Texas Regulations 164.9

(b) A total of ten years active practice in the occupational health and safety profession may qualify an applicant as an approved professional source at the discretion of the commission.

(c) The individual who does not qualify under subsection (b) of this section may qualify as follows. To be considered by the commission, an individual must have at least five years active practice within the last eight years in the occupational health and safety profession. In addition to the active occupational health and safety practice, the individual must meet at least one of the following qualifications:

(1) must have a bachelor's degree or advanced degree in safety, science, or engineering from an accredited college or university or other degrees with a minimum of 55 total semester hours in math, science and/or engineering from an accredited college or university; (2) must be a professional engineer registered in Texas; (3) must be a certified safety professional certified by the Board of Certified Safety Professionals (BCSP); (4) must be a certified industrial hygienist certified by the American Board of Industrial Hygiene (ABIH); or (5) must have a certification by another certifying organization which is approved by the commission.

(d) Occupational Health and Safety Experience is defined as the personal involvement in the development and implementation of safety programs where the individual has been assigned the duty and responsibility in one or more of the eleven occupational health and safety categories listed in paragraphs (1)-(11) of this subsection. All activities which do not fall within any of the 11 categories are not considered safety/health or environmental functions. Occupational health and safety experience will be verified with the employer or immediate supervisor listed by the applicant. The eleven occupational health and safety categories are:

(1) hazard identification; (2) hazard evaluation; (3) hazard control design; (4) hazard control verification; (5) safety/health program design; (6) safety/health program evaluation; (7) safety/health communication; (8) investigation and statistical reporting; (9) safety/health education and training; (10) supervision of other safety and health professionals; and (11) environmental protection.

(e) Applicants who meet the requirements of either subsection (b) or (c) of this section must, in addition, complete an approved professional source seminar conducted by the commission prior to their approval as an approved professional source. Approved professional sources shall attend an approved professional source update seminar prior to December 31 of the year following their initial approval and every other year, thereafter, in order to remain on the active approved professional source list. Required training may be accomplished by means of an Internet program approved by the commission. In the case of major changes to the Hazardous Employer Program, approved professional sources shall be notified by the commission and will be required to obtain training within six months of the notification.

(f) An individual who meets the requirements of subsections (b) or (c), and (e) of this section, shall be approved as an approved professional source to provide safety consultations for hazardous employers.

(g) If an applicant is not approved, the commission shall notify the applicant in writing and specify the basis of the denial.

The provisions of this section 164.9 adopted to be effective September 2, 1991, 16 TexReg 4462; amended to be effective March 10, 1995, 20 TexReg 1423; amended to be effective March 14, 2001, 26 TexReg 2033; amended to be effective October 9, 2002. (27 TexReg 934 ).