Administrative Code

Virginia Administrative Code
12/4/2021

Part XII. Accredited Asbestos Training Program Standards of Practice and Conduct

18VAC15-20-461. Changes to an approved accredited asbestos training program.

Once an accredited asbestos training program has been approved, prior to the continuation of the accredited asbestos training program, substantial changes in the information required by subdivisions 1 through 5 of this section shall be submitted to the board for review and approval. The board will state its approval or disapproval of the changes by mail.

1. Training program curriculum.

2. Training program examination.

3. Training program materials.

4. Principal instructors.

5. Certificate of completion.

Statutory Authority

§§ 54.1-201 and 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-462. Transfer of approval of an accredited asbestos training program.

The transfer of the approval of an accredited asbestos training program will require a review by the following procedure:

1. The applicant for transfer shall submit an application to the department and materials for review to determine if substantial changes have been made to the program. All submissions shall be in accordance with subsections A, B and C of 18VAC15-20-34.

2. Receipt of applications and deposit of fees submitted does not indicate approval of the transfer.

3. A review of the submitted materials shall be performed to determine if substantial changes have been made. A substantial change is defined as a change in training program materials, curriculum, principal instructors or facilities at the time of transfer of the accredited asbestos training program. A complete field audit may be conducted of any applicant believed to have made a substantial change.

Statutory Authority

§§ 54.1-201 and 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-463. Access by the department.

Accredited asbestos training providers shall permit department representatives to attend, evaluate, and monitor any accredited asbestos training program. Prior notice of attendance by agency representatives is not required. All records are required to be available for review by department representatives. Records required to be maintained by the training provider shall be maintained at the physical location of the accredited asbestos training provider.

Statutory Authority

§§ 54.1-201 and 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-464. Withdrawal of approval of an accredited asbestos training program.

A. The board may withdraw approval of any accredited asbestos training program for the following reasons:

1. The school, instructors, or training programs no longer meet the standards established in this chapter.

2. The board determines that the provider is not conducting the training in a manner that meets the requirements as set forth in this chapter.

3. Suspension or revocation of training approval in another state or by the EPA.

B. Decisions regarding withdrawal of approval shall be made by the board under the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§§ 54.1-201 and 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-470. Recordkeeping and provision of records to the board.

A. The training manager shall notify the board no less than 48 hours prior to the start date of any accredited asbestos training program.

B. The training manager shall provide an updated notification when an accredited asbestos training program will begin on a date other than the start date specified in the original notification as follows:

1. For accredited asbestos training programs beginning prior to the start date provided to the board, an updated notification must be received by the board at least 48 hours before the new start date.

2. For accredited asbestos training programs beginning after the start date provided to the board, an updated notification must be received by the board at least 48 hours before the start date provided to the board.

C. The training manager shall update the board of any change in location of an accredited asbestos training program at least 48 hours prior to the start date provided to the board.

D. The training manager shall update the board regarding any accredited asbestos training program cancellations or any other change to the original notification at least 48 hours prior to the start date provided to the board. This requirement shall not apply to situations or circumstances beyond the control of the training provider.

E. Each notification, including updates, shall include the following:

1. Notification type (original, update, cancellation).

2. Training program name, Virginia accreditation number, address, and telephone number.

3. Course discipline, type (initial/refresher), and the language in which the instruction will be given.

4. Dates and times of training.

5. Training locations, telephone number, and address.

6. Principal instructor's name.

7. Training manager's name and signature.

F. For all accredited asbestos training programs approved by the board, the training provider shall keep a training program participant list of all of the individuals attending the accredited asbestos training program. The training program participant list shall contain the following minimum information:

1. Training program name, Virginia accreditation number, address, and telephone number.

2. Course discipline and type (initial/refresher).

3. Dates of training.

4. Location of training program presentation.

5. Each participant's name, address, social security number, course completion certificate number, and course test score.

6. Principal instructor's name.

7. Training manager's name and signature.

G. The training program participant list shall be completed by the training program principal instructor and training program participants daily.

H. The training program participant list shall be retained by the training provider for three years following the date of completion of the training program.

I. The training manager shall provide to the board the accredited asbestos training program participant list no later than 10 business days following the training program completion.

J. Notifications and training program participant lists shall be submitted electronically in the manner established by the board specifically to receive this documentation using a sample form designed by and available from the board. Any variation upon this procedure shall be approved by the board prior to submission.

K. The training provider shall retain all examinations completed by training program participants for a period of three years.

L. The department shall not recognize training certificates from approved training providers that fail to notify or fail to provide a training program participant list.

Statutory Authority

§§ 54.1-201 and 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.2, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006; Volume 31, Issue 15, eff. May 1, 2015.

18VAC15-20-480. Accredited asbestos training program outline and syllabus.

A. Prior to the start of the accredited asbestos training program, the training provider shall prepare a course outline or syllabus. The outline shall contain the following minimum information:

1. Training program title and length of training;

2. Starting time of each day of training;

3. Training program section, inclusive length of training time for each section and instructor for each program section;

4. Scheduled breaks and inclusive length of breaks;

5. Scheduled lunch break and inclusive length of break;

6. Scheduled hands-on training, a description of the training to be performed, length of training and name of the instructor or instructors; and

7. Examination and inclusive length of examination time.

B. The training provider shall disseminate the training program outline or syllabus to all training program participants. A copy of the training program outline shall be retained by the training provider for a period of three years following the completion of the training program.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.3, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-490. Certificates of completion.

