation; 2. Course agenda; 3. Course examination blueprint; 4. A copy of the quality control plan as described in subsection (6)(H) of this regulation; 5. A copy of a sample course certificate as described in subsection (6)(G) of this regulation; 6. A description of the facilities and equipment to be used for lecture and handson training; 7. A description of the activities and procedures that will be used for conducting the hands-on skills assessment for each course; 8. A check or money order for the nonrefundable fee of one thousand dollars ($1,000) per course made payable to the Missouri Department of Health; provided, however, that training providers who are a state, federally recognized Indian tribe, local government or nonprofit organization shall be exempt from payment of such fee; and 9. Supporting documentation of the training manager’s and principal instructor’s qualifications. (5) Procedure for Issuance or Denial of a Training Provider for a Training Course. (A) OLLA will inform the applicant in writing that the application is either approved, incomplete, or denied. 1. If an application is incomplete, the notice shall include a list of additional information or documentation required to complete the application. A. Within thirty (30) calendar days after the issuance date of the notice of incomplete application, the applicant shall submit to OLLA in writing, the information requested in the written notice. B. Failure to submit the information requested in the written notice within thirty (30) calendar days shall result in denial of the application for a training course accreditation. C. After the information in the written notice is received, OLLA will inform the applicant in writing that the application is either approved or denied. 2. If an application is approved, OLLA shall issue a two (2)-year accreditation certificate. 3. If an application for training course accreditation is denied, OLLA shall state in the notice of denial to the applicant the specific reasons for the denial. A. OLLA may deny training course accreditation for any one (1) or any combination of the following reasons: (I) Failure of the training manager and/or principal instructor to satisfy the experience requirements; (II) History of citations or violations of existing local, state and federal regulations or standards; (III) Persons listed in the application have been convicted of a felony under any state or federal law or have entered a plea of guilty or nolo contendere in a criminal prosecution under the laws of any state or of the United States; (IV) False or misleading statements in the application; (V) False records, instructor qualifications, or other accreditation-related information or documentation; (VI) Failure of the applicant to submit a complete application; or (VII) Final disciplinary action against a training provider by another state, territory, federal agency or country, whether or not voluntarily agreed to by the training provider, including, but not limited to, the denial of accreditation, surrender of the accreditation, allowing the accreditation to expire or lapse, or discontinuing or restricting the accreditation while subject to investigation or while actually under investigation by another state, territory, or federal agency or country. (B) If an application is denied, the applicant may reapply for accreditation at any time. (C) If an applicant is aggrieved by a determination to deny accreditation, the applicant may request a hearing by the department according to Chapter 536 of the Administrative Procedures Act. (6) Requirements for Accreditation of a Training Provider for a Training Course. For a training provider to maintain accreditation from OLLA to offer a training course, the training provider shall meet the following requirements: (A) Training Manager. The training provider shall employ a training manager who meets the requirements in subsection (7)(A) of this regulation. The training manager shall be responsible for ensuring that the accredited training provider complies at all times with all of the requirements in these regulations. The training manager may designate guest instructors as needed to provide instruction specific to the lecture, hands-on activities, or work practice components of a course; (B) Principal Instructor. The training provider, in coordination with the training manager, shall designate a qualified principal instructor who meets the requirements in subsection (8)(A) of this regulation. The principal instructor shall be responsible for the organization of the course and oversight of the teaching of all course materials; (C) The training provider shall meet the requirements set forth in subsections (6)(D) through (N) of this regulation for each course contained in the application for accreditation of a training provider for a training course; (D) Delivery of Course. The training provider shall ensure the availability of, and provide adequate facilities for, the delivery of the lecture, course exam, hands-on training, and assessment activities. This includes providing training equipment that reflects current work practice standards set forth in 19 CSR 30-70.600 through 19 CSR 30-70.650 and maintaining or updating the course materials, equipment and facilities as needed; (E) Course Exam. For each course offered, the training provider shall conduct a monitored, written course exam at the completion of each course. An oral exam may be administered in lieu of a written course exam for the lead abatement worker course only. If an oral examination is administered, the student is required to provide his or her answers to the exam in writing. 1. The course exam shall evaluate the trainee’s competency and proficiency. 2. All individuals must pass the course exam in order to successfully complete any course and receive a course completion certificate. Seventy percent (70%) shall be considered the passing score on the course exam. 3. The training provider and the training manager are responsible for maintaining the validity and integrity of the course exam to ensure that it accurately evaluates the trainees’ knowledge and retention of the course topics; (F) Hands-On Skills Assessment. For each course offered, except for project designers, the training provider shall conduct a hands-on skills assessment. 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; (G) Course Completion Certificate. The training provider shall issue unique course completion certificates to each individual who passes the training course. The course completion certificate shall include: 1. The name, a unique identification number, and address of the individual; 2. The name of the particular course that the individual completed; 3. Dates of course completion/exam passage; and 4. The name, address and telephone number of the training provider; (H) Quality Control Plan. The training manager shall develop and implement a quality control plan. The plan shall be used to maintain or improve the quality of the accredited training provider over time. 1. This plan shall contain at least the following elements: A. Procedures for periodic revision of training materials and the course exam to reflect innovations in the field; B. Procedures for the training manager’s annual review of principal instructor competency; and C. A review to ensure the adequacy of the facilities and equipment. 