Chapter 3701-82 Lead Training Programs; Environmental Lead Analytical Laboratories

3701-82-01 Application procedures for lead training programs.

(A) A person shall submit an application for approval of a training program on a form prescribed by the director. A separate application shall be submitted for each program for which the person is seeking approval. An application for approval of a training program shall contain:

(1) The applicant's statement setting forth the intent to offer an initial or refresher program and, except for the state of Ohio and local political subdivisions, a non-refundable fee of seven hundred and fifty dollars for an initial program and two hundred and fifty dollars for a refresher program, payable to the "Treasurer, State of Ohio" for the following programs:

(a) Initial clearance technician program;

(b) Initial lead inspector program;

(c) Initial lead risk assessor program;

(d) Initial lead abatement contractor program;

(e) Initial lead abatement project designer program;

(f) Initial lead abatement worker program;

(g) Refresher clearance technician program;

(h) Refresher lead inspector program;

(i) Refresher lead risk assessor program;

(j) Refresher lead abatement contractor program;

(k) Refresher lead abatement project designer program; and

(l) Refresher lead abatement worker program.

(2) As separate attachments:

(a) A statement signed by the training program manager certifying that:

(i) The training program meets the minimum requirements set forth in Chapter 3701-82 of the Administrative Code;

(ii) Each instructor meets the qualifications set forth in rule 3701-82-01.1 of the Administrative Code;

(iii) The program will use either the model training materials developed by the United States environmental protection agency, United States department of housing and urban development, if available, or materials approved by the director; and

(iv) The applicant is in compliance and will remain in compliance with the reporting and record-keeping requirements of paragraphs (A)(3) and (A)(4) of rule 3701-82-1.2 of the Administrative Code.

(b) The course agenda with an allocation of time spent on each topic;

(c) The course quality control plan and certification that the applicant will comply with the requirements of paragraph (B) of rule 3701-82-01.2 of the Administrative Code;

(d) An example of a course completion certificate, as described in paragraph (A)(2) in rule 3701-82-01.2 of the Administrative Code;

(e) A copy of all program examinations with answer keys in accordance with paragraph (K) of rule 3701-82-01.3 of the Administrative Code;

(f) A copy of the student manuals and instructor manuals to be used for each program; and

(g) Documentation of the training manager's and instructor's qualifications required by rule 3701-82-01.1 of the Administrative Code.

(B) A person shall submit an application for renewal of approval of a training program on a form prescribed by the director. A person shall submit a separate application for each program for which the person is seeking approval. An application for renewal shall include the fee as specified in paragraph (A)(1) of this rule. As part of the application, the individual shall also submit:

(1) A statement signed by the training program manager certifying that:

(a) The training program continues to meet the minimum requirements set forth in Chapter 3701-82 of the Administrative Code;

(b) Each instructor continues to meet the qualifications set forth in rule 3701-82-01.1 of the Administrative Code, and a list of the topics or skill areas that each instructor will teach;

(c) The program continues to use the model training materials developed by the United States environmental protection agency, United States department of housing and urban development, if available, or materials approved by the director; and

(d) The applicant is in compliance and will remain in compliance with the reporting and record-keeping requirements of paragraphs (A)(3) and (A)(4) of rule 3701-82-1.2 of the Administrative Code.

(2) A statement from the training manager indicating whether any of the following have changed:

(a) Program examination and answer key;

(b) Facilities or equipment available for lecture;

(c) Program agenda with an allocation of time spent on each topic;

(d) Program quality control plan;

(e) Program completion certificate and an example of the changed certificate; or

(f) Student manuals or instructor manuals to be used for each program.

(C) The director shall notify the applicant of any deficiency or needed modification to the application. Six months after written notification, the application shall no longer be maintained. An application that is no longer maintained shall not be subject to appeal pursuant to Chapter 119. of the Revised Code.

