Accreditation of Training Programs

Accreditation of Training Programs. A. Scope. (1) A training program may seek accreditation to offer lead-based paint activities courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer, renovator, dust sampling technician, and abatement worker. A training program may also seek accreditation to offer refresher courses for each of the above listed disciplines. (2) A training program shall not provide, offer, or claim to provide Commission accredited lead-based paint inspector, risk assessor, supervisor, project designer or abatement worker courses without applying for and receiving accreditation from the Commission as required under paragraph B. of this rule on or after August 31, 1998. A training program shall not provide, offer or claim to provide Commission accredited lead-based paint renovator or dust sampling technician courses without applying for and receiving accreditation from the Commission as required under paragraph B. of this rule on or after December 10, 2009. B. Application Process. The following are procedures a training program shall follow to receive Commission accreditation to offer lead-based paint activities courses: (1) A training program seeking accreditation shall submit the required accreditation fee along with the completed form prescribed by the Commission containing the following information: (a) The training program’s name, address, and telephone number. (b) A list of courses for which it is applying for accreditation. For the purpose of this rule, courses taught in different languages and electronic learning courses are considered different courses, and each must independently meet the accreditation requirements. (c) A statement signed by the training program manager certifying that the training program meets the requirements established in paragraph C. of this rule. If a training program uses EPA-developed model training materials, or training materials approved by a State or Indian Tribe that has been authorized by EPA, the training program manager shall include a statement certifying that, as well. (d) A copy of the student and instructor manuals, or other materials to be used for each course. (e) A copy of the course agenda for each course, including the time allotted to teaching each course topic. (f) A copy of the course examination with the correct answers marked for each question. (g) All training programs shall include in their application for accreditation the following: (1) A description of the facilities and equipment to be used for lecture and hands-on training. (2) A copy of the course test blueprint for each course. (3) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course. (4) A copy of the quality control plan for each course as described in paragraph C.(9) of this rule. (5) A list of learning objectives for each lecture, exercise, and hands- on activity. (6) Name and documentation of qualifications of the training manager and principal instructors. (2) If a training program meets the requirements in paragraph C. of this rule, then the Commission shall approve the application for accreditation no more than 180 days after receiving a complete application from the training program contingent upon a satisfactory on-site course audit by the Department. In the case of approval, a certificate of accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, the Department may, at its discretion, work with the applicant to address inadequacies in the application for accreditation. The Department may also request additional materials retained by the training program, under paragraph I. of this rule. If a training program’s application is disapproved, the program may reapply for accreditation at any time. (3) A training program may apply for accreditation to offer courses or refresher courses in as many disciplines as it chooses. A training program may seek accreditation for additional courses at any time as long as the program can demonstrate that it meets the requirements of this rule. (4) For the purposes of this rule, courses taught in different languages, and electronic learning courses are considered different courses and each must independently meet the accreditation requirements. (5) When applying for accreditation of a course in a language other than English, a signed statement from a qualified, independent translator that they had compared the course to the English language version and found the translation to be accurate. C. Requirements for the Accreditation of Training Programs. For a training program to obtain accreditation from the Commission to offer lead-based paint activities courses, the program shall meet the following requirements for each discipline for which the program is seeking accreditation: (1) The training program shall employ a training manager who has: (a) At least 2 years of experience, education, or training in teaching adults; or (b) A bachelor’s or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration or program management or a related field; or (c) Two years of experience in managing a training program specializing in environmental hazards; and (d) Demonstrated 2 years of 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 manager shall designate a qualified principal instructor for each course who has: (a) Demonstrated experience, education, or training in teaching workers or adults; and (b) Successfully completed the initial and prerequisite training course requirements of the EPA-accredited or EPA-authorized State or Tribal- accredited training course to be taught; and (c) Demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, remodeling, occupational safety and health, or industrial hygiene. (3) The principal instructor shall be responsible for the organization of the course, course delivery, and oversight of the teaching of all course material. The training manager may designate guest instructors as needed for a portion of the course to provide instruction specific to the lecture, hands-on activities, or work practice components of a course. However, the principal instructor is primarily responsible for teaching the course materials and must be present to provide instruction (or oversight of portions of the course taught by guest instructors) for the course for which he/she has been designated the principal instructor. (4) The following documents shall be recognized by the Commission as evidence that training managers and principal instructors have the education, work experience, training requirements or demonstrated experience, specifically listed in paragraphs C.