[26 Pa.B. 4992]
[Continued from previous Web Page] (ii) Health hazards and effects of asbestos.
(iii) Respiratory protection.
(iv) Personal protective equipment.
(v) Decontamination system.
(vi) Scope of all 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) Entry and personal decontamination during abatement activities.
(xii) Additional safety practices other than asbestos.
(xiii) Understanding the importance of air monitoring.
(xiv) Recognition of damaged, deteriorating and delaminated ACM.
(xv) Preparation of a work area.
(xvi) Proper methods of handling ACM.
(xvii) Enclosures to prevent fiber releases.
(xviii) Proper use of encapsulants.
(xix) Proper cleanup techniques.
(xx) Disposal practices, including proper storage and transport of small quantities of ACM.
(xxi) Maintenance programs.
(3) Instruction methods shall include at least lectures, demonstrations, hands-on training in asbestos abatement and safety techniques, and a demonstration test.
(4) An industry-specific course exceeding the minimal Departmental requirements shall be considered as meeting the training requirements for an asbestos operations and maintenance individual as specified in this chapter, if approved by the Department.
§ 401.14. Specific requirements for accreditation of refresher training courses.
(a) The course shall conform to the minimum time requirements in paragraphs (1) and (2).
(1) Eight hours for refresher training in the following occupations:
(i) Asbestos management planner (4 hours each in asbestos inspector training and asbestos management planner training).
(ii) Asbestos project designer.
(iii) Asbestos project monitor.
(iv) Asbestos contractor.
(v) Asbestos supervisor.
(vi) Asbestos worker.
(2) Four hours for refresher training in asbestos inspector, asbestos air sampling technician, asbestos worker (roofing/siding), asbestos worker (resilient floor covering remover), asbestos worker (restricted asbestos handler), and asbestos worker (operations and maintenance individual) occupations.
(b) The course shall include review and discussion of changes in Federal, State and local regulations, and developments in state-of-the-art procedures in asbestos abatement and safety techniques.
(c) In addition to meeting the requirements in subsection (b), the course shall be specific to the applicable occupation and shall include at least the following elements:
(1) Asbestos management planner refresher course.
(i) Evaluation/interpretation of survey results.
(ii) Hazard assessment.
(iii) Evaluation and selection of control options.
(iv) Developing an operations and maintenance plan.
(2) Asbestos project designer.
(i) Potential health effects related to asbestos exposure.
(ii) Medical surveillance.
(iii) Personal protective equipment.
(iv) Safety system design specifications.
(v) Writing abatement specifications.
(vi) Budgeting/cost estimation.
(3) Asbestos project monitor.
(i) Potential health effects related to asbestos exposure.
(ii) Medical surveillance.
(iii) Personal protective equipment.
(iv) Recommended safe work practices.
(v) Air monitoring procedures.
(vi) Clearance procedures.
(vii) Safety hazards.
(viii) Case examples of problems and solutions.
(4) Asbestos inspector.
(i) Inspecting for friable and nonfriable ACM and assessing the condition of friable ACM (including AHERA damage classification).
(ii) Bulk sampling/documentation of asbestos in schools.
(iii) Reinspection/reassessment techniques.
(5) Asbestos contractor/supervisor.
(i) Potential health effects related to asbestos exposure.
(ii) Recommended safe work practices.
(iii) Respiratory protection programs and medical surveillance and monitoring programs.
(6) Asbestos worker.
(i) Potential health effects of asbestos exposure.
(ii) Medical surveillance.
(iii) Personal protective equipment.
(iv) Personal hygiene.
(v) Recommended safe work practices.
(7) Asbestos worker (roofing/siding).
(i) Potential health effects related to asbestos exposure.
(ii) Medical surveillance.
(iii) Personal protective equipment.
(iv) Personal hygiene.
(v) Recommended safe work practices.
(8) Asbestos worker (resilient floor covering remover).
(i) Potential health effects related to asbestos exposure.
(ii) Medical surveillance.
(iii) Personal protective equipment.
(iv) Personal hygiene.
(v) Recommended safe work practices.
(9) Asbestos worker (restricted asbestos handler).
(i) Potential health effects related to asbestos exposure.
(ii) Medical surveillance.
(iii) Personal protective equipment.
(iv) Personal hygiene.
(v) Recommended safe work practices.
(vi) Review of recognition of damaged ACM and proper methods of handling ACM.
(10) Air sampling technician.
(i) Potential health effects related to asbestos exposure.
(ii) Medical surveillance.
(iii) Personal protective equipment.
(iv) Personal hygiene.
(v) Air sampling
(vi) Recordkeeping.
(vii) Recommended safe work practices.
(11) Asbestos worker (asbestos operations and maintenance individual).
(i) Potential health effects related to asbestos exposure.
