Rules for asbestos abatement projects, standards andexaminations--certificationrequirements--application--examination, content--certificateexpires, when--fees--renewal of certificaterequirements--refresher course--failure to pass examination, mayrepeat exam, when--fee for renewal--exemption status,qualifications, application fee--revocation of exemption status,notice--appeal.
643.225. 1. The provisions of sections 643.225 to 643.250shall apply to all asbestos abatement projects. The commissionshall promulgate rules and regulations it deems necessary toimplement and administer the provisions of sections 643.225 to643.250, including requirements, procedures and standardsrelating to asbestos projects, as well as the authority torequire corrective measures to be taken in asbestos abatementprojects as are deemed necessary to protect public health and theenvironment. The director shall establish any examinations forcertification required by this section and shall hold suchexaminations at times and places as determined by the director.
2. Except as otherwise provided in sections 643.225 to643.250, no individual shall engage in an asbestos abatementproject, inspection, management plan, abatement project design orasbestos air sampling unless the person has been issued acertificate by the director, or by the commission after appeal,for that purpose.
3. In any application made to the director to obtain suchcertification as an inspector, management planner, abatementproject designer, supervisor, contractor or worker from thedepartment, the applicant shall include his diploma providingproof of successful completion of either a state accredited orUnited States Environmental Protection Agency (EPA) accreditedtraining course as described in section 643.228. In addition, anapplicant for certification as a management planner shall firstbe certified as an inspector. All applicants for certificationas an inspector, management planner, abatement project designer,supervisor, contractor or worker shall successfully pass a stateexamination on Missouri state asbestos statutes and rulesrelating to asbestos. Certification issued hereunder shallexpire one year from its effective date. Individuals applyingfor state certification as an asbestos air sampling professionalshall have the following credentials:
(1) A bachelor of science degree in industrial hygiene plusone year of experience in the field; or
(2) A master of science degree in industrial hygiene; or
(3) Certification as an industrial hygienist as designatedby the American Board of Industrial Hygiene; or
(4) Three years of practical experience in the field ofindustrial hygiene, including significant asbestos air monitoringexperience and the completion of a forty-hour asbestos coursewhich includes air monitoring instruction (National Institute ofOccupational Safety and Health 582 course on air sampling orequivalent). In addition to these qualifications, the individualmust also pass the state of Missouri asbestos examination. Allasbestos air sampling technicians shall be trained and overseenby an asbestos air sampling professional and shall meet therequirements of training found in OSHA's 29 CFR 1926.58.Certification under this section as an AHERA asbestos abatementproject designer does not qualify an individual as an architect,engineer or land surveyor, as defined in chapter 327, RSMo.
4. An application fee of seventy-five dollars shall beassessed for each category, except asbestos abatement worker, tocover administrative costs incurred. An application fee oftwenty-five dollars shall be assessed for each asbestos abatementworker to cover administrative costs incurred. A fee oftwenty-five dollars shall be assessed per state examination.
5. In order to qualify for renewal of a certificate, anindividual shall have successfully completed an annual refreshercourse from an Environmental Protection Agency or state ofMissouri accredited training program. For each discipline, therefresher course shall review and discuss current federal andstate statute and rule developments, state-of-the-art proceduresand key aspects of the initial training course, as determined bythe state of Missouri. For all categories except inspectors,individuals shall complete a one-day annual refresher trainingcourse for recertification. Refresher courses for inspectorsshall be at least a half-day in length. Management plannersshall attend the inspector refresher course, plus an additionalhalf-day on management planning. All refresher courses shallrequire an individual to successfully pass an examination uponcompletion of the course. In the case of significant changes inMissouri state asbestos statutes or rules, an individual shallalso be required to take and successfully pass an updatedMissouri state asbestos examination. An individual who hasfailed the Missouri state asbestos examination may retake it onthe next scheduled examination date. If his certification haslapsed for more than twenty-four months, he shall be required toretake the course in his specialty area described in thissection. Failure to comply with the requirements for renewal ofcertification in this section will result in decertification. Inno event shall certification or recertification constitutepermission to violate sections 643.225 to 643.250 or any standardor rule promulgated under sections 643.225 to 643.250.
