DIVISION 68
ACCREDITATION OF TRAINING PROGRAMS FOR
PROFESSIONALS ENGAGED IN LEAD-BASED
PAINT ACTIVITES
333-068-0005
Authority, Purpose, Scope
(1) Authority. These rules are promulgated in accordance with and under the authority of ORS 431.920.
(2) Purpose. These rules prescribe the requirements for accredited training programs to ensure a properly trained workforce to perform inspection, risk assessment and abatement of hazards associated with lead-based paint. These rules are designed to ensure that good quality training is available to those who need or want to have training in lead-based paint inspection, assessment or abatement activities.
(3) Scope.
(a) A training program may seek accreditation to offer lead-based paint activity courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer, and abatement worker. A training program accredited in a discipline may also seek accreditation to offer refresher courses for the discipline.
(b) These rules prescribe the requirements for training programs to provide, offer, or claim to provide Health Division accredited lead-based paint activities courses .
(c) These rules prescribe those actions or circumstances that constitute failure to achieve or maintain competency, or that otherwise are contrary to the public interest, for which the Health Division may deny, suspend, or revoke accreditation.
(d) These rules provide criteria for the certification by the Health Division and licensure by the Construction Contractors Board of persons and the firms employing persons who have completed accredited training.
(e) These rules establish fees to the extent necessary to defray costs of those activities prescribed herein.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97
333-068-0010
Adoption By Reference
All standards, listings and publications referred to in these rules are by those references made a part of these rules as though fully set forth.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97
333-068-0015
Definitions
As used in these rules unless otherwise required by context:
(1) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards including , but not limited to:
(a) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the
removal or covering of lead-contaminated soil; and
(b) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures;
(c) Specifically, abatement includes, but is not limited to:
(A) Projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that results in permanent elimination of lead-based paint hazards or designed to permanently eliminate lead-based paint hazards and described in subsections (1)(a) and (1)(b) above.
(B) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by certified and licensed firms or individuals, unless such projects are covered under subsection (1) (d ) of this definition.
(c) Projects resulting in the permanent elimination of lead-based paint hazards; conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities, unless such projects are covered under subsection (1)(d) of this section.
(d) Projects resulting in the permanent elimination of lead-based paint hazards, that are conducted in response to State or local abatement orders.
(e) Abatement does not include renovation, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.
(2) "Accreditation" means the process whereby the Division has reviewed and approved a training provider's written application with associated materials for accreditation, and has conducted an on site audit finding the training program incompliance as specified in these rules.
(3) "Accredited Training Program" means a training program accredited by the Health Division to provide training for individuals engaged in lead-based paint activities.
(4) "Accredited Training Provider" means an individual, corporation, partnership or other unincorporated association or public entity to which the Division has approved accreditation or provisional accreditation to offer one or more lead-based paint courses.
(5) "Administrator" means the Assistant Director for Health of the Department of Human Services.
(6) "Approved" means approved in writing by the Health Division.
(7) "Certified" means successful completion of a training program accredited by the Health Division, passage of a certification examination administered by the Division and satisfaction of any other requirements for the appropriate discipline, and submittal and approval of the appropriate application by the Division for inspection, risk assessment or abatement activities in target housing and child occupied facilities.
(8) "Certified firm" means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities that the Division has issued a certificate under OAR 333-069-0005 through OAR 333-069-0090.
(9) "Clearance levels" are values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity.
(10) "Contact hour" means 60 minutes of lead-based paint related training which may include a break of not more than ten minutes.
(11) "Course Completion Document" means documentation issued by an accredited training provider to an individual as proof of successful completion of a Division approved lead-based paint course or refresher training course.
(12) "Demonstration testing" means the observation and scoring of a student's job task and equipment use skills taught during a course or refresher training course.
(13) "Discipline" means a specific type or category of lead-based paint activity.
(14) "Division" means the Health Division of the Department of Human Services.
(15) "Guest instructor" means an individual who is responsible for providing less than 30% of training in any course.
(16) "Hands-on training" means training during which students practice skills that they will be expected to perform at the worksite.
(17) "Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report, in writing, explaining the results of the investigation.
(18) "Inspector" means an individual who is certified by the Division to conduct in target housing and child occupied facilities a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report, in writing, explaining the results of the investigation; and to collect dust-wipe and soil samples incidental to post-abatement clearance testing, in accordance with 333-069-0070.
(19) "Instructor" means an individual who is responsible for providing 30% or more of training in any course.
