§ 2540. Administrative Procedures.
19 CA ADC § 2540Barclays Official California Code of Regulations
19 CCR § 2540
§ 2540. Administrative Procedures.
(1) All Course Managers who request State certification for any of the courses referenced in section 2520 shall complete and submit a Training Course Notification Form (HM 100), as designated in section 2550, to the California Specialized Training Institute Hazardous Materials Section no later than six weeks prior to the start of the course in which certification is being requested. If there are any changes in class location, date or time, the Course Manager is required to submit those changes to the CSTI Hazardous Materials Section within 48 hours that the change or changes were made. If any of the changes described above occur within 48 hours of the course's start time, then the Course Manager is required to notify the CSTI Hazardous Materials Section immediately by telephone.
(2) Course Managers are not permitted to request State certification for Haz Mat Specialist (1F) or (1G) courses, as referenced in Section 2520(p)-(q), until a Field Training Facility for use in said courses has been inspected, approved, and certified according to the procedures established in Section 2560(b).
(3) All Course Managers who request State certification for any of the courses referenced in section 2520 shall complete, sign and submit all of the following administrative forms, as designated in section 2550, to the California Specialized Training Institute Hazardous Materials section no later than six weeks following the last day of the course in which certification is being requested:
(5) When a Course Manager completes, signs, and submits the required administrative forms designated in section 2540, he or she is certifying that he/she taught the course according to all of the requirements designated in Sections 2520, 2530 and 2540 for the course being certified and that he/she used the current course curriculum specified in Section 2540(t).
(6) All courses shall be completed, including submission of all forms as designated in Section 2540(c)(3) and payment of all certificate fees and course material costs, to the California Specialized Training Institute within one year of course start date or the course will be considered null and void, unless said course has been granted an extension by the Chief of the Hazardous Materials Section per Section 2540(j)(2). Null and void courses are not eligible for certification.
(5) Course Managers will ensure that courses requiring hands-on or practical application of skills, have sufficient supplies and equipment. Sufficient supplies means that there are enough tools, monitors, suits and other items to allow each student to meet the performance objectives within the course timeframe.
(i) Example: The course: Technician C - Week, requires 1 computer for each 3 students. Given a class of 30 students, ten computers would be required, unless this practical application session were broken into three groups or break-outs. Each group having 10 students and one instructor. One group does air monitoring, one group does technical reference and one group uses the computers. In the case of the computer group, with only 10 students, only 3 computers are needed.
(B) If, in the opinion of the certified instructor who administered the exam, it appears that the student failed the exam because of lack of knowledge of course material, then the instructor may, at his or her discretion, retrain the student. In such a case, a certified instructor is required to administer the most current alternate version of the written exam, which the student has not taken. The alternate version of the exam shall be taken within 30 calendar days from the date that the student's first exam was administered.
(8) Any student found to be cheating by a certified instructor during the administration of a certified exam shall not be permitted to pass the said exam. “Cheating” consists of, but is not limited to, acts by students such as consulting the Student Notebook, notes, Instructor Guide or other reference materials during the administration of a certified exam. Exceptions include item 14 below and the use of wall-mounted “Periodic Table of the Elements” as required in 2520(k)(2).
(9) Any student not permitted to pass a certified exam because of alleged cheating or any student who failed an exam and seeks to contest any exam questions, may appear in person, within 60 days of said exam, before the California Specialized Training Institute Hazardous Materials Section Chief or his/her representative to request to retake an alternative exam. The Hazardous Materials Section Chief or his/her representative shall approve or deny the request based on evidence presented during the said interview with the student and a follow-up interview with the certified instructor(s) involved.
(11) Course Managers are required to retain all student answer sheets on which students marked answers for a minimum of 5 years after date exam was administered. If requested at any time during the five year retention period, the original answer sheets shall be forwarded by the Course Manager to the California Specialized Training Institute Hazardous Materials Section Chief within 10 days.
(12) The maximum time allowed for students to complete a certified written exam may be specified on said exam. If no time limit is specified, it shall be designated as a maximum of one minute per question (i.e. A 20-question exam shall have a time limit of 20 minutes, unless otherwise specified on said exam). The Course Manager shall inform the students of the specified or designated maximum time limit for said written exam prior to its distribution to students.
