Chapter DHS 159

DHS 159.22 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09; reprinted to correct printing error in (18) (intro.) Register August 2009 No. 644.

subch. IV of ch. DHS 159 Subchapter IV — Requirements for Training Course Accreditation

DHS 159.23 DHS 159.23 Training course accreditation requirements.

DHS 159.23(1) (1) No person may conduct, advertise, offer, or claim to provide an initial or refresher training course that prepares an individual for certification under subch. II unless the person holds certification under subch. III as an asbestos company and the training course is accredited by the department. Accreditation is required for each distinct training course.

DHS 159.23(2) (2) The department shall accredit asbestos training courses in the following disciplines:

DHS 159.23(2)(a) (a) Asbestos supervisor initial and refresher courses.

DHS 159.23(2)(b) (b) Asbestos worker initial and refresher courses.

DHS 159.23(2)(c) (c) Asbestos worker initial and refresher courses conducted in a language other than English.

DHS 159.23(2)(d) (d) Asbestos inspector initial and refresher courses.

DHS 159.23(2)(e) (e) Asbestos management planner initial and refresher courses.

DHS 159.23(2)(f) (f) Asbestos project designer initial and refresher courses.

DHS 159.23(2)(g) (g) Exterior asbestos supervisor initial and refresher courses.

DHS 159.23(2)(h) (h) Exterior asbestos worker course.

DHS 159.23(2)(i) (i) Exterior asbestos worker course conducted in a language other than English.

DHS 159.23(3) (3) A course application that meets the requirements for accreditation under this subchapter shall be granted contingent accreditation, which allows a person to offer and conduct the course pending a full onsite training course audit to determine if the course qualifies for full accreditation.

DHS 159.23 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.24 DHS 159.24 Application requirements for contingent accreditation. Separate application is required for each course for which accreditation is requested. Application for original accreditation of a training course, or for accreditation of a course for which accreditation has been expired for 12 months or longer, shall be submitted to the department on an application form obtained from the department and shall include all of the following application materials:

DHS 159.24(1) (1) Application form. The fully and accurately completed department application form signed and dated by the applicant.

DHS 159.24(2) (2) Fees. The accreditation fees required under s. DHS 159.26 (1) for the training course discipline.

DHS 159.24(3) (3) Previous accreditation certificates. Documentation of training course accreditation if the training course has been previously accredited by the EPA or by a state.

DHS 159.24(4) (4) Asbestos company application. An application for certification as an asbestos company under subch. III if the applicant is not already certified as an asbestos company.

DHS 159.24(5) (5) Course description and materials. The complete course description, information and materials, as follows:

DHS 159.24(5)(a) (a) Training resources. A written description of the training resources that will be provided for the course, including a description of all of the following:

DHS 159.24(5)(a)1. 1. The classroom space and set-up for lecture and hands-on training and training sites for field trips.

DHS 159.24(5)(a)2. 2. Training supplies and equipment for demonstration and hands-on activities.

DHS 159.24(5)(a)3. 3. Audiovisual equipment, computer software and any other classroom technology.

DHS 159.24(5)(b) (b) Principal instructor. The name of at least one department-approved principal instructor who will teach the course, or an application for principal instructor approval under subch. V.

DHS 159.24(5)(c) (c) Record keeping. A written description of record keeping administered under s. DHS 159.19 (7) (b) that includes all the following:

DHS 159.24(5)(c)1. 1. The types of records kept and for what lengths of time.

DHS 159.24(5)(c)2. 2. The complete street address for the location where records will be kept.

DHS 159.24(5)(c)3. 3. The normal business days and hours at the location.

DHS 159.24(5)(d) (d) Student admissions plan. A written description of the student admissions plan that meets the requirements under s. DHS 159.22 (7).

DHS 159.24(5)(e) (e) Course curriculum. Course curriculum materials provided to the department that include all of the following:

DHS 159.24(5)(e)1. 1. ‘Course agenda.’ A course agenda that meets the requirements under s. DHS 159.22 (10).

DHS 159.24(5)(e)2. 2. ‘Instructor manual.’ An instructor manual for the course that meets the requirements under s. DHS 159.22 (14).

DHS 159.24(5)(e)3. 3. ‘Student manual.’ The student course manual required under s. DHS 159.22 (15), also including copies of regulations, handouts and any other written materials provided to students.