(20) "Interactive/participatory teaching methods" mean instruction which consists of active participation of the students, such as brainstorming, hands-on training, demonstration and practice, small group problem-solving, learning games, discussions, risk mapping, field visits, walk-throughs, problem-posing, group work assignments, homework review sessions, question-and-answer periods, skits, or role-playing sessions. Lecture is not considered an interactive/participatory teaching method.
(21) "Job tasks" mean the specific activities performed in the context of work.
(22) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.
(23) "Lead-based paint activities" means, in the case of target housing and child-occupied facilities, inspection, risk-assessment, and abatement.
(24) "Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces or impact surfaces that would result in adverse human health effects.
(25) "Licensed" means a person who has been certified by the Health Division in one or more disciplines and has completed the requirements of the Construction Contractors Board.
(26) "Person" means individuals, corporations, associations, firms, partnerships and joint stock companies as well as public entities of any character.
(27) "Principal Instructor" means the individual who has the primary responsibility for organizing and teaching a particular course.
(28) "Proficiency Test" means any alternative to a conventional written examination that is used to measure a trainee's mastery of course content. An oral examination offered to a trainee with a manual disability is an example of a proficiency test.
(29) "Provisional accreditation" means the Division has reviewed and finds acceptable a training provider's written application for accreditation, but has not conducted an on-site audit as specified in these rules.
(30) "Project Designer" means an individual who is certified by the Division and licensed by the Construction Contractors Board to interpret lead inspection or risk assessment reports and to develop plans, specifications, and project procedures for a lead abatement projects in target housing and child occupied facilities, including, occupant notification and protection, clean-up and clearance, and abatement reports.
(31) "Refresher training course " means a minimum 7 hour training course (or 4 hours for Project Designer) accredited by the Health Division to update an individual's knowledge and skills in the discipline in which training is offered.
(32) "Risk assessment" means an on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards, and the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based hazards.
(33) "Risk Assessor" means an individual who is certified by the Division and licensed by the Construction Contractors Board to conduct in target housing and child occupied facilities on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards, and to provide a report explaining the results of the investigation and options for reducing lead-based hazards; and who may conduct a lead-hazard screen, in accordance with 333-069-0070.
(34) "Sample quality control" means a plan or design which ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or film samples. Sample quality control also includes provisions for representative sampling and control samples.
(35) "Supervisor" means an individual who is certified by the Division and licensed by the Construction Contractors Board to either conduct or oversee and direct the work-site conduct of lead-based paint abatement and clearance activities in target housing and child occupied facilities, and to prepare occupant protection plans and abatement reports in accordance with 333-069-0070.
(36) "These Rules" means OAR 333-068-0005 through 333-068-0070.
(37) "Train-the-trainer course" means a course that includes, but is not limited to, instruction in the planning and teaching of adult education, adult learning principles, designing training objectives, selecting and designing training activities, creating an effective learning environment, facilitating group involvement and discussions, and strategies for dealing with difficult training situations and difficult learners.
(38) "Training Manager" means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors.
(39) "Worker" means an individual who is certified by the Division and licensed by the Construction Contractors Board to conduct to perform work site lead-based paint abatement activities in target housing and child occupied facilities in accordance with 333-069-0070.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97
333-068-0020
Accreditation Required
(1) No person shall provide, offer, or claim to provide an accredited lead-based paint activities course unless the person has received accreditation or provisional accreditation from the Division.
(2) Curriculums may be accredited for the inspector, risk assessor, abatement worker, supervisor, and project designer training courses or for refresher training courses within the same disciplines.
(3) Only accredited or provisionally accredited training providers are eligible to offer refresher training courses for lead-based paint discipline courses.
(4) To qualify for and maintain accreditation, a training provider shall:
(a) Propose and offer at least one accredited or provisionally accredited lead-based paint training course.
(b) Conform with personnel, operational and curriculum requirements.
(c) Comply with accreditation application and procedural requirements.
(5) The Division shall review and approve or deny accreditation, provisional accreditation, or renewal of accreditation of any applicant.
(a) If approved, a written notice shall be sent to the applicant.
(b) If denied, the Division shall state, in writing, the reasons for denial. An applicant may reapply for accreditation of the same course after a period of thirty days from the date the application was disapproved.
(6) Provisional status shall be removed upon an on-site audit stating that requirements for Division approval are satisfied.
(a) A provisional accredited or accredited training provider shall permit the Division to conduct an audit without charge to the Division.
(b) Advance notice shall not be required prior to conducting an audit.
(c) An audit shall be performed on site and shall include, but not be limited to, a review of: records, including course completion forms and attendance records; facilities; instructional curriculum; examination design, administration and security procedures, and results, including those of demonstration testing; classroom instruction; audio-visual materials; course content; and
coverage.
