PROPOSED RULEMAKING
DEPARTMENT OF LABOR AND INDUSTRY
[34 PA. CODE CH. 401]
Asbestos Occupation Accreditation and Certification
[26 Pa.B. 4992] The Department of Labor and Industry (Department), under the authority contained in the Asbestos Occupation Accreditation and Certification Act (act) (63 P. S. §§ 2101--2112), proposes regulations concerning the accreditation of training providers and the certification of asbestos occupations.
Purpose of Proposed Rulemaking
The proposed regulations, in Annex A, sets forth accreditation requirements and procedures for training providers and certification requirements and procedures for asbestos occupations. The Department appointed an Asbestos Advisory Committee (Advisory Committee), as required by section 10 of the act (63 P. S. § 2110). The Advisory Committee held monthly public hearings to determine the content of the regulations they would recommend to the Secretary of the Department (Secretary). These meetings were attended by training providers and various representatives of the asbestos-abatement industry.
The Secretary has reviewed the Advisory Committee's recommendations in conjunction with the Federal requirements for training provider accreditation and asbestos occupation certification. The proposed regulations meet the Environmental Protection Agency's (EPA) Model Plan requirements.
Statutory Authority
The Department is proposing these regulations under the authority contained in the act.
Summary of Proposed Rulemaking
Chapter 401.
Section 401.1 (relating to definitions)
Section 401.1 provides definitions for the terms in the regulations. Some of the definitions--such as ''major fiber release episode''; ''minor fiber release episode''; ''inspection''; and ''small-scale, short-duration activities''--are mandated by the EPA for certification under its model plan.
Sections 401.11--401.21 (relating to training course accreditation procedures and requirements)
These proposed sections provide for the accreditation of initial and refresher training courses. An application for accreditation must be received 30 days before a training provider's first-course session. The Department will grant conditional accreditation if the materials submitted are complete and comply with the Department's requirements. The Department will issue final-course approval after it determines, from a complete review of the materials and observation of the course, that the course meets the requirements of the act and these regulations.
These proposed sections set out the specific requirements for courses in each of the occupations. For EPA occupation classifications, these sections adopt the EPA's course requirements by reference. These sections also adopt a shorter (6--8 hour) training course for the subworker classifications (roofer/sider, resilient floor covering remover, restricted handler, and asbestos operations and maintenance individual). These sections also create a new classification, asbestos air-sampling technician.
These sections set out the final examination requirements, which mirror the EPA requirements and provide requirements for course changes, course instructor requirements, issuance of training certificates and course provider recordkeeping requirements.
Sections 401.41--401.47 (relating to certification procedures and requirements)
These proposed sections provide the requirements for initial and renewal occupation certification. Asbestos occupation certifications are valid for 1 year--except for asbestos worker (roofer/sider), asbestos worker (resilient floor covering remover), restricted asbestos handler and asbestos operations and maintenance individual, which are valid for 3 years.
These sections provide the certification requirements and scope of duties permitted for each occupation under the regulations and the act for asbestos management planner, asbestos project designer, asbestos project monitor, asbestos inspector, asbestos contractor, asbestos supervisor, asbestos worker (general, roofer/sider, resilient floor covering, restricted handler, and asbestos operations and maintenance individual), and asbestos air-sampling technician. The sections allow an on-the-job training option for some of the occupational classes and require proof of occupation certification on the work site.
Sections 401.61--401.63 (relating to denial, suspension or revocation of certification or accreditation)
These proposed sections provide the grounds and the process for denial, suspension or revocation of accreditation or certification. The reasons for such actions are set out in § 401.61 (relating to grounds). These grounds are based on those found in the act and the EPA's model plan. Proposed § 401.62 (relating to notice and hearing) provides for notice and hearing, in accordance with 2 Pa.C.S. (relating to administrative law and procedure).
Sections 401.81--401.87 (relating to fees)
These proposed sections provide the fee schedules for initial and renewal certification fees, training course accreditation fees and refresher training course accreditation fees. There is a fee cap of $5,000 per year on training course provider fees for an individual provider.
Sections 401.101--401.103 (relating to enforcement procedures and penalties)
These proposed sections allow inspectors to enter work sites to determine compliance with the act and these regulations. They also provide for civil penalties for violations of the act and the regulations. These sections set out certification, accreditation and notification violations. They provide the standards to be used by the Department in determining a civil penalty.
Sections 401.121 and 401.122 (relating to notification requirements)
These proposed sections provide for a single point of notification for all asbestos-abatement projects in the Department of Environmental Protection (DEP). These sections require contractors to submit written notification to DEP at least 10 business days before the start of an abatement project and at least 1-business day before the start of an emergency business abatement project. These sections also provide for changes to the original notification of an abatement project.
