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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER ITEXAS ENVIRONMENTAL LEAD REDUCTION
RULE §295.204Accreditation of Training Program Providers

(a) Accreditation requirement.

  (1) A training program provider may seek accreditation from the department to offer courses in any of the following disciplines:

    (A) lead inspector;

    (B) lead risk assessor;

    (C) lead abatement supervisor;

    (D) lead abatement project designer; and

    (E) lead abatement worker.

  (2) A training program provider may also seek accreditation to offer refresher courses for each of the disciplines listed in paragraph (1) of this subsection.

  (3) A training program provider shall not provide, offer, or claim to provide department-accredited training courses for certification purposes without accreditation from the department as required under subsection (c) of this section.

(b) Fees.

  (1) Two-year accreditations. Effective January 1, 2005, the fee for a two-year lead training program provider accreditation shall be $1,000. The fee payment must accompany the application. After initial accreditation, an application and a fee of $100 shall be submitted for each additional course discipline the training provider wishes to teach. Applicants seeking a replacement accreditation certificate shall submit such a request in writing on a department-issued form along with the reissuance fee of $20.

  (2) Three-year accreditations. Three-year accreditations, which were issued prior to January 1, 2005, shall remain valid for the remainder of their three-year term provided that the annual fee of $500 is paid on time to the department. Upon expiration of this three-year accreditation, a fee of $1,000 for a two-year renewal accreditation shall be paid upon submission of a complete application. Trainers who possess a three-year accreditation on January 1, 2005, must submit an annual fee when due accompanied by a payment coupon issued by the department. In order to retain a three-year accreditation for the remainder of its term, all annual fees must be paid on time as required. Failure to make a timely annual fee payment may result in the suspension of the accreditation. After initial accreditation, an application and a fee of $100 shall be submitted for each additional course discipline the training provider wishes to teach. Applicants seeking a replacement accreditation certificate shall submit such a request in writing on a department-issued form along with the reissuance fee of $20.

  (3) TexasOnline. The department is authorized to collect subscription and convenience fees, in amounts determined by the TexasOnline Authority, to recover costs associated with processing accreditation applications through TexasOnline, in accordance with the Texas Government Code, §2054.111 (relating to Use of TexasOnline Project).

(c) Application process. The following are procedures a training program provider shall follow to receive department accreditation to offer lead-based paint activities courses.

  (1) A training program provider seeking accreditation shall submit a written application to the department containing the following information:

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

    (B) a list of courses for which the training provider is applying; and

    (C) a statement signed by the training program manager certifying that the training program meets the minimum requirements established in subsection (d) of this section. If a training program provider uses EPA-developed model training materials, a statement certifying the use of these materials shall be submitted. If a training program provider does not use EPA-developed training materials, its application for accreditation shall include:

      (i) a copy of the student and instructor manuals to be used for each course; and

      (ii) a copy of the course agenda for each course, which must include the time allotted for teaching each course topic.

  (2) All training program providers shall include in their application for accreditation the following:

    (A) a description of the facilities and equipment available 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 described in subsection (d)(9) of this section;

    (E) a statement certifying that copies of the approved documented methodologies listed in compliance with §295.203(a) of this title (relating to Approved Documented Methodologies) are on-site and available for review;

    (F) documentation that the training manager and principal instructor(s) meet the requirements of subsection (d) of this section; and

    (G) a specimen of the training certificate which will be given to students upon successful course completion and test passage.

  (3) The department shall approve or disapprove an application for accreditation no more than 90 days after receiving a complete application from a training program provider. Upon approval, a certificate of accreditation shall be sent to the applicant within 30 days. Prior to disapproval, the department may, at its discretion, work with training program providers to address inadequacies in the application for accreditation. If necessary to determine compliance with this subsection the department may also request additional materials retained by the training program provider under subsections (c) and (d) of this section. If a training program provider's application is disapproved, the program may reapply for accreditation at any time by following the procedures in subsections (b) and (c) of this section.