(7) Accreditation must be obtained and maintained for each training course and refresher training course.
(8) Accreditation shall be valid for 1 year, must be renewed annually, and shall not be transferrable.
(9) The provider of a provisionally accredited or of an accredited training course shall submit for review a written description of changes in method or content that affect one half hour or more of contact instruction.
(10) A provider of an accredited training course may not implement changes in method or content that affect one half hour or more of contact instruction without prior approval of the Division.
(11) An accredited or provisionally accredited training provider shall permit the Division to conduct unannounced on-site audits at any time.
(12) An accredited or provisionally accredited training provider shall notify the Division within 30 days of a change of address.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97
333-068-0025
Application
(1) Submittal of a completed application for course accreditation or renewal shall include:
(a) Name, address, and phone number of training provider and training program manager.
(b) List of course(s) for which accreditation is being applied.
(c) Training program manager signed statement certifying each instructor meets qualifications under OAR 333-068-0030 in these rules, as well as, a list of the topics/skill areas to be taught by each instructor.
(d) A copy of the entire course or refresher course instruction curriculum, including, but not limited to: learning objectives; documentation of course agenda with time allocation for each course topic and sequence of topics to be covered during the course(s); student and instructor manuals, handouts, quizzes and homework.
(e) Copy of the test blueprint describing the portion of test questions devoted to each major course topic.
(f) Description of the classroom and field site training facilities, equipment for lecture and hands-on training and equipment storage.
(g) Description of the procedures for conducting the assessment of the hands-on skills and evaluation testing of trainees ability to perform work practices.
(h) A copy of the quality control plan developed by the training manager. The plan shall be used to maintain and improve the training program and contain at least the following elements:
(A) Procedures for periodic revision of training materials and course test to be current with innovations in the field.
(B) Procedures for the training manager's annual review of principle instructor competency.
(i) An example of numbered certificates to be issued to students who successfully complete the training course.
(j) Description of record keeping procedures.
(k) Schedule of anticipated course dates and location(s).
(l) Description of the amount of time and type of hands-on training including student-to-instructor ratio during hands-on training.
(m) Description of the teaching methods to be used for each major topic and for hands-on training.
(n) Description of the audio/visual aids to be used for each major topic.
(2) The program application materials shall demonstrate that it meets the minimum requirements for each discipline for which the program is seeking accreditation.
(3) Documentation of compliance with Administrative Rules for radioactive lead detection devices in accordance with OAR 333-102-0200 which includes, but is not limited to, licensing, storage, and use requirements shall be provided.
(4) Documentation of accreditation by other state or federal agencies, if applicable.
(5) When renewing accreditation, the training provider shall submit a completed application form and required documentation, except for unchanged information and documentation that was submitted with the original application.
(6) When seeking accreditation to offer an additional course, the training provider shall submit a completed application form and required documentation, except for unchanged information and documentation submitted with the original application for accreditation.
(7) The Division may disapprove an application for accreditation or renewal of a training course for any of the following reasons:
(a) Failure to complete application in accordance with Division policy or instructions.
(b) Failure to meet minimum curriculum standards as set forth in these rules.
(c) Failure to meet minimum operational standards as set forth in these rules.
(d) Failure to pass a field audit conducted in accordance with Division policy and procedures and based upon OAR 333-068-0040.
(8) A training provider whose application for accreditation or renewal of a training course has been disapproved by the Division may submit another application for accreditation or renewal of the course after a period of thirty days from the date the application was disapproved.
(9) The Division may withdraw provisional approval of a training program following the failure of a field audit of that course. If provisional approval is withdrawn by the Division, the training provider is required to receive written permission from the Division before continuing to offer the course for which provisional approval has been withdrawn.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97
333-068-0030
Minimum Personnel Requirements
(1) The training program shall be administered by a training manager having the following minimum qualifications:
(a) Two years of experience administering training programs or two years of experience teaching or training adults;
(b) Successful completion of a 40 hour train-the-trainer course that provides instruction in the planning and teaching of an adult education course, or has obtained a bachelor's or graduate level degree in adult education from an accredited college or university;
(c) A bachelor's or graduate degree in building construction technology , engineering, industrial hygiene, safety, public health, education, business administration or program management including: lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene;
(d) Successful completion of at least 16 contact hours of lead-based paint training from any of the required topics listed in OAR 333-068-0040.