(ii) Medical surveillance.
(iii) Personal protective equipment.
(iv) Personal hygiene.
(v) Recommended safe work practices.
(vi) Review of recognition of damaged ACM and proper methods of handling ACM.
§ 401.15. Final examination requirements.
(a) Closed book examinations will be required for both initial and refresher training courses.
(b) A monitored final written examination is required for all courses unless provided for in this chapter. For students who are unable to take a written examination, the Department may accept an equivalent oral examination.
(c) Training course instructors, who provide oral examinations for students who are unable to take a written examination, shall issue an answer sheet to be marked by the attendee. The student shall sign the answer sheet and it shall become a part of the training course provider's recordkeeping as described within this chapter.
(d) Examinations will be administered by either the Department or the Department's designee.
(e) Final examination and appropriate practice exercises shall be specific to the occupation.
(f) The examination format shall be appropriate for the course and shall include topics from all aspects of training.
(g) The minimum number of multiple choice questions for all initial asbestos occupation course examinations shall be as follows:
(1) 50--Asbestos management planner.
(2) 100--Asbestos project designer.
(3) 100--Asbestos project monitor.
(4) 50--Asbestos inspector.
(5) 100--Asbestos contractor.
(6) 100--Asbestos supervisor.
(7) 50--Asbestos worker.
(8) 50--Asbestos worker (roofing/siding).
(9) 50--Asbestos worker (resilient floor covering remover).
(10) 25--Asbestos worker (restricted asbestos handler).
(11) 50--Asbestos air sampling technician.
(12) 25--Asbestos worker (asbestos operations and maintenance individual).
(h) The minimum number of multiple choice questions for refresher asbestos occupation course examinations is 25 questions.
(i) Students shall achieve a minimum examination grade of 70% correct to pass.
(j) Students who fail the exam are allowed to retake the exam twice. After a total of three successive failures, the student shall retake the full course before being allowed to retest.
(k) Each student's examination shall be retained for 3 years.
(l) Students who complete the course and pass the examination will receive a training certificate indicating successful completion of the course.
(m) The Department retains the right to develop a Statewide examination program.
§ 401.16. Changes to accredited training courses.
(a) A provider may change an accredited training course only with the approval of the Department. The provider shall submit to the Department written notice of the contemplated change at least 10 days before its proposed implementation date. The Department may waive the 10-day requirement for good cause shown.
(b) Changes may include the following:
(1) The topics covered.
(2) The course materials.
(3) The training course providers.
(4) The teaching methods.
(5) The dates and location of scheduled courses.
(6) The language in which the course is given.
(c) The Department may grant conditional approval of a change pending its detailed evaluation of the change.
§ 401.17. Training course provider requirements.
(a) The provider shall notify the Department in writing of the scheduled commencement of a course 10 days before the first session.
(b) The provider shall cooperate with the Department in matters relating to the conduct of the course and shall permit representatives of the Department to attend course sessions. The provider shall make available to the Department, upon request and at no cost, course materials, examinations and records.
(c) The provider is responsible for compliance with the course and instructor requirements in this section.
§ 401.18. Training course instructor requirements.
(a) Training instructors approved by the Department or the EPA prior to ____ (Editor's Note: The blank refers to the effective date of adoption of this proposal) shall be deemed to be approved under this chapter.
(b) For other instructors, the training course provider shall submit a resume to the Department for contingent approval. Final approval of the training course and instructors shall be at the discretion of the Department after the course and the instructor have been audited by the Department.
§ 401.19. Issuance of training certificate.
(a) The provider shall issue a training certificate to each student who successfully completes the training course. Successful completion requires that the student attend every course session and pass the final examination.
(b) The training certificate shall include at least:
(1) The name of the accredited person.
(2) A unique certificate number.
(3) The name of the course completed.
(4) The dates of the course.
(5) The examination date.
(6) The training course provider's name, address and phone number.
(7) The signature of the training course director or a designee.
(8) The expiration date of certificate.
(9) A statement that the person receiving the certificate has received the requisite training for asbestos accreditation under TSCA Title II (40 CFR Part 763).
(10) Other information as may be required by the Department.
(c) The provider shall submit the following information to the Department, for each student who has met the qualifications for a training certificate, within 30 days of the conclusion of the course:
(1) The student's name.
(2) The student's address.
(3) The student's telephone number, if available.
(4) The student's unique identification number.
(5) The name of course completed.
(6) The date of the course.
§ 401.20. Recordkeeping requirements.
(a) Training course materials. A training provider shall retain copies of all instructional materials used in the delivery of the classroom training such as student manuals, instructor notebooks and handouts.
(b) Instructor qualifications. A training provider shall retain copies of all instructors' resumes and related documentation. Records shall accurately identify the instructors that taught each particular course for each date that a course is offered.