(1) Any course taught by a California State Certified Hazardous Materials Instructor, in which he or she has requested to receive State certification, is subject to unannounced field audits conducted by a faculty member of the California Specialized Training Institute Hazardous Materials Section or any California Governor's Office of Emergency Services employee or authorized representative designated by the Chief of the California Specialized Training Institute Hazardous Materials Section. Field audits may consist of any of the following:
(2) Any course taught by a California State Certified Hazardous Materials Instructor, in which he or she has requested to receive State certification, is subject to mail or telephone audits conducted by a faculty member of the California Specialized Training Institute Hazardous Materials Section or any California Governor's Office of Emergency Services employee or authorized representative designated by the Chief of the California Specialized Training Institute Hazardous Materials Section. Mail and telephone audits may consist of any of the following:
(3) The auditor shall complete a Course Audit Report (HM 180), as designated in section 2550, for each course audited and provide the California Specialized Training Institute Hazardous Materials Section Chief with a copy of said report for approval within 10 working days following completion of the audit. Upon receiving approval from the Section Chief, the Course Audit Report shall be forwarded to the Course Manager and/or Instructor within 10 working days of approval.
(4) If any deficiencies were identified in the audit, the auditor shall provide a written summary of deficiencies and recommendations for correcting the identified deficiencies to the California Specialized Training Institute Hazardous Materials Section Chief for approval within 10 working days following completion of the audit. Upon receiving approval from the Section Chief, the written summary of deficiencies and recommendations for correcting the identified deficiencies shall be forwarded to the Course Manager and/or Instructor within 10 working days of approval.
(A) If the deficiencies are major or willful violations of these regulations and the CSTI Hazardous Materials Section Chief determines that they cannot reasonably be rectified through remedial training, then he/she shall immediately recommend decertification of the instructor as specified in Section 2540(g)(4) of these regulations. Major violations include, but are not limited to, the following:
(6) Students who have attended a course that had been identified as being deficient shall not be issued certificates until said students have received remedial training in the areas identified as deficient. If the course was identified as being deficient after students have received certificates, the said students shall be notified by CSTI that their certificates are null and void until they receive remedial training in the areas identified as deficient.
(7) A follow-up audit, reported on a form HM 180 as designated in section 2550, shall be conducted by a faculty member of the California Specialized Training Institute Hazardous Materials Section or any California Governor's Office of Emergency Services employee or consultant designated by the Chief of the California Specialized Training Institute Hazardous Materials Section to ensure that deficiencies have been corrected.
(9) The Course Manager is responsible for ensuring that any auditor(s) conducting an audit of said Course Manager's course, in accordance to the procedures established in Section 2540(f), is permitted free and unhindered access to any course requesting State certification. If the Course Manager fails to provide said auditor(s) with free and unhindered access to said course, then said course may not receive State certification.
(1) A Certified Instructor can be decertified for failure to adhere to the policies, procedures or administrative requirements for delivering, documenting, or certifying a course through the California Hazardous Substances Incident Response Training and Education Program contained in Title 2 of the California Government Code, Division 1, Chapter 7, Sections 8574.19-8574.21 and Title 19 of the California Code of Regulations, Chapter 1, Subchapter 2, Sections 2510-2560.
(3) A Certified Instructor can be decertified for failure to teach a minimum of four hours of instruction in any certified course, or any course using certified curriculum, as referenced in Section 2520, during a calendar year. The calendar year in which an instructor received State Certification is exempt from the four-hour requirement. A Certified Instructor who wants credit for teaching hours only, must ensure that the Course Manager, of the course in which the Certified Instructor taught, includes his/her name and hours to be credited on Class Schedule Form (HM 130) that is submitted to the California Specialized Training Institute. If a Certified Instructor wants to notify CSTI of a course that he/she is teaching and does not want certification for the course, but wants credit for teaching hours only, then the Certified Instructor shall submit a Training Course Notification Form (HM 100) and a Class Schedule Form (HM 130) to CSTI.