(2) Each training program shall be taught by a principal instructor who shall be responsible for the organization of the course, teaching of all course material, may deliver course content and has the following minimum qualifications:
(a) Has completed a 40-hour train-the-trainer course that provides instruction in the planning and teaching of any adult education course, or has obtained a degree in adult education from an accredited college or university, or has at least 2 years of classroom experience in teaching workers or adults;
(b) Successful completion of at least 16 contact hours lead-based paint training from any of the required topics listed in OAR 333-068-0040;
(c) Demonstrated 1 year of experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene. Except, that instructors of hands-on training must have two years of such experience; and
(d) Successful completion of seven contact hours of a Division accredited refresher training instruction annually.
(3) Only a principal instructor receiving a satisfactory annual performance review by the training manager shall provide course or refresher training, unless the instructor is also the training manager.
(4) The training manager may designate guest instructors as needed for teaching particular skills specific to the lecture, hands-on activities, or work practice components of a course.
(a) Each qualified guest instructor shall have a minimum of one year of experience related to the subject matter that they teach.
(b) Except that, guest instructors of hands-on training shall have a minimum of two years of lead-based paint activities experience.
(5) The maximum student:instructor ratio shall be 30:1 for classroom training and 10:1 for hands-on instruction.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97; OHD 1-1999, f. &
cert. ef. 1-19-99
333-068-0035
Minimum Operation Requirements
(1) The training program shall have available and provide adequate facilities for delivery of the lecture, hands-on training and assessment activities. This includes training equipment that reflects current work practices, and maintaining or updating the equipment and facilities as needed.
(2) For each course offered, the training program shall conduct at the completion of each course a course test composed of questions relevant to the objectives of the course and, if applicable, a hands-on skills assessment, or in the alternative, a proficiency test for that discipline.
(a) The written course examination shall contain a minimum of 50 questions, which shall be presented in multiple-choice format.
(b) A member of the training staff or a designated proctor must remain in the room where the examination is being administered until all trainees have completed the exam.
(c) Each trainee must successfully complete the hands-on skills assessment and receive a passing score on the written course test to pass any course, or successfully complete a proficiency test.
(d) The hands-on skill assessment is an evaluation of the effectiveness of the hands-on training which shall test the ability of the trainees to demonstrate satisfactory performance of work practices and procedures in OAR 333-069-0070, as well as any other skills demonstrated in the course.
(3) The training manager is responsible for maintaining the validity and integrity of the hands-on skills assessment or proficiency test to assure that it accurately evaluates the trainee's performance of the work practices and procedures associated with the course topics.
(4) The training manager is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainee's knowledge and retention of the course topics.
(a) The course test is an evaluation of the overall effectiveness of the training which shall test the trainee's knowledge and retention of the topics covered during the course. A score of 70 percent is considered passing the course test.
(b) The course test shall be developed in accordance with the test blueprint submitted with the training course accreditation application.
(5) Training programs shall issue unique course completion certificates to each individual who successfully completes the course requirements. The course completion certificate shall include:
(a) The name, a unique identification number, and the individual's address;
(b) Name of particular course completed;
(c) Dates of course completion/test passage;
(d) Expiration date of certification, which shall be 6 months from date of course completion;
(e) Name, address, and telephone number of training program
(6) The training manager shall develop and implement a quality control plan to be used to maintain or improve the quality of the training program and contain at least:
(a) Procedures for periodic revision of training materials and course test to reflect innovations in the field; and
(b) Procedures for training manager's annual review of instructor competency.
(7) The training manager shall offer courses which teach the work practice standards, testing criteria and field measurements for conducting lead-based paint activities and other lead-based paint standards that are at least as protective of the environment and of public health as those developed by the Environmental Protection Agency (EPA), and in accordance with worker safety requirements of OR-OSHA, and based on principles and practices determined to protect the environment and human beings from exposure to lead contaminants. 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
(8) The training manager shall be responsible for ensuring that the training program complies at all times with the accreditation regulations.
(9) The training manager shall provide the Division with a current listing of training courses including the date, time and location of scheduled lead-based paint training courses.
(10) The training manager shall permit the Division to conduct a course audit without charge to the Division.
(a) Advance notice shall not be required prior to conducting a course audit to verify the contents of the application for accreditation.
(b) A course audit shall be performed on site and shall include, but not be limited to, a review of: instructional curriculum; examination design, administration and security procedures, and results, including those of demonstration testing; classroom instruction; audio-visual materials; course content; coverage; teaching facilities, and equipment licensure.
(11) An accredited training provider shall maintain in Oregon for at least 7 years at the principal place of business, accurate records of attendance; examination results including demonstration testing; completed course forms; and training director, instructor and guest instructor qualifications.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97
333-068-0040
Minimum Curriculum Requirements
(1) The Inspector course shall consist of a minimum of 24 contact hours. At least 10 of the 24 required contact hours shall be taught using interactive/participatory teaching methods which includes a minimum 8 hours hands-on training.
