Chapter 23. Asbestos Accreditation of Individuals, and Approval of Training Courses
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“ACBM” means asbestos-containing building material and includes surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on internal structural members or other parts of a:
(a)
School building; or
(b)
Public and commercial building.
(2)
“Accreditation” means approval by the Department to engage in an asbestos occupation pursuant to Regulation .03 of this chapter.
(3)
“ACM” means asbestos-containing material and includes any material or product which contains more than 1 percent asbestos.
(4)
“Asbestos” means the asbestiform varieties of:
(a)
Chrysotile (serpentine);
(b)
Crocidolite (riebeckite);
(c)
Amosite (cummingtonitegrunerite);
(d)
Anthophyllite;
(e)
Tremolite; and
(f)
Actinolite.
(5)
“Asbestos abatement” means any activity involving job set-up, removal, encapsulation, enclosure, renovation, repair, demolition, construction, alteration, or maintenance of asbestos-containing material.
(6)
“Asbestos occupation” means any job as asbestos abatement worker, asbestos abatement contractor/supervisor, inspector, management planner, or abatement project designer.
(7)
“Demolition” means the wrecking or taking out of any load-supporting structural member and any related removing or stripping of asbestos materials.
(8)
“Encapsulate” means to coat, bind, or resurface walls, ceilings, pipes, or other structures to prevent friable asbestos from becoming airborne.
(9)
“Enclosure” means the construction or installation over or around the ACM of any solid or flexible coverings, which will not deteriorate or decompose for an extended period of time, so as to conceal the ACM, contain ACM fibers, and render the ACM inaccessible.
(10)
“Inspector” means an individual performing on-site investigations to locate, identify, classify, record, sample, test, and assess the condition of all friable and nonfriable asbestos-containing materials located within a structure that is a:
(a)
School building; or
(b)
Public and commercial building.
(11)
Interior Space.
(a)
“Interior space” means an area inside a school building or public and commercial building.
(b)
“Interior space” includes:
(i)
An exterior hallway connecting buildings;
(ii)
A portico; and
(iii)
A mechanical system used to condition interior space.
(12)
“Management planner” means an individual using an inspector's data to assess the ACM's hazard, determine appropriate response actions, develop a schedule for implementing the response actions, and prepare management plans for a school building.
(13)
“Maryland school” means any elementary or secondary school as defined in §198 of the Elementary and Secondary Education Act of 1965, 20 U.S.C. §2854, and that is in Maryland.
(14)
“Project designer” means an individual who determines how an asbestos abatement project is conducted in a:
(a)
School building; or
(b)
Public and commercial building.
(15)
Public and Commercial Building.
(a)
“Public and commercial building” means the interior space of any building that is not a school building.
(b)
“Public and commercial building” includes, but is not limited to:
(i)
Industrial and office building;
(ii)
Residential apartment building of 10 or more dwelling units;
(iii)
Condominium of 10 or more dwelling units;
(iv)
Government-owned building;
(v)
College;
(vi)
Museum;
(vii)
Airport;
(viii)
Hospital;
(ix)
Church;
(x)
Store;
(xi)
Warehouse; and
(xii)
Factory.
(c)
“Public and commercial building” does not include a residential apartment building of fewer than 10 dwelling units, a condominium of fewer than 10 dwelling units, or a detached single-family home.
(16)
“Public and commercial building asbestos project” means an activity involving the inspection of, project design for, or asbestos abatement in, a public and commercial building.
(17)
“Removal” means the physical removal of ACM from a building and disposal of the ACM according to all applicable regulations.
(18)
“Repair” means returning damaged ACM to an undamaged condition or to an intact state to prevent fiber release.
(19)
“School asbestos project” means any activity involving the inspection of, management plan development for, project design for, or asbestos abatement in a Maryland school.
(20)
“Structural member” means any:
(a)
Load-supporting member such as beams and load-supporting walls; or
(b)
Nonsupporting member such as ceilings and nonload supporting walls.
(21)
Supervisor.
(a)
“Supervisor”, for a school asbestos abatement project, means an individual responsible for:
(i)
Oversight or contracting; or
(ii)
Directing the work of others involved in school asbestos abatement projects.
(b)
“Supervisor”, for a public and commercial asbestos abatement project, means an individual responsible for:
(i)
Oversight or contracting; or
(ii)
Directing the work of others involved in public and commercial building asbestos abatement projects.
(22)
“Worker” means an individual who engages in an asbestos abatement project in a:
(a)
School building; or
(b)
Public and commercial building.