(D) The director may refuse to issue or renew an approval, or may suspend or revoke the approval of an approved training program if the approved training program, training manager, or any other person with supervisory authority over the training program has:

(1) Misrepresented the contents of a training program to the director or trainees;

(2) Failed to submit required information or notifications in a timely manner;

(3) Falsified accreditation records, instructor qualifications, or any other approval-related information or documentation;

(4) Failed to comply with any requirement of this rule, Chapter 3742. of the Revised Code, or any federal, state, or local statutes or regulations as they pertain to lead-based paint or lead hazards;

(5) Failed to maintain required records; or

(6) Made false or misleading statements to the director in its application for approval or its application for renewal.

(E) Approval to conduct a training program expires three years from the date the director issues approval.

(F) An approved training program or instructor cannot transfer its approval.

(G) The director may perform an on-site audit at any time during regular business hours to document and verify the statements and the contents of an application for approval. The training manager shall allow the director to audit the training program at any time at no charge to the director.

(H) Any person who is aggrieved by the director's refusal to issue or renew an approval, or to suspend or revoke an approval to conduct a training program pursuant to this rule may request a hearing on the matter in accordance with Chapter 119. of the Revised Code.

Effective: 07/02/2009
R.C. 119.032 review dates: 04/08/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.08
Rule Amplifies: 3742.02 , 3742.04 , 3742.05 , 3742.10 , 3742.15 , 3742.16 , 3742.19
Prior Effective Dates: 12/30/1994 (Emer.), 3/30/95, 3/26/98, 4/15/04

3701-82-01.1 Qualifications for training managers and instructors.

(A) The applicant shall designate a training manager who shall be responsible for ensuring that the approved training program complies at all times with this chapter. To be qualified as a training manager a person shall:

(1) Have demonstrated experience, education or training in the construction industry, such as lead or asbestos abatement, painting, carpentry, occupational training and health, industrial hygiene, or renovation and remodeling; and

(2) Meet one of the following:

(a) Have at least two years, including at least five hundred hours of classroom experience, education, or training in teaching adults;

(b) Have obtained a bachelor's or graduate level degree from an accredited college or university in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration, or a related field; or

(c) Have two years experience in managing a training program that specialized in environmental hazards.

(B) A qualified principal instructor shall teach each approved training program. To be qualified as a principal instructor a person shall:

(1) Have successfully completed at least twenty-four hours of any United States environmental protection agency (USEPA) or USEPA-authorized state or tribal accredited lead-specific training;

(2) Have two years of experience in the construction trade, such as lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene; and

(3) Meet one of the following:

(a) Have completed an education-based training proficiency course of at least forty hours in length;

(b) Have obtained a degree in adult education from an accredited college or university; or

(c) Have at least two years, including five hundred hours of classroom experience in teaching adults.

(C) The training program shall include instruction by qualified work-practice instructors who are responsible for teaching particular skills in a specific training program and who:

(1) Meet all of the requirements listed in paragraphs (B)(1) and (B)(2) of this rule; and

(2) Have one additional year of experience in a relevant construction trade, such as lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

(D) To be qualified, guest instructors shall have demonstrated academic and work expertise in the subject area to be taught. Guest instructors may instruct required program material involving the subject areas of health effects, legal liability, insurance issues, and federal, state, or local regulations.

(E) Documentation to meet the requirements of this rule includes official academic transcripts from an accredited college or university, resumes, applicable license, letters of reference, lead certification in another state, documentation of work experience and certificates from train-the-trainer courses and lead-specific training programs.

Effective: 07/02/2009
R.C. 119.032 review dates: 04/08/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.08
Rule Amplifies: 3742.02 , 3742.04 , 3742.05 , 3742.10 , 3742.15 , 3742.16 , 3742.19
Prior Effective Dates: 12/30/1994 (Emer.), 3/30/95, 3/26/98, 4/15/04

3701-82-01.2 Duties of approved training programs and training managers.

