To: Heads of State Agencies and Human Resource Directors

Subject: EPA Certification

Issue Date: December 15, 1994

Due to actions of the Environmental Protections Agency, HVAC Technicians in the state classified service as of November 14, 1994 must be certified by an organization approved by the EPA before they may service an appliance or equipment containing refrigerant. Accordingly, as of September 15, 1994, the following Necessary Special Requirement was added to the job specifications for HVAC/Refrigeration Mechanic, HVAC/Refrigeration Master Mechanic, and HVAC/Refrigeration Mechanic Foreman:

As of November 14, 1994, employees must possess the appropriate EPA refrigerant recycling and recovery certification for technicians (as required under Section 608 of the Clean Air Act, 1990).

NOTE: Additional information regarding technician certification requirements and programs may be obtained by calling the Stratospheric Protection Hotline at (800) 296-1996 (10am-4pm Eastern Time, Monday-Friday except federal holidays) or by writing:

Section 608 Recycling Program Manager
Environmental Protection Agency
6205-J
401 M Street, SW
Washington, DC 20460

Appointing authorities have several options in dealing with current employees who do not hold the certifications. Civil Service Rule 12.6(b) allows an appointing authority to terminate for nondisciplinary reasons an employee who does not possess a "license, commission, certificate or other accreditation that is legally required for his job . . .". As the subject certification is one legally required for his job, an appointing authority may terminate an employee who does not possess this certification. Where, however, the appointing authority has not given a reasonable opportunity to the employee to obtain such certification and/or the employee obtains the certification prior to the Civil Service appeal hearing of his appeal, the possible result is a grant of the appeal with a reinstatement and back pay ordered.

We recommend that an appointing authority give a reasonable opportunity to its technicians to meet such certification, and to allow or either provide training and education for such certification to take place on duty time. Further, the payment by the appointing authority of the cost of obtaining such certification would not be inappropriate.

During the period of time that the employee does not possess such certification following November 14, 1994, the employee should not be allowed to service an appliance or equipment containing refrigerant. In such case, a detail to another position might be appropriate pending the obtaining of the certification.

Any questions regarding the required certificate may be directed to the Examining Division at (504) 342-8536 or LINC 421-8536.

Sincerely,

Herbert L. Sumrall
Director