The undersigned hereby attest(s) that all information contained in this document and all supporting documents are accurate and complete. Contingent on approving by the American Society for Occupational Safety & Health ("ASOSH"), the Instructor submitting this application ("Instructor") hereby agrees to the following conditions.
1. APPROVED INSTRUCTOR DUTIES
The instructor voluntarily agrees to accept ASOSH's accreditation standards and to submit necessary information for Participation as an approved Instructor by procedures set forth in the ASOSH Handbook for Accreditation. The ASOSH may revoke this agreement and any approval if the instructor fails to submit necessary supporting information and to abide by the accreditation standards.
2. APPROVAL DETERMINATION
The instructor shall be deemed "approved" when the Instructor Panel has determined that the applicant meets Instructor standards and ASOSH has issued the instructor a formal accreditation certificate, enabling the instructor to publicly proclaim that they are in conformance with approval procedures and standards. The instructor may publicly display the Instructor Certificate only during such period as the instructor remains in conformance with the accreditation procedures and standards. The instructor shall not display the certificate when nonconformance has been determined by ASOSH and approval has been withheld or withdrawn. The instructor shall abide by the decision of ASOSH regarding conformance or nonconformance of the instructor with applicable approval standards. The instructor shall not permit the display or use of the certificate other than as permitted by ASOSH and the terms of this agreement and the accreditation procedures. The ASOSH may revoke this Agreement if the instructor uses the certificate in contravention of this agreement, and the ASOSH may issue a public announcement to this effect in accordance with the provisions of the Handbook for Accreditation.
3.INSTRUCTOR APPROVAL PROCEDURES
Both ASOSH and the Instructor shall follow and be controlled by the procedures and rules regarding the formulation of standards, reporting of information, complaints, representation of Instructor status, and other matters to which this Agreement refers, as set forth in the Handbook for Accreditation developed and periodically reviewed and updated by ASOSH.
4.INSTRUCTOR'S GOOD FAITH CONFORMANCE
The instructor shall use all practical means at his/her disposal continuously to assure that the services he/she provides fully conform with the applicable approval standards at all times.
5.RIGHT TO AUDIT
When an audit of an instructor is required, requested, or otherwise deemed necessary or desirable by ASOSH, ASOSH will notify the instructor of the approximate dates of an audit. If an audit is declined and cannot be scheduled to the mutual agreement of ASOSH and the Instructor, the Instructor will be placed on Probation/Suspension. Upon scheduling an audit, ASOSH selects, from a list of names it has approved, the auditor(s). Detailed arrangements for the audit are made through direct contact between the instructor and the auditor(s).
6.CHARGES OF INSTRUCTOR NONCONFORMANCE
The instructor agrees that if a claim of nonconformance with approval/accreditation procedures or standards is filed against the Instructor, the Instructor will promptly work to satisfactorily resolve the nonconformance. The Instructor or the company contracting the Instructor or company Instructor is directly affiliated with agrees to reimburse AOSH for any expenses related thereto, unless the claim was filed by another Provider and is found to be without merit, in which case the charging Provider shall reimburse ASOSH.
When reference is made to Instructor approval at any time, only the following shall be referred to or used: 1) The term "ASOSH Approved"; 2) An official certificate or stamp issued by ASOSH, provided such certificate or stamp shall be printed in full, without alteration of any kind; or 3) An approved version of the ASOSH logo and trademark owned by ASOSH and whose nonexclusive use by the Instructor is hereby licensed to the Instructor upon official notification that the Instructor has received approval. ASOSH shall have the right to notify the Instructor of any material used or issued by the Instructor that ASOSH considers to be misleading to the public in regard to any reference to ASOSH or to the Instructor’s approval, and the Instructor agrees on receipt of notice from ASOSH to terminate use of such materials and take such other steps as ASOH may deem appropriate in the public interest..
8.INDEMNIFICATION AND HOLD HARMLESS
The Instructor agrees to indemnify and hold harmless ASOSH, the Panel, and ASOSH’s directors, officers, members, employees and agents from and against any and all liability, loss, damages, costs, or expenses, including reasonable attorney’s fees, which they may incur, suffer, or be required to pay by reason of, or in consequence of, Instructor’s actions, or breach of this Agreement or any acts or omissions of ASOSH or the panel in respect to the right granted hereunder to obtain and to represent approved status or to display formal approval certificate, or that may be sustained or incurred in making any investigation on account of any claim, loss, cost, damage, or expense, or in defending or prosecuting any action, suit, or other proceeding that may be brought in connection therewith, or in enforcing any of the obligations herein contained, or in obtaining a release from liability in connections therewith.