(A) An approved training program shall:

(1) Provide for adequate facilities for lecture, program examination, and hands-on training and assessment. This includes providing training equipment that reflects current work practices, and maintaining or updating the equipment and facilities as needed;

(2) Issue a unique program completion certificate to each trainee who successfully completes the lead activity program and examination. The program completion certificate shall include:

(a) A unique certificate number;

(b) The name and address of the trainee;

(c) The name of the program that the trainee completed;

(d) Dates of program attendance and the date the program examination was passed;

(e) The name, address, and telephone number of the training program;

(f) A current, original passport type photograph for the purpose of providing proper identification; and

(g) A statement signed by the training manager certifying the following:

"Under civil and criminal penalties of law for the making or submission of false or fraudulent statements or representations ( 18 U.S.C. 1001 and 15 U.S.C. 2615 ), I certify that this training complies with all applicable requirements of Chapter 3742. of the Ohio Revised Code";

(3) Notify the director in writing of:

(a) Any change of the address specified in its training program approval application within thirty days of making the change;

(b) The location where required records will be kept and of any change of the location of the records within thirty days of transferring the records from their original location;

(c) The dates the program was held, name of the program, and the name of the trainees who have successfully completed an approved training program during the month by the tenth calendar day of the following month;

(d) On a form prescribed by the director:;

(i) At least ten business days, or three business days if using the online notification system, prior to the commencement of any approved training program, of the date and place where the approved training program will be held; and

(ii) Any change to the training program notification that would render the information on the notification no longer accurate.

(4) Maintain the following records while approved by the director and at least forty-two months after its last day as an approved training program:

(a) All records required by rule 3701-82-01 of the Administrative Code;

(b) Results of each trainee's program examinations, and a list of each trainee who successfully completed the program, including the unique certificate number issued to each trainee for that program; and

(c) Any other material not listed in this paragraph that was submitted to the director as part of the application for licensure or renewal.

(B) The training manager shall ensure that the approved training program complies at all times with this rule. The training manager shall also:

(1) Develop and implement a quality control plan which shall be used to maintain or improve the quality of the training program. As part of the quality control plan, the training manager shall:

(a) Submit to the director for approval, at least ten calendar days prior to making the change or revision:

(i) Any proposed periodic revisions of training materials and program examination to reflect innovations in the field;

(ii) Any changes made to the program materials;

(iii) Any changes made to the program curriculum; and

(iv) Any changes of the training manager, principal instructor, work-practice instructors, or guest instructors and documentation of qualifications as set forth in rule 3701-82-01.1 of the Administrative Code for the new personnel;

(b) Develop procedures for the training manager's annual review of instructor competency.

(2) Maintain the validity and integrity of the program examination as required in rule 3701-82-01 of the Administrative Code to ensure that the program examination accurately evaluates the trainee's knowledge and retention of the program topics.

(3) Designate a principal instructor who is responsible for the organization of the program and oversight of the teaching of all program material. The training manager shall designate additional instructors as either work-practice instructors or guest instructors for the program or programs the instructors will teach. The training manager shall also ensure that each appointed instructor complies with the qualifications set forth in rule 3701-82-01.1 of the Administrative Code.

Effective: 07/02/2009
R.C. 119.032 review dates: 04/08/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.08
Rule Amplifies: 3742.02 , 3742.04 , 3742.05 , 3742.10 , 3742.15 , 3742.16 , 3742.19
Prior Effective Dates: 12/30/1994 (Emer.), 3/30/95, 3/26/98, 4/15/04

3701-82-01.3 Training program requirements.

(A) An approved training program provider shall offer programs which teach the work practice standards set forth in Chapter 3742. of the Revised Code and Chapter 3701-32 of the Administrative Code. The work practice standards shall be taught in the appropriate program to provide the trainees with the knowledge needed to perform the lead activities. The training program shall be comprised of training hours, including hands-on training, and shall be conducted in such a manner that students gain practical experience in conducting lead activities. The terms training hours and hands-on training have the same meaning as defined in rule 3701-32-01 of the Administrative Code. An approved initial training program shall meet at least the following:

(1) In addition to the successful completion of the prerequisite core program, the initial lead inspector training program shall consist of at least sixteen training hours, with at least eight hours devoted to hands-on training;

(2) In addition to the successful completion of the prerequisite lead inspector program, the initial lead risk assessor training program shall consist of at least sixteen training-hours, with at least eight hours devoted to hands-on training. A trainee shall have previously successfully completed a sixteen training-hour lead inspector program in order to be certified as having completed a lead risk assessor program;