Regulation .02 Applicability.LinkCopy Citation
A.
Regulations .03—.09 and .15 of this chapter apply to individuals intending to engage in asbestos occupations in Maryland schools.
B.
Regulations .03—.07, .09, and .15 of this chapter apply to individuals engaging in asbestos occupations in public and commercial buildings.
C.
Regulations .10—.14 of this chapter apply to a person applying for approval of training courses for asbestos occupations.
D.
This chapter does not apply to an individual engaged in these inspection activities:
(1)
Periodic surveillance of the type described in 40 CFR §763.92(b) (1997) solely for the purpose of recording or reporting a change in the condition of known or assumed ACBM;
(2)
Inspections performed by employees or agents of federal, State, or local governments solely for the purpose of determining compliance with applicable statutes or regulations; or
(3)
Visual inspections of the type described in 40 CFR §763.90(i) (1997) solely for the purpose of determining completion of response actions.
E.
This chapter does not apply to an individual engaged in:
(1)
Operations, maintenance, and repair as described in 40 CFR Part 763 (1997), Appendix B to Subpart E—Work Practices and Engineering Controls for Small-Scale, Short-Duration Operations Maintenance and Repair (O&M) Activities involving ACM; or
(2)
Small-Scale, short-duration activities as described in 40 CFR Part 763 (1997), Appendix C to Subpart E—Asbestos Model Accreditation Plan.
F.
If a requirement of COMAR 26.11.21 conflicts with a provision of this chapter, the requirement in this chapter takes precedence.
Regulation .03 Accreditation.LinkCopy Citation
A.
An individual may not engage in an asbestos occupation involving any school project or public and commercial building asbestos project without accreditation from the Department.
B.
The Department shall accredit an individual in an asbestos occupation upon submittal of proof that the individual has:
(1)
Successfully completed any one of the following:
(a)
An initial training course and any required review course approved by the Department as specified in Regulations .04—.09 of this chapter,
(b)
An initial training course and any required review course as specified in Regulation .04A—B of this chapter, approved by the U.S. EPA for asbestos occupation accreditation,
(c)
Acquired and maintained current accreditation from an EPA-approved accreditation plan of another state; and
(2)
Complied with all other requirements in this chapter.
C.
Photo Identification Card.
(1)
Each individual accredited to engage in an asbestos occupation shall carry, while engaged in the asbestos occupation, a photo identification card issued by the training provider or by a state with an EPA-approved Model Accreditation Plan.
(2)
For applicants who were not issued a photo identification card, the Department will provide the photo identification card if the applicant:
(a)
Has a certificate issued by a training provider, as described in §B(1)(b) and (c) of this regulation; and
(b)
Pays by cash, money order, certified check, or cashier's check a processing fee of $25 made payable to the Maryland Clean Air Fund.
D.
Accreditation is valid only for the asbestos occupations for which the candidate qualifies.
Regulation .04 General Training Requirements for Accreditation Applicants.LinkCopy Citation
A.
Course Instruction Time.
(1)
An applicant for initial accreditation shall have completed the following minimum hours of course instruction time, not including lunch and breaks:
(a)
Worker—28 hours (4 days);
(b)
Contractor/supervisor—35 hours (5 days);
(c)
Inspector—21 hours (3 days);
(d)
Management planner—35 hours (5 days), including 21 hours for inspector;
(e)
Project designer—21 hours (3 days).
(2)
An applicant for renewal of accreditation shall have completed the following hours of course instruction time:
(a)
Worker, contractor/supervisor, and project designer—7 hours, excluding breaks and meal;
(b)
Inspector—4 hours excluding breaks and meal; and
(c)
Management planner—4 hours plus successful completion of an inspector's review course.
B.
An applicant for accreditation or renewal of accreditation shall have passed an examination administered by the training course provider with a score of at least 70 percent.
Regulation .05 Worker Training Course Requirements.LinkCopy Citation
A.
The worker's training course shall include lectures, demonstrations, individual respirator fit testing, course review, an examination, and at least 14 hours of hands-on training which allows a worker the experience of performing actual tasks associated with asbestos abatement.
B.
The worker's training course shall adequately address the training topics as described in 40 CFR Part 763 (1997), Appendix C to Subpart E—Asbestos Model Accreditation Plan, I. B. Initial Training: 1. Workers.(a) Physical characteristics of asbestos through (k) Course review, which is incorporated by reference.
C.
The training course shall also comply with the requirements of 29 CFR §§1926.1101 and 1910.134, which are incorporated by reference.
