View Document - Arkansas Regulations

Home Table of Contents

007.40.2-III. Licensing Procedures for Lead -- Based Paint Activities Training Providers

AR ADC 007.40.2-IIIArkansas Administrative CodeEffective: September 27, 2021

West's Arkansas Administrative Code

Title 007. Department of Health

Division 40. Center for Public Health Practice

Rule 2. Rules Pertaining to Lead-Based Paint Activities

Effective: September 27, 2021

Ark. Admin. Code 007.40.2-III

Formerly cited as AR ADC 007.04.11-III

007.40.2-III. Licensing Procedures for Lead -- Based Paint Activities Training Providers

Currentness

(a) Licensing

Lead -- based paint training programs must be licensed by the Department to offer or claim to offer lead -- based paint activities courses or refresher courses in the state of Arkansas in any of the following disciplines: inspector, risk assessor, supervisor, project designer, and abatement worker.

(b) Application process

(1) The application process for lead -- based paint activities training provider license includes the following:

(A) A written application submitted to the Department must contain the following information:

(i) The training program's name, address, and telephone number;

(ii) A list of courses for which it is applying for licensing, including any refresher courses for which the training program is seeking licensing;

(iii) A statement signed by the training program manager certifying that:

(a) the training program meets the requirements established in Section III(b)(3),

(b) the training program is using EPA -- recommended model training materials, or

(iv) If a training program does not use EPA-recommended model training materials or training materials approved by an authorized state or Indian Tribe, its application shall also include:

(a) A copy of the student and instructor manuals, or other materials to be used for each course; and

(b) A copy of the course agenda for each course.

(v) All training programs shall include in their application for licensing the following:

(a) A description of the facilities and equipment to be used for lecture and hands-on training;

(b) A copy of the course test blueprint for each course;

(c) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course;

(d) A copy of the quality control plan, as provided in § III(b)(3)(J).

(vi) All appropriate fees; and

(vii) A completed disclosure statement form provided by the Department.

(2) If a training program meets the requirements in § III(b) then the Department shall approve the application for licensing no more than 180 days after receiving a complete application, including any applicable fees, from the training program. In the case of approval, a license shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. The applicant may appeal this decision as provided in the Administrative Procedure Act. Prior to disapproval, the Department may, at its discretion, work with the applicant to address inadequacies in the application for licensing. The Department may also request additional materials retained by the training program under the provisions of § III(b). If a training program's application is disapproved, the program may reapply for licensing at any time.

(3) For a training program to obtain licensing from the Department to offer lead -- based paint activities courses, the program shall meet the following requirements:

(A) The training program shall employ a training manager who has:

(i) At least two years of experience, education, or training in teaching workers or adults; or

(ii) A bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration or program management or a related field; or

(iii) Two years of experience in managing a training program specializing in environmental hazards; and

(iv) Demonstrated experience, education or training in the construction industry including: lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

(B) The training manager shall designate a qualified principal instructor for each course who has:

(i) Demonstrated experience, education, or training in teaching workers or adults; and

(ii) Successfully completed at least 16 hours of any EPA-accredited or EPA-authorized state or Indian Tribal-accredited lead specific training; or a lead -- based paint activities training course licensed by the Department; and

(iii) Demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

(C) The principal instructor shall be responsible for the organization of the course and oversight of the teaching of all course material. The training manager may designate guest instructors as needed to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

(D) The Department shall recognize the following documents as evidence the training managers and principal instructors have the education, work experience, training requirements or demonstrated experience specifically listed in § III(b)(3)(A) and (B) above:

(i) Official academic transcripts or diploma as evidence of meeting the education requirements;

(ii) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements; and

(iii) Certificates from train-the-trainer courses and lead-specific training courses, as evidence of meeting the training requirements.

(E) The documentation required in § III(b)(3)(D) above need not be submitted with the licensing application, but if not submitted, shall be retained by the training program as required by the record keeping requirements contained in this chapter.

(F) The training program shall ensure the availability of, and provide adequate facilities for, the delivery of the lecture, course test, hands-on training, and assessment activities. This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed.

(G) To become licensed in the following disciplines, the training program shall provide training courses that meet the following training hour requirements:

(i) The inspector course shall last a minimum of 24 training hours, with a minimum of eight hours devoted to hands -- on training activities. The minimum curriculum requirements are provided in § III(c)(1).