(c) Examinations. Training providers shall document that each person who receives a certificate of training for an initial training course has achieved a passing score on the examination. These records shall clearly indicate the date upon which the exam was administered, the training course and discipline for which the exam was given, the name of the person who proctored the exam, a copy of the exam, and the name and test score of each person taking the exam. The topic and dates of the training course shall correspond to those listed on that person's certificate of training.
(d) Certificates of training. Training providers shall maintain records that document the names of the persons who have been awarded certificates, their certificate numbers, the disciplines for which certificates were conferred, training and expiration dates and the training location. Training providers shall maintain the records in a manner that allows verification by telephone of the required information.
(e) Verification of certificate information. Training providers of refresher training courses shall confirm that their students possess valid initial training certificate before granting course admission. Training providers offering the initial management planner training course shall verify that students have met the prerequisite of possessing valid inspector training certificates at the time of course admission.
(f) Records retention and access. Training providers shall maintain required records for a minimum of 3 years. Training providers shall allow reasonable access to the records required by the EPA Model Accreditation Plan (MAP), and to other records which may be required by the Department for the approval of asbestos training providers or the accreditation of asbestos training courses, to both the EPA and to the Department, on request. When a training provider ceases to conduct training, the training provider shall notify the Department, and give the Department the opportunity to take possession of its asbestos training records.
§ 401.21. Prior accreditation.
Training courses accredited by the Department as of ____ (Editor's Note: The blank refers to proposed effective date of adoption of this proposal) shall be deemed to be accredited under this chapter for the remainder of the existing accreditation period, after which the training courses shall be required to undergo renewal of accreditation under § 401.11(b) (relating to accreditation of initial and refresher courses).
CERTIFICATION PROCEDURES AND REQUIREMENTS § 401.41. Prior certification.
An individual certified by the Department in an asbestos occupation as of ____ (Editor's Note: The blank refers to the effective date of adoption of this proposal) is deemed to be certified under this chapter for the remainder of the existing certification period, after which the individual shall renew certification under § 401.43 (relating to renewal of certification).
§ 401.42. Initial certification.
(a) An applicant for initial certification in an asbestos occupation shall submit a completed application on a form provided by the Department, with the appropriate fee designated in § 401.82 (relating to training course accreditation fees) and a copy of the training certificate issued under § 401.19 (relating to issuance of training certificate) or documentation of on-the-job training in accordance with § 401.46 (relating to on-the-job training option). The Department will not process an application that is incomplete or submitted without the proper registration fee.
(b) Pending certification by the Department, an applicant may engage in the asbestos occupation for which certification is being sought for 60 days from the date the application is mailed if that the applicant has available at the work site a copy of the completed application, proof of payment and documentation of training.
(c) Certification for asbestos occupations shall be valid for 1 year from the date of training except for the following occupations for which certification is valid for 3 years:
(1) Asbestos Worker (Restricted asbestos handler).
(2) Asbestos Worker (Operations and maintenance individual).
(3) Asbestos Worker (Roofing/Siding).
(4) Asbestos Worker (Resilient floor covering remover).
§ 401.43. Renewal of certification.
(a) An individual shall renew certification by submitting a renewal application, the renewal fee designated in §§ 401.81--401.87 (relating to fees) and a copy of the refresher training certificate issued under §§ 401.18 and 401.19 (relating to training course instructor requirements; and issuance of training certificate) or documentation of on-the-job refresher training in accordance with the requirements in § 401.46 (relating to on-the-job training option). The Department will not process an application that is incomplete or submitted with the proper registration fee.
(b) Pending renewal of certification by the Department, an individual may engage in the asbestos occupation for which certification was initially issued for 60 days from the date the application is mailed if the individual has available at the work site the original of the most recent expired certification and a copy of his initial and current training certificates with a copy of the renewal application and proof of payment of the application fee.
§ 401.44. Multiple asbestos occupations.
Individuals certified in the following occupations may perform the duties of other specified asbestos occupations without obtaining additional certification:
(1) An asbestos management planner may also perform the duties of an asbestos inspector.
(2) A certified asbestos project designer may also perform the duties of an asbestos project monitor and an asbestos air sampling technician.
(3) A certified asbestos project monitor may also perform the duties of an asbestos air sampling technician.
(4) A certified asbestos contractor may also perform the duties of an asbestos supervisor, asbestos worker, asbestos worker (restricted asbestos handler) and asbestos worker (asbestos operations and maintenance individual).
(5) A certified asbestos supervisor may also perform the duties of asbestos worker, asbestos worker (restricted asbestos handler) and asbestos worker (asbestos operations and maintenance individual).
(6) A certified asbestos worker may also perform the duties of asbestos worker (restricted asbestos handler) and asbestos worker (asbestos operations and maintenance individual).
