SECTION 296.73. Asbestos Training Courses

(a) General training requirements.

(1) The MAP requires that each of the approved training disciplines be separate and distinct from the others. Training courses for all disciplines must be in accordance with the MAP, except the Asbestos Air Monitoring Technician and Texas Asbestos Law and Rules courses, which are specific to Texas.

(2) Each initial and refresher training course, including hands-on-training, must be specific to a single discipline and not combined with other training.

(3) The Asbestos Air Monitoring Technician and Texas Asbestos Law and Rules courses are DSHS-approved courses and not MAP courses. To be applied toward DSHS license requirements, each course must be conducted by a DSHS-licensed asbestos training provider.

(4) A training certificate expires one year after the date upon which the person successfully completed the course. A person whose training certificate has expired must not engage in an activity for which a current training certificate is required under the MAP or this chapter until the training certificate is renewed. Training must be renewed annually by completing the appropriate refresher training course. The initial training course must be repeated if the refresher training course is not completed within one year after the expiration date of the training certificate.

(5) Initial and refresher training courses must be conducted as follows:

(A) one day of training must equal eight hours and include:

(i) at least 6 hours and 40 minutes of classroom instruction, hands-on training, and field trips (excluding field trip travel time); and

(ii) a maximum of 80 minutes for breaks and lunch; no more than four hours of instruction may be given without at least a 30-minute break;

(B) one-half day of training must be a minimum of four hours and include:

(i) at least 3 hours and 40 minutes of classroom instruction; and

(ii) a maximum of 20 minutes for breaks;

(C) trainees must not attend more than eight hours of classroom instruction, hands-on training, and field trips in a 24-hour period;

(D) evening instruction must not exceed 4 hours in any single session; and

(E) the course must be completed within 14 calendar days after the first class.

(6) A trainee may not complete the course if the trainee misses more than 10% of a training course.

(7) During hands-on training, each trainee must physically perform simulated activities specific to the asbestos training discipline. The simulated activities must not be asbestos-related activities for which licensure is required. Demonstrations and audiovisuals are not substitutes for required hands-on training.

(8) The student to instructor ratio during each course must be as follows:

(A) for initial courses:

(i) hands-on training activities must not exceed 15 to 1;

(ii) worker training course sessions must not exceed 25 to 1; and

(iii) all other training course sessions must not exceed 40 to 1;

(B) for refresher courses, sessions must not exceed 40 to 1.

(9) Methods of instruction.

(A) At least 50% of the classroom instruction must be presented by the instructor. Instructors must direct and oversee 100% of the hands-on training.

(B) Audiovisual materials are not substitutes for the instructor-led portion of the class.

(10) All training courses must be taught in English, except the Asbestos Abatement Worker course. The Asbestos Abatement Worker course may be taught in another language, provided the instructor is able to speak, read, and write effectively in that language, and training materials and examinations are in that same language.

(b) Initial training course requirements.

(1) Asbestos Abatement Worker course. The Asbestos Abatement Worker course must be at least four training days. This course must include lectures, demonstrations, at least 14 hours of hands-on training, individual respirator fit-testing, course review, and a written examination of 50 multiple-choice questions. Successful completion of the course will require passing the examination with a score of at least 70%. The course must adequately address the following in accordance with the MAP:

(A) the physical characteristics of asbestos, ACBM, and other ACM;

(B) potential health effects related to asbestos exposure;

(C) employee personal protective equipment;

(D) state-of-the-art work practices;

(E) personal hygiene;

(F) additional safety hazards;

(G) medical monitoring;

(H) air monitoring;

(I) relevant federal, Texas, and local regulatory requirements, procedures and standards;

(J) establishment of respiratory protection programs and medical surveillance programs;

(K) hands-on training that includes work area abatement preparation, decontamination chamber construction, cleaning and disposal, and respirator fit-testing and maintenance; and

(L) course review.

(2) Asbestos Contractor/Supervisor course. The Asbestos Contractor/Supervisor course must be at least five training days. The course must include lectures, demonstrations, at least 14 hours of hands-on training, individual respirator fit-testing, course review, and a written examination of 100 multiple-choice questions. Successful completion of the course will require passing the examination with a score of at least 70%. The course must adequately address the following in accordance with the MAP:

(A) the physical characteristics of asbestos, ACBM, and other ACM;

(B) potential health effects related to asbestos exposure;

(C) employee personal protective equipment;

(D) state-of-the-art work practices;

(E) personal hygiene;

(F) additional safety hazards;

(G) medical monitoring;

(H) air monitoring;

(I) relevant federal, Texas, and local regulatory requirements and standards;

(J) establishment of respiratory protection programs and medical surveillance programs;

(K) hands-on training that includes work area abatement preparation, decontamination chamber construction, cleaning and disposal, and respirator fit-testing and maintenance;

(L) insurance and liability issues;

(M) recordkeeping for asbestos abatement projects;

(N) supervisory techniques for asbestos abatement activities;

(O) contract specifications; and

(P) course review.

(3) Asbestos Air Monitoring Technician course. The Asbestos Air Monitoring Technician course must be at least three training days. The course must include lectures, demonstrations, hands-on individual respirator fit-testing, course review, and a written examination consisting of 50 multiple-choice questions. Successful completion of the course will require passing the examination with a score of at least 70%. The course must adequately address the following:

(A) the health effects of asbestos exposure including:

(i) the nature of asbestos-related diseases;

(ii) routes of exposure;

(iii) no known safe exposure level;

(iv) the synergistic effect between cigarette smoking and asbestos exposure;

(v) the latency periods for asbestos-related diseases; and

(vi) a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancers of other organs;

(B) the following OSHA regulations:

(i) 29 CFR §1910.134 (relating to Respiratory protection);

(ii) 29 CFR §1910.1001, Appendix A (relating to OSHA Reference Method--Mandatory);

(iii) 29 CFR §1910.1001, Appendix B (relating to Detailed Procedure for Asbestos Sampling and Analysis--Non-mandatory);

(iv) 29 CFR §1910.1200 (relating to Hazard communication); and

(v) 29 CFR §1926.1101 (relating to Asbestos), OSHA's asbestos standard for the construction industry;

(C) the following sections of this chapter:

(i) §296.21 of this chapter (relating to Definitions);

(ii) §296.54 of this chapter (relating to Asbestos Air Monitoring Technician);

(iii) §296.211 of this chapter (relating to General Requirements for Asbestos Abatement in a Public Building);

(iv) §296.212 of this chapter (relating to Standard Asbestos Abatement Practices and Procedures in a Public Building);

(v) §296.213 of this chapter (relating to Asbestos Operations and Maintenance (O&M) Practices and Procedures for O&M Licensees in a Public Building); and

(vi) §296.291 of this chapter (relating to Recordkeeping);

(D) 40 CFR Part 763, Subpart E, Appendix A (relating to Interim Transmission Electron Microscopy Analytical Methods--Mandatory and Nonmandatory--and Mandatory Section To Determine Completion of Response Actions), overview of AHERA air monitoring requirements and AHERA sampling;

(E) asbestos air sampling methods, including:

(i) calibration of air sampling pumps;

(ii) air sample volume calculations;

(iii) sampling strategies for clearance monitoring;

(iv) types of air samples (personal breathing zone versus fixed-station area);

(v) sampling location and objectives (pre-abatement, during abatement, and clearance monitoring);

(vi) number of samples to collect;

(vii) minimum and maximum air volumes in accordance with the NIOSH 7400 method;

(viii) period of sampling;

(ix) aggressive clearance sampling;

(x) interpretations of sampling results;

(xi) quality assurance methods (for example, Z-test); and

(xii) special sampling problems (crawl spaces, unacceptable samples for laboratory analysis, sampling in occupied buildings);

(F) evaluation methods, including:

(i) transmission electron microscopy (analysis feedback affecting flow rates, EPA's recommended technique for analysis of final air clearance samples);

(ii) phase contrast microscopy;

(iii) AHERA's limits on the use of phase contrast microscopy;

(iv) what each technique measures (phase contrast microscopy versus transmission electron microscopy);

(v) analytical methodologies;

(vi) AHERA transmission electron microscopy protocol;

(vii) NIOSH 7400 method;

(viii) OSHA reference method (non-clearance); and

(ix) EPA recommendation for clearance (transmission electron microscopy);

(G) sampling equipment, including:

(i) sampling pumps (low volume versus high volume, battery versus plug-in);

(ii) flow regulating devices;

(iii) sampling media;

(iv) types of filters;

(v) types of cassettes and how to prepare for each type of analysis;

(vi) filter orientation;

(vii) storage and shipment of filters;

(viii) calibration techniques;

(ix) primary and secondary calibration standards;

(x) temperature and pressure effects;

(xi) environmental conditions that prohibit analysis; and

(xii) frequency of calibration;

(H) calculating sampling times, including:

(i) documenting start time and end time; and

(ii) calculating total time;

(I) time weighted average (TWA) calculation including 8-hour TWA and TWA formula;

(J) calibration of air sampling pumps, including:

(i) primary versus secondary calibration standards;

(ii) soap film flowmeter;

(iii) in-line and inlet rotameter positioning;

(iv) rotameter calibration worksheet;

(v) electronic calibrators;

(vi) temperature and pressure correction and effects on sample integrity;

(vii) high volume air sampling pumps and calibration; and

(viii) critical orifices;

(K) air sampling logs and records, including:

(i) data elements;

(ii) air sample labeling;

(iii) chain of custody forms;

(iv) shipping and handling methods;

(v) cassette labeling; and

(vi) recordkeeping and field work documentation;

(L) types of air sampling, including:

(i) baseline;

(ii) area;

(iii) personal;

(iv) clearance;

(v) area sampling during glove bag operations; and

(vi) upwind and downwind; and

(M) course review.

(4) Asbestos Inspector course. The Asbestos Inspector course must be at least three training days. The course must include lectures, demonstrations, 4 hours of hands-on training, individual respirator fit-testing, course review, and a written examination consisting of 50 multiple choice questions. Successful completion of the course will require passing the examination with a score of at least 70%. The course must adequately address the following in accordance with the MAP:

(A) background information on asbestos;

(B) potential health effects related to asbestos exposure;

(C) functions/qualifications and role of inspectors;

(D) legal liabilities and defenses;

(E) understanding building systems;

(F) public/employee/building occupant relations;

(G) pre-survey planning, and review of previous survey records;

(H) inspecting for friable and nonfriable ACM;

(I) assessing the condition of friable ACM;

(J) bulk sampling/documentation of asbestos;

(K) respiratory protection;

(L) personal protective equipment;

(M) hands-on training that includes a pre-field-trip simulated asbestos survey with bulk sampling of non-ACBM, and respirator fit-testing and maintenance;

(N) recordkeeping and writing the asbestos survey report;

(O) federal, state, and local regulations;

(P) field trip that includes a building walk-through at a suitable location outside of the classroom; and

(Q) course review.

(5) Asbestos Management Planner course. The Asbestos Management Planner course must be two training days. The prerequisite for admission to the course is to provide a copy of a current asbestos inspector training certificate. The course must include lectures, demonstration, course review, and a written examination consisting of 50 multiple choice questions. Successful completion of the course will require passing the examination with a score of at least 70%. The course must adequately address the following in accordance with the MAP:

(A) course overview;

(B) evaluation and interpretation of survey results;

(C) hazard assessment;

(D) legal implications;

(E) evaluation and selection of control options;

(F) role of other professionals;

(G) developing an operations and maintenance (O&M) plan;

(H) regulatory review;

(I) recordkeeping for the management planner;

(J) assembling and submitting the management plan;

(K) financing abatement actions; and

(L) course review.

(6) Asbestos Project Designer course. The Asbestos Project Designer course must be at least three training days. This course must include lectures, demonstrations, a field trip, course review, and a written examination of 100 multiple-choice questions. Successful completion of the course will require passing the examination with a score of at least 70%. The course must adequately address the following, in accordance with the MAP:

(A) background information on asbestos;

(B) potential health effects related to asbestos exposure;

(C) overview of abatement construction projects to include clearance of the project area;

(D) safety system design specifications, including written sampling rationale for air clearance;

(E) field trip;

(F) employee personal protective equipment;

(G) additional safety hazards;

(H) fiber aerodynamics and control;

(I) designing abatement solutions, including discussion of removal, encapsulation, and enclosure methods and asbestos waste disposal;

(J) final clearance process, including discussion of the need for a written sampling rationale for aggressive final air clearance; requirements of a complete visual inspection; and the relationship of the visual inspection to final air clearance;

(K) budgeting and cost estimating;

(L) writing abatement specifications and plans;

(M) preparing abatement drawings;

(N) contract preparation and administration;

(O) legal/liabilities/defenses;

(P) replacement of asbestos with asbestos-free substitutes;

(Q) role of other consultants;

(R) occupied buildings, special design procedures required in occupied buildings, education of occupants, extra monitoring recommendations, staging of work to minimize occupant exposure, and scheduling of renovation to minimize exposure;

(S) how to accomplish a complete visual inspection;

(T) relevant federal, Texas, and local regulatory requirements; and

(U) course review.

(7) Texas Asbestos Law and Rules course. The Texas Asbestos Law and Rules course must be three hours. The course must adequately address the law and rules for the following:

(A) asbestos management in public buildings;

(B) notification requirements for public buildings;

(C) operations and maintenance (O&M) requirements for public buildings;

(D) abatement practices and procedures for public buildings;

(E) asbestos licensing requirements;

(F) recordkeeping requirements;

(G) exemptions; and

(H) conflicts of interest.

(c) Refresher training course requirements.

(1) An annual refresher training course is required for each discipline to maintain accreditation or licensure. Each refresher training course must adequately address the following:

(A) federal, state, and local regulations;

(B) developments in state-of-the-art procedures; and

(C) key aspects of the initial training course.

(2) A refresher training course must consist of at least the following amount of training, as specified for the applicable refresher training course:

(A) asbestos abatement worker--one day of training;

(B) asbestos contractor/supervisor--one day of training;

(C) asbestos inspector--one half-day of training;

(D) asbestos management planner--one half-day of training;

(E) asbestos project designer--one day of training; and

(F) asbestos air monitoring technician--one half-day of training.

Source Note: The provisions of this §296.73 adopted to be effective July 8, 2021, 46 TexReg 3880