(ii) The risk assessor course shall last a minimum of 16 training hours, with a minimum of four hours devoted to hands -- on training activities. The minimum curriculum requirements are provided in § III(c)(2).

(iii) The supervisor course shall last a minimum of 32 training hours, with a minimum of eight hours devoted to hands -- on activities. The minimum curriculum requirements are provided in § III(c)(3).

(iv) The project designer course shall last a minimum of eight training hours. The minimum curriculum requirements are provided in § III(c)(4).

(v) The abatement worker course shall last a minimum of 16 training hours, with a minimum of eight hours devoted to hands -- on training hours. The minimum curriculum requirements are provided in § III(c)(5).

(H) For each course offered, the training program shall conduct a course test at the completion of the course and, if applicable, a hands -- on skills assessment for that discipline. Each individual must successfully complete the hands -- on skills assessment and receive a passing score of 70 percent of 100 questions on the course test to pass any course.

(i) The training manager is responsible for maintaining the validity and integrity of the hands -- on skills assessment to ensure that it accurately evaluates the trainees' performance of the work practices and procedures associated with the course topics contained in § III(c).

(ii) The training manager is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainees' knowledge and retention of the course topics.

(iii) The course test shall be developed in accordance with the test blueprint submitted with the training licensing application.

(I) The training program shall issue unique course completion certificates to each individual who passes the training course. The course completion certificate shall include:

(i) The name, a unique identification number, and address of the individual;

(ii) The name of the particular course that the individual completed;

(iii) Dates of course completion/test passage;

(iv) The name, address, and telephone number of the training program.

(J) The training manager shall develop and implement a quality control plan. The plan shall be used to maintain and improve the quality of the training program over time. This plan shall contain at least the following elements:

(i) Procedures for periodic revision of training materials and the course test to reflect innovations in the field; and

(ii) Procedures for the training manager's annual review of principal instructor competency.

(K) The training program shall offer courses which teach the work practice standards for conducting lead -- based paint activities contained in 40 CFR Section 745.227, and other standards developed by EPA pursuant to Title IV of the TSCA. These standards shall be taught in the appropriate courses to provide trainees with the knowledge needed to perform the lead -- based paint activities they are responsible for conducting.

(L) The training manager shall be responsible for ensuring that the training program complies at all times with all applicable requirements of Title IV of TSCA and this rule.

(M) The training manager shall allow EPA and/or Department staff to audit the training program to verify the contents of the application for licensing as set forth in § III(b).

To become licensed, training programs must ensure that their courses of study for the various lead -- based paint activities disciplines cover the following subject areas. Listed requirements ending in an asterisk (*) indicate areas that require hands -- on activities as an integral component of the course.

(1) TARGET HOUSING AND CHILD-OCCUPIED FACILITIES -- LEAD -- BASED PAINT ACTIVITIES INSPECTOR

(A) Role and responsibilities of an inspector;

(B) Background information on lead and its adverse health effects;

(C) Background information on Federal, state, and local rules and guidance that pertains to lead -- based paint and lead -- based paint activities;

(D) Lead -- based paint inspection methods, including selection of rooms and components for sampling or testing;*

(E) Paint, dust, and soil sampling methodologies;*

(F) Clearance standards and testing, including random sampling;*

(G) Preparation of the final inspection report; * and

(H) Record keeping.

(2) TARGET HOUSING AND CHILD-OCCUPIED FACILITIES -- LEAD -- BASED PAINT ACTIVITIES RISK ASSESSORS

(A) Role and responsibilities of a risk assessor;

(B) Collection of background information to perform risk assessment;

(D) Visual inspection for the purposes of identifying potential sources of lead -- based paint hazards;*

(E) Lead hazard screen protocol;

(F) Sampling for other sources of lead exposure;*

(G) Interpretation of lead -- based paint and other lead sampling results, including all applicable state or Federal guidance or rules pertaining to lead -- based paint hazards;*

(H) Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead -- based paint hazards; and

(I) Preparation of a final risk assessment report.

(3) TARGET HOUSING AND CHILD-OCCUPIED FACILITIES -- LEAD -- BASED PAINT ACTIVITIES SUPERVISOR

(A) Role and responsibilities of a supervisor;

(B) Background information on lead and its adverse health effects;

(D) Liability and insurance issues relating to lead -- based paint abatement;

(E) Risk assessment and inspection report interpretation;*

(F) Development and implementation of an occupant protection plan and abatement report;

(G) Lead -- based paint hazard recognition and control.*

(H) Lead -- based paint abatement and lead -- based paint hazard reduction methods, including restricted practices;*

(I) Interior dust abatement/cleanup or lead -- based paint hazard control and reduction methods;*

(J) Soil and exterior dust abatement or lead -- based paint hazard control and reduction methods;*

(K) Clearance standards and testing;

(L) Cleanup and waste disposal; and

(M) Recordkeeping.

