SECTION 295.204. Accreditation 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.

(11) The training manager shall be responsible for ensuring that the training program complies at all times with all of the requirements in subsection (e) of this section.

(12) The training program manager shall allow the department to audit the training program at any reasonable time to verify the contents of the application for accreditation as described in subsection (c) of this section and to verify that the requirements of subsection (e) of this section are being met.

(13) The training program manager shall furnish the department with a copy of all scheduled courses and shall notify the department at least 24 hours in advance of any course cancellations or changes. Course schedules shall be postmarked or faxed to the department at least seven working days prior to conducting any course on the schedule. In the event that a training course must be scheduled immediately due to an emergency, notification to the department must be made as soon as possible, but no less than 48 hours prior to commencement of the course. Written justification for not notifying the department seven working days in advance must be provided with the emergency training request.

(14) The training program manager shall submit to the department a list of those individuals successfully completing a course including the name, social security number (optional) or other identifying information, and the date of course completion postmarked or faxed to the department within ten working days of the completion of the course.

(e) Minimum training curriculum requirements. To become accredited to offer lead-based paint activities instruction in the specific disciplines listed in paragraphs (1) - (5) of this subsection, training program providers must ensure that their courses of study include the following course topics. Requirements beginning with an asterisk (*) indicate areas that require hands-on activities as an integral component of the course.

(1) Lead inspector instruction:

(A) role and responsibilities of the inspector;

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

(C) background information regarding federal, state, and local regulations and guidance that pertain to lead-based paint and lead-based paint activities including the Texas Environmental Lead Reduction Rules;

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

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

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

(G) * preparation of the written final inspection report; and

(H) recordkeeping.

(2) Lead risk assessor instruction:

(A) role and responsibilities of the risk assessor;

(B) collection of background information to perform a risk assessment;

(C) sources of environmental lead contamination such as paint, surface dust and soil, water, air, packaging, and food;

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

(E) lead hazard screen protocol;

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

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

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

(I) preparation of a final risk assessment report.

(3) Lead abatement supervisor instruction:

(A) role and responsibilities of the supervisor;

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

(C) background information regarding federal, state, and local regulations and guidance that pertain to lead-based paint abatement including the Texas Environmental Lead Reduction Rules;

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

(E) contract specifications and cost estimation;

(F) community relations;

(G) project management and supervisory techniques;

(H) * risk assessment and inspection report interpretation;

(I) development and implementation of an occupant protection plan and abatement report;

(J) * lead-based paint hazard recognition and control;

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

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

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

(N) clearance standards and testing;

(O) cleanup and waste disposal; and

(P) recordkeeping.

(4) Lead abatement project designer instruction:

(A) role and responsibilities of the project designer;

(B) contract specifications and cost estimation for abatement projects;

(C) development and implementation of an occupant protection plan for abatement projects;

(D) lead-based paint abatement and lead hazard reduction methods, including restricted practices for abatement projects;

(E) interior dust abatement/cleanup or lead hazard control and reduction methods for abatement projects;

(F) clearance standards and testing for abatement projects; and

(G) integration of lead-based paint abatement methods with modernization and rehabilitation projects for abatement projects.

(5) Lead abatement worker instruction:

(A) role and responsibilities of the lead abatement worker;

(B) background information regarding lead and its adverse health effects;

(C) background information regarding federal, state, and local regulations and guidance that pertain to lead-based paint abatement including the Texas Environmental Lead Reduction Rules;

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

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

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

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

(f) Minimum requirements for the accreditation of refresher training program providers. A training program provider may apply for accreditation to teach as many different refresher training courses as it chooses. To teach an accredited refresher course, a training program provider must be accredited, or concurrently applying for accreditation, to provide instruction in the corresponding full course (e.g., lead-based paint inspector, abatement supervisor). To obtain department accreditation to offer refresher training, a training program provider must meet the following minimum requirements.

(1) Each refresher course shall review the curriculum topics of the full-length courses listed under subsection (e) of this section, as appropriate. In addition, to become accredited to offer refresher training courses, training programs shall ensure that their courses of study include, at a minimum, the following:

(A) an overview of current safety practices relating to lead-based paint activities in general as well as discipline-specific information;

(B) current laws and regulations relating to lead-based paint activities in general as well as discipline-specific information; and

(C) current technologies relating to lead-based paint activities in general as well as discipline-specific information.

(2) Each refresher course, except for the project designer course, shall last a minimum of eight training hours and shall include a hands-on skills assessment if required in the original course. The project designer refresher course shall last a minimum of four training hours and does not require a hands-on skills assessment.

(3) Each student shall be required to pass a course test that covers all of the topics contained in the course. Passing students shall be provided with a refresher course completion certificate.

(4) A training program provider seeking refresher course accreditation shall submit to the department a written application containing the following:

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

(B) a list of the refresher courses for which it is applying for accreditation;

(C) a copy of the table of contents and course-identifying cover sheet of the student and instructor manuals for each course;

(D) a statement signed by the training program manager certifying that the program complies at all times with all requirements of subsection (f) of this section; and

(E) the course test blueprint for each refresher course.

(5) If a training program provider applies for accreditation of a refresher course concurrently with its application for accreditation of the corresponding training course, the department shall use the approval procedure described in subsection (c) of this section.