Sections 401.141--401.146 (relating to administrative matters)
These proposed sections provide the purpose and scope of the regulations, specifically stating to whom the chapter applies. They also set out additional recordkeeping requirements and provide that the Department may adopt any changes to the EPA's model plan by publication of a notice in the Pennsylvania Bulletin.
Sections 401.161 and 401.162 (relating to reciprocity)
These proposed sections provide for the recognition of accreditation and certification granted by other states. The Department may enter into reciprocal agreements with other states and jurisdictions, so persons in occupations will not be required to take additional training classes and providers will not be required to meet additional standards. The fees set out in §§ 401.81--401.87 will still apply.
Affected Persons
These proposed regulations will affect persons in asbestos-abatement occupations, asbestos-abatement contractors, training providers and building owners.
Fiscal Impact and Paperwork
The Department will not incur additional administrative costs and paperwork as a result of the proposed regulations. The Department is currently operating an EPA-approved accreditation and certification program with statutorily authorized fees. Asbestos contractors, persons in asbestos abatement occupations, and training course providers will not incur additional expense as a result of this proposed regulations. Training providers will be required to keep some additional records on their students.
Sunset Date
A sunset date is not appropriate because the Commonwealth's program must be certified and in compliance with EPA standards.
Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding the proposedregulations to Sharon K. Lawson, Administrator, Asbestos Division, Bureau of Occupational and Industry Safety, Department of Labor and Industry, Room 1402, Labor and Industry Building, Seventh and Forster Streets, Harrisburg, PA 17120, within 30 days of publication in the Pennsylvania Bulletin.
Prior to the adoption of final regulations, the Department will carefully review and consider comments received concerning this proposal. Written comments will be officially reviewed and considered by the Department within 30 days of the publication of these regulations. The Department will hold three public hearings in Philadelphia, Pittsburgh and Harrisburg during the comment period. One hearing will be held in each location.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the proposed regulations on October 8, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Labor Relations Committee and the Senate Labor and Industry Committee (Committees). In addition to submitting the proposed regulations, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department, in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendment, it must notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulation, by the Department the General Assembly and the Governor of objections raised.
(1) Pittsburgh
Tuesday, October 29, 1996 10 a.m.-noon
Radisson Hotel
Room Monroe 2
101 Mall Blvd.
Monroeville, PA 15146
(412) 373-7300(2) Harrisburg
Wednesday, October 30, 1996 10 a.m.-noon
Holiday Inn Harrisburg/Hershey
Room Royale 3
Exit 28, Interstate 81
Grantville, PA 17028
(717) 469-0661(3) Philadelphia
Friday, November 1, 1996 10 a.m.-noon
Valley Forge Hilton
Jefferson Room
251 W. Dekalb Pike
King of Prussia, PA 19406
(610) 337-1200JOHNNY J. BUTLER,
SecretaryFiscal Note: 12-38. No fiscal impact; (8) recommends adoption. Fees generated should offset program costs.
Annex A
TITLE 34. LABOR AND INDUSTRY
PART XIV. ASBESTOS OCCUPATIONS ACCREDITATION AND CERTIFICATION
CHAPTER 401. ASBESTOS OCCUPATIONS ACCREDITATION AND CERTIFICATION GENERAL
Sec.
401.1. Definitions. TRAINING COURSE ACCREDITATION PROCEDURES AND REQUIREMENTS
401.11. Accreditation of initial and refresher courses. 401.12. General requirements for accreditation of initial refresher training courses. 401.13. Specific requirements for accreditation of initial training courses. 401.14. Specific requirements for accreditation of refresher training courses. 401.15. Final examination requirements. 401.16. Changes to accredited training courses. 401.17. Training course provider requirements. 401.18. Training course instructor requirements. 401.19. Issuance of training certificate. 401.20. Recordkeeping requirements. 401.21. Prior accreditation. CERTIFICATION PROCEDURES AND REQUIREMENTS
401.41. Prior certification. 401.42. Initial certification. 401.43. Renewal of certification. 401.44. Multiple asbestos occupations. 401.45. Certification requirements and scope of duties. 401.46. On-the-job training option. 401.47. Proof of certification. DENIAL, SUSPENSION OR REVOCATION OF CERTIFICATION OR ACCREDITATION
401.61. Grounds. 401.62. Notice and hearing. 401.63. Civil actions and criminal proceedings. FEES
401.81. General information. 401.82. Training course accreditation fees. 401.83. Refresher training course accreditation fees. 401.84. Fee limitation. 401.85. Initial certification fees. 401.86. Certification renewal fees. 401.87. Additional fees. ENFORCEMENT PROCEDURES AND PENALTIES
401.101. Inspections. 401.102. Interference with inspections. 401.103. Civil penalties. NOTIFICATION REQUIREMENTS
401.121. Original notification. 401.122. Changes to original notification. ADMINISTRATIVE MATTERS
401.141. Purpose and scope. 401.142. Application of chapter. 401.143. Other requirements. 401.144. Federal requirements. 401.145. Additional recordkeeping requirements. 401.146. Changes to the Model Accreditation Plan (MAP) by the EPA. RECIPROCITY