(a) Classroom instruction shall include, but not limited to:
(A) Roles and responsibilities of lead-base paint inspector including qualifications and conflicts of interest.
(B) One contact hour of background information on lead, including but not limited to, identification of environmental lead sources such as surface dust, soil, water, air and food; history of uses and locations of lead and leaded paint in buildings; lead dust and paint characteristics; and summary of abatement control options.
(C) One contact hour of adverse health effects of lead exposure, including but not limited to, nature of lead-related diseases; pathways of exposure and how exposure occurs; dose-response relationships; Permissible Exposure Limit (PEL); blood lead levels in children and adults; effects on nervous, male and female reproductive, musculoskeletal, cardiovascular, and blood-forming systems and kidneys; different effects on children and adults including women and the fetus during pregnancy; symptoms and diagnosis of lead poisoning and reportable blood lead levels; how lead in the body is absorbed, distributed and eliminated; medical treatment for lead poisoning including but not limited to chelation therapy.
(D) One contact hour on regulatory review and background information of relevant federal, state, and local regulations including guidance that pertains to lead-based paint and lead-based paint activities.
(E) At least one contact hour on radiation information and safety training requirements including but not limited to:
(i) The Oregon radiation safety training requirements.
(ii) Ionization radiation including atomic structure, units of radiation, radioactivity, radioactive decay, ionization, radiation absorption in matter, and radiation detection.
(iii) safe use of X-ray florescent (XRF) analyzers, including direct and indirect analyzers and limitations, transportation, storage, records, record keeping and licensing requirements.
(F) At least 2 contact hours on lead-based paint respiratory protection and personal protective training that conforms with OAR 437-003-1926(62)
(G) At least 6 contact hours on inspection work practice standard tasks including, but not limited to:
(i) Legal responsibilities and insurance issues including liabilities, errors and omissions, and bonding.
(ii) Formulation of a testing plan for multi-family dwellings and single family target housing and child occupied facilities, including notification of property owner and occupants, building access, and use of warning signs.
(iii) Investigation protocol, sample collection including equipment, procedures, quality assurance, contamination factors before, during and after abatement as set forth in HUD's " Guidelines for the Evaluation and Control of Lead-based Paint Hazards in Housing" and EPA 747-R-95-001 "Residential Sampling of Lead: Protocols for Dust and Soil sampling" March 1995.
(iv) Sample analysis and quality assurance procedures including National Lead Laboratory Accreditation Program (NLLAP) recognized laboratories to test paint, dust, soil and other media.
(b) Hands on training shall include performance of tasks including but not limited to:
(A) Lead-based paint inspection methods including selection of rooms and components for sampling or testing.
(B) Paint, dust and soil sampling methodologies.
(C) Clearance standards and testing, including random sampling.
(D) Preparation of a final inspection report.
(2) The Risk assessor course shall consist of a minimum of 40 contact hours which includes a 24 contact hour Inspector course. At least 16 of the 40 required contact hours shall be taught using inter active/participatory teaching methods which includes a minimum 12 hours of hands-on training.
(a) Classroom instruction shall include, but not limited to:
(A) Role and responsibilities of a risk assessor including risk assessor qualifications, legal obligations, conflicts of interest, and insurance issues.
(B) Collection of background information to perform a risk assessment
(C) Sources of environmental lead contamination exposure sources including paint, surface dust and soil, water, air, packaging, and food.
(D) Risk assessment report form;
(E) Lead hazard screen protocol;
(F) Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead-based paint hazards.
(G) Preparation of a final risk assessment report;
(H) Record keeping;
(I) At least 9 contact hours on lead hazard screen and risk assessment work practice standard tasks for target housing and child-occupied facilities.
(b) Hands on training shall include performance of tasks including but not limited to:
(A) Visual inspections for the purposes of identifying potential lead-based paint hazard sources;
(B) Sampling for other sources of lead exposure;
(C) Interpretation of lead-based paint and other lead sampling results including all applicable state or Federal guidance or regulations pertaining to lead-based paint hazards.
(3) The Supervisor course shall consists of at least a minimum of 32 contact hours. At least 13 of the 32 required contact hours shall be taught using interactive/participatory teaching methods which includes a minimum 8 hours hands-on training.
(a) Classroom instruction shall include, but not limited to:
(A) Roles and responsibilities of lead-based paint supervisor including supervisor qualifications, legal obligations, conflicts of interest, and abatement liability and insurance issues.