6. A fee of five dollars shall be paid to the state forrenewal of certificates to cover administrative costs.
7. The provisions of subsections 2 through 6 of thissection, section 643.228, subdivision (4) of subsection 1 ofsection 643.230, sections 643.232 and 643.235, subdivisions (1)to (3) of subsection 1 of section 643.237, and subsection 2 ofsection 643.237 shall not apply to a person that is subject torequirements and applicable standards of the United StatesEnvironmental Protection Agency (EPA) and the United StatesOccupational Safety and Health Administration's (OSHA) 29 Code ofFederal Regulations 1926.58 and which engages in asbestosabatement projects as part of normal operations in the facilitysolely at its own place or places of business. A person shallreceive an exemption upon submitting to the director, on a formprovided by the department, documentation of the trainingprovided to their employees to meet the requirements ofapplicable OSHA and EPA rules and regulations and the type ofasbestos abatement projects which constitute normal operationsperformed by the applicant. If the application does not meet therequirements of this subsection and the rules and regulationspromulgated by the department, the applicant shall be notified,within one hundred eighty days of the receipt of the application,that his exemption has been revoked. An applicant may appeal therevocation of an exemption to the commission within thirty daysof the notice of revocation. This exemption shall not apply toasbestos abatement contractors, to those persons who thecommission by rule determines provide a service to the public inits place or places of business as the economic foundation of thefacility, or to those persons subject to the requirements of thefederal Asbestos Hazard Emergency Response Act of 1986 (P.L.99-519). A representative of the department shall be permittedto attend, monitor and evaluate any training program provided bythe exempted person. Such evaluations may be conducted withoutprior notice. Refusal to allow such an evaluation is sufficientgrounds for loss of exemption status.
8. A fee of two hundred fifty dollars shall be submittedwith the application for exemption. This is a one-time fee.Exempted persons shall submit to the director changes incurricula or other significant revisions to the training programas they occur.
Rules for asbestos abatement projects, standards andexaminations--certificationrequirements--application--examination, content--certificateexpires, when--fees--renewal of certificaterequirements--refresher course--failure to pass examination, mayrepeat exam, when--fee for renewal--exemption status,qualifications, application fee--revocation of exemption status,notice--appeal.
643.225. 1. The provisions of sections 643.225 to 643.250shall apply to all asbestos abatement projects. The commissionshall promulgate rules and regulations it deems necessary toimplement and administer the provisions of sections 643.225 to643.250, including requirements, procedures and standardsrelating to asbestos projects, as well as the authority torequire corrective measures to be taken in asbestos abatementprojects as are deemed necessary to protect public health and theenvironment. The director shall establish any examinations forcertification required by this section and shall hold suchexaminations at times and places as determined by the director.
2. Except as otherwise provided in sections 643.225 to643.250, no individual shall engage in an asbestos abatementproject, inspection, management plan, abatement project design orasbestos air sampling unless the person has been issued acertificate by the director, or by the commission after appeal,for that purpose.
3. In any application made to the director to obtain suchcertification as an inspector, management planner, abatementproject designer, supervisor, contractor or worker from thedepartment, the applicant shall include his diploma providingproof of successful completion of either a state accredited orUnited States Environmental Protection Agency (EPA) accreditedtraining course as described in section 643.228. In addition, anapplicant for certification as a management planner shall firstbe certified as an inspector. All applicants for certificationas an inspector, management planner, abatement project designer,supervisor, contractor or worker shall successfully pass a stateexamination on Missouri state asbestos statutes and rulesrelating to asbestos. Certification issued hereunder shallexpire one year from its effective date. Individuals applyingfor state certification as an asbestos air sampling professionalshall have the following credentials:
(1) A bachelor of science degree in industrial hygiene plusone year of experience in the field; or
(2) A master of science degree in industrial hygiene; or
(3) Certification as an industrial hygienist as designatedby the American Board of Industrial Hygiene; or
(4) Three years of practical experience in the field ofindustrial hygiene, including significant asbestos air monitoringexperience and the completion of a forty-hour asbestos coursewhich includes air monitoring instruction (National Institute ofOccupational Safety and Health 582 course on air sampling orequivalent). In addition to these qualifications, the individualmust also pass the state of Missouri asbestos examination. Allasbestos air sampling technicians shall be trained and overseenby an asbestos air sampling professional and shall meet therequirements of training found in OSHA's 29 CFR 1926.58.Certification under this section as an AHERA asbestos abatementproject designer does not qualify an individual as an architect,engineer or land surveyor, as defined in chapter 327, RSMo.
4. An application fee of seventy-five dollars shall beassessed for each category, except asbestos abatement worker, tocover administrative costs incurred. An application fee oftwenty-five dollars shall be assessed for each asbestos abatementworker to cover administrative costs incurred. A fee oftwenty-five dollars shall be assessed per state examination.