401.161. Accreditation of other training programs. 401.162. Certification in other jurisdictions.
GENERAL § 401.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ACBM--Friable asbestos-containing building material-- A friable ACM that is in or on interior structural members or other parts of a school or public and commercial buildings.
ACM--Asbestos-containing material--A material that contains more than 1% asbestos by weight.
AHERA--The Asbestos Hazard Emergency Response Act of 1986 (15 U.S.C.A. §§ 2641--2654).
ASHARA--The Asbestos School Hazard Abatement Reauthorization Act of 1984 (20 U.S.C.A. §§ 4011--4022).
Accreditation--A certificate issued by the Department permitting a person to conduct asbestos occupation training courses.
Act--The Asbestos Occupations Accreditation and Certification Act (63 P. S. §§ 2101--2111).
Asbestos--The asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite) anthophyllite, actinolite and tremolite.
Asbestos abatement--A demolition, renovation, repair, construction or maintenance activity of a public, commercial or private facility that involves the repair, enclosure, encapsulation, removal, salvage, handling or disposal of materials with the potential of releasing asbestos fibers from asbestos-containing materials.
Asbestos abatement project--Activities, including site preparation and cleanup, associated with asbestos abatement performed within or on a building involving more than 3 linear feet or 3 square feet of asbestos-containing material. Activities from the start of the project through obtaining an acceptable final clearance air sample in the project areas or removal of all abated asbestos-containing material from the project site, whichever is later, are included.
Asbestos air sampling technician--An individual who collects air samples before, during and after an asbestos abatement project.
Asbestos-containing material--A material that contains more than 1% asbestos by weight.
Asbestos occupation--An asbestos air sampling technician, asbestos contractor, asbestos inspector, asbestos management planner, asbestos worker (asbestos operations and maintenance individual), asbestos project designer, asbestos project monitor, asbestos worker (restricted asbestos handler), asbestos supervisor, asbestos worker, asbestos worker (resilient floor covering remover) or asbestos worker (roofing/siding).
Asbestos operations and maintenance activity--Any asbestos abatement performed, including site preparation and clean-up, within or on a building involving not more than 3 linear feet or 3 square feet of asbestos-containing material.
(i) Asbestos worker--asbestos operations and maintenance individual--An individual who works in a building which contains asbestos-containing material and who conducts activities that will result in the disturbance of asbestos-containing material or who performs spot asbestos abatement of asbestos-containing material within or on the buildings.
(ii) Resilient floor covering remover--An individual who performs limited or specialized asbestos abatement involving any flooring comprised of or containing non-friable asbestos-containing material.
(iii) Restricted asbestos handler--An individual who enters an asbestos abatement work area as a result of his specific job duties for a limited period of time to perform specialized tasks that may release asbestos fibers.
(iv) Roofing/siding--An individual who performs limited or specialized asbestos abatement of any roofing or siding comprised of or containing nonfriable asbestos-containing material.
Building--All or part of a public, commercial or private building or structure.
Certification--A certificate issued by the Department permitting a person to work in an asbestos occupation and which contains a recent photograph of that person.
Day of training--For purposes of §§ 401.41--401.47 (relating to certification procedures and requirements), 1 day of training equals to 8 hours, including breaks and lunch.
Department--The Department of Labor and Industry of the Commonwealth.
EPA--The Environmental Protection Agency.
Emergency project--A project that was not planned but results from a sudden unexpected event that, if not immediately attended to, presents a safety or health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. The term includes operations necessitated by nonroutine failures of equipment. The Department reserves the right to determine that which constitutes an emergency project.
Facility--A building or group of buildings at a single site that are under the control of the same owner or operator (or owner or operator under common control).
Friable asbestos material--An asbestos-containing material that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure, including an asbestos-containing material that will or can reasonably be expected to become friable as a result of the asbestos abatement activity.