(4) The CSTI Hazardous Materials Section Chief shall recommend decertification of an instructor to the Director of CSTI. The final decision to decertify an instructor is determined by the Director of the California Specialized Training Institute within 45 calendar days of the recommendation from the CSTI Hazardous Materials Section Chief.
(5) If the CSTI Hazardous Materials Section Chief recommends decertification of an instructor to the Director of CSTI, then the Section Chief shall, at the same time, cause the instructor being recommended for decertification to be notified by written correspondence outlining the reason(s) for his/her pending decertification. The instructor being recommended for decertification shall be given 30 calendar days (from the date the notification was mailed) to respond in writing to the Director of CSTI for consideration in retaining his/her certification. The Director of CSTI shall review any written correspondence received within the 30-day notification period described above prior to decertifying an instructor.
(6) During the 30-day notification period, designated in Section 2540(g)(5), the instructor pending decertification shall be permitted to appear before the CSTI Hazardous Materials Section Chief and/or the CSTI Hazardous Material Section Instructor Certification Program Coordinator for the purpose of requesting to retain his/her instructor certification. The instructor pending decertification shall be permitted, at the time of appearance, to present any evidence that would assist in a fair and impartial decision regarding the pending decertification. The CSTI Hazardous Materials Section Chief and/or the CSTI Hazardous Material Section Instructor Certification Program Coordinator shall prepare a written summary of the findings of the interview with the instructor pending decertification, including a recommendation to either maintain or withdraw the decertification request, within 10 days following the interview, to the Director of CSTI. The Director of CSTI shall review any written summary of an interview with an instructor pending decertification prepared by the CSTI Hazardous Materials Section Chief and/or the CSTI Hazardous Material Section Instructor Certification Program Coordinator prior to decertifying an instructor.
(A) The Course Manager shall provide advanced notice to prospective trainees regarding any anticipated physical demands and/or physical performance expectations; examples include an obstacle course, heavy lifting, and high heat and cold environments and will ensure each student complete and turn in the CSTI Statement of Physical or Medical Qualification Form (HM 280 (rev. 9/04) or HM 280C (rev. 9/06) which are incorporated by reference) to the course manager;
(D) The Course Manager shall ensure for chemical and outdoor practical “hands on” training/exercises that at least one member of the training staff or class, either directly involved in the training event or immediately (within 3 minutes) available at the training location, shall be certified as an EMT-1 or greater. Local EMS may be utilized it they meet response time criteria.
(F) The Course Manager shall ensure that all instructors participating in the training event are provided with the location and phone number of the nearest medical facility or are provided communication access to the Emergency Medical System (911). Additionally, this information shall be conspicuously posted at all training sites;
(B) In training that requires students to wear an encapsulated suit and/or a self-contained breathing apparatus (SCBA) and/or an Air Purifying Respirator (APR) and/or an Powered Air Purifying Respirator (PAPR), students shall submit written documentation: CSTI Statement of Physical or Medical Qualification Form (HM 280 or HM 280C), to the Course Manager prior to class.
(iii) Immediate notification (24 hours) by the Course Manager to the CSTI Hazardous Materials Section Chief, using the CSTI Injury and Accident Form (HM 290 (rev. 3/04) incorporated by reference), shall be made if any serious/major injury, life-threatening injury or illness, or death is sustained by a student or instructor during training;
(v) Students who sustain any injury that requires treatment by a physician shall obtain a written medical release from a physician and submit it to the Course Manager before being permitted to resume training. An injured student is required to make notification to CSTI Hazardous Materials Section Chief if said student obtained medical treatment without Course Manager's knowledge;
(D) If outdoor temperatures exceed 100 degrees F, student shall take breaks 10 minute minimum every 30 minutes. Above 100 degrees F, student time in chemical protective clothing shall be limited to 15 minutes including standby time and no in-suit training will be allowed when temperatures exceed 105 degrees F;
(G) When students are involved in donning Level A, B, and/or C protective clothing, a back-up student shall assist the student donning the clothing. If the back-up student discovers a problem, he or she shall assist the student in Level A, B, and/or C clothing to a safe position and then immediately notify an instructor;
(2) All materials making reference to the California Governor's Office of Emergency Services and/or California Specialized Training Institute that are to be used to market or seek attendance in a State Certified Hazardous Materials Course shall be forwarded to the California Specialized Training Institute Hazardous Materials Section Chief for approval prior to their use.