(3) In addition to the successful completion of the prerequisite core program, the initial lead abatement contractor training program shall consist of at least thirty-two training hours, with at least eight hours devoted to hands-on training;

(4) In addition to the successful completion of the prerequisite lead abatement contractor program, the initial lead abatement project designer training program shall consist of at least sixteen training hours, with at least eight hours devoted to hands-on training. A trainee shall have previously successfully completed an initial lead abatement contractor training program in order to be certified as having completed an initial lead abatement project designer training program;

(5) In addition to the successful completion of the prerequisite core program, the initial abatement worker training program shall consist of at least twenty-four training-hours, with at least ten hours devoted to hands-on training;

(6) The initial clearance technician program shall not exceed 7.2 training hours;

(7) To successfully complete an initial training program a person must complete the training within one year;

(8) The training program shall provide written proof of the successful completion of the program to each candidate within one week of successful completion of the program examination; and

(9) The instructor-to-student ratio shall not exceed 1:25.

(B) Except in the case of the clearance technician program, each initial training program offered shall have, as a prerequisite, the completion of a core training program of at least eight training hours based on the occupational safety and health act training program for lead set forth in 29 C.F.R. 1926.62 . The core program shall include instruction on the following:

(1) Background information on lead including the history of lead use and sources of environmental lead contamination including paint, surface dust, soil, water, air, and food;

(2) Health effects on the human body, including how lead enters and affects the body, symptoms of lead in the body and diagnosis, level of concern and treatment;

(3) Regulatory background including laws, regulations, and guidelines of the United States department of housing and urban development (HUD), the occupational safety and health administration (OSHA), the United States environmental protection agency (USEPA), Chapter 3742. of the Revised Code and the rules adopted thereunder, and local regulations;

(4) Lead and construction standards;

(5) Personal protective equipment including respiratory equipment selection, air-purifying respirators, care and cleaning of respirators, respirator fit testing, and protective clothing;

(6) Personal hygiene practices;

(7) Legal liability and insurance issues; and

(8) Overview of abatement.

(C) Successful completion of the core training program satisfies the prerequisite of the core training program required for each license issued pursuant to Chapter 3701-32 of the Administrative Code.

(D) A lead inspector initial training program shall include instruction on the following:

(1) The role and responsibilities of a lead inspector;

(2) Clearance standards and testing, including random sampling; and

(3) Hands-on training and experience on the following:

(a) Lead-based paint inspection methods;

(b) Water, dust, air, paint-chip and soil sampling methodologies and quality control; and

(c) Compilation and preparation of the final inspection report and the preparation and maintenance of clearance examination documentation.

(E) A lead risk assessor initial training program shall include instruction on the following:

(1) The role and responsibilities of a lead risk assessor;

(2) All information required by paragraph (D) of this rule;

(3) The background information necessary to perform a lead risk assessment;

(4) The interpretation of sampling results;

(5) How to abate or reduce lead-based paint hazards including instruction on when less than full abatement is appropriate;

(6) How to develop a plan to control lead hazards without conducting full abatement;

(7) Record-keeping requirements;

(8) Identification of lead-based paint hazards, lead-contaminated dust, and lead-contaminated soil;

(9) The lead hazard screen risk assessment protocol;

(10) Other sources of lead exposure; and

(11) Hands-on training and experience on the following:

(a) Visual assessment and sampling guidelines; and

(b) Preparation of lead activity reports and the preparation and maintenance of clearance examination documentation.

(F) A clearance technician initial training program shall include instruction on the following:

(1) The health effects of lead on the human body including how lead enters and affects the body, symptoms of lead in the body and diagnosis, level of concern and treatment;

(2) The role and responsibilities of a clearance technician;

(3) Visual assessment to correctly identify visible dust, debris, and deteriorated paint;

(4) Federal and state regulatory requirements for lead clearance testing;

(5) Selecting an environmental lead analytical laboratory and interpreting analysis results; and

(6) Hands-on training and experience on the following:

(a) Visual assessment methods;

(b) Dust sampling methodologies;

(c) Compilation and preparation of the post-other than abatement clearance examination report; and

(d) Answering client questions, documentation, and record keeping.