DHS 159.24(5)(e)4. 4. ‘Topic analysis worksheet.’ A completed topic analysis worksheet, obtained from the department, for the course as required under ss. DHS 159.29 to 159.35 on which the applicant has entered the page locations in the course manuals and other written materials of each required topic.

DHS 159.24(5)(f) (f) Course test information. The course test as required under s. DHS 159.22 (16), the answer key, and a course test blueprint that clearly shows how the course test was developed to reflect course content and student learning goals and objectives.

DHS 159.24(5)(g) (g) Evaluation form. A course and instructor evaluation form as required under s. DHS 159.22 (5).

DHS 159.24(5)(h) (h) Training certificate. A sample of the training certificate required under s. DHS 159.22 (17) for the course that is printed on the same paper and in the same color as the actual certificate that the training provider issues to students who successfully complete all training course requirements.

DHS 159.24(5)(i) (i) Non-English courses. If accreditation is being requested for an exterior asbestos worker, asbestos worker initial, or asbestos worker refresher course in a language other than English, all course materials for students and instructors shall be provided in the language and in English translation. These materials include the course agenda, instructor manual, student manual and any other handouts, course test and evaluation form.

DHS 159.24(6) (6) Index of submitted information. A written index of all information and materials submitted with the application for accreditation under subs. (1) through (5).

DHS 159.24 Note Note: Application forms are available on the department’s website at www.dhs.wi.gov/asbestos or may be obtained from the Asbestos and Lead Unit: [e-mail]; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.

DHS 159.24 Note Note: Submit application and fee to Asbestos and Lead Unit: 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659; (fax) 608-266-9711; [e-mail]. For application submitted by fax or email payment may be made only by credit or debit charge to a VISA or MasterCard.

DHS 159.24 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.25 DHS 159.25 Application requirements for renewal of contingent or full course accreditation. A separate application is required for each course for which renewal of accreditation is requested. Application for renewal of a course accreditation shall be submitted to the department and shall include all of the following:

DHS 159.25(1) (1) Application form. The fully and accurately completed department application form, signed and dated by the applicant.

DHS 159.25(2) (2) Fees. The accreditation renewal fee required under s. DHS 159.26 (1) for the training course discipline, and any past audit fees the provider owes.

DHS 159.25(3) (3) Course changes. A complete description of any changes made to the training course or training resources since the last application was approved.

DHS 159.25 Note Note: Application forms are available on the department’s website at www.dhs.wi.gov/asbestos or may be obtained from the Asbestos and Lead Unit: [e-mail]; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.

DHS 159.25 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.26 DHS 159.26 Accreditation and audit fees. The appropriate course accreditation fee is required when making application for contingent course accreditation. The appropriate accreditation renewal fee is required for each training course for which renewal of accreditation is requested.

DHS 159.26(1) (1) Accreditation fees. Fees for accreditation and annual renewal of accreditation for a training course are as follows:

DHS 159.26(1)(a) (a) Effective May 1, 2009 and until June 30, 2011, a fee of $300 for each initial training course.

DHS 159.26(1)(b) (b) Effective July 1, 2011, for an initial asbestos worker, asbestos supervisor or asbestos inspector training course, a fee of $500 for each course. For all other initial training courses, a fee of $300 per year for each course.

DHS 159.26(1)(c) (c) Effective May 1, 2009 and until June 30, 2011, a fee of $150 per year for each refresher training course.

DHS 159.26(1)(d) (d) Effective July 1, 2011, a fee of $250 per year for each refresher training course.

DHS 159.26(2) (2) Methods of payment. Payment of a fee shall be by check or money order payable to “Department of Health Services” or “DHS,” or may be charged to a VISA or MasterCard. For application submitted by fax or email, payment may be made only by credit or debit charge to a VISA or MasterCard. The department will not accept cash payment. A person who submits a fee by a check that is not honored by a financial institution may be required to submit the fee in a form of payment that is guaranteed by a financial institution and to pay any processing charges assessed by the financial institution.

DHS 159.26(3) (3) Nonrefundable and nontransferable. Fees are nonrefundable and nontransferable.

DHS 159.26 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.27 DHS 159.27 Department decisions on training course accreditation and renewal of accreditation.

DHS 159.27(1) (1) Contingent accreditation. Accreditation for a training course that has not been previously accredited or for a course for which accreditation has been expired for 12 months or more shall be contingent accreditation pending a successful on-site audit of the course that determines the course qualifies for full accreditation. The department shall make a decision on an application for contingent accreditation as follows:

DHS 159.27(1)(a) (a) Incomplete application.