(7) A certified asbestos worker (asbestos operations and maintenance individual) may also perform the duties of an asbestos worker (restricted asbestos handler).
§ 401.45. Certification requirements and scope of duties.
(a) Asbestos management planner.
(1) An applicant for certification as an asbestos management planner shall possess a high school diploma or a general equivalency diploma (GED), successfully complete accredited asbestos inspector training and asbestos management planner training courses, and possess one of the following experience requirements:
(i) Six months' asbestos inspection experience and 6 months' asbestos abatement experience which may include asbestos management planning.
(ii) Six months' experience under the supervision of a certified asbestos management planner in a manner prescribed by the Department.
(2) A certified asbestos management planner may develop and recommend asbestos abatement response actions and operations and maintenance plans.
(b) Asbestos project designer.
(1) An applicant for certification as an asbestos project designer shall meet the following requirements:
(i) Possession of a bachelor's degree in engineering, architecture, industrial hygiene, or environmental science or a related field.
(ii) Successful completion of an accredited asbestos project designer training course.
(iii) Two years' experience in asbestos abatement activities and 6 months' experience in performing air monitoring and sampling.
(iv) As an alternative to subparagraphs (i)--(iii), an equivalent combination of training and experience as approved by the Department and pass an equivalency examination developed by the Department.
(2) A certified asbestos project designer may design and develop asbestos abatement projects, prepare asbestos abatement specifications, prepare bidding documents and review submittals, and prepare and interpret asbestos abatement drawings.
(c) Asbestos project monitor.
(1) An applicant for certification as an asbestos project monitor shall complete 2 years' college credit or possess an Associate or technical degree, successfully complete an accredited asbestos project monitor training course and possess one of the following experience requirements:
(i) Six months' field experience performing asbestos abatement activity.
(ii) Experience in performing air monitoring and sampling. The applicant shall submit a list of equipment used.
(2) As an alternative to paragraph (1), an equivalent combination of training and experience as determined by the Department and passing an equivalency examination developed by the Department will meet the requirements for certification as an asbestos project monitor.
(3) A certified asbestos project monitor may collect air samples, monitor employes' exposure to asbestos, conduct area monitoring, perform final clearance of completed abatement projects, observe asbestos abatement projects for compliance with generally accepted standards of the industry and applicable laws and regulations.
(d) Asbestos inspector.
(1) An applicant for certification as an asbestos inspector shall possess a high school diploma or general equivalency diploma (GED) and successfully complete an accredited asbestos inspector training course.
(2) A certified asbestos inspector may review facility records, perform visual inspections or surveillance of facilities to identify, document or inventory materials suspected of containing asbestos, collect bulk samples for asbestos analysis, prepare inspection reports and related documentation and conduct asbestos assessments.
(e) Asbestos contractor.
(1) An applicant for certification as an asbestos contractor shall successfully complete an accredited asbestos contractor/supervisor training course.
(2) A certified asbestos contractor may engage in asbestos abatement as a business and employ persons to perform asbestos abatement work.
(3) A certified asbestos contractor shall designate one of the contractor's employes who is involved in asbestos abatement projects to be responsible for complying with the contractor certification requirements. If the designated employe leaves the employment of the contractor or ceases to be involved in asbestos abatement projects, the contractor shall reapply for certification by designating another employe to comply with the contractor certification requirements and pay the appropriate fee designated in §§ 401.82 and 401.83 (relating to training course accreditation fees; and refresher training course accreditation fees).
(f) Asbestos supervisor.
(1) An applicant for certification as an asbestos supervisor shall meet the following requirements:
(i) Successful completion of an accredited asbestos contractor/supervisor training course.
(ii) One year's experience in asbestos abatement activity.
(iii) Current certification in cardiopulmonary resuscitation (CPR) by an agency approved by the Department.
(iv) Current certification by the American Red Cross First Aid ''Responding to Emergencies'' training course. A first aid training course that is equivalent to this training course may be accepted by the Department.
(2) A certified asbestos supervisor may supervise asbestos workers engaged in asbestos abatement projects.
(g) Asbestos worker.
(1) An applicant for certification as an asbestos worker shall successfully complete an accredited asbestos worker training course.
(2) A certified asbestos worker may repair, remove, encapsulate, enclose or load-out ACM.
(h) Asbestos worker (roofing/siding).
(1) An applicant for certification as an asbestos worker (roofing/siding) shall successfully complete an asbestos worker (roofing/siding) training course.
(2) A certified asbestos worker (roofing/siding) may engage in roofing and siding activities which result in the installation, removal or disturbance of a nonfriable asbestos-containing material, if the worker's main business is not asbestos abatement. The worker may repair, remove, encapsulate, enclose or load-out nonfriable asbestos-containing roofing or siding material.
