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;
plicasbestoslead@dhs.state.wi.us. 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:
plicasbstoslead@dhs.state.wi.us; 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)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)(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.
DHS 159.28(2)(a)
(a) Except as provided under
par. (c), original course accreditation expires one year after the course accreditation issue date.
DHS 159.28(2)(b)
(b) Except as provided under
par. (c), renewed accreditation expires as follows:
DHS 159.28(2)(b)1.
1. When an application for accreditation renewal is submitted to the department before the current course accreditation expiration date, the renewed course accreditation expires one year from the date the current course accreditation expires.
DHS 159.28(2)(b)2.
2. When an application for accreditation renewal is submitted to the department within 12 months after the course accreditation expiration date the renewed course accreditation expires one year after the renewal issue date.
DHS 159.28(2)(c)
(c) Accreditation of a training course that is in effect on May 1, 2009 shall expire one year after May 1, 2009.
DHS 159.28(3)(a)(a) To obtain accreditation for a course that has been expired for more than 12 months, the training provider shall submit application for contingent accreditation under
s. DHS 159.24.
DHS 159.28(3)(b)
(b) A training provider may not conduct a training course if accreditation for the course is expired.
DHS 159.28 History
History: CR 08-036: cr.
Register February 2009 No. 638, eff. 5-1-09.
DHS 159.29
DHS 159.29 Curriculum requirements for exterior asbestos worker course. The training course for the exterior asbestos worker discipline shall be one training day in length. Course instruction shall include: lecture, supplemented with audiovisual materials, and learning exercises and activities; at least 3 hours of hands-on skills training and practice; course review with time to answer questions; a written course test that meets requirements under
s. DHS 159.22 (16); and time to assist students to complete the department application for certification. Course instruction for the exterior asbestos worker discipline shall address all of the following topics:
DHS 159.29(1)
(1) Asbestos characteristics. The physical characteristics of asbestos, including all of the following:
DHS 159.29(1)(d)
(d) Typical asbestos uses on the exterior of structures including NESHAP category I and II non-friable asbestos-containing material (e.g., built-up roofing materials, cementitious roofing materials, cementitious siding materials) and incidental asbestos-containing exterior building products.
DHS 159.29(2)
(2) Health effects. Potential health effects related to asbestos exposure, including all of the following:
DHS 159.29(2)(b)
(b) Dose-response relationship and lack of a safe exposure level.
DHS 159.29(2)(c)
(c) Synergistic effect between cigarette smoking and asbestos exposure.
DHS 159.29(2)(f)
(f) Relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancers of other organs.
DHS 159.29(3)
(3) Personal protective equipment. The use of personal protective equipment, including all of the following:
DHS 159.29(3)(a)
(a) Classes and characteristics of respirators, including respirator protection factors.
DHS 159.29(3)(c)
(c) Proper respirator selection, inspection, donning, use, maintenance, and storage procedures.
DHS 159.29(3)(e)
(e) Methods for field testing of the face piece-to-face seal, including positive and negative pressure fit checks.
DHS 159.29(3)(g)
(g) Variability between field and laboratory protection and factors that alter respirator fit, such as facial hair.
DHS 159.29(3)(h)
(h) Components of a proper respiratory protection program and employer responsibilities.
DHS 159.29(3)(i)
(i) Selection and use of disposable and non-disposable personal protective clothing.
DHS 159.29(3)(L)2.
2. Inspecting, disassembling, cleaning and assembling half-face respirators.
DHS 159.29(4)
(4) Medical monitoring. Medical monitoring, including worker protection requirements under OSHA and EPA for physical examinations, pulmonary function test, chest e-rays and medical history for each employee.
DHS 159.29(5)
(5) Exterior abatement work practices. State-of-the-art work practices for exterior abatement projects, including all of the following:
