Chapter DHS 163

DHS 163.23 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (3) (a) and (d), eff. 10-16-09; CR 09-085: am. (3) (a) and (d) Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (3) (a), (5) (intro.) Register June 2021 No. 786, eff. 7-1-21.

DHS 163.24 DHS 163.24 Training manager and instructor approval.

DHS 163.24(1) (1) Requirement for approval. No individual may function as a training manager for a provider of accredited training courses, or principal instructor of an accredited training course without being approved by the department under this section.

DHS 163.24(2) (2) Training manager.

DHS 163.24(2)(a) (a) Qualifications. A training manager shall have demonstrated experience, education or training in the construction industry, which may include lead or asbestos abatement, painting, carpentry, property maintenance, renovation, remodeling, engineering, environmental consultation, occupational safety and health or industrial hygiene and shall have one of the following:

DHS 163.24(2)(a)1. 1. At least 2 years of experience, education or training in teaching workers or other adults.

DHS 163.24(2)(a)2. 2. A bachelor’s or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration, program management or a related field.

DHS 163.24(2)(a)3. 3. Two years of experience in managing a training program specializing in environmental hazards.

DHS 163.24(2)(b) (b) Application requirements. An applicant for approval as a training manager shall submit to the department all of the following:

DHS 163.24(2)(b)1. 1. A fully and accurately completed application on a form obtained from the department. The application shall include the applicant’s social security number.

DHS 163.24(2)(b)2. 2. Documentation to establish that the applicant meets the qualifications in par. (a). Documentation may include official academic transcripts or a diploma as evidence of meeting education requirements, and letters of reference or documentation of previous work as evidence of meeting experience requirements.

DHS 163.24 Note Note: Training manager application forms are available on the department website at http://dhs.wi.gov/lead. To request forms by mail, call 608-261-6876 or write to the Lead and Asbestos Section, 1 W. Wilson Street, Madison WI 53703-3445.

DHS 163.24 Note Note: Submit completed applications according to form instructions.

DHS 163.24(2)(c) (c) Approval procedures.

DHS 163.24(2)(c)1. 1. Within 15 working days after the submission of all required application information, including documentation of training, education and experience, the department shall either grant or deny approval for an applicant to be a training manager.

DHS 163.24(2)(c)2. 2. If approval is granted, the department shall send the applicant written notice of approval.

DHS 163.24(2)(c)3. 3. If approval is denied, the department shall give the applicant reasons in writing why the application was denied and shall notify the applicant of the right to appeal the determination under s. DHS 163.33.

DHS 163.24(2)(d) (d) Length of approval. Training manager approval remains effective until the training manager terminates association with the lead company providing the accredited course, the company goes out of business, all managed course accreditations expire and are not renewed within 12 months of expiration, or the department suspends or revokes approval.

DHS 163.24(3) (3) Principal instructor.

DHS 163.24(3)(a) (a) Qualifications.

DHS 163.24(3)(a)1. 1. ‘Training.’ A principal instructor shall have successfully completed all of the following training:

DHS 163.24(3)(a)1.a. a. A teaching methods course which covers, at a minimum, principles of adult learning, training course design, non-lecture instructional methods, use of audio-visual and other instructional resources, teaching methods, learning objectives, guided discovery and learning styles and maintaining classroom control for a learning environment. The course shall consist of at least 16 training hours of instruction and shall include a practice teaching component involving critique and evaluation of the applicant’s teaching skills. Any degree with an education emphasis that includes educational coursework covering the topics required in this subdivision paragraph satisfies this requirement.

DHS 163.24(3)(a)1.b. b. For teaching lead investigation courses, training in radiation safety and use of each XRF the instructor will use in the course, as documented by a certificate of training from the manufacturer of the XRF.

DHS 163.24(3)(a)2. 2. ‘Certification.’ A principal instructor shall be currently certified as follows:

DHS 163.24(3)(a)2.a. a. As a lead risk assessor for approval to teach initial lead sampling, lead inspection and lead hazard investigation courses and refresher lead sampling technician, lead inspector, lead hazard investigator, and lead risk assessor courses.

DHS 163.24(3)(a)2.b. b. As a lead abatement supervisor for approval to teach initial lead-safe renovation, lead abatement work and lead abatement supervision courses and refresher lead-safe renovator, lead abatement worker and lead abatement supervisor courses.

DHS 163.24(3)(a)2.c. c. As a lead project designer for approval to teach initial lead project design and refresher project designer courses.

DHS 163.24(3)(a)3. 3. ‘Experience.’ During the 5 years preceding application to the department for principal instructor approval, an applicant shall have one year of direct responsibility for one of the following areas:

DHS 163.24(3)(a)3.a. a. For approval to teach courses for lead hazard reduction, lead-safe renovation or project design disciplines, direct responsibility for activities involving lead hazard reduction, lead health effects, lead regulations, industrial hygiene activities involving lead, construction or renovation of homes or other buildings, painting, weatherization, rehabilitation or home improvement, lead worker protection or abatement relating to other hazardous materials.