Regulation .06 Contractor/Supervisor Training Course Requirements.LinkCopy Citation
A.
The contractor/supervisor's training course shall include lecture, demonstrations, individual respirator fit testing, course review, written examination, and at least 14 hours of hands-on training which allows contractors and supervisors the experience of performing actual tasks associated with asbestos abatement.
B.
The contractor/supervisor's training course shall adequately address the training topics as described in 40 CFR Part 763 (1997), Appendix C to Subpart E—Asbestos Model Accreditation Plan, I. B. Initial Training: 2. Contractor/Supervisors.(a) The physical characteristics of asbestos and asbestos-containing materials through (o) Course review, which is incorporated by reference.
C.
The training course shall also comply with the requirements of 29 CFR §§1926.1101 and 1910.134, which are incorporated by reference.
Regulation .07 Inspector Training Course Requirements.LinkCopy Citation
A.
The inspector's training course shall include lectures, demonstrations, 4 hours of hands-on training, individual respirator fit testing, course review, and a written examination.
B.
The inspector's training course shall adequately address the training topics as described in 40 CFR Part 763 (1997), Appendix C to Subpart E—Asbestos Model Accreditation Plan, I. B. Initial Training: 3. Inspector.(a) Background information on asbestos through (n) Course review, which is incorporated by reference.
Regulation .08 Management Planner Training Course Requirements.LinkCopy Citation
A.
Management planners seeking accreditation shall successfully complete an inspection training course as outlined in Regulation .07 of this chapter, and the 2-day management planner training course. The training program shall include lectures, demonstrations, course review, and a written examination.
B.
The management planner's training course shall adequately address the training topics as described in 40 CFR Part 763 (1997), Appendix C to Subpart E—Asbestos Model Accreditation Plan, I. B. Initial Training: 4. Management Planner.(a) Course overview through (l) Course review, which is incorporated by reference.
Regulation .09 Project Designer Training Course Requirements.LinkCopy Citation
A.
The project designer's training course shall include lectures, demonstration, a field trip, course review, and a written examination.
B.
The abatement project designer's training course shall adequately address the training topics as described in 40 CFR Part 763 (1997), Appendix C to Subpart E—Asbestos Model Accreditation Plan, I. B. Initial Training: 5. Project Designer.(a) Background information on asbestos through (t) Course Review, which is incorporated by reference.
Regulation .10 Training Course Application.LinkCopy Citation
A.
A person shall apply for approval of a training course, on forms provided by the Department, by providing the following information:
(1)
For an initial course:
(a)
Training provider's name, address, and phone number;
(b)
A list of states that currently approve the course;
(c)
A narrative explanation that clearly indicates how the course meets the requirements for approval in the following areas:
(i)
Length of training in hours,
(ii)
Amount and type of hands-on training,
(iii)
Examinations (length, format, and passing score),
(iv)
Topics covered in the course and approximate time allotted to each topic,
(v)
A detailed statement describing development of the final examination, assurances about examination security, and how examinations are administered,
(vi)
A copy of course materials (student manuals, instructor notebooks, examinations, handouts, etc.),
(vii)
Teacher-student ratio,
(viii)
Names and qualifications of course instructors,
(ix)
List of topics each instructor will teach,
(x)
List of audiovisual materials,
(xi)
A detailed description of the amount and type of hands-on training, and
(xii)
A description and example of the numbered certificate issued to students who attend and pass the course;
(2)
For a review course:
(a)
Training provider's name, address, and phone number;
(b)
A list of states that currently approve the course;
(c)
The course information:
(i)
Length of training in hours,
(ii)
Topics covered in the course and approximate time allotted to each topic,
(iii)
A copy of all course materials, including examinations,
(iv)
Names and qualifications of course instructors,
(v)
Examinations (length, format, and passing score),
(vi)
A detailed statement describing development of the final examination, assurances about examination security, and how examinations are administered, and
(vii)
A description and an example of the numbered certificate issued to students who attend and pass the course;
(3)
A detailed statement describing procedures for keeping blank photo identification cards secure, issuing the cards, and procedures for returning voided and unused cards.
B.
Except for training providers in §C of this regulation, an applicant shall pay by certified check, cashier’s check, or money order an annual fee of $200 for each day of a training course, or portion of a training course, for each initial and review training course for which an applicant seeks approval, including renewals.
C.