A. Following attendance of the accredited asbestos training program and successful completion of an examination by the training program participant, the training provider shall issue a Certificate of Completion to the training program participant. The certificate shall contain the following minimum information:

1. Training provider's business name;

2. Training provider's business address and phone number;

3. Location of training;

4. Typewritten or printed name of training program participant;

5. Training program title and length of training in hours;

6. Certificate number;

7. Inclusive training program dates;

8. Examination date;

9. An expiration date one year after the date of completion of the accredited asbestos training program;

10. For training programs covered under 40 CFR Part 763, Subpart E, Appendix C, a statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under TSCA Title II;

11. Statement of attendance and successful completion of an examination by the training program participant; and

12. Signature and typewritten or printed name of the accredited asbestos training program manager or administrator and principal instructor. The signature may be a printed facsimile.

B. Changes to the Certificate of Completion shall be submitted to the board for review and approval prior to issuance to training program participants.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.4, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-500. Training program materials: training program manuals; video instruction; training equipment.

A. All training program participants shall be issued a training program manual for the asbestos training program.

B. Use of video instruction is permitted as a method of instruction in an accredited asbestos training program, provided that videos are not the sole and primary source of instruction unless the videos are interactive.

Videos shall be made available to the board, if requested, during an on-site audit or inspection.

C. In no case will equipment utilized for display or part of hands-on training have been utilized on an asbestos abatement project site.

Equipment will be dedicated for training use only.

The training provider shall keep a listing of all equipment utilized for training on file.

The equipment list will contain the following minimum information:

1. Equipment brand name;

2. Equipment description; and

3. A statement of how the equipment is to be utilized in the accredited asbestos training program.

The dated equipment list will be updated as new equipment is added as part of an accredited asbestos training program and each list must be maintained for a period of three years.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.5, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-510. (Repealed.)

Historical Notes

Derived from VR137-01-02 § 14.6, eff. September 1, 1994; repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-511. Instructor qualifications.

A. An approved accredited asbestos training program shall employ a training manager who:

1. Has a minimum of two years experience in teaching adults; or

2. Has a minimum of three years experience in the asbestos abatement industry.

B. An approved accredited asbestos training program shall use principal instructors who:

1. Have a minimum of 24 hours of asbestos specific training; and

2. Have a minimum of two years experience in the asbestos abatement industry, or have a minimum of two years' experience in teaching adults.

C. Documentation of all instructor qualifications shall be reviewed and approved by the board prior to the instructor teaching in an accredited asbestos training program.

D. Guest instructors are exempt from instructor qualifications and are limited to no more than two hours of training per day.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-520. Number of instructors required to provide training.

A. The board strongly recommends a minimum of two instructors to teach an accredited asbestos initial worker training program.

B. One instructor is adequate per accredited asbestos refresher training program.

C. At least one instructor shall be in the classroom and available to the students at all times during the accredited asbestos training program.

Statutory Authority

§§ 54.1-201 and 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.7, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 31, Issue 15, eff. May 1, 2015.

18VAC15-20-530. Student to instructor ratios.

A. Hands-on training means an evaluation that tests the trainee's ability to satisfactorily perform the work practices and procedures in this chapter and shall be overseen by the instructor at a ratio of no more than 10 students to one instructor.

B. There shall be no more than three training program participants in any hands-on exercise, except for a hands-on exercise which involves building containments.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.8, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-540. Distinct training disciplines.

All initial and refresher accredited asbestos training programs shall be discipline specific.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.9, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-550. Completion of training.

The total hours of actual training for an initial training program, including examinations, shall be completed within a single two-week time frame, from start to finish.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.10, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-560. Length of training.

The following are the requirements for length of training for an accredited asbestos training program:

1. In no case shall actual asbestos training exceed eight hours in a 24-hour period;

2. Training given during evening hours (after 5 p.m. and before 8 a.m.) may not exceed four hours, except training that is conducted during the student's second or third shift of working hours; and

3. Training performed on weekends (Friday after 5 p.m. to Monday 8 a.m.) may not exceed 16 hours.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.11, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-570. Non-English speaking accredited asbestos training programs.

All accredited asbestos training programs shall be taught in English. Accredited asbestos worker training programs are exempt from this section.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.12, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-580. Examinations.

A. All accredited asbestos training programs shall contain an examination following the instructional portion of the accredited asbestos training program. This requirement shall apply to all accredited asbestos training programs regardless of training program location.

B. Oral examinations, except for workers, are not permitted in an accredited asbestos training program. Trainers who provide worker oral examinations shall issue an answer sheet to be marked by the student. The student shall sign the answer sheet and it shall become a part of the training provider's required recordkeeping.

C. Examinations in languages other than English are only permitted in accredited asbestos worker training programs.

D. Examinations shall be given in the language of the accredited asbestos training program's instruction.

E. Reexamination following unsuccessful completion of the examination is permitted. The reexamination shall be limited to one attempt to pass following the initial examination. If the participant fails to achieve a 70% passing score after the second attempt, the participant shall retake the accredited asbestos training program before he is permitted to take a retest. The training provider shall retain the examinations completed by the accredited asbestos training program participant in compliance with the recordkeeping requirements of this chapter.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.13, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-590. Change of address, phone number or contact person.

Providers of accredited asbestos training programs are required to notify the board in writing of changes of address, phone number or principal instructor within 30 business days after changes to any of these items.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.14, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-600. Termination of training.

When a training provider ceases to conduct any of its training programs, it shall notify the board in writing and give the board the opportunity to take possession of the provider's asbestos training records relating to such programs.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.15, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-610. EPA ASHARA compliance.

All Virginia-approved accredited asbestos training programs shall be in compliance with all training and recordkeeping requirements established by the EPA Model Accreditation Plan, 40 CFR Part 763, Subpart E.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from VR137-01-02 § 14.16, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-620. (Repealed.)

Historical Notes

Derived from VR137-01-02 §§ 15.1 to 15.8, eff. September 1, 1994; repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

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