(B) Background information on lead, including but not limited to, identification of environmental lead sources such as surface dust, soil, water, air and food; history of uses and locations of lead and leaded paint in buildings; lead dust and paint characteristics; and summary of abatement control options.
(C) Adverse health effects of lead exposure, including but not limited to, nature of lead related diseases; pathways of exposure and how exposure occurs; dose-response relationships; Permissible exposure limit (PEL); blood lead levels in children and adults; effects on nervous, male and female reproductive, musculo-skeletal, cardiovascular, and blood-forming system and kidneys; different effects on children and adults including women and the fetus during pregnancy; symptoms and diagnosis of poisoning and reportable blood lead levels; how lead in the body is absorbed, distributed and eliminated; medical treatment for lead poisoning including but not limited to chelation therapy.
(D) Regulatory review and background information of relevant federal, state, and local regulations including guidance that pertains to lead-based paint and lead-based paint activities.
(E) At least 2 contact hours on lead-based paint respiratory protection and personal protective training that conforms with OAR 437-003-1926(62).
(F) Identification and prevention of hazards encountered during lead-based paint activities including potential lead hazard exposure; prevention of lead dust contamination; emergency procedures for sudden releases and electrical, heat stress, fire, explosion and other hazards, chemical air contaminants, and disturbance of friable asbestos.
(G) Record keeping.
(H) Personal hygiene, including entry and exit procedures for the work area, use of showers, avoidance of eating, drinking, smoking, chewing, and applying cosmetics in the work or changing area, avoidance of take-home exposures.
(I) Medical monitoring requirements discussion of need for medical monitoring of lead toxicity and disclosure of lead related medical history and treatment of lead poisoning cases including medical removal and issues involved in selecting medical services.
(J) Hazard communication with property owner, occupants and neighbors relative to the reduction or elimination of lead sources at the job site.
(K) Development and implementation of an occupant protection plan and abatement report;
(L) Clearance standards and testing;
(M) Clean-up and waste disposal;
(N) Record keeping;
(O) At least 6 contact hours on supervisor work practice standard tasks including but not limited to:
(i) Interior and exterior leaded paint, soil and dust abatement methods, including chemical, enclosure, manual, mechanical, blasting, and encapsulation; removal and demolition; ventilation and engineering controls; management in place; and clean-up techniques, including high efficiency particulate air (HEPA) vacuums and negative air machines, as described in HUD's "Guidelines for the Evaluation and Control of Lead-based Paint Hazards in Housing."
(ii) Construction and maintenance of containment barriers.
(iii) Warning signs and their placement.
(iv) Electrical and ventilation system lockout and hazardous and non-hazardous waste characterization and disposal.
(b) Hands on training shall include performance of tasks including but not limited to:
(A) Risk assessment and inspection report interpretation;
(B) Hazard recognition and control;
(C) Respiratory protection & protective clothing;
(D) Lead paint abatement or lead hazard reduction including prohibited methods;
(E) Interior dust abatement/clean-up or lead hazard reduction;
(F) Soil & exterior dust abatement or lead hazard reduction;
(4) The Project Designer course shall consist of at least a minimum of 40 contact hours which includes a 32 contact hours supervisor. At least 16 of the 40 required contact hours shall be taught using interactive/participatory teaching methods which includes a minimum 8 hours hands-on training and shall include, but not limited to:
(a) 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 projects.
(d) Interior dust abatement/clean-up or lead hazard control and reduction methods for large scale projects.
(e) Clearance standards and testing for large scale projects.
(f) Integration of lead-based paint abatement methods with modernization and rehabilitation projects for large scale abatement projects.
(5) The Abatement Worker course shall consist of at least a minimum of 16 contact hours. At least 8 of the 16 required contact hours shall be taught using interactive/participatory teaching methods which includes a minimum 8 hours hands-on training.
(a) Classroom instruction shall include, but not limited to:
(A) Role and responsibilities of an abatement worker.
(B) One contact hour of background information on lead, including but not limited to, identification of environmental lead sources such as surface dust, soil, water, air and food; history of uses and locations of lead and leaded paint in buildings; lead dust and paint characteristics; and summary of abatement control options.
(C) One contact hour of adverse health effects of lead exposure, including but not limited to, nature of lead related diseases; pathways of exposure and how exposure occurs; dose-response relationships; Permissible exposure limit (PEL); blood lead levels in children and adults; effects on nervous, male and female reproductive, musculo-skeletal, cardiovascular, and blood-forming system and kidneys; different effects on children and adults including women and the fetus during pregnancy; symptoms and diagnosis of poisoning and reportable blood lead levels; how lead in the body is absorbed, distributed and eliminated; medical treatment for lead poisoning including but not limited to chelation therapy.