(1) and C.(2) of this rule. This documentation must be submitted with the accreditation application and retained by the training program as required by the recordkeeping requirements contained in paragraph I. of this rule. Those documents include the following: (a) Official academic transcripts or diploma as evidence of meeting the education requirements. (b) Resumes, letters of reference, or documentation of work experience as evidence of meeting the work experience requirements. (c) Certificates from the train-the-trainer courses and lead-specific training courses, as evidence of meeting the training requirements. (5) The training program 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 shall provide training courses that meet the following training requirements: (a) The inspector course shall last a minimum of 24 training hours, with a minimum of 8 hours devoted to hands-on training activities. The minimum curriculum requirements for the inspector course are contained in paragraph D.(1) of this rule. (b) The risk assessor course shall last a minimum of 16 training hours, with a minimum of 4 hours devoted to hands-on training activities. The minimum curriculum requirements for the risk assessor course are contained in paragraph D.(2) of this rule. (c) The supervisor course shall last a minimum of 32 training hours, with a minimum of 8 hours devoted to hands-on activities. The minimum curriculum requirements for the supervisor course are contained in paragraph D.(3) of this rule. (d) The project designer course shall last a minimum of 8 training hours. The minimum curriculum requirements for the project designer course are contained in paragraph D.(4) of this rule. (e) The abatement worker course shall last a minimum of 16 training hours, with a minimum of 8 hours devoted to hands-on training activities. The minimum curriculum requirements for the abatement worker course are contained in paragraph D.(5) of this rule. (f) The renovator course must last a minimum of 8 training hours, with a minimum of 2 hours devoted to hands-on training activities. The minimum curriculum requirements for the renovator course are contained in paragraph D.(6) of this rule. (g) The dust sampling technician course must last a minimum of 8 training hours, with a minimum of 2 hours devoted to hands-on training activities. The minimum curriculum requirements for the dust sampling technician course are contained in paragraph D.(7) of this rule. (h) Electronic learning and other alternative course delivery methods are permitted for the classroom portion of renovator, dust sampling technician, or lead-based paint activities courses but not the hands-on portion of these courses, or for final course tests. (7) For each course offered, the training program shall conduct a course test at the completion of the course, and if applicable, a hands-on skills assessment. Each student must successfully complete the hands-on skills assessment and receive a passing score 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 paragraph D. of this rule. (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) The training program shall issue unique course completion certificates to each individual who passes the training course. The course completion certificate shall include: (a) The name, a unique identification number, and address of the individual. (b) The name of the particular course that the individual completed. (c) Dates of course completion/test passage. (d) The name, address, and telephone number of the training program. (e) The printed name of the training manager, printed name of the principal instructor, and the signature of either the training manager or the principal instructor. (f) The language in which the course was taught. (g) For renovator and dust sampling technician course completion certificates, a photograph of the individual. The photograph must be an accurate and recognizable image of the individual. As reproduced on the certificate, the photograph must not be smaller than 1 inch square. (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. (b) Procedures for the training manager’s annual review of principal instructor competency. (10) Courses offered by the training program must teach the work practice standards for conducting lead-based paint activities contained in rule 9.5. These standards must be taught in the appropriate courses to provide trainees with the knowledge needed to perform the lead-based paint activities they will be 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 this rule. (12) The training manager shall allow the Department to audit the training program to verify the contents of the application for accreditation as described in paragraph B. of this rule and to assure compliance with all requirements of the regulations regarding training. D. Minimum Training Curriculum Requirements. To become accredited to offer lead-based paint courses in the specific disciplines listed below, training programs must ensure that their courses of study include, at a minimum, the following course topics. (1) Inspector. Requirements (d), (e), (f), and (g) require hands-on activities as an integral component of the course. (a) Role and responsibilities of an inspector. (b) Background information on lead and its adverse health effects. (c) Background information on Federal, State, and local regulations and guidance that pertains to lead-based paint and lead-based paint activities. (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 