2. An annual report discussing the results of the quality control plan shall be submitted to OLLA one (1) year following accreditation and at renewal; (I) Access by OLLA. The accredited training provider shall allow OLLA to conduct audits as needed in order for OLLA to evaluate the provider’s compliance with OLLA accreditation requirements. During this audit, the provider shall make available to OLLA information necessary to complete the evaluation. At OLLA’s request, the provider shall also make documents available for photocopying; (J) Recording Keeping. The accredited training provider shall maintain at its principal place of business, for at least five (5) years, the following records: 1. All documents specified in subsections (7)(B) and (8)(B) of this regulation that demonstrate the qualifications listed in subsection (7)(A) of this regulation for the training manager, and subsection (8)(A) of this regulation for the principal instructor; 2. Curriculum/course materials and documents reflecting any changes made to these materials; 3. The course examination and blueprint; 4. Information regarding how the handson skills assessment is conducted including, but not limited to: A. Who conducts the assessment; B. How the skills are graded; C. What facilities are used; D. The pass/fail rate; and E. The quality control plan as described in subsection (6)(H) of this regulation; 5. Results of the students’ hands-on skills assessments and course exams, and a record of each student’s course completion certificate; and 6. Any other material not listed in paragraph (6)(J)4. of this regulation that was submitted to OLLA as part of the training provider’s application for accreditation; (K) Course Notification. The accredited training provider shall notify OLLA in writing fourteen (14) calendar days prior to conducting an accredited training course. 1. The notification shall include: A. The location of the course if it will be conducted at a location other than the provider’s training facility; B. The dates and times of the course; C. The name of the course; and D. The name of the principal instructor and any guest instructors conducting the course. 2. If the scheduled training course has been changed or canceled, the accredited training provider shall notify OLLA in writing twenty-four (24) hours prior to the scheduled training course; (L) Changes of a Training Course. Once a training course has been accredited, any changes in any one (1) of the items listed below must be submitted in writing to OLLA for review and approval prior to the continuation of the training course: 1. Course curriculum; 2. Course examination; 3. Course materials; 4. Training manager and/or principal instructors; and/or 5. Certificate of completion. Within sixty (60) calendar days of receipt of a change of a training course, OLLA shall inform the provider in writing that the change is either approved or disapproved. If the change is approved, the accredited training provider shall include the change in the training course. If the change is disapproved, the accredited training provider shall not include the change in the training course; (M) Change of Ownership. If an accredited training provider changes ownership, the new owner shall notify OLLA in writing at least thirty (30) calendar days prior to the change of ownership becoming effective. The notification shall include a new training course provider accreditation application, the appropriate fee(s), and the date that the change of ownership will become effective. The new training course provider accreditation application shall be processed pursuant to 19 CSR 30-70.320. The current training provider’s accreditation shall expire on the effective date set forth in the notification of the change of ownership; and (N) Change of Address. The accredited training provider shall notify OLLA in writing of the accredited training provider’s new address, telephone number and description of the new training facility, and shall submit such notification to OLLA not later than thirty (30) days prior to relocating its business or transferring its records. (7) Training, Education and Experience Requirements for the Training Manager. (A) The education and/or experience requirements for the training manager shall include one (1) year of experience in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene; and at least one of the following: 1. A minimum of two (2) years of experience teaching or training adults; 2. A bachelor’s or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, business administration, education; or 3. A minimum of two (2) years experience in managing a training program specializing in environmental hazards. (B) The following records of experience and education shall be recognized by OLLA as evidence that the individual meets or exceeds OLLA requirements for a training manager: 1. Resumes, letters of reference from past employers, or documentation to evidence past experience, which includes dates (month/year) of employment, employer’s name, address, telephone number, and specific job duties, as evidence of meeting the experience requirements; and 2. Official academic transcripts or diploma, as evidence of meeting the education requirements. (8) Training, Education and Experience Requirements for the Principal Instructor. (A) The training, education and experience requirements for the principal instructor of a training course includes all of the following: 1. Successfully completed at least twenty-four (24) hours of any OLLA- or Environmental Protection Agency (EPA)- accredited lead-specific training; 2. A minimum of one (1) year of experience in teaching or training adults; and 3. A minimum of one (1) year of experience in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene, or an associate degree or higher from a post-secondary educational institution in building construction technology, engineering, safety, public health, or industrial hygiene; and (B) The following records of experience and education shall be recognized by OLLA as evidence that the individual meets or exceeds OLLA requirements for a principal instructor: 1. Course completion certificates issued by the OLLA- or EPA-accredited training provider as evidence of meeting the training requirements. 2. Official academic transcripts or diploma, as evidence of meeting the education requirements. 3. Resumes, letters of reference from past employers, or documentation to evidence past experience, which includes dates (month/year) of employment, employer’s name, address, telephone number, and specific job duties, as evidence of meeting the experience requirements. AUTHORITY: sections 701.301 and 701.314, RSMo Supp. 1998.* Emergency rule filed Aug. 19, 1999, effective Aug. 30, 1999, expired Feb. 25, 2000. Original rule filed Aug. 19, 1999, effective Feb. 29, 2000. *Original authority: 701.301, RSMo 1998 and 701.314, RSMo 1993, amended 1998.