(i) Asbestos worker (resilient floor covering remover).
(1) An applicant for certification as an asbestos worker (resilient floor covering remover) shall successfully complete an accredited asbestos worker (resilient floor covering remover) training course.
(2) A certified asbestos worker (resilient floor covering remover) may engage in flooring activities which result in the installation, removal or disturbance of a nonfriable asbestos-containing material, if the worker's main business is not asbestos abatement. The worker may repair, remove, encapsulate, enclose or load-out nonfriable asbestos-containing floor material.
(j) Asbestos worker (restricted asbestos handler).
(1) An applicant for certification as an asbestos worker (restricted asbestos handler) shall have successfully completed an accredited restricted asbestos handler training course or on-the-job training by a competent person in accordance with in § 401.46 (relating to on-the-job training option).
(2) A certified restricted asbestos handler may enter a contained work area for a limited period of time to perform certain specialized tasks in preparation for or ancillary to the actual abatement for which asbestos worker certification is required.
(k) Asbestos air sampling technician.
(1) An applicant for certification as an asbestos air sampling technician shall possess a high school diploma or a general equivalency diploma (GED) and successfully complete an accredited asbestos air sampling technician training course or on-the-job training in accordance with § 401.46.
(2) A certified asbestos air sampling technician may prepare and calibrate air sampling equipment, conduct air sampling, perform recordkeeping procedures and maintain chain-of-custody procedures in the transport of environmental samples.
(l) Asbestos worker (asbestos operations and maintenance individual).
(1) An applicant for certification as an asbestos worker (asbestos operations and maintenance individual) shall successfully complete an accredited asbestos operations and maintenance individual training course.
(2) A certified asbestos worker (operations and maintenance individual) may conduct asbestos abatement activities within a facility which may disturb or involve not more than 3 linear or 3 square feet of asbestos-containing material within a distinct or specific work area.
§ 401.46. On-the-job training option.
(a) For certification of asbestos workers (restricted asbestos handlers) and air sampling technicians, the Department may approve on-the-job training conducted by a competent person as meeting the initial training requirements in § 401.45(j)--(l) (relating to certification requirements and scope of duties) and the refresher training required for renewal of certification in § 401.43(b) (relating to renewal of certification).
(b) ''Competent person'' is defined as follows:
(1) For an asbestos air sampling technician, either a certified asbestos project designer or a certified asbestos project monitor.
(2) For an asbestos worker (restricted asbestos handler), a certified asbestos management planner, asbestos project designer, asbestos project monitor, asbestos contractor or asbestos supervisor.
§ 401.47. Proof of certification.
(a) A person engaged in an asbestos occupation shall have the original training certificate, current refresher course training certificate and valid Commonwealth issued photo certification card. This documentation shall be available for inspection by the Department.
(b) A person whose photo certification card and training documentation is lost or destroyed shall notify the Department in writing within 2 days and shall maintain a copy of the written notification at the work site until the Department issues a new photo certification card.
DENIAL, SUSPENSION OR REVOCATION OF CERTIFICATION OR ACCREDITATION § 401.61. Grounds.
(a) The Department may deny a person's application for certification or accreditation, and may suspend or revoke a certification or accreditation issued to a person under the act and this chapter or may reprimand the person for one or more of the following reasons:
(1) Failing to meet the qualification requirements of the act or this chapter.
(2) Fraudulently or deceptively obtaining or attempting to obtain certification or accreditation.
(3) Failing to pay an application or renewal fee.
(4) Failing to meet applicable Federal requirements including those outlined in the EPA Model Accreditation Plan in 40 CFR Part 763, Subpart E, Appendix C(I)(G) and Subpart E, Appendix C(III)(C) and State and local standards relating to asbestos abatement.
(5) Failing to notify the Department of abatement projects as required under section 8 of the act (63 P. S. § 2108) and §§ 401.121 and 401.122 (relating to original notification; and changes to original notification).
(6) Failing or refusing to submit to the Department documentation or information required by the act or this chapter.
(7) Failing to comply with a provision of this chapter.
(8) Performing work requiring certification at a job site without being in physical possession of initial and current certificates.
(9) Permitting the use or duplication of one's training certificate or photo identification card by another to fraudulently or deceptively obtain certification.
(10) Misrepresentation of the extent of a training course's approval by a state or the EPA.
(11) Failure to maintain requisite records.
(12) Falsification of accreditation records, instructor qualifications or other accreditation information.
(13) Failure to adhere to the training standards and requirements of the EPA Model Accreditation Plan and State Accreditation Program.
(b) The Department may also deny, suspend or revoke any accreditation or certification issued under the act or this chapter for any other reason affecting the responsibility of the applicant, training provider or person possessing the certification or accreditation.