final inspection report. (h) Recordkeeping. (2) Risk Assessor. Requirements (d), (f), and (g) require hands-on activities as an integral component of the course. (a) Role and responsibilities of a 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 or 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. (i) Preparation of a final risk assessment report. (3) Supervisor. Requirements (e), (g), (h), (i), and (j) require hands-on activities as an integral component of the course. (a) Role and responsibilities of a supervisor. (b) Background information on lead and its adverse health effects. (c) Background information on Federal, State, and local regulations and guidance that pertain to lead-based paint abatement. (d) Liability and insurance issues related to lead-based paint abatement. (e) Risk assessment and inspection report interpretation. (f) Development and implementation of an occupant protection plan and abatement report. (g) Lead-based paint hazard recognition and control. (h) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices. (i) Interior dust abatement/cleanup or lead-based paint hazard control and reduction methods. (j) Soil and exterior dust abatement or lead-based paint hazard control and reduction methods. (k) Clearance standards and testing. (l) Cleanup and waste disposal. (m) Recordkeeping. (4) Project Designer (a) Role and responsibilities of a project designer. (b) Development and implementation of an occupant protection plan for large scale abatement projects. (c) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices for large-scale abatement projects. (d) Interior dust abatement/cleanup or lead hazard control and reduction methods for large-scale abatement projects. (e) Clearance standards and testing for large scale abatement projects. (f) Integration of lead-based paint abatement methods with modernization and rehabilitation projects for large scale abatement projects. (5) Abatement Worker. Requirements (d), (e), (f), and (g) require hands-on activities as an integral component of the course. (a) Role and responsibilities of an abatement worker. (b) Background information on lead and its adverse health effects. (c) Background information on Federal, State, and local regulations and guidance that pertain to lead-based paint abatement. (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. (g) Soil and exterior dust abatement methods or lead-based paint hazard reduction. (6) Renovator. Requirements (d), (e), (f), and (g) and (h) require hands-on activities as an integral component of the course. (a) Role and responsibilities of a renovator. (b) Background information on lead and its adverse health effects. (c) Background information on EPA, HUD, OSHA, and other Federal, State, and local regulations and guidance that pertains to lead-based paint and renovation activities. (d) Procedures for using acceptable test kits to determine whether paint is lead-based paint. (e) Procedures for collecting a paint chip sample and sending it to a laboratory recognized by EPA under Section 405(b) of TSCA. (f) Renovation methods to minimize the creation of dust and lead-based paint hazards. (g) Interior and exterior containment and cleanup methods. (h) Methods to ensure that the renovation has been properly completed, including cleaning verification, and clearance testing. (i) Waste handling and disposal. (j) Providing on-the-job training to other workers. (k) Record preparation. (7) Dust sampling technician. Requirements (d) and (f) requires hands-on activities as an integral component of the course. (a) Role and responsibilities of a dust sampling technician. (b) Background information on lead and its adverse health effects. (c) Background information on Federal, State, and local regulations and guidance that pertains to lead-based paint and renovation activities. (d) Dust sampling methodologies. (e) Clearance standards and testing. (f) Report preparation. E. Requirements for the Accreditation of Refresher Training Programs. A training program may seek accreditation to offer refresher courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer, renovator, dust sampling technician, and abatement worker. To obtain Commission accreditation to offer refresher training, a training program must meet the following minimum requirements: (1) Each refresher course shall review the curriculum topics of the full-length courses listed under paragraph D. of this rule, 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 in general, as well as specific information pertaining to the appropriate discipline. (b) Current laws and regulations relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline. (c) Current technologies relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline. (2) Refresher courses for inspector, risk assessor, supervisor, and abatement worker must last a minimum of 8 training hours. Refresher courses for project designer, renovator, and dust sampling technician must last a minimum of 4 training hours. (3) For all other courses offered except for project designer, the training program must conduct a hands-on assessment and must conduct a course test at the completion of the course. (4) A training program may apply for accreditation of a refresher course concurrently with its application for accreditation of the corresponding training course as described in paragraph B. of this rule. If so, the Commission shall use the approval procedure described in paragraph B. of this rule. In addition, the minimum requirements contained in paragraphs C.(1) through C.(5) and C.(7) through C.(12) and E.(1) through E.(3) of this rule shall also apply. (5) A training program seeking accreditation to offer refresher training courses only shall submit a completed application on forms provided by the Commission containing the following information: (a) The refresher training program’s name, address, and telephone number. (b) A list of courses for which it is applying for accreditation. (c) The name and documentation of the qualifications of the training program manager and principal instructor. (d) A statement signed by the training program manager certifying that the refresher training program meets the minimum requirements established in paragraph C. of this rule, except for the requirements in paragraph C.