(1) Students shall complete a First Responder Operations Course meeting the minimum content requirements as referenced in Section 2520(b) or an Incident Commander Course meeting the minimum content requirements as referenced in Section 2520(c) prior to being permitted to attend any State Certified Hazardous Materials Technician/Specialist Course as referenced in Section 2520. The Course Manager shall forward a signed Hazardous Materials Proof of FRO Competencies Form (HM 170, (rev. 8/99) incorporated by reference) to CSTI with the completed Course Roster (HM 150), as referenced in Section 2550(a)(4).
(2) Students shall complete a First Responder Operations Course meeting the minimum content requirements as referenced in Section 2520(b) or an Incident Commander Course meeting the minimum content requirements as referenced in Section 2520(c) prior to being permitted to attend any State Certified Hazardous Materials Investigations Course as referenced in Section 2520(e). The Course Manager may adopt an equivalent course with prior permission from the CSTI Hazardous Materials Section. The Course Manager shall forward a signed Hazardous Materials Proof of FRO Competencies Form (HM 170) to CSTI with the completed Course Roster (HM 150), as referenced in Section 2550(a)(4).
(4) Any student seeking to attend a State Certified Hazardous Materials Advanced Environmental Crimes Investigations Course as specified in Section 2520 (u) shall provide documentation to the Course Manager that verifies that said student is an active member of an environmental crimes investigations team/unit or works in the direct support of an environmental crimes investigation team or unit prior to being allowed to attend.
(5) Students shall complete a First Responder Operations Course meeting the minimum content requirements as referenced in Section 2520(b) or an Incident Commander Course meeting the minimum content requirements as referenced in Section 2520(c) prior to being permitted to attend a State Certified Hazardous Materials Emergency Response First Responder Operations -- Decontamination Course as referenced in Section 2520(x), or a State Certified Haz Mat Emergency Response-Incident Commander Course meeting the 24 hour minimum class duration requirement as referenced in Section 2520(c)(3), or a State Certified Hazardous Materials Emergency Response Technician--Private Industry Course meeting the 16 hour minimum class duration requirement as referenced in Section 2520(t)(3).
(2) Any Course Manager who seeks to substitute other materials, text books, reference books, videos, equipment or training aids in place of those specified in Section 2520, shall submit a written request with a copy of the material(s) to be considered, to the California Specialized Training Institute Hazardous Materials Section Chief for approval prior to use in any certified course.
(3) Any Student who seeks to challenge the Technician/Specialist 1A Course, as referenced in Section 2520(k), shall be permitted to take the Technician/Specialist 1A Final Exam only once, as administered by a CSTI Hazardous Materials Section faculty member or designated certified instructor. If said student successfully passes said exam, the student shall be certified as completing the Technician/Specialist 1A Course, as referenced in Section 2520(k). The regular tuition fee may be charged to the student prior to administering the Technician/Specialist 1A Final Exam.
(2) All certified instructors are responsible for obtaining, reviewing, and complying with all published revisions to these regulations, as designated in Title 19 California Code of Regulations, Division 2, Chapter 1, Subchapter 2, Sections 2510-2560 entitled Hazardous Substances Emergency Response Training.
(1) The California Specialized Training Institute shall issue a student a Certificate of Completion in Refresher Training for any course referenced in section 2520, except 2520(s), as long as the four components of refresher training are completed, as verified by a qualified current CSTI outreach instructor:
(C) The CSTI outreach instructor shall ensure that the student participates in an exercise that includes the objectives to demonstrate the competencies at the appropriate CSTI standardized course, as referenced in Section 2520, and provide coaching that will enhance the achievement of those competencies; and,
(E) Student demonstrates basic competency of Hazardous Waste General Site Worker level objectives, as referenced in Section 2520(s)(1), during the CSTI Hazardous Waste General Site Worker Refresher Course field training exercise or a Hazardous Waste General Site Worker level refresher exercise developed and approved by student's employer; and
(9) Course Managers who have completed teaching any of the refresher courses referenced above shall submit to CSTI with the Course Roster Form (HM 150), as referenced in Section 2550, a photocopy of the certificate of the prerequisite course for each student as designated in Section 2540(t)(1)(A) or Section 2540(t)(2)(A).