5. In order to qualify for renewal of a certificate, anindividual shall have successfully completed an annual refreshercourse from an Environmental Protection Agency or state ofMissouri accredited training program. For each discipline, therefresher course shall review and discuss current federal andstate statute and rule developments, state-of-the-art proceduresand key aspects of the initial training course, as determined bythe state of Missouri. For all categories except inspectors,individuals shall complete a one-day annual refresher trainingcourse for recertification. Refresher courses for inspectorsshall be at least a half-day in length. Management plannersshall attend the inspector refresher course, plus an additionalhalf-day on management planning. All refresher courses shallrequire an individual to successfully pass an examination uponcompletion of the course. In the case of significant changes inMissouri state asbestos statutes or rules, an individual shallalso be required to take and successfully pass an updatedMissouri state asbestos examination. An individual who hasfailed the Missouri state asbestos examination may retake it onthe next scheduled examination date. If his certification haslapsed for more than twenty-four months, he shall be required toretake the course in his specialty area described in thissection. Failure to comply with the requirements for renewal ofcertification in this section will result in decertification. Inno event shall certification or recertification constitutepermission to violate sections 643.225 to 643.250 or any standardor rule promulgated under sections 643.225 to 643.250.
6. A fee of five dollars shall be paid to the state forrenewal of certificates to cover administrative costs.
7. The provisions of subsections 2 through 6 of thissection, section 643.228, subdivision (4) of subsection 1 ofsection 643.230, sections 643.232 and 643.235, subdivisions (1)to (3) of subsection 1 of section 643.237, and subsection 2 ofsection 643.237 shall not apply to a person that is subject torequirements and applicable standards of the United StatesEnvironmental Protection Agency (EPA) and the United StatesOccupational Safety and Health Administration's (OSHA) 29 Code ofFederal Regulations 1926.58 and which engages in asbestosabatement projects as part of normal operations in the facilitysolely at its own place or places of business. A person shallreceive an exemption upon submitting to the director, on a formprovided by the department, documentation of the trainingprovided to their employees to meet the requirements ofapplicable OSHA and EPA rules and regulations and the type ofasbestos abatement projects which constitute normal operationsperformed by the applicant. If the application does not meet therequirements of this subsection and the rules and regulationspromulgated by the department, the applicant shall be notified,within one hundred eighty days of the receipt of the application,that his exemption has been revoked. An applicant may appeal therevocation of an exemption to the commission within thirty daysof the notice of revocation. This exemption shall not apply toasbestos abatement contractors, to those persons who thecommission by rule determines provide a service to the public inits place or places of business as the economic foundation of thefacility, or to those persons subject to the requirements of thefederal Asbestos Hazard Emergency Response Act of 1986 (P.L.99-519). A representative of the department shall be permittedto attend, monitor and evaluate any training program provided bythe exempted person. Such evaluations may be conducted withoutprior notice. Refusal to allow such an evaluation is sufficientgrounds for loss of exemption status.
8. A fee of two hundred fifty dollars shall be submittedwith the application for exemption. This is a one-time fee.Exempted persons shall submit to the director changes incurricula or other significant revisions to the training programas they occur.
Rules for asbestos abatement projects, standards andexaminations--certificationrequirements--application--examination, content--certificateexpires, when--fees--renewal of certificaterequirements--refresher course--failure to pass examination, mayrepeat exam, when--fee for renewal--exemption status,qualifications, application fee--revocation of exemption status,notice--appeal.
643.225. 1. The provisions of sections 643.225 to 643.250shall apply to all asbestos abatement projects. The commissionshall promulgate rules and regulations it deems necessary toimplement and administer the provisions of sections 643.225 to643.250, including requirements, procedures and standardsrelating to asbestos projects, as well as the authority torequire corrective measures to be taken in asbestos abatementprojects as are deemed necessary to protect public health and theenvironment. The director shall establish any examinations forcertification required by this section and shall hold suchexaminations at times and places as determined by the director.
2. Except as otherwise provided in sections 643.225 to643.250, no individual shall engage in an asbestos abatementproject, inspection, management plan, abatement project design orasbestos air sampling unless the person has been issued acertificate by the director, or by the commission after appeal,for that purpose.