(6) of this rule. If a training program uses EPA-developed model training materials, or training materials approved by a State or Indian Tribe that has been authorized by EPA to develop its refresher training course materials, the training manager shall include a statement certifying that, as well. (e) A copy of the student and instructor manuals to be used for each course. (f) A copy of the course agenda for each course. (g) A copy of the course examination with the correct answers marked for each question. (h) All refresher training programs shall include in their application for accreditation the following: (1) A description of the facilities and equipment to be used for lecture and hands-on training. (2) A copy of the course test blueprint for each course. (3) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course (if applicable). (4) A copy of the quality control plan as described in paragraph C.(9) of this rule. (5) A list of learning objectives for each lecture, exercise, and hands- on activity. (i) The requirements in paragraphs C.(1) through C.(5) and C.(7) through C.(12) of this rule apply to refresher training providers. (j) If a refresher training program meets the requirements listed in this paragraph and has paid the required fee, then the Commission shall approve the application for accreditation no more than 180 days after receiving a complete application from the refresher training program contingent upon a satisfactory on-site course audit by the Department. In the case of approval, a certificate of accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, the Commission may, at its discretion, work with the applicant to address inadequacies in the application for accreditation. The Commission may also request additional materials retained by the refresher training program under paragraph I. of this rule. If a refresher training program’s application is disapproved, the program may reapply for accreditation at any time. F. Re-accreditation of Training Programs. (1) Unless re-accredited, a training program’s accreditation (including refresher training accreditation) shall expire 4 years after the date of issuance. If a training program meets the requirements of this rule, the training program shall be re- accredited. (2) A training program seeking re-accreditation shall submit an application to the Commission no later than 180 days before its accreditation expires. If a training program does not submit its application for re-accreditation by that date, the Commission cannot guarantee that the program will be re-accredited before the end of the accreditation period. (3) The training program’s application for re-accreditation shall contain: (a) The training program’s name, address, and telephone number. (b) A list of courses for which it is applying for re-accreditation. (c) The name and qualifications of the training program manager. (d) The name(s) and qualification of the principal instructor(s). (e) A description of any changes to the training facility, equipment, or course materials since the last application was approved. (f) A statement signed by the program manager stating: (1) That the training program complies at all times with all requirements in paragraphs C. and E. of this rule, as applicable; and (2) The recordkeeping and reporting requirements in paragraph I. of this rule shall be followed. (g) Payment of appropriate fees. (4) Upon request, the training program shall allow the Department to audit the training program to verify the contents of the application for re-accreditation as described in paragraph F.(3) of this rule and to assure compliance with all requirements of the regulations regarding training. G. Suspension, Revocation, and Modification of Accredited Training Programs. (1) The Commission may, after notice and an opportunity for hearing, suspend, revoke, or modify training program accreditation (including refresher training 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 Commission 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-related information or documentation. (e) Failed to comply with the training standards and requirements in this rule. (f) Failed to comply with Federal, State, or local lead-based paint statutes or regulations. (g) Made false or misleading statements to the Commission in its application for accreditation or re-accreditation which the Commission relied upon in approving the application. H. Procedures for Suspension, Revocation or Modification of Training Program Accreditation. (1) Prior to taking action to suspend, revoke, or modify the accreditation of a training program, the Commission shall notify the affected entity in writing of the following: (a) The legal and factual basis for the suspension, revocation, or modification. (b) The anticipated commencement date and duration of the suspension, revocation, or modification. (c) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification, or to receive accreditation in the future. (d) The opportunity and method for requesting a hearing prior to final Commission action to suspend, revoke or modify accreditation. (e) Any additional information, as appropriate, which the Commission may provide. (2) If a hearing is requested by the accredited training program, all proceedings and hearings before the Commission shall be conducted in accordance with Sections 49-17-31 through 49-17-41, Mississippi Code of 1972. I. Training Program Recordkeeping Requirements. (1) Accredited training programs shall maintain, and make available to the Commission or the Department upon request, the following records: (a) All documents specified in paragraphs C.(4), E.(5), and F.(3) of this rule that demonstrate the qualifications listed in paragraphs C.(1) and C.