The following need not pay the fee in §B of this regulation:
(1)
Public schools;
(2)
Maryland School for the Deaf;
(3)
Maryland Department of Health schools;
(4)
Department of Juvenile Services schools; and
(5)
Department of the Environment.
D.
A person shall apply for approval of an initial worker or worker review course to be conducted in a foreign language by:
(1)
Following the requirements of §§A and B of this regulation;
(2)
Providing a copy of all course materials (such as student manuals, instructor notebooks, and handouts) and examinations which have been translated into the language for which approval is sought; and
(3)
Providing written assurance that the translation of the course materials and the examination have been checked for accuracy.
Regulation .11 Training Course Provider Requirements.LinkCopy Citation
A.
The training course provider shall satisfy all applicable requirements of Regulations .04—.10 of this chapter.
B.
The training provider shall administer a closed-book written examination approved by the Department for each asbestos occupation, which:
(1)
Contains the following number of multiple-choice questions:
(a)
Initial course requirements:
(i)
50 questions for the worker, inspector, and management planner; and
(ii)
100 questions for contractor/supervisor and project designer;
(b)
Review course requirement: At least 25 multiple-choice questions adequately covering the review topics;
(2)
Adequately covers the topics required for the asbestos occupation for which training has been provided, as referenced in Regulations .05B, .06B, .07B, .08B, and .09B of this chapter; and
(3)
Requires a passing score of at least 70 percent for all asbestos occupations.
C.
The training provider shall issue to each student successfully completing the training course a photo identification card, provided by the Department, with the following information:
(1)
Type of training course;
(2)
The student's color photo, name, and signature;
(3)
Identification number unique to that student;
(4)
Name, address, and phone number of the training provider;
(5)
Date of training and expiration date of training;
(6)
Date of exam;
(7)
Maryland course approval number; and
(8)
Name and original signature of training course director.
D.
Except for signatures, all information on the photo identification cards is to be typed or printed by machine.
E.
The training provider shall provide students with an opportunity to complete course evaluations on forms provided or approved by the Department.
F.
A training provider shall provide to the Department a schedule of dates on and locations at which training will be conducted and:
(1)
Ensure that the Department receives this schedule at least 10 days before the course is offered; and
(2)
Provide as promptly as possible to the Department, any changes to the schedule.
G.
A training provider shall display the training provider approval and course approval certificates in a conspicuous place readily accessible to the public.
H.
Before making any changes in topics covered, course materials, or instructors, a training provider shall submit the proposed changes to the Department for approval.
I.
A training provider shall permit the Department representatives to attend, evaluate, and monitor any training course. Department representatives may or may not provide notice of attendance.
J.
A training provider shall:
(1)
Maintain lists of students trained, the dates on which training occurred, instructor names, proctor names, training locations, and students' test scores, and copies of completed photo identification cards; and
(2)
Send the information in §J(1) of this regulation, on a form provided by the Department, along with a color photo of each trainee, to the Department within 10 working days of completion of the course.
K.
A training provider shall comply with the record-keeping requirements as enumerated in 40 CFR Part 763 (1997) Appendix C to Subpart E—Asbestos Model Accreditation Plan, which is incorporated by reference.
L.
Retain records in §J of this regulation, for 3 years, and provide access to these records to the Department.
Regulation .12 Action on an Application for Course Approval.LinkCopy Citation
A.
The Department will acknowledge receipt of an application within 10 working days after receiving the application.
B.
The Department will act on an application within 90 days after the training provider has met all requirements and paid any required fee.
C.
Approval.
(1)
The Department will approve a training course if the training provider:
(a)
Demonstrates the ability to satisfy the requirements in Regulations .04—.11 of this chapter by:
(i)
Submitting course materials as described in Regulation .10 of this chapter on forms provided by the Department,
(ii)
Employing instructors having academic credentials or field experience in the topic or topics they teach, and
(iii)
Employing instructors who are fluent in the foreign language they are teaching in addition to the requirements in §C(1)(a)(ii) of this regulation;
(b)
Pays the appropriate fee or fees as directed in Regulation .10B of this chapter.
(2)
The Department will issue a training provider approval certificate for each course for which approval is sought after written submittals are approved.
(3)
The Department will issue a course approval certificate after a successful on-site audit for all or part of the training course. Videotapes may substitute for the on-site audit at the discretion of the Department.
D.
Denial.
(1)
The Department will deny an application if it determines that the applicant has not demonstrated an ability to comply fully with the applicable requirements, procedures, and standards established by the:
(a)
Department in this chapter;
(b)
U.S. Environmental Protection Agency in 40 CFR 763, which is incorporated by reference; and
(c)
Maryland Occupational Safety and Health in 29 CFR §§1926.1101 and 1910.134 (1997), 63 FR 1152 (January 8, 1998), which are incorporated by reference.