Inspection--
(i) Activities undertaken to specifically determine the presence or location, or to assess the condition of, friable or nonfriable ACBM or suspected ACBM, whether by visual or physical examination, or to assess its physical condition or by collecting samples of such material. The term also includes reinspections of friable and nonfriable known or assumed ACBM which has been previously identified.
(ii) The term also includes three specific exceptions, dealing with related activities which do not require accreditation. The three exceptions include:
(A) Periodic surveillance. A periodic surveillance, as described in 40 CFR 763.92(a) (relating to training and periodic surveillance), is commonly performed by custodial or maintenance workers. The term is distinct from reinspection and is limited only to visual observations and refers to a visual examination of an area in a building that previously has been identified as containing ACBM, or that previously has been assumed to contain ACBM, and that is undertaken to identify changes in the physical condition of that ACBM. A person does not need accreditation to visually survey a ceiling that has already been identified in an earlier inspection or reinspection as suspected ACBM to determine whether the ceiling had been damaged by a water leak. If the person assessed the condition of the ceiling by collecting a sample, or touched it to determine whether it had become friable, however, that person must be accredited as an inspector.
(B) Compliance inspection. Compliance inspections performed by Federal, State or local regulatory agencies are excluded from accreditation because their primary purpose is to determine adherence to applicable statutes or regulations, and not to locate, assess or remedy the condition of ACBM. Based upon the purpose of ASHARA, the EPA has concluded that government personnel who inspect to determine compliance with laws regulating asbestos are not required to obtain accreditation.
(C) Visual inspections.
(I) Visual inspections referenced in 40 CFR 763.90(i) (relating to response actions) are excluded from the accreditation requirement because their purpose is to determine whether a response action is complete, not to actually inspect for asbestos.
(II) The EPA has concluded that a person who conducts an inspection in a public or commercial building to determine whether a response action is complete does not have to be accredited as an inspector. Persons performing these activities will otherwise need accreditation as asbestos abatement workers or contractor/supervisors.
Major fiber release episode--An uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of more than 3 square or linear feet of friable ACBM.
Minor fiber release episode--An uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of 3 square or linear feet or less of friable ACBM.
NESHAP--National Emission Standards for Hazardous Air Pollutants, 40 CFR 61 Subpart M (relating to national emission standards for asbestos).
OSHA--The Occupational Safety and Health Administrations of the United States Department of Labor.
Person--An individual, public or private corporation, nonprofit corporation, association, firm, partnership, joint venture, business trust, joint stock company, municipal corporation, the Commonwealth and any of its agencies or political subdivisions, the Federal Government or any of its agencies or any other entity, public or private, however organized.
Response action--A method, including removal, encapsulation, enclosure, repair and operation and maintenance, that protects human health and environment from friable ACBM.
SSSD--Small scale, short-duration activities--Includes the following:
(i) Removal of asbestos containing insulation on pipes.
(ii) Removal of small quantities of asbestos-containing insulation on beams or above ceilings.
(iii) Replacement of an asbestos-containing gasket on a valve.
(iv) Installation or removal of a small section of drywall.
(v) Installation of electrical conduits through or proximate to asbestos-containing materials.
(vi) Removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement.
(vii) Removal of asbestos-containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glove bag.
(viii) Minor repairs to damaged thermal system insulation which do not require removal.
(ix) Repairs to a piece of asbestos-containing wallboard.
(x) Repairs, involving encapsulation, enclosure or removal, to small amounts of friable ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. The work may not exceed amounts greater than those which can be contained in a single prefabricated mini-enclosure. The enclosure shall conform spatially and geometrically to the localized work area, in order to perform its intended containment function.
Secretary--The Secretary of Labor and Industry of the Commonwealth.
TRAINING COURSE ACCREDITATION PROCEDURES AND REQUIREMENTS § 401.11. Accreditation of initial and refresher courses.
(a) EPA-approved courses under AHERA are deemed accredited by the Department. Nothing in this section prohibits the Department from requiring a training provider to comply with its renewal requirements to have its accreditation renewed.
(b) A provider requesting accreditation of an initial or refresher asbestos occupations training course shall submit an application on a form provided by the Department along with the appropriate fee designated in §§ 401.81--401.87 (relating to fees). The application must be received by the Department at least 30 days before the first course session. The Department will not process an application that is submitted without the fee or that is incomplete. Information required on the Department's application form will include at least the following:
(1) The provider's name, address and telephone number.
(2) The address, the telephone number and a detailed description of each site where training, including demonstrations and hands-on practice exercises, will be conducted.
(3) The dates and length of each course session.
(4) Evidence that the provider has employed or contracted with at least two training course instructors who meet the requirements of § 401.18 (relating to training course instructor requirements). Information shall include the name and qualifications (education and experience) of each instructor, the subject the instructor will teach, and a list of other asbestos occupation training courses the instructor has conducted.