(2) of this rule 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 regarding how the hands-on assessment is conducted including, but not limited to: (1) Who conducts the assessment. (2) How the skills are graded. (3) What facilities are used. (4) The pass/fail rate. (e) The quality control plan as described in paragraph C.(9) of this rule. (f) Results of the student’s hands-on skills assessments and course tests, and a record of each student’s course completion certificate. (g) Any other material not listed above in paragraphs I.(1)(a) through I.(1)(f) of this rule that was submitted to the Commission as part of the program’s application for accreditation. (h) For renovator refresher and dust sampling technician refresher courses, a copy of each trainee’s prior course completion certificate showing that each trainee was eligible to take the refresher course. (i) For course modules delivered in an electronic format, a record of each student’s log-ins, launches, progress, and completion, and a copy of the electronic learning completion certificate for each student. (2) The training program shall retain these records at the address specified on the training program accreditation application (or as modified in accordance with paragraph I.(3) of this rule) for a minimum of 5 years and 6 months. (3) The training program shall notify the Commission in writing within 30 days of changing the address specified on its training program accreditation application or transferring the records from that address. J. Amendment of Accreditation. (1) A training program must amend its accreditation application within 90 days of the date that a change occurs to the information that was submitted in the program’s most recent application. If the training program fails to amend its accreditation application within 90 days of the date the change occurs, the program may not provide lead-based paint activities training until its accreditation application is amended. (2) The training program must specify in their amended application what changes have occurred to the information that was submitted in their most recent accreditation or re-accreditation application. (3) If the amendment includes a new training program manager or any new or additional principal instructor(s), the training provider is not permitted to provide training under the new training manager or offer courses taught by any new principal instructor(s) until the Department approves the amendment. K. Training Course Notification. (1) Not less than ten (10) days prior to the first day of an anticipated training course, training course providers must provide written notification to the Department, on forms developed by the Department, of the following: (a) Notification type (original, update, cancellation); (b) The course discipline; and type (initial/refresher); (c) Training program name, address, and telephone number; (d) Date and time of the training course; (e) Exact location of the site of the training course (if the location is different from the principal location of the training provider, a vicinity map, sketch or detailed written directions showing the training site location shall be included in the notification, unless a vicinity map has previously been submitted for the specific location); (f) Information about the language to be used in the training course; (g) The name of the principal instructor; and (h) A copy of the training course agenda. If the agenda is identical to an agenda which has previously been submitted, an additional copy of the agenda is not required with the notification. (2) Failure to provide re-notification of changes in the time or location of the training course or any other information listed on the original notification within two (2) working days prior to the first day of the pending training course may lead to rejection of any certificate of training issued by the training provider in support of individual accreditation in Mississippi. (3) Within seven (7) calendar days after completion of a training course, the training course provider must provide the Department with a written roster containing the following: (a) The name of the course indicating the discipline and whether the course is an initial or refresher training course; (b) The names of all course applicants; (c) For each participant, whether the participant passed or failed the examination; (d) The date, time and location of the training course; (e) For each participant, the training certificate number; (f) The name of the principal instructor; (g) The name, address and phone number of the training provider; and (h) For renovator or dust sampling technician courses only, a digital photograph of each participant. (4) Failure to submit a roster may result in the rejection of any certificate of training submitted to the Department in support of an application for accreditation. L. Non-English Language Courses. The following shall apply to all courses taught in non- English languages: (1) Training courses shall be taught in the language in which all participating students are fluent; (2) Written materials, including examinations, must be correctly translated into the language in which all participating students are fluent; and (3) Interpreters may not be used to teach or instruct training courses. M. Type and Duration of Certificates Unless the Commission revokes or suspends a certificate, an initial certification of training providers shall be valid for one year. Training providers may obtain a renewal of their certificates annually. To maintain certification, training providers must be reaccredited every four (4) years. N. Reciprocity Any training provider which has been issued a certificate of accreditation in another state or a tribe which has certification, educational, and experience requirements equal to or greater than those of this State, and which grants equal accreditation privileges to training providers accredited in this State, may be issued an equivalent accreditation in this State upon terms and conditions determined by the Department.