(G) A lead abatement contractor initial training program shall include instruction and information on the following:

(1) Legal and insurance issues relating to lead-based paint abatement;

(2) Employee information and training;

(3) Project management;

(4) Contract specification development;

(5) Supervisory techniques;

(6) Medical monitoring requirements;

(7) How to conduct water, soil, dust, paint- chip and air sampling;

(8) Clearance standards and testing methods;

(9) Waste disposal;

(10) The community relations process;

(11) Cost estimation techniques;

(12) Record-keeping requirements;

(13) Integration of lead abatement work with other than abatement work; and

(14) Hands-on training and experience on the following:

(a) Risk assessment and report interpretation;

(b) Development of a pre-abatement plan;

(c) Lead hazard recognition and control;

(d) Respiratory protection and protective clothing;

(e) Lead-based paint abatement hazard reduction methods, including prohibited methods;

(f) Personal air monitoring procedures and techniques;

(g) Soil and exterior dust abatement or lead-based paint hazard control and reduction methods; and

(h) Interior dust abatement or clean up and lead hazard reduction.

(H) A lead abatement project designer initial training program shall include, for large scale abatement projects information on the following:

(1) Requirements of paragraph (G) of this rule;

(2) Worker protection and worker safety;

(3) Occupant protection and community relations;

(4) Abatement and other lead hazard reduction methods;

(5) Specification writing;

(6) Operations and maintenance planning;

(7) Clean-up and waste disposal;

(8) Writing pre-abatement plans;

(9) Clearance examinations; and

(10) Hands-on training and experience on the following:

(a) Risk assessment and inspection reports interpretation;

(b) Information on project design including integration with modernization projects, abatement design or lead hazard reduction strategy, cost estimation, and construction techniques;

(c) Contract specification writing workshops; and

(d) Development of a pre-abatement plan.

(I) A lead abatement worker initial training program shall include instruction and hands-on training and experience on:

(1) Hazard recognition and control;

(2) Respiratory protection;

(3) Personal hygiene;

(4) Lead-based paint abatement and lead hazard reduction methods, including prohibited practices;

(5) Interior dust abatement methods and clean-up or lead hazard reduction;

(6) Soil and exterior dust abatement methods or lead hazard reduction; and

(7) Waste disposal.

(J) An approved training program may request approval to offer a refresher program for any corresponding initial program for which it already has received approval or for which it is concurrently requesting approval. The director shall not approve a refresher program unless the training program has received approval to teach the corresponding program discipline and the refresher program meets the requirements of this rule. Approval to offer a refresher program expires with the expiration of approval to offer the corresponding initial program.

(1) An approved refresher training program shall provide instruction on the following:

(a) An overview of current safety practices relating to lead activities in general, as well as specific information pertaining to the appropriate discipline;

(b) An update on current laws and regulations relating to lead activities in general, as well as specific information pertaining to the appropriate discipline; and

(c) An update on current technologies related to lead activities in general, as well as specific information pertaining to the appropriate discipline;

(2) The refresher programs for lead abatement worker, lead abatement contractor, lead risk assessor, lead inspector and lead abatement project designer must include at least eight training hours every two years. The refresher program for clearance technician shall not exceed two hours or 2.4 training hours every four years;

(3) A lead abatement worker may take a lead abatement contractor refresher program in lieu of a lead abatement worker refresher program; a lead inspector may take a lead risk assessor refresher training program in lieu of a lead inspector refresher program; and a lead abatement project designer may take a lead abatement contractor refresher program in lieu of a lead abatement project designer refresher program; and

(4) Each trainee shall be required to pass a discipline-specific program test that is based on materials taught in the refresher program.

(K) For each initial program it offers, except for the core program, the training program shall conduct a hands-on skills assessment and a program examination at the completion of the program to evaluate trainee competency and proficiency. The hands-on skills assessment and the program examination shall be successfully completed for a trainee to pass any program.

(1) For each program examination administered, the following shall apply:

(a) An initial program examination shall consist of a minimum of fifty multiple choice questions. A refresher program test shall consist of a minimum of twenty-five multiple choice questions; and

(b) The training manager shall be responsible for determining the passing score for the program examination.