§ 401.62. Notice and hearing.
(a) Actions of the Department related to suspension or revocation will be taken subject to the right of notice hearing and adjudication in accordance with 2 Pa.C.S. (relating to administrative law and procedure). Hearings will be conducted under 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
(b) Within 30 days of the date of notice of denial of an application for certification or accreditation, the applicant may request in writing that the Department provide a hearing to reconsider the propriety of the denial. Requests for hearings shall be sent to the Director of the Bureau of Occupational and Industrial Safety.
(c) After hearing, the Department by written order may affirm, reverse or modify the denial.
§ 401.63. Civil actions and criminal proceedings.
Denial, suspension or revocation of certification or accreditation does not affect or mitigate a civil action or criminal proceeding permitted by the act or this chapter or by any other law or regulation.
FEES § 401.81. General information.
Sections 401.82--401.87 set out the Department's certification and accreditation fees. Fees shall be remitted by check or money order made payable to the ''Commonwealth of Pennsylvania.'' Fees are not refundable.
§ 401.82. Training course accreditation fees.
Providers of training courses shall remit the following initial accreditation and annual renewal fees:
(1) Initial asbestos management planner course fee:
(i) Application for initial training course $1,000 (ii) Annual renewal of accreditation for the initial training course $ 500 (2) Initial asbestos project designer course fee:
(i) Application for initial training course $1,000 (ii) Annual renewal of accreditation for the initial training course $ 500 (3) Initial asbestos project monitor course fee:
(i) Application for initial training course $1,000 (ii) Annual renewal of accreditation for the initial training course $ 500 (4) Initial asbestos inspector course fee:
(i) Application for initial training course $1,000 (ii) Annual renewal of accreditation for the initial training course $ 500 (5) Initial asbestos contractor/supervisor course fee:
(i) Application for initial training course $1,000 (ii) Annual renewal of accreditation for the initial training course $ 500 (6) Initial asbestos worker course fee:
(i) Application for initial training course $1,000 (ii) Annual renewal of accreditation for the initial training course $ 500 (7) Initial asbestos worker (roofing/siding) course fee:
(i) Application for initial training course $ 500 (ii) Annual renewal of accreditation for the initial training course $ 250 (8) Initial asbestos worker (resilient floor covering remover) course fee:
(i) Application for initial training course $ 500 (ii) Annual renewal of accreditation for the initial training course $ 250 (9) Initial asbestos worker (restricted asbestos handler) course fee:
(i) Application for initial training course $ 500 (ii) Annual renewal of accreditation for the initial training course $ 250 (10) Initial asbestos worker (asbestos operations and maintenance individual) course fee:
(i) Application for initial training course $ 500 (ii) Annual renewal of accreditation for the initial training course $ 250 § 401.83. Refresher training course accreditation fees.
Providers of refresher training courses shall remit the following initial accreditation and annual renewal fees:
(1) Refresher asbestos management planner course fee:
(i) Accreditation of the refresher asbestos management planner course $ 500 (ii) Annual renewal of accreditation for the refresher asbestos management planner course $ 250 (2) Refresher asbestos project designer course fee:
(i) Accreditation of the refresher asbestos project designer course $ 500 (ii) Annual renewal of accreditation for the refresher asbestos project designer course $ 250 (3) Refresher asbestos project monitor course fee:
(i) Accreditation of the refresher asbestos project monitor course $ 500 (ii) Annual renewal of accreditation for the refresher project monitor course $ 250 (4) Refresher asbestos inspector course fee:
(i) Accreditation of the refresher asbestos inspector course $ 500 (ii) Annual renewal of accreditation for the refresher asbestos inspector course $ 250 (5) Refresher asbestos contractor/supervisor course fee:
(i) Accreditation of the refresher asbestos contractor/supervisor course $ 500 (ii) Annual renewal of accreditation for the refresher asbestos contractor/supervisor course $ 250 (6) Refresher asbestos worker course fee:
(i) Accreditation of the refresher asbestos worker course $ 500 (ii) Annual renewal of accreditation for the refresher asbestos worker course $ 250 (7) Refresher asbestos worker (roofing/siding) course fee:
(i) Accreditation of the refresher asbestos worker (roofing/siding) course $ 250 (ii) Annual renewal of accreditation for the refresher worker (roofing/siding) course $ 250 (8) Refresher asbestos worker (resilient floor covering remover) course fee:
(i) Accreditation of the refresher asbestos worker (resilient floor covering remover) course $ 250 (ii) Annual renewal of accreditation for the refresher worker (resilient floor covering remover) course $ 250 (9) Refresher asbestos worker (restricted asbestos handler) course fee:
(i) Accreditation of the refresher asbestos worker (restricted asbestos handler) course $ 250 (ii) Annual renewal of accreditation for the refresher worker (restricted asbestos handler) course $ 250 (10) Refresher asbestos worker (asbestos operations and maintenance individual) course fee:
(i) Accreditation of the refresher asbestos worker (asbestos operations and maintenance individual) course $ 250 (ii) Annual renewal of accreditation for the refresher worker (asbestos operations and maintenance individual) course $ 250 § 401.84. Fee limitation.