DHS 159.27(1)(a)1. 1. Within 15 calendar days after receiving an incomplete application for training course accreditation, the department shall provide instructions to the applicant regarding what action the applicant must take to complete the application. The department may require the applicant to submit a $25 processing fee when the department must obtain additional information due to an incomplete application.

DHS 159.27(1)(a)2. 2. If a complete application is not received by the department within 60 days after the department first receives the application, the application is void. For a training course to be reconsidered for accreditation, the applicant shall submit a new complete application, including the required fees, to the department.

DHS 159.27(1)(b) (b) Complete application. Within 90 calendar days after receiving a complete application for training course accreditation, the department shall review the application and accompanying materials and do one of the following:

DHS 159.27(1)(b)1. 1. Grant contingent accreditation. If the department determines that the training course as described in written materials is in compliance with this chapter and meets the requirements for accreditation, the department shall issue the applicant a certificate of contingent accreditation.

DHS 159.27(1)(b)2. 2. Require changes. If the department determines that the training course as described in written materials is not in compliance with this chapter and does not meet the requirements for accreditation, the department may inform the applicant in writing of any changes required to course documentation or structure. The department shall review changes received from the applicant within 60 days after receipt. If the required changes to course documentation or structure are not received by the department within 60 days after the department sends written instructions to the applicant, the application is void. For a training course to be reconsidered for accreditation, the applicant shall submit a new application, including the required fees, to the department.

DHS 159.27(1)(b)3. 3. Deny contingent accreditation. If the department determines that the training course as described in written materials is not in compliance with this chapter and does not meet the requirements for accreditation, the department may deny contingent accreditation and shall provide the applicant with written notification of the reason for denial and appeal rights under subch. VI.

DHS 159.27(1)(c) (c) Number of renewals allowed for contingent accreditation. The department may renew contingent course accreditation a maximum of 2 times.

DHS 159.27(2) (2) Full accreditation. The department shall conduct an onsite in-state audit of a training course that has been granted contingent accreditation to determine whether the training course as delivered meets the training course requirements of this chapter. Based on the results of the audit, the department shall take one of the following actions:

DHS 159.27(2)(a) (a) Grant full accreditation. If the department determines that the training course is in compliance with this chapter and meets the requirements for full accreditation the department shall issue the training provider a certificate of full accreditation to replace the certificate of contingent accreditation. The course expiration date shall remain the same.

DHS 159.27(2)(b) (b) Continue contingent accreditation. If the department determines that the training course is not in compliance with this chapter and does not meet the requirements for full accreditation, the department may allow contingent accreditation to remain in effect to allow the training provider to bring the course into compliance.

DHS 159.27(2)(c) (c) Suspend or revoke accreditation. If the department determines that the training course is not in compliance with this chapter the department may suspend or revoke the course contingent accreditation and shall provide the applicant with written notification of the reason for suspension or revocation and appeal rights under subch. VI.

DHS 159.27(3) (3) Compliance audits. In addition to audits conducted to determine full accreditation, the department may conduct onsite audits of any accredited training course to determine compliance with this chapter.

DHS 159.27(4) (4) Conduct of audits. A training provider, instructor or other provider representative may not deny department representatives entry to a training class or place of business to conduct an audit.

DHS 159.27(4)(a) (a) An audit may review any of the following:

DHS 159.27(4)(a)1. 1. Records.

DHS 159.27(4)(a)2. 2. Facilities.

DHS 159.27(4)(a)3. 3. Instructional curriculum.

DHS 159.27(4)(a)4. 4. Classroom instruction.

DHS 159.27(4)(a)5. 5. Classroom and time management.

DHS 159.27(4)(a)6. 6. Course test administration and security procedures.

DHS 159.27(4)(b) (b) The department may require a training provider to submit to the department records required under s. DHS 159.19 (7) (b) for purposes of determining compliance.

DHS 159.27(4)(c) (c) Within 60 calendar days after completing an audit, the department shall notify the training provider in writing of the audit results.

DHS 159.27 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.28 DHS 159.28 Training course accreditation effective dates and expiration dates.

DHS 159.28(1) (1) Effective dates. Original or renewed course accreditation is effective on the date the department issues the accreditation certificate.

DHS 159.28(2) (2) Expiration dates. Course accreditation expires as follows.