Effective: 07/02/2009
R.C. 119.032 review dates: 04/08/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.08
Rule Amplifies: 3742.02 , 3742.04 , 3742.05 , 3742.10 , 3742.15 , 3742.16 , 3742.19
Prior Effective Dates: 12/30/1994 (Emer.), 3/30/95, 3/26/98, 4/15/04

3701-82-01.4 Third party licensure examination administration.

(A) The director may conduct and administer licensing examinations or contract with a standardized testing service to conduct and administer the licensing examinations. Training programs may not conduct or administer licensing examinations. If the director contracts with a standardized testing service to conduct and administer licensing examinations, the contract shall require that the license examination administrator do at least the following:

(1) Utilize subject matter experts in the development of examinations for licensure;

(2) Develop an item pool for each examination for licensure with a sufficient number of examination items to produce several versions of each examination by discipline with each item being assessed and evaluated for technical accuracy and readability;

(3) Field test each examination to establish the psychometric properties of the examinations, as well as the clarity of instruction, formats, and items;

(4) Have computer capability to maintain an item pool for easy access, retrieval, and scrambling of examination items and maintenance of accurate records of examination items and their use;

(5) Develop examinations that will measure the competency of the individual to provide safe, reliable and competent work activities in the discipline being tested or;

(6) Develop examinations written for a reading comprehension level appropriate for the education and experience requirements of the discipline. Except for the lead abatement worker and clearance technician disciplines, each examination will include at least one hundred operational items with a maximum of two hours allocated for completion of the examination;

(7) Develop examinations that meet the requirements of the United States environmental protection agency (USEPA) standards and requirements established under sections 402 and 404 of Title IV of the "Toxic Substance Control Act";

(8) Develop and implement procedures to assure quality control, confidentiality, legal defensibility and security of all examination questions, examinations and material during all stages of examination development, administration and delivery to and from examination sites;

(9) Provide Monday through Saturday Ohio toll-free telephone registration to all examination candidates, with all candidates afforded the opportunity to sit for an examination within one week of registration;

(10) Provide a minimum of four examination sites with at least one site located in the northern, central and southern portions of the state for examination candidate convenience;

(11) Provide examination sites with suitable accommodations including adequate lighting and ventilation, sufficient room for spacing the candidates, chairs and a writing surface, and accessibility to rest rooms, and ensuring that the accommodations are free from distractions that would affect optimal performance on the examination;

(12) Provide easily accessible examination sites with adequate parking facilities and public transportation;

(13) Provide a sufficient number of examination versions to deter cheating or other fraudulent activities;

(14) Provide examination sites designated as non-smoking and accessible to the handicapped or physically challenged;

(15) Provide sufficient trained personnel at each examination site to register candidates, administer the examination, closely monitor testing activities and assure the examination procedure at each examination site is consistent;

(16) Require that all candidates provide proof of successful completion of training applicable to the discipline for which they are being examined and require that candidates provide proof of identification;

(17) Screen each candidate and examine only eligible candidates meeting the required experience, education, and identification requirements for the discipline for which they are being examined;

(18) Collect all license examination fees from the candidates;

(19) Provide the candidate examination results including the passing score and the candidate's numeric score and distribute a certificate to each candidate upon successful examination completion;

(20) Provide an examination diagnostic for candidates failing the examination to assist the student in preparation for re-taking the examination;

(21) Establish capacity to electronically forward examination results to the director within forty-eight hours with transfer of data in the following order and sequence: last name, first name, middle initial, street number, street name, city, state, zip code, social security number, control number, date of birth, exam type, exam date, employing agency, score, and examination version;

(22) Re-administer an examination to any candidate at no charge if the candidates' examination failure may be due to disruptions or problems arising at the examination site;

(23) Examinations for each discipline shall be available for administration at a frequency to meet the demand;

(24) Maintain the security and confidentiality of examination materials before, during and after examination administration;

(25) Establish a data base which meets the approval of the director, and shall include without limitation information concerning pass-fail rates, training program, experience of applicants, applicant education and training level, and location of applicant by region of the state;

(26) Collect sufficient data about each examination and candidate to allow for the generation and assignment of a unique identifier for each examination date and time and for each candidate tested; and

(27) Generate routine examination reports and summaries for the exclusive use of the director.