(2)
The Department will send the denial of an application by certified mail. The applicant may request a hearing within 10 days after receipt of the certified mail. If it receives a timely request, the Department will hold a hearing in accordance with State Government Article, § 10-201 et seq., Annotated Code of Maryland.
(3)
The Department may not refund the application fee if an application is denied.
Regulation .13 Duration, Renewal, and Transfer of Training Approval.LinkCopy Citation
A.
Unless the Department revokes or suspends training course approval, a training course shall remain approved for 1 year from the date of approval.
B.
The Department may renew training approval annually if a training provider:
(1)
Submits a completed application for renewal on forms provided by the Department not sooner than 90 days and not later than 30 days before approval expires; and
(2)
Pays to the Department, by certified check, cashier's check, or money order, made payable to the Maryland Clean Air Fund, the appropriate application fee as described in Regulation .10B of this chapter.
C.
Training provider approval certificates are valid for 1 year from the date of approval for a training course, and may be renewed.
D.
Training course approval certificates are valid for 1 year from the date of the successful on-site or videotape audit, and may be renewed.
E.
The Department may not process an application unless it is accompanied by the appropriate fee.
F.
Fees are nonrefundable.
G.
Receipt and deposit of fees submitted with applications do not in any way indicate approval of a training course application.
H.
Training provider and training course approvals are not transferable.
Regulation .14 Suspension or Revocation of Approval of a Training Course.LinkCopy Citation
A.
The Secretary may suspend or revoke approval of any approved training course if the training provider, instructors, or courses no longer meet the standards established by the Secretary and found in this chapter, and for any of the following:
(1)
Misrepresentation of a training course's approval by another state or the EPA;
(2)
Failure to submit any notifications required by this chapter in a timely manner;
(3)
Failure to maintain records as required by this chapter; or
(4)
Falsification of accreditation records, instructor qualifications, or other accreditation information.
B.
The Department will send notice of the revocation or suspension of an approved training course to the training provider by certified mail. The training provider may request a hearing within 10 days after receipt of the certified mail. If the Department receives a timely request, the Department will hold a hearing in accordance with State Government Article, §10-201 et seq., Annotated Code of Maryland.
Regulation .15 Decertification Procedures for Accredited Individuals.LinkCopy Citation
A.
The Secretary may revoke or suspend the accreditation of an individual accredited as an inspector, management planner, project designer, worker, or abatement contractor/supervisor if the accredited individual:
(1)
Fraudulently or deceptively obtains, uses, or attempts to obtain accreditation for the person or another;
(2)
Fails at any time to meet the qualifications for accreditation, or any requirement, procedure, or standard established by the Department in this chapter;
(3)
Fails to perform an activity which the accredited individual represented was done;
(4)
Performs an activity for which the individual is not accredited;
(5)
Fails to exercise the standard of care expected of an accredited individual in the conduct of a school asbestos project or public and commercial building asbestos project;
(6)
Violates any rule, regulatory order, permit, or certificate issued or adopted by the Department;
(7)
Is guilty of incompetence or misconduct;
(8)
Performs an activity at a jobsite, requiring accreditation, without being in physical possession of current and initial accreditation certificates; or
(9)
Obtains accreditation for an asbestos occupation from a training provider not approved by either the EPA or a state with an EPA-approved MAP to provide training in that particular asbestos occupation.
B.
The Department will send notice of the revocation or suspension of a person's accreditation to the person by certified mail. The person may request a hearing within 10 days after receipt of the certified mail. If the Department receives a timely request, the Department will hold a hearing in accordance with Environment Article, §10-201 et seq., Annotated Code of Maryland.
Chapter annotations
Authority: Environment Article, §§6-401, 6-406, 6-410, 6-411, and 6-417, Annotated Code of Maryland
History: Effective date: September 16, 1991 (18:18 Md. R. 2009)
History: Chapter revised effective August 24, 1998 (25:17 Md. R. 1363)
History: Regulation .05C amended effective May 16, 2011 (38:10 Md. R. 617)
History: Regulation .06C amended effective May 16, 2011 (38:10 Md. R. 617)
History: Regulation .10B amended effective May 16, 2011 (38:10 Md. R. 617)
History: Regulation .11E amended effective May 16, 2011 (38:10 Md. R. 617)