(5) A statement of the maximum instructor-to-student ratio.
(6) The course curriculum, along with a precise description of how the course meets the requirements of § 401.12 (relating to general requirements for accreditation of initial and refresher training courses), in the following areas:
(i) The length of training in days.
(ii) The amount and type of hands-on training.
(iii) The examinations (length, format and passing score).
(iv) The topics covered in the course.
(7) A description of the teaching method to be used to present each topic (lecture, demonstration, and the like), including the title, the name of the producer and the date of production of audiovisual materials.
(8) Copies of the course materials (student manuals, instructor notebooks, handouts, and the like).
(9) A list of the types and quantities of respirators to be used to demonstrate fit testing and positive/negative pressure checks.
(10) A detailed statement explaining the development of each examination given in the course. The Department may request copies of examinations.
(11) A copy of the student course evaluation form.
(12) A copy of the uniquely numbered training certificate to be issued to students who successfully complete the course.
(13) A list of other states that currently approve the training course.
(c) A provider requesting accreditation of a training course given outside of this Commonwealth shall, in addition to complying with subsection (b), submit copies of applicable state or Federal approvals, along with the name, address and telephone number of the person, department or agency giving the approval.
(d) The Department will grant conditional accreditation of a training course if it determines that these materials are complete and demonstrate that the course substantially meets the Department's requirements.
(e) The Department will grant final accreditation of a conditionally accredited training course and issue a certificate of accreditation when it has determined from a complete review of application materials that the course meets the Department's requirements, and when a Department representative has observed and satisfactorily evaluated the course in progress.
(f) The Department will inform the provider in writing of its reasons for denying conditional and final accreditation. The Department may schedule a reevaluation.
(g) Course accreditation shall be renewed annually. A provider requesting renewal of accreditation shall submit a renewal application on a form provided by the Department, along with the appropriate renewal fee designated in §§ 401.14 and 401.15 (relating to specific requirements for accreditation of refresher training courses; and final examination requirements). The application must be received by the Department at least 30 days before the first course session.
§ 401.12. General requirements for accreditation of initial and refresher training courses.
To qualify for accreditation, an initial or refresher asbestos occupations training course shall meet the following requirements:
(1) Each initial and refresher training course offered for accreditation shall be specific to a single asbestos occupation, and not combined with training for another asbestos occupation.
(2) The initial course shall be conducted by at least two instructors who meet the requirements of this § 401.18 (relating to training course instructor requirements).
(3) Courses shall be taught by instructors fluent in the language of the majority of trainees. Instruction course materials and the course examination shall be provided in the same language.
(4) Class size shall be limited to no more than 30 students in an initial training course and no more than 75 students in a refresher course unless the Department grants a waiver for good cause.
(5) The instructor-to-student ratio may not exceed 1 to 15 for hands-on practice exercises and demonstrations and 1 to 5 for respirator fit testing.
(6) Materials to be used for demonstrations and hands-on practice exercises shall include at least the following:
(i) High Efficiency Particulate Air (HEPA) vacuum filtration equipment.
(ii) Hand tools.
(iii) Elevated working surfaces.
(iv) Plastic sheeting.
(v) Barrier constructions.
(vi) Supplies.
(vii) Engineering control methods.
(viii) Water spray devices.
(ix) Decontamination facilities.
(x) Personal protective equipment.
(xi) Air sampling equipment.
(7) Course materials shall comply with relevant Federal, State and local requirements. The most current EPA-approved asbestos occupation training course publication in effect, and any subsequent amendments to that publication, shall be used.
(8) Procedures and materials for fit testing shall meet the requirements under the following OSHA and EPA asbestos regulations and any successor regulations:
(i) OSHA, Construction Standard, 29 CFR 1926.1101, Appendix C.
(ii) OSHA, General Industry Standard, 29 CFR 1910.1001, Appendix C.
(iii) EPA, Worker Protection Rule for Asbestos, 40 CFR 763, Subpart G (40 CFR 763.121, Appendix C).
(9) The course shall include the following topics:
(i) The characteristics and uses of asbestos and the potential health effects of exposure to asbestos.
(ii) Federal, State and local standards relating to asbestos abatement work practices and the interrelationships among these standards.
(iii) Methods to protect personal and public health from asbestos hazards.
(iv) Air monitoring.
(v) Safe and proper asbestos abatement techniques, including at least one exercise to test skill in these techniques.
(vi) Proper disposal of waste containing asbestos.