(B) Examination fees charged by the director or the contracted examination administrator shall not exceed seventy dollars.

Effective: 07/02/2009
R.C. 119.032 review dates: 04/08/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.08
Rule Amplifies: 3742.02 , 3742.04 , 3742.05 , 3742.10 , 3742.16
Prior Effective Dates: 4/15/2004

3701-82-02 Application procedures for environmental lead analytical laboratory and clinical laboratory approval and standards of conduct.

(A) Except as provided in paragraphs (H) and (I) of this rule, and except for the performance of real time analysis of lead content in paint film, no person shall provide or offer to provide analysis of lead content in air, dust, soil, paint film or other substances, for the purposes of meeting the requirements set forth in Chapter 3742. of the Revised Code and the rules adopted thereunder, unless that person is approved by the director as an environmental lead analytical laboratory or employed by an environmental lead analytical laboratory approved by the director.

(B) The director shall not approve an application for environmental lead analytical laboratory approval unless the applicant meets all the following criteria:

(1) The applicant submits a complete application for approval as an environmental lead analytical laboratory in accordance with paragraph (L) of this rule;

(2) The applicant demonstrates successful quarterly performance in the "Environmental Lead Proficiency Analytical Testing" (ELPAT) program and is currently accredited by an accrediting organization that participates in the "National Lead Laboratory Accreditation Program" (NLLAP) as provided for in P.L. 102-550;

(3) The applicant demonstrates compliance with the record-keeping and reporting requirements of rule 3701-32-14 of the Administrative Code; and

(4) The applicant certifies that the laboratory will comply with all the requirements of its NLLAP recognition.

(C) If an approved environmental lead analytical laboratory has its NLLAP recognition denied, revoked, suspended or limited, the laboratory shall notify the director within twenty-four hours of that action. The laboratory shall also notify the director within five business days each time the laboratory's NLLAP accreditation as an environmental lead analytical laboratory is renewed or modified.

(D) An approved environmental lead analytical laboratory shall implement the use of documented methodologies that incorporate adequate quality control measures when analyzing environmental samples. The laboratory shall use methods acceptable under their NLLAP approval for environmental samples being analyzed for the purpose of meeting the requirements set forth in Chapter 3742. of the Revised Code and Chapters 3701-30, 3701-32 and 3701-82 of the Administrative Code.

(E) Except as provided in paragraph (G) of this rule, no person shall provide or offer to provide analysis of lead content in blood, for the purpose of meeting the requirements set forth in Chapter 3742. of the Revised Code and the rules adopted thereunder, unless that person is approved by the director as a clinical laboratory or employed by a clinical laboratory approved by the director.

(F) The director shall not approve an application for a clinical laboratory unless the applicant meets all the following criteria:

(1) The applicant submits a complete application for approval as a clinical laboratory in accordance with paragraph (L) of this rule;

(2) The applicant demonstrates possession of a current "Clinical Laboratory Improvement Amendments of 1988" (CLIA) certification or certificate of waiver by the U.S. department of health and human services as set forth in P.L. 100-578 to perform blood lead testing;

(3) The applicant demonstrates compliance with the record-keeping and reporting requirements set forth in rules 3701-30-05 and 3701-32-14 of the Administrative Code;

(4) The applicant certifies that the laboratory will comply with all the requirements of its CLIA accreditation by signing the application; and

(5) Upon approval, an applicant that analyzes blood for lead content under a CLIA certificate of waiver, must successfully participate in a proficiency testing program that is also acceptable for CLIA non-waived blood lead analysis procedures.

(G) If an approved clinical laboratory has its CLIA accreditation revoked, suspended or limited, the laboratory shall notify the director within twenty-four hours of that action. The laboratory shall also notify the director within five business days each time the laboratory's CLIA certification or certificate of waiver as a clinical laboratory is renewed or modified.