3. In any application made to the director to obtain suchcertification as an inspector, management planner, abatementproject designer, supervisor, contractor or worker from thedepartment, the applicant shall include his diploma providingproof of successful completion of either a state accredited orUnited States Environmental Protection Agency (EPA) accreditedtraining course as described in section 643.228. In addition, anapplicant for certification as a management planner shall firstbe certified as an inspector. All applicants for certificationas an inspector, management planner, abatement project designer,supervisor, contractor or worker shall successfully pass a stateexamination on Missouri state asbestos statutes and rulesrelating to asbestos. Certification issued hereunder shallexpire one year from its effective date. Individuals applyingfor state certification as an asbestos air sampling professionalshall have the following credentials:
(1) A bachelor of science degree in industrial hygiene plusone year of experience in the field; or
(2) A master of science degree in industrial hygiene; or
(3) Certification as an industrial hygienist as designatedby the American Board of Industrial Hygiene; or
(4) Three years of practical experience in the field ofindustrial hygiene, including significant asbestos air monitoringexperience and the completion of a forty-hour asbestos coursewhich includes air monitoring instruction (National Institute ofOccupational Safety and Health 582 course on air sampling orequivalent). In addition to these qualifications, the individualmust also pass the state of Missouri asbestos examination. Allasbestos air sampling technicians shall be trained and overseenby an asbestos air sampling professional and shall meet therequirements of training found in OSHA's 29 CFR 1926.58.Certification under this section as an AHERA asbestos abatementproject designer does not qualify an individual as an architect,engineer or land surveyor, as defined in chapter 327, RSMo.
4. An application fee of seventy-five dollars shall beassessed for each category, except asbestos abatement worker, tocover administrative costs incurred. An application fee oftwenty-five dollars shall be assessed for each asbestos abatementworker to cover administrative costs incurred. A fee oftwenty-five dollars shall be assessed per state examination.
5. In order to qualify for renewal of a certificate, anindividual shall have successfully completed an annual refreshercourse from an Environmental Protection Agency or state ofMissouri accredited training program. For each discipline, therefresher course shall review and discuss current federal andstate statute and rule developments, state-of-the-art proceduresand key aspects of the initial training course, as determined bythe state of Missouri. For all categories except inspectors,individuals shall complete a one-day annual refresher trainingcourse for recertification. Refresher courses for inspectorsshall be at least a half-day in length. Management plannersshall attend the inspector refresher course, plus an additionalhalf-day on management planning. All refresher courses shallrequire an individual to successfully pass an examination uponcompletion of the course. In the case of significant changes inMissouri state asbestos statutes or rules, an individual shallalso be required to take and successfully pass an updatedMissouri state asbestos examination. An individual who hasfailed the Missouri state asbestos examination may retake it onthe next scheduled examination date. If his certification haslapsed for more than twenty-four months, he shall be required toretake the course in his specialty area described in thissection. Failure to comply with the requirements for renewal ofcertification in this section will result in decertification. Inno event shall certification or recertification constitutepermission to violate sections 643.225 to 643.250 or any standardor rule promulgated under sections 643.225 to 643.250.
6. A fee of five dollars shall be paid to the state forrenewal of certificates to cover administrative costs.
7. The provisions of subsections 2 through 6 of thissection, section 643.228, subdivision (4) of subsection 1 ofsection 643.230, sections 643.232 and 643.235, subdivisions (1)to (3) of subsection 1 of section 643.237, and subsection 2 ofsection 643.237 shall not apply to a person that is subject torequirements and applicable standards of the United StatesEnvironmental Protection Agency (EPA) and the United StatesOccupational Safety and Health Administration's (OSHA) 29 Code ofFederal Regulations 1926.58 and which engages in asbestosabatement projects as part of normal operations in the facilitysolely at its own place or places of business. A person shallreceive an exemption upon submitting to the director, on a formprovided by the department, documentation of the trainingprovided to their employees to meet the requirements ofapplicable OSHA and EPA rules and regulations and the type ofasbestos abatement projects which constitute normal operationsperformed by the applicant. If the application does not meet therequirements of this subsection and the rules and regulationspromulgated by the department, the applicant shall be notified,within one hundred eighty days of the receipt of the application,that his exemption has been revoked. An applicant may appeal therevocation of an exemption to the commission within thirty daysof the notice of revocation. This exemption shall not apply toasbestos abatement contractors, to those persons who thecommission by rule determines provide a service to the public inits place or places of business as the economic foundation of thefacility, or to those persons subject to the requirements of thefederal Asbestos Hazard Emergency Response Act of 1986 (P.L.99-519). A representative of the department shall be permittedto attend, monitor and evaluate any training program provided bythe exempted person. Such evaluations may be conducted withoutprior notice. Refusal to allow such an evaluation is sufficientgrounds for loss of exemption status.
8. A fee of two hundred fifty dollars shall be submittedwith the application for exemption. This is a one-time fee.Exempted persons shall submit to the director changes incurricula or other significant revisions to the training programas they occur.