(10) Fulfillment of hands-on training requirements shall be based only on the actual time spent by a student in hands-on exercises.
§ 401.13. Specific requirements for accreditation of initial training courses.
(a) Asbestos management planner training course.
(1) The course shall conform with the EPA's Model Accreditation Plan in 40 CFR Part 763, Subpart E, Appendix C(I)(B)(4), Management Planners (1994), and with training requirements described by OSHA (29 CFR 1910.1001 and 1926.1101 (relating to asbestos)), or successor regulations, which are incorporated by reference.
(2) Instruction methods shall include at least lectures and demonstrations.
(b) Asbestos project designer training course.
(1) The course shall conform with the EPA's Model Accreditation Plan in 40 CFR Part 763, Subpart E, Appendix C(I)(B)(5), Abatement Project Designers (1994), and training requirements described by OSHA (29 CFR 1910.1001 and 29 CFR 1926.1101), or successor regulations which are incorporated by reference.
(2) Instruction methods shall include at least lectures, demonstrations and a demonstration test, and a field trip to an asbestos abatement project.
(c) Asbestos project monitor training course.
(1) The course shall conform with the EPA's Model Accreditation Plan in 40 CFR Part 763, Subpart E, Appendix C(I)(B)(6), Project Monitors (1994), and training requirements described by OSHA (29 CFR 1910.1001 and 1926.1101), or successor regulations, which are incorporated by reference.
(2) Instruction methods shall include at least lectures, demonstrations and 6 hours of hands-on training in asbestos abatement techniques and safety procedures.
(d) Asbestos inspector training course.
(1) The course shall conform with the EPA's Model Accreditation Plan in 40 CFR Part 763, Subpart E, Appendix C(I)(B)(3), Inspectors (1994), and training requirements described by OSHA (29 CFR 1910.1001 and 1926.1101), or successor regulations, which are incorporated by reference.
(2) Instruction methods shall include at least lectures, demonstrations, 4 hours hands-on training in asbestos abatement and safety techniques, and practical individual respirator fit test instruction.
(e) Asbestos contractor and asbestos supervisor training course.
(1) The course shall conform with the EPA's Model Accreditation Plan in 40 CFR Part 763, Subpart E, Appendix C(I)(B)(2), Asbestos Abatement Contractors and Supervisors (1994), and training requirements described by OSHA (29 CFR 1910.1001 and 1926.1101), or successor regulations which are incorporated by reference.
(2) Instruction methods shall include lectures, demonstrations, at least 14 hours hands-on training in asbestos abatement and safety techniques, and practical individual respirator fit test instruction.
(3) The asbestos contractor may designate an asbestos supervisor to serve as contractor's agent for the purposes of the certification requirement and pay the contractor certification fee listed in §§ 401.81--401.87 (relating to fees).
(f) Asbestos worker training course.
(1) The course shall conform with the EPA's Model Accreditation Plan in 40 CFR Part 763, Subpart E, Appendix C(I)(B)(1), Asbestos Abatement Workers (1994), and training requirements described by OSHA (29 CFR 1910.1001 and 1926.1101), or successor regulations, which are incorporated by reference.
(2) Instruction methods shall include lectures, demonstrations, at least 14 hours hands-on training in asbestos abatement safety techniques, and practical individual respirator fit test instruction.
(g) Asbestos worker (roofing/siding) training course.
(1) The asbestos worker (roofing/siding) course shall be a minimum of 8 hours, including a minimum of 4 hours in either a roofing or siding specialty module.
(2) The asbestos worker (roofing/siding) training course shall address the following topics:
(i) Basic training module for an asbestos worker (roofing/siding).
(A) Physical characteristics.
(I) Identification of asbestos.
(II) Aerodynamic characteristics.
(III) Typical uses and physical appearance.
(IV) Summary of asbestos roofing or siding removing hazard-control options.
(V) Recognition of damaged, deteriorating and delaminated ACM.
(B) Health effects related to asbestos exposure.
(I) Nature of asbestos-related disease.
(II) Routes of exposure, dose-response relationships and the lack of a safe exposure level.
(III) Cigarette smoking and asbestos exposure.
(IV) Latency period for disease.
(V) Need and importance of following safety instructions.
(C) Laws and regulations.
(I) Licensing and certification requirements.
(II) Relevant Federal, State and local regulatory requirements, procedures and standards.
(III) Smoking cessation information (29 CFR 1910.1001 and 1926.1101) and successor regulations.
(D) Personal protective equipment.
(I) Classes and characteristics of respirator types, limitations, proper selection, inspection, donning, use, maintenance and storage procedures.
(II) Fit-testing procedures.
(III) Components of a proper respiratory-protection program.