(D) One contact hour on regulatory review and background information of relevant Federal, State, and local regulations including guidance that pertains to lead-based paint and lead-based paint activities.
(E) Identification and prevention of hazards encountered during lead-based paint activities including potential lead hazard exposure; prevention of lead dust contamination; emergency procedures for sudden releases and electrical, heat stress, fire, explosion and other hazards, chemical air contaminants, and disturbance of friable asbestos.
(F) At least 6 contact hours on lead-based paint abatement work practice standard tasks including, but not limited to:
(i) Interior and exterior leaded paint, soil and dust abatement methods, including chemical, enclosure, hand, mechanical, blasting, encapsulation, and management in place, and clean-up techniques, including high efficiency particulate air (HEPA) vacuums and negative air machines, as described in HUD's " Guidelines for the Evaluation and Control of Lead-based Paint Hazards in Housing."
(ii) Construction and maintenance of containment barriers.
(iii) Warning signs and their placement.
(iv) Electrical and ventilation system lockout and hazardous and non-hazardous waste characterization and disposal.
(G) Record keeping.
(H) At least 2 contact hours on lead-based paint respiratory protection and personal protective training that conforms with OAR 437-003-1926(62).
(I) Personal hygiene, including entry and exit procedures for the work area, use of showers, avoidance of eating, drinking, smoking, chewing, and applying cosmetics in the work or changing area, avoidance of take-home exposures.
(J) Medical monitoring requirements discussion that shall include, but not be limited to, the need for medical monitoring of lead toxicity; the disclosure of lead-related medical history; and the treatment of lead poisoning cases, including issues of medical removal and of selecting medical services.
(K) Hazard communication with property owner, occupants and neighbors relative to the reduction or elimination of lead sources at the job site.
(b) Hands on training shall include performance of tasks including but not limited to:
(A) Lead-based paint hazard recognition and control;
(B) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices.
(C) Interior dust abatement/clean-up methods or lead hazard reduction;
(D) Soil & exterior dust abatement methods or lead hazard reduction;
(E) Waste disposal.
(6) With the exception of respiratory protection and personal protective equipment training, which is required under these rules according to OR-OSHA guidelines, course content may, but is not required by the Division to, include subject matter required by OR-OSHA rules on any of the subjects contained in this section. OR-OSHA requires the following for lead-based paint training: OAR 437-003-1926(62)(a) through (h) and Appendices.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97
333-068-0045
Minimum Requirements for Accreditation of Refresher Training Course
(1) Refresher training shall only be provided by an accredited training provider for the same course discipline.
(2) Refresher training course shall consist of at least 7 contact hours of training except for the project designer refresher course which shall consist of at least 4 contact hours of training
(3) Each refresher training course shall review the curriculum topics of the respective accredited or provisionally accredited lead-based paint training course and include, but not limited to:
(a) An overview of current lead-based paint safety practices in general, as well as, specific safety practices for the refresher discipline.
(b) An update on current federal, state, and local lead-based paint laws and regulations in general, as well as, specific laws and regulations applicable to the discipline.
(c) An update on current technologies relating to lead-based paint activities in general, as well as, specific information pertaining to the discipline.
(4) Each student shall be required to pass a course test and a hands-on assessment (if applicable) covering course topics and upon passing the student shall be provided with a course completion certificate.
(5) The training program shall conduct a hands-on assessment, if applicable, and a course completion test for each course offered.
(6) At least 40% of refresher education instruction shall be taught using interactive/participatory teaching methods, except for refresher education instruction for lead abatement workers, which shall be taught using at least 50% interactive/participatory teaching methods.
(7) A training program seeking accreditation of a refresher course shall submit a written application including:
(a) Name, address, and telephone number.
(b) List of course(s) for which accreditation application is being made.
(c) A copy of student manuals and instructor manuals to be used for each course.
(d) A copy of the course agenda for each course.
(e) Also include with the application for accreditation documentation that complies with OAR 333-068-0030(1) through (4) of these Administrative Rules.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97
333-068-0050
Renewal of Training Program
(1) If a training program meets the regulations for accreditation the program shall be re-accredited. Unless renewed, a training program accreditation shall expire one year from date of issuance and shall not be transferable.
(2) Renewal applications shall be received no later than 45 days before accreditation expires.
(3) The application shall contain:
(a) The training program's name, address, and telephone number.
(b) List of courses for which it is applying for re-accreditation.
(c) Description of any changes or updates to the training facility or equipment.
(d) The certified statement as described in OAR 333-069-0050(4) below.