DHS 163.24(3)(a)3.b. b. For approval to teach courses for lead identification disciplines, direct responsibility for activities involving lead sampling, lead inspections or risk assessments, lead health effects, public or occupational health care, lead regulations, enforcement of environmental regulations, environmental investigations, building inspections, industrial hygiene activities involving lead, weatherization, rehabilitation, renovation or home improvement or identification activities relating to other hazardous materials.

DHS 163.24(3)(a)3.c. c. For approval to teach any type of course, direct responsibility for instructing adults in work-related courses. The department shall evaluate qualifications in relation to the topic or topics that the applicant will teach.

DHS 163.24(3)(b) (b) Application requirements. An applicant for approval as a principal instructor shall submit to the department all of the following:

DHS 163.24(3)(b)1. 1. ‘Completed application form.’ A fully and accurately completed application on a form obtained from the department. The application shall include the applicant’s social security number.

DHS 163.24(3)(b)2. 2. ‘Resume.’ A current resume, including dates and description of related experience and education.

DHS 163.24(3)(b)3. 3. ‘References.’ A minimum of 3 professional references.

DHS 163.24(3)(b)5. 5. ‘Teaching methods certificate.’ A teaching methods course certificate or transcript and a course description or agenda that documents how the course meets the requirements under par. (a) 1. a. or documentation of equivalent education.

DHS 163.24(3)(b)7. 7. ‘Fee.’ A nonrefundable principal instructor application and approval fee as follows:

DHS 163.24(3)(b)7.a. a. $100 for a lead investigation instructor application, which includes approval to teach lead sampling, inspection, hazard investigation and risk assessment courses.

DHS 163.24(3)(b)7.b. b. $100 for a lead hazard reduction instructor application, which includes approval to teach lead abatement and lead-safe renovation courses.

DHS 163.24(3)(b)7.c. c. $50 for a lead project design instructor application, which includes approval to teach only lead project design courses.

DHS 163.24(3)(b)7.d. d. The department may impose other fees as necessary to cover costs of administering this chapter.

DHS 163.24 Note Note: Applications are available on the department website at http://dhs.wi.gov/lead. To request a form by mail, call 608-261-6876 or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison WI 53703-3445.

DHS 163.24 Note Note: Submit completed applications according to form instructions.

DHS 163.24(3)(c) (c) Approval procedures.

DHS 163.24(3)(c)1. 1. Within 15 working days after the submission of a complete application, the department shall either grant or deny approval for an applicant to be a principal instructor.

DHS 163.24(3)(c)2. 2. If approval is granted, the department shall send the applicant written notice of approval.

DHS 163.24(3)(c)3. 3. If approval is denied, the department shall give the applicant reasons in writing why the application was denied and shall notify the applicant of the right to appeal the determination under s. DHS 163.33.

DHS 163.24(3)(d) (d) Length of approval. The department may grant principal instructor approval that shall be valid until the expiration of the instructor’s qualifying lead certification.

DHS 163.24(3)(e) (e) Renewal of approval.

DHS 163.24(3)(e)1. 1. ‘Application.’ Before approval and the qualifying certification expire, the principal instructor shall apply for renewal of approval by submitting to the department both of the following:

DHS 163.24(3)(e)1.a. a. A completed application for renewal of approval.

DHS 163.24(3)(e)1.b. b. A nonrefundable approval renewal fee of $50 for lead investigation instructor or lead hazard reduction instructor approval or $25 for lead project design instructor approval.

DHS 163.24(3)(e)2. 2. ‘Qualifications.’ For renewal of approval as a principal instructor, the individual shall apply for recertification in the required discipline under par. (a) 2., and shall be in compliance with this chapter.

DHS 163.24(3)(e)3. 3. ‘Decision.’

DHS 163.24(3)(e)3.a. a. Within 15 working days after the submission of all required application information, the department shall either grant or deny approval.

DHS 163.24(3)(e)3.b. b. If renewal of approval is granted, the department shall send the applicant written notice of approval.

DHS 163.24(3)(e)3.c. c. If renewal of approval is denied, the department shall give the applicant reasons in writing why the application was denied and shall notify the applicant of the right to appeal the determination under s. DHS 163.33.

DHS 163.24(3)(e)4. 4. ‘Duration.’ Renewal of principal instructor approval shall be valid until the expiration of the instructor’s qualifying lead certification.

DHS 163.24(4) (4) Guest instructor.

DHS 163.24(4)(a) (a) Qualifications. A guest instructor shall have experience in each topic the guest instructor proposes to teach and in each hands-on activity for which the guest instructor will assist the principal instructor. Guest instructor qualifications shall be documented on a form obtained from the department and kept on file by the training manager. The form shall document appropriate training and experience in each topic area the instructor intends to teach and in each hands-on activity for which the guest instructor will provide assistance. The training manager is responsible for verifying qualifications and credentials and for designating guest instructors as needed.

DHS 163.24(4)(b) (b) Submission of qualifications. A training manager shall submit to the department a copy of the qualifications of each guest instructor the training manager designates before the guest instructor participates in a course.

DHS 163.24(4)(c) (c) Department action. If the department notifies a training manager that a guest instructor does not meet the qualifications under par. (a), the training manager shall withdraw designation of the guest instructor until the qualifications are met.