(IV) Selection and use of personal protective clothing; use, storage and handling of nondisposable clothing, hard hats, safety glasses, nonslip shoes.
(E) Air monitoring.
(I) Procedures to determine airborne concentrations of asbestos fibers in an outdoor environment.
(II) Discussion of how personal air sampling is performed and the reasons for it.
(F) Personal hygiene.
(I) Entry and exit procedures for the work area.
(II) Avoidance of eating, drinking, smoking and chewing (gum or tobacco) in the work area.
(III) Potential exposures, such as family exposure.
(G) Medical monitoring. OSHA requirements for a pulmonary function test, chest X-rays and a medical history for each employe.
(H) Additional safety hazards.
(I) Hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat and cold stresses, air contaminants other than asbestos, fire and explosion hazards, scaffold and ladder hazards, slips, trips and falls, hazardous chemical/right-to-know/hazard communication and material safety data sheets and confined spaces.
(II) Hazards associated with other roof products such as fiberglass.
(ii) Roofing module.
(A) Identification of roofing materials which may contain asbestos including typical uses and physical appearance of asbestos-roofing materials.
(B) Recommended work practices.
(I) Preparation of the work area; assessment of ACM and substrates; hazard identification and assessment; and other site requirements.
(II) Proper work techniques for minimizing fiber releases, wet methods, use of HEPA vacuums, procedures; proper procedures for removal of asbestos-cement products versus built-up-roof products; discussion of prohibited work practices; and proper methods of handling ACM.
(III) Work practices for removal--wetting, wet removal, hand tools, HEPA-vacuumed tools, use of sealants, and run off and spill protection techniques.
(IV) Ventilation system lockout, sealing of intake and exhaust vents, windows, doors, chimneys and all openings.
(V) Proper cleanup and disposal techniques, exterior enclosures and scaffolding, construction of leak-tight chutes, sealing or wetting of friable ACM edges, waste containment methods, site waste handling methods, and handling nonroofing/siding ACM encountered onsite.
(VI) Waste transport, disposal and storage as cited in the United States Department of Transportation's HM-181 and HM-126F HazMat training requirements or as subsequently amended, and disposal destinations for nonfriable ACM.
(VII) Positioning of warning signs, critical barriers and designation of regulated areas.
(VIII) Emergency procedures.
(IX) Recommended safe work practices for installation of asbestos-containing roofing materials.
(iii) Siding-specialty module.
(A) Identification and discussion of siding materials which may contain asbestos. Typical uses and physical appearance of asbestos roofing materials.
(B) Recommended work practices.
(I) Preparation of the work area; assessment of ACM and substrates; hazard identification and assessment; and other site requirements.
(II) Proper work techniques for minimizing fiber releases; wetting; procedures for removal of asbestos cement products.
(III) Work practices for removal, wetting, hand tools, HEPA-vacuumed tools and use of sealants.
(IV) Ventilation system lockout, sealing of intake and exhaust vents, windows, doors, chimneys and all openings.
(V) Positioning of warning signs and designation of regulated areas.
(VI) Waste transport, disposal and storage as cited in HM-181 and HM-126F HazMat training requirements or as subsequently amended, and disposal destinations for nonfriable ACM.
(VII) Recommended safe work practices for installation of asbestos-containing siding materials.
(3) Instruction methods shall include at least lectures, demonstrations, hands-on training in asbestos abatement and safety techniques, and practical individual respirator fit test instruction.
(h) Asbestos worker (resilient floor covering remover) training course.
(1) The asbestos worker (resilient floor covering remover) course shall be a minimum of 8 hours, including a minimum of 4 hours in a resilient floor covering removal module.
(2) The asbestos worker (resilient floor covering remover) training course shall address the following topics:
(i) Basic training module. Basic training module for an asbestos worker (resilient floor covering remover).
(A) Physical characteristics.
(I) Identification of asbestos.
(II) Aerodynamic characteristics.
(III) Typical uses and physical appearance.
(IV) Summary of asbestos-containing floor covering materials hazard-control options.
(B) Health effects related to asbestos exposure.
(I) Nature of asbestos-related disease.
(II) Routes of exposure, dose-response relationships and the lack of a safe exposure level.
(III) Cigarette smoking and asbestos exposure.
(IV) Latency period for disease.
(V) Need and importance of following all safety instructions, including such hazards as dermal injury.
(VI) Understanding permissible exposure limits.
(C) Laws and regulations.
(I) Licensing and certification requirements.
(II) Relevant Federal, State and local regulatory requirements, procedures and standards.
(D) Personal protection.