(H) A laboratory operated by the federal government is exempt from approval by the director as an environmental lead analytical laboratory or a clinical lead laboratory.

(I) Environmental samples of water collected for the purpose of meeting the requirements set forth in Chapter 3742. of the Revised Code and Chapters 3701-30, 3701-32, and 3701-82 of the Administrative Code shall be analyzed by a laboratory certified to analyze lead in drinking water by the Ohio environmental protection agency (OEPA) pursuant to Chapter 3745-89 of the Administrative Code. Laboratories certified pursuant to Chapter 3745-89 of the Administrative Code are exempt from the requirements of this rule for the purposes of analyzing lead in drinking water.

(J) Initial approval of an environmental lead analytical laboratory or clinical lead laboratory expires twelve months from the date of issuance and annually thereafter. Expiration of an approval is not subject to appeal.

(K) If at any time an environmental lead analytical laboratory or clinical laboratory does not meet the requirements set forth in Chapter 3742. of the Revised Code or of this rule, the director, in accordance with Chapter 119. of the Revised Code may:

(1) Refuse to issue or renew an approval of an environmental lead analytical laboratory or clinical laboratory; or

(2) Suspend or revoke the approval of an environmental lead analytical laboratory or clinical laboratory.

(L) For the purposes of this rule, an application is considered complete when the director has received from the applicant:

(1) A completed application;

(2) Documentation required by paragraphs (B) and (F) of this rule; and

(3) An application fee of three hundred dollars, payable to the "Treasurer, State of Ohio."

Effective: 07/02/2009
R.C. 119.032 review dates: 04/08/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.09
Rule Amplifies: 3742.04 , 3742.06 , 3742.15 , 3742.16
Prior Effective Dates: 12/30/94 (Emer.), 3/30/95, 3/26/98, 4/15/04

3701-82-03 Variances.

(A) The director may grant a variance from the requirements set forth in rules 3701-82-01 to 3701-82-02 of the Administrative Code unless variance is requested to a statutory requirement. Before the director grants the variance, the party requesting the variance must show that:

(1) Granting the variance will not jeopardize the health and safety of the public; and

(2) Because of practical difficulties or other special conditions, strict application of the rule requirement, from which the variance is requested, will cause unusual and unnecessary hardship.

(B) The director shall not grant a variance that defeats the spirit and general intent of rules 3701-82-01 to 3701-82-02 of the Administrative Code or that is not in the public interest.

(C) The party requesting the variance from rules 3701-82-01 to 3701-82-02 of the Administrative Code shall make a request to the director on a form prescribed by the director. The written request shall specify the following:

(1) How granting the variance will not jeopardize the health and safety of the public;

(2) The rule requirement for which the variance is requested;

(3) The practical difficulties or other special conditions that exist that will cause unusual or unnecessary hardship if the rule requirement is strictly enforced;

(4) The time period for which the variance is requested; and

(5) The specific alternative action the party requesting the variance proposes to take to meet the spirit and general intent of the rule.

(D) The director may request additional information from the party requesting the variance prior to making a determination regarding the request. The director may establish conditions that the party requesting the variance shall meet for the variance to be effective or, if the variance is in effect, to continue to be in effect.

(E) The director may revoke a variance if the director determines that:

(1) The variance adversely affects the health and safety of the general public;

(2) The party requesting the variance fails to comply with the variance as granted;

(3) The party requesting the variance notifies the director in writing that the licensee or other interested party wishes to relinquish the variance; or

(4) The variance conflicts with a statutory change that renders the variance invalid.

(F) The director shall notify the party requesting the variance, in writing, of the director's determination whether or not to grant the variance, or to revoke a previously granted variance. The director's decision regarding the denial or revocation of a variance shall be final and is not subject to Chapter 119. of the Revised Code.

Effective: 07/02/2009
R.C. 119.032 review dates: 04/08/2009 and 07/01/2014
Promulgated Under: 119.03
Statutory Authority: 3742.08 , 3742.09
Rule Amplifies: 3742.06 , 3742.10 , 3742.15 , 3742.16
Prior Effective Dates: 3/26/1998, 4/15/2004