(6) If an application for refresher training accreditation is received apart from an application for accreditation as described in subsection (c) of this section, the department shall approve or disapprove a request for refresher training accreditation within 90 days of receiving a complete application. Upon approval, a certificate of refresher training accreditation shall be sent to the applicant within 30 days. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. The department may, at its discretion, work with training program providers to address inadequacies in the application for refresher accreditation. If a training program provider's application is disapproved, the training program provider may reapply at any time after the reason for disapproval has been corrected.

(g) Re-accreditation of training programs.

(1) A training program provider's accreditation that was issued prior to January 1, 2005, shall expire three years after the date of issuance. A training program provider's accreditation that was issued on or after January 1, 2005, shall expire two years after the date of issuance. If a training program meets the requirements of this section, the training program provider shall be re-accredited.

(2) A training program provider seeking re-accreditation shall submit an application to the department no later than 30 days before its accreditation expires. At least 60 days before the date an accreditation expires, the department, as a service to the accredited trainer, shall send a reminder notice to the accredited trainer, by first class mail to the last known address of the accredited trainer. Failure of the department to send the reminder notice creates no liability to the department and does not relieve the accredited trainer from paying the accreditation renewal fee in a timely manner. Training accreditations which have expired may be renewed under the following conditions:

(A) a training program whose accreditation has been expired for 90 days or less may renew the accreditation by paying to the department a renewal fee that is equal to 1-1/2 times the normally required fee;

(B) a training program whose accreditation has been expired for more than 90 days but less than one year may renew the accreditation by paying to the department a renewal fee that is equal to two times the normally required renewal fee; and

(C) a training program whose accreditation has been expired for one year or more may not renew the accreditation by paying a renewal fee only. To become re-accredited the training program must comply with the current requirements placed on a new applicant.

(3) The training program provider's application for re-accreditation shall contain:

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

(B) a list of courses for which it is applying for re-accreditation;

(C) a description of any changes or updates to the training facility or equipment since its last application was approved; and

(D) a certified statement signed by the program manager stating:

(i) the training program provider will at all times comply with all requirements in subsections (d) and (f) of this section; and

(ii) the recordkeeping and reporting requirements of subsection (j) of this section will be followed.

(4) The department may audit the training program provider at any reasonable time to verify the contents of the application for re-accreditation as described in paragraph (3) of this subsection.

(h) Suspension, deaccreditation, and modification of accredited training programs.

(1) The department may, after notice and an opportunity for hearing, suspend, deaccredit, or modify a training program provider's accreditation if a training program, training manager, or other person with supervisory authority over the training program has:

(A) misrepresented the contents of a training course to the department and/or the student population;

(B) failed to submit required information or 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 in this section;

(F) failed to comply with federal, state, or local lead-based paint statutes or regulations;

(G) made false or misleading statements to the department in its application for accreditation or re-accreditation which the department relied upon in approving the application; or

(H) failed to pay the annual fee.

(2) In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this subsection, evidence of a failure to comply with relevant statutes or regulations.

(i) Procedures for suspension, deaccreditation or modification of training program accreditation.

(1) When the department decides to suspend, deaccredit, or modify the accreditation of a training program, it shall notify the affected entity in writing of the following:

(A) the assertion of laws and facts upon which the suspension, deaccreditation, or modification is based;

(B) the commencement date and duration of the suspension, deaccreditation, or modification;

(C) actions, if any, which the affected entity may take to avoid suspension, deaccreditation, or modification, or to receive accreditation in the future;

(D) the opportunity and method for requesting a hearing prior to final departmental action to deaccredit, suspend, or modify accreditation; and

(E) any additional information, as appropriate, which the department may provide.

(2) If a hearing is requested by the accredited training program pursuant to subsection (h)(1) of this section, the person charged shall be given the opportunity for a hearing conducted in accordance with the department's Fair Hearing Procedures found at 25 TAC, §§1.51 - 1.55.

(j) Training program recordkeeping requirements.

(1) Accredited training program providers shall maintain and make available to the department, upon request, the following records:

(A) all documents specified in subsection (d)(4) of this section that demonstrate the qualifications listed in subsection (d)(1) - (3) of this section of the training manager and principal instructors;

(B) current curriculum/course materials and documents reflecting any changes made to these materials;

(C) the course test blueprint;

(D) information on how the hands-on assessment is conducted including, but not limited to, who conducts the assessment, how the skills are graded, what facilities are used, types of equipment used, and the pass/fail rate;

(E) the quality control plan as described in subsection (d)(9) of this section;

(F) results of each student's hands-on skills assessments and course tests, and a record of each student's course completion certificate and test passage date; and

(G) any other material not listed in subparagraphs (A) - (F) of this paragraph that was submitted to the department as part of the program's application for accreditation.

(2) The training program shall retain the records required by paragraph (1) of this subsection at the location (i.e., address) specified on the training program accreditation application (or as modified in accordance with paragraph (3) of this subsection) for a minimum of three years and six months.

(3) The training program shall notify the department in writing within 30 days of relocating its business or transferring the records.

Source Note: The provisions of this §295.204 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280; amended to be effective March 23, 2003, 28 TexReg 2347; amended to be effective January 1, 2005, 29 TexReg 11987