Within any calendar year, cumulative course accreditation fees will not exceed $5,000 for an individual training provider.
§ 401.85. Initial certification fees.
Applicants for initial certification in asbestos occupations shall remit the following fees:
(1) Asbestos management planner $ 300 (2) Asbestos project designer $ 300 (3) Asbestos project monitor $ 300 (4) Asbestos inspector $ 300 (5) Asbestos contractor $ 500 (6) Asbestos supervisor $ 100 (7) Asbestos worker $ 50 (8) Asbestos air sampling technician $ 50 (9) Asbestos worker (roofing/siding) $ 100 (10) Asbestos worker (resilient floor covering remov- er) $ 100 (11) Asbestos worker (restricted asbestos hand- ler) $ 100 (12) Asbestos worker (asbestos operations and maintenance individual) $ 100 § 401.86. Certification renewal fees.
(a) Individuals whose certification expires annually shall remit the following renewal fees:
(1) Asbestos management planner $ 300 (2) Asbestos project designer $ 300 (3) Asbestos project monitor $ 300 (4) Asbestos inspector $ 300 (5) Asbestos contractor $ 500 (6) Asbestos supervisor $ 100 (7) Asbestos worker $ 50 (8) Asbestos air sampling technician $ 50 (b) Individuals whose certification expires every 3 years shall remit the following renewal fees:
(1) Asbestos worker (roofing/siding) $ 100 (2) Asbestos worker (resilient floor covering remov- er) $ 100 (3) Asbestos worker (restricted asbestos hand- ler) $ 100 (4) Asbestos worker (asbestos operations and maintenance individual) $ 100 § 401.87. Additional fees.
The Department may establish certification and accreditation fees for additional occupational and course categories.
ENFORCEMENT PROCEDURES AND PENALTIES § 401.101. Inspections.
An enforcement officer representing the Department has the power to enter any building, structure or facility to determine compliance with the act and this chapter.
§ 401.102. Interference with inspections.
A person may not hinder or delay an enforcement officer of the Department in the performance of his duty, nor refuse or fail to provide information requested to determine compliance with the act and this chapter.
§ 401.103. Civil penalties.
(a) The Department, after a hearing, may levy a civil penalty of not more than $1,000 a day for an initial violation and a civil penalty of not more than $5,000 a day for each subsequent violation committed within a 3- year period arising from willful violation of the act.
(b) The Department may, after hearing, find a person who either interferes with the investigation or refuses to provide requested information to an enforcement officer of the Department guilty of a violation of the act and may assess a civil penalty of not more than $1,000.
(c) Willful violations of the act, including the following, may result in the imposition of civil penalties.
(1) Certification violations.
(i) Submitting false information on the application for certification.
(ii) Working in an occupation without a current valid certification.
(iii) Tampering with, altering or defacing a training certificate or Commonwealth issued photo certification card.
(iv) Using fraudulent means to pass an examination.
(2) Accreditation violations.
(i) Submitting false information on the application for course accreditation.
(ii) Performing as a training provider without receiving Department accreditation.
(iii) Failure to perform asbestos training.
(iv) Failure to allow a representative of the Department to audit any phase of the course whenever requested.
(v) Failure to supply the Department with information relating to, but not limited to, completion of records of attending students as set forth in this chapter.
(vi) Failure to properly administer required examinations if the providor is the Department's designee under § 401.15(d) (relating to final examination requirements).
(3) Notification violations.
(i) Failure to notify the Department regarding asbestos abatement projects as required under this chapter.
(ii) Submitting false information on the notification form.
(d) In assessing an administrative penalty under the act, the Department will consider the following factors when applicable in determining what constitutes an appropriate penalty for the particular violations:
(1) The degree of hazard posed to human health and the environment.
(2) The degree of harm posed to the proper administration of the certification and accreditation program.
(3) The category of culpability evidenced by the violator's action.
(i) In determining culpability, violation in ignorance of any legal requirement of the act or this chapter shall constitute a negligent action unless a legal requirement is one of which the violator has constructive notice, in which case the violator's action shall be classified as reckless.
(ii) Violation despite actual notice of the legal requirement of the act or this chapter shall constitute a finding of willful action.
(4) Past history on the part of the violator.
(5) The economic benefit which the violator accrues as a result of the violation.
(6) Cooperation of the violator in correcting the violation.
NOTIFICATION REQUIREMENTS § 401.121. Original notification.