  (4) A training program provider may apply for accreditation to offer courses or refresher courses in as many training disciplines as it chooses. A training program provider may seek accreditation for additional courses at any time as long as the program can demonstrate that it meets the requirements and submits the additional fees cited in subsection (b) of this section.

(d) Minimum requirements for the accreditation of training program providers. For a training program provider to obtain and maintain accreditation from the department to offer courses in lead-based paint activities, the program shall meet the following minimum requirements for each discipline for which the program is seeking accreditation.

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

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

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

    (C) two years of experience in managing an occupational health and safety training program specializing in environmental hazards; and

    (D) 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.

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

    (A) demonstrated experience, education, or training in teaching workers or adults;

    (B) successfully completed at least 16 hours of instruction from a trainer utilizing a lead-specific EPA model course curriculum; or at least 16 hours of lead-specific training from a department-accredited training provider; and

    (C) at least one year of experience in a lead discipline.

  (3) The principal instructor shall be responsible for the organization of the course and oversight of the teaching of all course material. The training program manager may designate guest instructors as needed to provide instruction specific to the lecture, hands-on activities, or work practice components of a course. One individual may be employed as both the training manager and principal instructor if the individual possesses the qualifications listed in paragraphs (1) and (2) of this subsection.

  (4) The following documents shall be recognized by the department as proof that training managers and principal instructors meet the relevant education, work experience, and/or training requirements specifically listed in paragraphs (1) and (2) of this subsection. This documentation must be submitted with the accreditation application and shall be retained and verified by the training program provider as required by the recordkeeping requirements contained at subsection (j) of this section. Those documents include the following:

    (A) official academic transcripts or diploma, as proof of meeting the education requirements;

    (B) resumes, letters of reference, or documentation of work experience, as records of meeting the work experience requirements; and

    (C) certificates from train-the-trainer courses and lead-specific training courses, as proof of meeting the training requirements.

  (5) The training program provider 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.

  (6) To become accredited in the following disciplines, the training program provider shall provide training courses that meet the following training hour requirements:

    (A) The lead inspector course shall last a minimum of 24 training hours, with a minimum of eight hours devoted to hands-on training. The curriculum for the inspector course is contained in subsection (e)(1) of this section.

    (B) The lead risk assessor course shall last a minimum of 16 training hours. The curriculum for the risk assessor course is contained in subsection (e)(2) of this section, and must include at least four hours of hands-on training activities.

    (C) The lead abatement supervisor course shall last a minimum of 32 training hours, with a minimum of eight hours devoted to hands-on training activities. The curriculum for the supervisor course is contained in subsection (e)(3) of this section.

    (D) The lead abatement project designer course shall last a minimum of eight training hours. The curriculum for the project designer course is contained in subsection (e)(4) of this section.

    (E) The lead abatement worker course shall last a minimum of 16 training hours, with a minimum of eight hours devoted to hands-on training activities. The curriculum for the worker course is contained in subsection (e)(5) of this section.

  (7) For each course offered, the training program provider shall conduct a course test, and if applicable, a hands-on skills assessment at the completion of the course. Each individual must successfully complete the hands-on skills assessment and receive a passing score of 70% or above correct on the course test to pass any course.

    (A) 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 subsection (e) of this section.

    (B) 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.

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

  (8) Training program providers shall issue unique course completion certificates approved by the department to each individual who passes the training course. The course completion certificate shall include:

    (A) the name and a unique identification number or social security number of the individual;

    (B) the name of the particular course that the individual completed;

    (C) the date of course completion or test passage date (no other dates shall be listed);

    (D) the name, address, and telephone number of the training program provider;

    (E) a signed statement by the training program manager or principal instructor that the course meets the requirements of §295.204 of this title (relating to Accreditation of Training Program Providers); and

    (F) the training program provider accreditation number.

  (9) 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:

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

    (B) procedures for the training manager's annual review of instructor competency.

  (10) Training program providers must offer courses which teach the standards for conducting lead-based paint activities contained in §295.212 of this title (relating to Standards for Conducting Lead-Based Paint Activities), and other such standards developed by EPA and HUD. 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.

Cont'd...

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