(13) The Course Manager for the Hazardous Materials Emergency Response Technician--Private Industry Refresher Course shall be a certified California State Certified Hazardous Materials Technician/Specialist 1C and 1D or 1F and 1G or Hazardous Materials Emergency Response Technician--Private Industry Instructor as referenced in Section 2530(b). The course manager for a Hazardous Waste General Site Worker Refresher Course shall be a certified California State Certified Hazardous Waste General Site Worker Instructor.
(1) Certified curriculum for the California Hazardous Substances Incident Response Training and Education Program shall consist of Instructor Guides and/or Student Notebooks, effective publication dates as of September 1, 2002 or thereafter, as listed below. Course managers shall ensure that certified classes use the current edition of the documents listed for the applicable course. These documents are incorporated by reference in their entirety into these regulations for the courses described in Section 2520.
Clandestine Methamphetamine Laboratories First Responder Awareness, Student Manual
Clandestine Methamphetamine Laboratories First Responder Awareness, Instructor Guide.
Clandestine Methamphetamine Laboratories First Responder Operations, Student Manual
Clandestine Methamphetamine Laboratories First Responder Operations, Instructor Guide.
Hazardous Materials - Assistant Safety Officer Student Manual
Hazardous Materials - Assistant Safety Officer, Instructor Guide
Hazardous Materials Emergency Response: First Responder Awareness Student Notebook
Hazardous Materials Emergency Response: First Responder Awareness Instructor Guide
Hazardous Materials Emergency Response: First Responder Operations Student Notebook
Hazardous Materials Emergency Response: First Responder Operations Instructor Guide
Hazardous Materials Emergency Response: Incident Commander Student Notebook
Hazardous Materials Emergency Response: Incident Commander Instructor Guide
Hazardous Materials Emergency Response: Executive Management Student Notebook.
Hazardous Materials Emergency Response: Principles of Environmental Crimes Investigations Student Notebook
Hazardous Materials Emergency Response: Environmental Monitoring Student Notebook
Hazardous Materials Emergency Response: Incident at Ports Student Notebook
Hazardous Materials Emergency Response: Instructor Certification Student Notebook
Hazardous Materials Emergency Response: Inst. Cert. for Trainers Student Notebook
Hazardous Materials Emergency Response: Instructor Recertification Student Notebook
Hazardous Materials Emergency Response: Tech/Specialist (1A): Basic Chemistry Student Notebook
Hazardous Materials Emergency Response: Tech/Specialist (1A): Basic Chemistry Instructor Guide
Hazardous Materials Emergency Response: Tech/Specialist (1B): Applied Chemistry Student Notebook
Hazardous Materials Emergency Response: Tech/Specialist (1B): Applied Chemistry Instructor Guide
Hazardous Materials Emergency Response: Tech/Specialist (1C): Incident Considerations Student Notebook
Hazardous Materials Emergency Response: Tech/Specialist (1C): Incident Considerations Instructor Guide
Hazardous Materials Emergency Response: Tech/Specialist (1D): Tactical Field Operations Student Notebook
Hazardous Materials Emergency Response: Tech/Specialist (1D): Tactical Field Operations Instructor Guide
Hazardous Materials Emergency Response Specialist (1F): Specialized Mitigation Techniques Student Notebook
Hazardous Materials Emergency Response Specialist (1F): Specialized Mitigation Techniques Instructor Guide
Hazardous Materials Emergency Response Specialist (1G): Tactical Field Operations Instructor Guide
Hazardous Materials Emergency Response Tech/Spec: Instructor Orientation Student Notebook
Hazardous Materials Emergency Response Technician--Private Industry Student Notebook
Hazardous Materials Emergency Response Technician--Private Industry Instructor Guide