DHS 163.24(5) (5) Equivalent training and experience. The department may approve training, education and experience qualifications other than those in this section if the department, following consideration and evaluation of the qualifications on a case-by-case basis, finds that the qualifications are substantially equivalent to and as protective of human health and the environment as the requirements of this section.

DHS 163.24 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (2) (a) (intro.), (3) (a) 2., 3. a. to c., (b) 5., and 7. a. to c., eff. 10-16-09; CR 09-085: am. (2) (a) (intro.), (3) (a) 2., 3. a. to c., (b) 5., and 7. a. to c. Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (1), am. (2) (c) 1., 2., (d), (3) (b) 3., r. (3) (b) 4., 6., am. (3) (c) 1., 2., (e) 1. a., b., 2., 3. a., b. Register June 2021 No. 786, eff. 7-1-21; correction in (2) (d) made under s. 35.17, Stats., Register June 2021 No. 786.

DHS 163.25 DHS 163.25 Administrative responsibilities of training managers.

DHS 163.25(1) (1) Advertising. The training manager for an accredited training course shall ensure that any advertisement for the course includes the same name and address of the course training provider as it appears on the application for accreditation or as later changed by notice to the department under sub. (7).

DHS 163.25(2) (2) Cessation of training. The training manager shall notify the department when the training provider for an accredited training course closes or when the course will no longer be offered and shall provide the department an opportunity to take possession of any relevant training records. Notice shall be made a minimum of 15 working days before the cessation of training.

DHS 163.25(3) (3) Course schedule notice to the department.

DHS 163.25(3)(a) (a) Requirement for notice. A training manager shall notify the department by entering class schedule information for the accredited course directly into the department’s online lead database or by other method approved by the department.

DHS 163.25 Note Note: For instructions notifying class schedule information online, call 608-261-6876.

DHS 163.25(3)(b) (b) Notice content. The notice shall include all of the following:

DHS 163.25(3)(b)1. 1. The name of the training provider.

DHS 163.25(3)(b)2. 2. The course discipline and whether it is an initial or refresher course.

DHS 163.25(3)(b)3. 3. The start and end dates, start and end times and location of the course.

DHS 163.25(3)(b)4. 4. The name of the designated principal instructor for the course.

DHS 163.25(3)(c) (c) Timing of notice.

DHS 163.25(3)(c)1. 1. The notice shall be submitted to the department a minimum of 10 working days prior to the course starting date.

DHS 163.25(3)(c)2. 2. The training manager may request department approval to schedule a training class with less than 10 working days advance notice. The request shall be made by phone or by other method approved by the department a minimum of one working day prior to the requested start date. If approved, the training provider shall immediately notify the class using the department’s online system or other method approved by the department.

DHS 163.25(3)(d) (d) Revised notice. The training manager shall notify the department about course cancellations or course schedule, instructor or location changes by means of the department’s online lead database when known 10 working days or more before the notified start date, and also by telephone or other method approved by the department when the change or cancellation occurs less than 10 working days before the scheduled start date.

DHS 163.25(4) (4) Designation of guest instructors. When a guest instructor assists with a training course, the training manager shall designate the guest instructor under s. DHS 163.24 (4).

DHS 163.25(5) (5) Designation of principal instructors. The training manager shall designate a principal instructor for each accredited course offering. The principal instructor shall be approved under s. DHS 163.24 (3).

DHS 163.25(6) (6) Nondiscrimination in training. Access to an accredited training course may not be denied solely due to age, sex, race, color, religion or creed, national origin, ancestry, sexual orientation, gender identity, or disability.

DHS 163.25(7) (7) Notice of changes. The training manager shall notify the department in writing a minimum of 15 working days before making the following changes:

DHS 163.25(7)(a) (a) Change of address. A change of address of the training provider or the location of records required under sub. (10).

DHS 163.25(7)(b) (b) Change of name. A change in the name of the training provider.

DHS 163.25(7)(c) (c) Change of ownership. The accreditation of a training course under this subchapter may be transferred to a new owner provided the course remains the same course accredited under this chapter and the transfer is requested by both the training provider transferring the course and the new owner of the course. Upon receipt of a request to transfer the accreditation of a course, the department will change the course’s accreditation to contingent accreditation under s. DHS 163.22 with no change in expiration date or with an expiration date 2 years after the date ownership of the course changed, whichever is earlier.

DHS 163.25(7)(d) (d) Change in a course. A change in the training course description under s. DHS 163.21 (2), the training resources under s. DHS 163.21 (3), the course registration plan under s. DHS 163.21 (5) or course materials under s. DHS 163.21 (6). In addition to the notice of a change in course materials under s. DHS 163.21 (6), the training manager shall submit a draft of the revised materials. After reviewing the draft revisions, the department may allow a trial period of 3 class sessions of a training course before requiring submittal of a final revision.

DHS 163.25(7)(e) (e) Change of training manager. When a training course does not have an approved training manager, the course may not be offered.

DHS 163.25 Note Note: Submit training course changes to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445 or by any other method acceptable to the department.