(I) Personal protective equipment and applicable use in removing asbestos-containing floor covering materials.
(II) Discussion of how personal air sampling is performed and the reasons for it.
(III) Personal hygiene practices during the removal of asbestos-containing floor covering materials.
(IV) Discussion of safety practices including discussions of hazards posed by wet working conditions, electrical hazards, slips, trips and falls.
(V) Emergency procedures.
(ii) Floor-covering specialty module.
(A) Floor-covering materials and adhesives which may contain asbestos.
(I) Floor-covering materials.
(II) Adhesives-asbestos-containing and nonasbestos-containing.
(III) Dates of production of asbestos-containing resilient floor coverings.
(IV) Alternatives to removal of existing floor and proper methods.
(V) Friable versus nonfriable asbestos-containing flooring materials.
(B) Recommended work practices.
(I) Use of recommended work practices.
(-a-) Procedures which should not be used in removing asbestos-containing floor covering.
(-b-) Importance of strict adherence to recommended work practices in order to comply with Federal and State regulations.
(II) Detailed instruction in:
(-a-) Removal of resilient floor tile.
(-b-) Removal of resilient sheet vinyl.
(-c-) Removal of residual adhesives.
(-d-) Removal of complete underlayment with resilient floor covering.
(-e-) Methods of controlling, containing and preventing the release of asbestos fibers.
(III) Proper cleanup, storage and disposal techniques.
(IV) Notification requirements.
(V) Demarcation requirements and communication with property owner and residence.
(3) Instruction methods shall include at least lectures, demonstrations and hands-on training in asbestos abatement and safety techniques.
(i) Asbestos worker (restricted asbestos handler) training course.
(1) A restricted asbestos handler shall have a minimum of 6 hours of training which shall include at least the following topics:
(i) Physical characteristics of asbestos.
(ii) Health hazards and effects of asbestos.
(iii) Respiratory protection.
(iv) Personal protective equipment.
(v) Decontamination system.
(vi) Scope of current and proposed Federal, State and local regulations.
(vii) Special safety hazards.
(viii) Personal hygiene.
(ix) State-of-the-art work practices for asbestos abatement.
(x) Medical surveillance.
(xi) Understanding the importance of air monitoring.
(xii) Entry and personal decontamination during abatement activities.
(xiii) Recognition of damaged, deteriorating and delaminated ACM.
(xiv) Proper methods of handling ACM.
(xv) Proper cleanup techniques.
(xvi) Disposal practices, including proper storage and transport of small quantities of ACM.
(xvii) Maintenance programs.
(xviii) Smoking cessation information (29 CFR 1910.1001 and 1926.1101) and any successor regulations.
(2) Instruction methods shall include at least lectures, demonstrations, hands-on training in asbestos abatement and safety techniques, and practical individual respirator fit test instruction.
(3) An industry-specific course exceeding the minimal Departmental requirements shall be considered as meeting the training requirements for a restricted asbestos handler as specified in this chapter, if approved by the Department.
(j) Asbestos air sampling technician training course.
(i) An asbestos air sampling technician shall have completed a minimum of 6 hours training which shall include at least the following topics:
(A) Physical characteristics of asbestos.
(B) Health hazards and effects of asbestos.
(C) Calibration of air sampling equipment.
(D) Regulations currently in effect under existing Federal, State and local jurisdictions.
(E) Recordkeeping and documentation.
(F) Air sampling, which shall include at least:
(I) Purposes of air sampling.
(II) Equipment/media utilized.
(III) Sampling techniques, calculations and methods.
(IV) Sample packing/handling relating to proper shipping to maintain chain-of-custody.
(V) Personal protective equipment.
(VI) Containment entry and decontamination procedures.
(VII) Medical surveillance.
(VIII) Personal hygiene.
(IX) Additional safety practices other than asbestos.
(X) State-of-the-art work practices for asbestos abatement.
(XI) Smoking cessation information (29 CFR 1910.1001 and 29 CFR 1926.1101) and any successor regulations.
(XII) Other topics as may be required by the Department.
(ii) Instruction methods shall include at least lectures, demonstrations, hands-on training in air sampling and safety techniques, and practical individual respirator fit test instruction.
(k) Asbestos worker (asbestos operations and maintenance individual) training course.
(1) The course shall include the EPA's Asbestos Containing Materials in Schools, in 40 CFR 763.92(a)(2) Training and Periodic Surveillance (1987), and training requirements described by OSHA (29 CFR 1910.1001 and 1926.1101), or successor regulations, which are incorporated by reference.
(2) The asbestos worker (operations and maintenance individual) training topics shall include at least:
(i) Physical characteristics of asbestos.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