(4) TARGET HOUSING AND CHILD-OCCUPIED FACILITIES -- LEAD -- BASED PAINT ACTIVITIES PROJECT DESIGNER

(A) The role and responsibilities of a project designer;

(B) Development and implementation of an occupant protection plan for large-scale abatement projects;

(C) Lead -- based paint abatement and lead -- based paint hazard reduction methods, including restricted practices for large-scale abatement projects;

(D) Interior dust abatement/cleanup or lead hazard control and reduction methods for large-scale abatement projects;

(E) Clearance standards and testing for large-scale abatement projects; and

(F) Integration of lead -- based paint abatement methods with modernization and rehabilitation projects for large-scale abatement projects.

(5) TARGET HOUSING AND CHILD-OCCUPIED FACILITIES -- LEAD -- BASED PAINT ACTIVITIES ABATEMENT WORKER

(A) Role and responsibilities of an abatement worker;

(B) Background information on lead and its adverse health effects;

(D) Lead -- based paint hazard recognition and control;*

(E) Lead -- based paint abatement and lead -- based paint hazard reduction methods, including restricted practices;*

(F) Interior dust abatement methods/cleanup or lead-hazard reduction;* and

(G) Soil and exterior dust abatement methods or lead -- based paint hazard reduction.*

(d) Minimum requirements for licensing lead -- based paint activities refresher training programs

A training program may seek to offer lead -- based paint activities refresher courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer, and abatement worker. A training program may apply for licensing to offer courses or refresher courses in as many disciplines as it chooses. A training program may seek licensing for additional courses at any time as long as the program can demonstrate that it meets the requirements of this chapter.

(1) To obtain licensing to offer refresher training, a training program must demonstrate that the following course contents are reviewed in the refresher training course:

(A) Review the curriculum topics of the full-length courses listed under § III(c) as appropriate; and

(B) Ensure that the courses of study include, at a minimum, the following:

(i) An overview of current safety practices relating to lead -- based paint activities in general, as well as specific information pertaining to the appropriate discipline;

(ii) Current laws and rules relating to lead -- based paint activities in general, as well as, specific information pertaining to the appropriate discipline; and

(iii) Current technologies related to lead -- based paint activities in general, as well as specific information pertaining to the appropriate discipline.

(C) Each refresher course, except for the project designer course, shall last a minimum of eight training hours. The project designer refresher course shall last a minimum of four training hours.

(D) For each refresher course offered, the training program shall conduct a hands-on assessment (if applicable), and at the completion of the course, a course test of 50 questions. (A passing score of 70 percent is required.)

(2) A training program may apply for licensing of a refresher course concurrently with its application for licensing of the corresponding training course as described in § III(b). If so, the applicant shall provide the applicable information for the corresponding course, as required in § III(d), and the applicable refresher course information.

(3) A refresher training program seeking licensing to offer refresher training courses only shall submit a written application to the Department containing the applicable information required in the application process as set forth in § III(b) and § III(d) and shall offer a refresher course test of 50 questions with a required passing score of 70 percent and any required hands-on skills assessment.

(4) The same review process provided for training courses shall apply to application of refresher training courses.

(e) Reaccreditation of training programs

(1) Unless relicensed, a training program's license (including refresher license) shall expire four years after the date of issuance and/or upon failure to submit the applicable annual fees. If a training program meets the requirements of § III(e), the training program shall be relicensed.

(2) A training program seeking relicensing shall submit an application to the Department no later than 180 days before its license expires. If a training program does not submit its application for relicensing by that date, the Department cannot guarantee that the program will be relicensed before the end of the license period.

(3) The training program's application for relicensing shall contain:

(A) The training program's name, address, and telephone number;

(B) A list of courses for which it is applying for relicensing;

(C) A description of any changes to the training facility, equipment or course materials since its last application was approved that adversely affects the students' ability to learn;

(D) A statement signed by the program manager stating:

(i) That the training program complies at all times with all requirements in § III(b), § III(c), and § III(d), as applicable; and

(ii) The record keeping and reporting requirements of § III(g) shall be followed;

(E) A completed disclosure statement, and

(F) Applicable fee.