(4) The training program's application for re-accreditation shall contain a statement signed by the training program manager which certifies that:
(a) The course materials, for each course, meet the minimum training curricula requirements, as appropriate.
(b) The training manager, principal instructors, and guest instructors meet the qualifications in OAR 333-068-0030(1) through OAR 333-068-0030(4).
(c) The training program manager complies at all times with all requirements in OAR 333-068-0030 of these rules.
(d) The quality control program meets the requirements in OAR 333-068-0025(h) of these rules.
(e) The record keeping and reporting requirements of OAR 333-068-0065 shall be followed.
(5) An audit may be performed by the Division to verify the certified statement and the contents of the application.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97
333-068-0055
Suspensios, Revocation and Modification of Accredited Training Course Curriculum
(1) The Division may after notice and a hearing suspend, revoke, or modify training program accreditation if a training program provider, training manager, or other person with supervisory authority over the program has:
(a) Misrepresented the contents of the training course to the Division and/or student population;
(b) Failed to submit required notifications in a timely manner;
(c) Failed to maintain required records;
(d) Falsified accreditation records, instructor qualifications, or other accreditation information;
(e) Failed to comply with the training standards and requirements for accreditation of training programs or to deliver the course according to the content and format described in the training provider's application for accreditation and granted provisional approval by the Division.
(f) Failed to comply with Federal, state or local lead-based paint statutes or regulations
(2) In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations
(3) Training programs shall permit representatives of the Division to attend any training course for the purpose of evaluation or monitoring of the course without charge
(4) Prior to suspending, revoking, or modifying an accreditation of a training program the program shall be notified in writing of procedures in accordance with ORS 183.310 to 183.550.
(5) A training provider, for whom the Division has suspended or revoked a training course, must initiate a new application process with the Division for re-instatement of the training program and may do so after 45 days following the date of the suspension or revocation.
(6) The Division shall maintain a list, available to the public, of parties whose accreditation has been suspended, revoked, or modified.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97
333-068-0060
Training Course Record-Keeping
(1) Accredited training programs shall maintain, and make available to the Division if requested, the following records:
(a) All documents specified in OAR 333-068-0030 that demonstrate the qualifications listed in 333-068-0030(2), (3), and (4) for training manager, principal instructors, and work practice instructors.
(b) Current curriculum, course materials and documents reflecting any changes made to these materials.
(c) Course test blueprint.
(d) Information on how hands on assessment is conducted including, but not limited to, who conducts the assessment, how skills are graded, what facilities are used, and the pass/fail rate.
(e) The quality control plan.
(f) Results of student's hands-on skills assessments and course tests and a copy of each student's course completion certificate.
(g) Any other material submitted as part of the program's application for accreditation.
(2) All training course records shall be retained a minimum 7 years at the location
specified on training course accreditation application.
(3) The Division shall be notified 30 days prior to a change of a training provider's business address or to the transfer of records to a location other than that specified on the training course accreditation application.
(4) Accredited or provisionally accredited training providers shall provide the Division with a course roster of persons who have successfully completed the training course within 30 days of course completion.
(5) Accredited or provisionally accredited training providers shall notify the Division with the location and dates of each course a minimum of 30 days prior to course starting date.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97
333-068-0065
Fees
The following fees are established :
(1) A non-refundable application fee of $750 for accreditation of a standard lead-based paint Inspector or Supervisor training course and $500 for accreditation of a standard lead-based paint Risk Assessor or Worker training course; a non-refundable application fee of $600 for a refresher training course covering more than two disciplines; and a non-refundable application fee of $500 for an Inspector or Supervisor refresher training course; and $350 for a Risk Assessor or a Worker refresher training course.
(2) A non-refundable annual renewal application fee of $300 for accreditation of standard lead-based paint training course for each discipline; a non-refundable annual renewal application fee $200 for a refresher training course covering more than two disciplines; and a non-refundable annual renewal application fee of $100 for a refresher training course covering up to two disciplines.
(3) For initial accreditation application, the following non-refundable fees shall apply for each standard training or refresher training course: Training manager: $175; Each additional instructor or guest instructor: $90.
(4) For annual renewal accreditation application, the following non-refundable fees shall apply for each standard training or refresher training course: Training manager: $100; Each additional instructor or guest instructor: $50.
(5) Applicants for accreditation shall pay no more than the maximum, single Training Manager fee eachTraining Manager. An additional Instructor or Guest Instructor fee shall be paid for every training course that is taught by the Training Manager.
Stat. Auth.: ORS 431.920
Stats. Implemented: ORS 431.920
Hist.: HD 19-1997, f. & cert. ef. 12-12-97; OHD 1-1999, f. &
cert. ef. 1-19-99
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