The Department and the Department of Environmental Protection have agreed to a single point of notification for all asbestos abatement projects.
(1) An asbestos contractor or operator shall notify the Department of Environmental Protection at Post Office Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105-8468, on forms prescribed by the Department of Environmental Protection, before engaging in any asbestos abatement project.
(2) If notification is provided by the asbestos contractor or operator, a copy of the notification shall be simultaneously submitted to the building owner by the contractor or operator.
(3) The contractor or operator shall postmark or hand deliver two copies of the notification to the Department of Environmental Protection at least 10 business days before the project start date.
(4) In the case of an emergency project, verbal notification shall be given immediately to the Department of Environmental Protection at (717) 787-1663 and written notification shall be provided to the Department of Environmental Protection within 1 business day of the emergency.
(5) The Department of Environmental Protection will transmit all notification information to the Department.
§ 401.122. Changes to original notification.
(a) If there is a change of the information provided on the original notification form, the contractor or operator shall immediately notify the Department of Environmental Protection of the changes in the manner provided in § 401.121(3) (relating to original notification) if:
(1) In the case of a postponement of the start date, the contractor or operator provides the Department of Environmental Protection with immediate verbal notification and submits written confirmation of the postponement within 1 business day before the original start date.
(2) In the case of an advancement of the start date, the contractor or operator provides the Department of Environmental Protection with written notification of the advancement at least 10 business days prior to the new start date.
(3) In the case of a change of at least 20% of the estimate of the amount of asbestos involved in the project provided on the previous notification as required by section 8 of the act (63 P. S. § 2108), the contractor or operator immediately provides the Department of Environmental Protection with written notification of the changes.
(4) In the case of a change of less than 20% of the estimate of the amount of asbestos involved in the project, no notification is required to be given by the contractor or operator.
(b) Notification to the Department of Environmental Protection does not relieve the asbestos contractor or operator of the responsibility for making written notification as may be required by a municipality, agency of the Commonwealth or agency of the Federal government.
ADMINISTRATIVE MATTERS § 401.141. Purpose and scope.
This chapter implements the certification, accreditation and related requirements of the act.
§ 401.142. Application of chapter.
This chapter applies to the following persons:
(1) Persons engaged in asbestos occupations within this Commonwealth.
(2) Persons performing asbestos abatement upon or within a building which they own or occupy who utilize employes, other contractors or workers to perform asbestos abatement.
(3) Training course providers desiring to provide training courses required for employment in asbestos abatement occupations within this Commonwealth.
§ 401.143. Other requirements.
Nothing in this chapter relieves a person subject to the act from a duty or responsibility under another Federal or State statute or regulation, or local ordinance relating to asbestos abatement.
§ 401.144. Federal requirements.
This chapter shall be read in conjunction with Federal statutes and regulations providing for the certification of persons engaged in asbestos occupations and the accreditation of training courses provided for those respective occupations, and are intended to supplement Federal regulations in the interest of protecting the environment and the health and safety of the citizens of this Commonwealth.
§ 401.145. Additional recordkeeping requirements.
(a) The asbestos contractor shall maintain a list of individuals engaged in asbestos occupations or who enter the asbestos abatement project area at each job site. The list shall include the following information:
(1) Names.
(2) Certification identification number.
(3) Job classification or job title.
(4) Time in.
(5) Time out.
(6) Other information that may be required by the Department.
(b) These records shall be available to the Department upon request.
§ 401.146. Changes to the Model Accreditation Plan (MAP) by the EPA.
The Department may adopt changes made to the MAP (40 CFR Part 763) in this chapter by publishing notice of the change in the Pennsylvania Bulletin.
RECIPROCITY § 401.161. Accreditation of other training programs.
(a) The Department may enter into reciprocal agreement with other states and juridisdictions to allow the use of accredited training programs to satisfy Commonwealth training requirements, if the Department finds that the training course meets the requirements under the act and this chapter.
(b) Providers requesting accreditation under this section shall comply with the renewal provisions of §§ 401.11--401.21 (relating to training course accreditation procedures and requirements) including payment of the appropriate fee listed §§ 401.81--401.87 (relating to fees).
§ 401.162. Certification in other jurisdictions.
(a) The Department may enter into reciprocal agreement with other states and jurisdictions to certify for an asbestos occupation a person who has been certified in the other state or jurisdiction which has requirements at least as stringent as those in this chapter.
(b) A person applying for certification under this section shall comply with §§ 401.41--401.47 (relating to certification procedures and requirements) including the payment of the appropriate fee listed in §§ 401.81--401.87 (relating to fees) except as provided by section 5 of the act (63 P. S. § 2105).
[Pa.B. Doc. No. 96-1740. Filed for public inspection October 18, 1996, 9:00 a.m.]
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