(4) Upon request, the training program shall allow EPA and/or the Department staff to audit the training program to verify the contents of the application for relicensing as described in § III(e).

(f) Suspension, revocation, and/or modification of training programs

(1) The Department may, after notice and opportunity for hearing, suspend, revoke, or modify the license of a training program (including a refresher training license) if a training program, training manager, or other person with supervisory authority over the program has:

(A) Misrepresented the contents of a training course to EPA, the Department, and/or the student population;

(B) Failed to submit required information or notifications in a timely manner;

(D) Falsified licensing records, instructor qualifications, or other licensing -- related information or documentation;

(E) Failed to comply with the training standards and requirements in this chapter;

(F) Failed to comply with Federal, state, or local environmental lead -- based paint statutes or rules; and

(G) Made false or misleading statements to the Department in its application for licensing or relicensing which the Department relied upon in approving the application.

(2) Any training program, training manager, or other person with supervisory authority over the training program may request a hearing on any decision of the Director to revoke, modify, or suspend a program license.

(3) The Department shall maintain a list of parties whose licensing and certification has been suspended, revoked, modified, or reinstated.

(g) Training program record keeping requirements

(1) Licensed training programs shall maintain and make available to the EPA and/or the Department, if requested, the following records:

(A) Official academic transcripts or diplomas which are evidence of the training manager and/or principal instructor meeting the education requirements set forth in § III(b);

(B) Resumes, letters of reference, or affidavits documenting work experience, as evidence of the training manager and/or principal instructor meeting the work experience requirements set forth in § III(b);

(C) Certificates from train-the-trainer courses and lead-specific training courses, as evidence of the training manager and/or principal instructor meeting the training requirements set forth in § III(b);

(D) Current curriculum/course materials and documents reflecting any changes made to current curriculum/course materials;

(E) The course test blueprint;

(F) Information regarding how the hands-on assessment is conducted including, but not limited to:

(i) Who conducts the assessment;

(ii) How the skills are graded;

(iii) What facilities are used;

(iv) The pass/fail rate.

(G) The quality control plan as set forth in § III(b)(3)(J) which provides the training manager shall maintain the following documents:

(i) Procedures for periodic revision of training materials and course test to reflect innovations in the field; and

(ii) Procedures for the training manager's annual review of principal instructor competency.

(H) Results of the students' hands-on skills assessment and course tests, and a record of each student's course completion certificate, and any other document which is not specifically listed above, but which was submitted to the Department as part of the program's application for licensing.

(2) The training program shall retain these records for three years and six months at the address specified on the training program licensing application or the most current address for the training program.

(3) The training program shall notify the Department in writing within 30 days of changing the address specified on its training program licensing application or transferring the records from that address.

(h) Notification by training providers

(1) The training manager must provide the Department with written notification of all lead -- based paint activities courses offered. The notification shall be on such forms and contain such information as the Department may reasonably require and must be received by the Department at least seven business days prior to the start date of any lead -- based paint activities courses. Notification may be delivered by U.S. Postal Service, commercial mail delivery, fax or hand delivery.

(2) If the lead -- based paint activities course is canceled or postponed, the training manager must notify the Department of the change. This notification must be received at least two business days prior to the originally scheduled start date.

(3) If the lead -- based paint activities course is moved, or the start date is to be prior to the originally scheduled start date, the training manager must notify the Department of the change. This notification must be received at least seven business days prior to the start date.

(4) The training manager must provide the Department with notification after the completion of any lead -- based paint activities course. This notice must be received by the Department no later than 10 business days following course completion.

(A) The notification must include the following:

(i) Training program name, address, and telephone number.

(ii) Course discipline and type (initial/refresher).

(iii) Date(s) of training.

(iv) The following information for each student who took the course:

(a) Name.

(b) Address.

(d) Course completion certificate number.

(e) Pass or fail status.

(v) Training manager's name and signature.

(B) The notification shall be on such forms and contain such information as the Department may reasonably require. Notification may be delivered by U.S. Postal Service, commercial mail delivery, fax or hand delivery.

Credits

Adopted Dec. 11, 2020; Sept. 27, 2021.

Current with amendments received through May 15, 2024. Some sections may be more current, see credit for details.

Ark. Admin. Code 007.40.2-III, AR ADC 007.40.2-III

End of Document