Hazardous Materials Emergency Response Technician--Private Industry (24 Hour) Student Notebook
Hazardous Materials Emergency Response Technician--Private Industry (24 Hour) Instructor Guide
Hazardous Materials Emergency Response Advanced Environmental Crimes Investigations Student Notebook
Hazardous Materials Emergency Response Emergency Medical Response to Hazardous Materials Incidents Student Notebook
Hazardous Materials Emergency Response Emergency Medical Response to Hazardous Materials Incidents Instructor Guide
Hazardous Materials Emergency Response Guidelines for Hospitals and Emergency Departments: Managing the Victims of Hazardous Materials Incidents Student Notebook
Hazardous Materials Emergency Response Guidelines for Hospitals and Emergency Departments: Managing the Victims of Hazardous Materials Incidents Instructor Guide
Hazardous Materials Emergency Response First Responder Operations - Decontamination Student Notebook
Hazardous Materials Emergency Response First Responder Operations - Decontamination Instructor Guide
Hazardous Materials -- Mass Casualty Decontamination, Student Manual
Hazardous Materials -- Mass Casualty Decontamination, Instructor Guide
Hazardous Materials/Weapons of Mass Destruction Assistant Safety Officer Student Manual (rev.2007)
Hazardous Materials/Weapons of Mass Destruction Assistant Safety Officer Plan of Instruction (rev. 1/2007)
Hazardous Materials/Weapons of Mass Destruction Emergency Response, First Receiver Operations and Decontamination for Health Care Student Manual (rev. 6/2007)
Hazardous Materials/Weapons of Mass Destruction Emergency Response, First Receiver Operations and Decontamination for Health Care Plan of Instruction (rev. 6/2007)
Hazardous Materials/Weapons Of Mass Destruction, First Responder Operations, Law Enforcement Field Support Course Student Manual (rev. 2/2007)
Hazardous Materials/Weapons Of Mass Destruction, First Responder Operations, Law Enforcement Field Support Course Plan of Instruction (rev. 2/2007)
Hazardous Materials, Weapons of Mass Destruction Terrorism for the Technician/ Specialist Course Student Manual (rev. 4/2007)
Hazardous Waste General Site Worker Student Notebook
Hazardous Waste General Site Worker Instructor Guide
HazMat Emergency Response, First Responder Awareness - Nuclear, Biological and Chemical Agents, Student Manual.
HazMat Emergency Response, First Responder Awareness - Nuclear, Biological and Chemical Agents, Instructor Guide.
First Responder Operations--Nuclear, Biological and Chemical Agents Student Notebook
Incident Commander: Nuclear, Biological and Chemical Agents (IC-NBC) Course Participant Workbook
Credits
Note: Authority cited: Sections 8574.20(a) and 8585, Government Code. Reference: Sections 8574.20(b) and 8585, Government Code.
History
1. New section filed 7-8-91; operative 8-7-91 (Register 91, No. 46).
2. New subsections (g), (h) and (i) filed 9-16-91; operative 10-16-91 (Register 92, No. 2).
3. Amendment filed 5-12-94; operative 6-13-94 (Register 94, No. 19).
4. Editorial correction (Register 96, No. 52).
5. Amendment of section and Note filed 12-23-96; operative 1-22-97 (Register 96, No. 52).
6. Amendment of section and new forms filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
7. Amendment of subsection (t) filed 2-8-2000; operative 3-9-2000 (Register 2000, No. 6).
8. Amendment of section and Note filed 4-25-2003; operative 5-25-2003 (Register 2003, No. 17).
9. Amendment filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
10. Change without regulatory effect amending subsections (f)(1), (f)(2), (f)(7), (i)(1)(C), (l)(2), (m)(5) and (r)(1) and Note filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).
11. Change without regulatory effect amending subsections (f)(1), (f)(2), (f)(7), (i)(1)(C), (l)(2) and (r)(1) filed 5-5-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 19).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 19, § 2540, 19 CA ADC § 2540
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