9.DISCIPLINARY ACTIONS AGAINST INSTUCTORS
ASOSH may, at its sole discretion, bring disciplinary action against any ASOSH-approved Instructor. Disciplinary action may be for a specified time period or indefinite. Disciplinary actions include, but are not limited to, Probation, Suspension, and/or Certificate Revocation. Disciplinary actions are not meant to be sequential. ASOSH may, at its sole discretion, move directly to Suspension or Revocation, depending on severity of the infraction.
ASOSH may return the Instructor to the certificate status held prior to the disciplinary action after the issues prompting disciplinary action are resolved. ASOSH, at its sole discretion, may choose not to return the Instructor to the certificate status held prior to the disciplinary action and may temporarily or permanently revoke the Instructor’s certificate. If the disciplinary action is Probation or Suspension, failure of the Instructor to take remedial actions requested by ASOSH will result in additional disciplinary action taken against the Instructor. Ultimately, revocation will result if the Instructor fails to act or takes insufficient steps to resolve the issue in the timeframe specified.
Reasons for Disciplinary Actions include, but are not limited to, the following:
- Failure to abide by accreditation standards
- Failure to resolve a complaint issued against the Instructor
- Failure to follow quality control procedures
- Cheating, conducting components of the program fraudulently, and/or compromising the quality of the program
Any Certified Instructor may be placed on Probation by ASOSH at any time. An Instructor on Probation may continue teaching classes scheduled during the Probation period.
Placing an Instructor on Probation is a warning that, if the Instructor does not correct all deficiencies noted by ASOSH, the Instructor will be subject to further disciplinary actions up to and including Revocation of certification.
The Instructor must resolve all issues identified in the disciplinary action and supply ASOSH evidence of such actions.
Any Instructor may be suspended by ASOSH at any time. A Suspended Instructor will not be permitted to teach at any ASOSH accredited Training Provider. A Suspended Instructor’s access to all ASOSH databases will be suspended for the duration of the Suspension.
The Suspended Instructor must resolve all issues identified in the disciplinary action and supply ASOSH evidence of such actions. Upon resolving all issues, ASOSH may reinstate the Instructor.
Failure to resolve all issues for which the Suspension is in place will result in the Instructor’s Certification being permanently revoked.
9C). Instructor Revocation
Any Instructor may have his or her certificate revoked by ASOSH at any time. ASOSH will immediately notify the Instructor when a decision to revoke his or her certificate has been made. Following notification, ASOSH will remove the Instructor’s access to the database.
Upon revocation of certification, the Instructor must do as follows:
- Cease all ASOSH-related teaching activities immediately upon notification of
- Destroy the issued ASOSH Instructor’s.
10A). Resolution of Disputes and Forum Selection Clause
Any dispute arising from or relating to the ASOSH Programs, its policies and procedures, or its administration shall be resolved in the following manner:
- First, by notifying ASOSH of the dispute in writing and by requesting non-binding mediation. The mediation shall take place in USA, Tennessee, unless otherwise agreed to by ASOSH. The mediation request shall include a brief narrative explaining the basis for the dispute, list of three neutral mediators, and the relief requested. ASOSH shall have twenty (20) days from receipt of a Mediation Request to pick a mediator from the list provided. The costs and expenses of any such mediation, including compensation and expenses of the mediator, shall be the responsibility of each party to the mediation.
- Next, if the dispute cannot be resolved within sixty (60) days of the notice of mediation, then the dispute may be brought in the courts of the State of Texas. Specifically, the venue shall be in USA, Tennessee.
10B). Limitation of Liability
IN NO EVENT SHALL ASOSH BE RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES ARISING OUT OF ANY DISCIPLINARY ACTION, INCLUDING, BUT NOT LIMITED TO, ALLEGED LOST PROFITS, LOST BUSINESS OPPORTUNITY, LOSS OF REPUTATION, PUNITIVE DAMAGES, AND/OR ATTORNEYS’ FEES. THIS LIMITATION APPLIES TO ANY CLAIM OR CAUSE OF ACTION, HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT, OR EQUITY, REGARDLESS OF WHETHER ASOSH HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OR ANTICIPATED SUCH LOSS OR DAMAGES.
For as long as the Instructor remains in conformance with the standard and all related policies, this Agreement shall be effective on the date of issuance of the ASOSH® Instructor Certificate to the Instructor and shall be renewed automatically upon determination of continued conformance as determined through completion of a periodic audit..