DHS 163.21 History
History:
CR 00-172: cr.
Register February 2002 No. 554, eff. 3-1-02;
EmR0928: emerg. am. (intro.), (3) (c) and (5), renum. (1) to be (1) (a) and (am), cr. (1) (b), eff. 10-16-09;
CR 09-085: am. (intro.), (3) (c) and (5), renum. (1) to be (1) (a) and (am), cr. (1) (b)
Register March 2010 No. 651, eff. 4-1-10;
CR 19-110: am. (2) (c), (3) (a) to (c), (5), (6) (c) 5., (g), (i)
Register June 2021 No. 786, eff. 7-1-21.
DHS 163.22(1)(1)
Determination of eligibility for contingent accreditation. The department shall review all information and materials submitted under s.
DHS 163.21 for compliance with this subchapter. Within 60 days after the department receives all required application information and materials, the department shall either grant contingent accreditation or deny the application. If contingent accreditation is granted, the department shall send the training manager a contingent accreditation certificate under sub.
(5). If the application for accreditation is denied, the department shall notify the training manager in writing. The notice shall include the reason for the denial and shall inform the training manager of the right to appeal that determination under s.
DHS 163.33.
DHS 163.22(2)
(2)
Conducting a course with contingent accreditation. The training course may be conducted once the training manager has received the contingent accreditation certificate for the course and confirmation that the principal instructor is approved under s.
DHS 163.24 (3), and has notified the course schedule to the department under s.
DHS 163.25 (3).
DHS 163.22(3)
(3)
Length of contingent accreditation. Contingent accreditation is a temporary approval to conduct training. When the department grants contingent accreditation, the expiration date on the contingent accreditation certificate under sub.
(5) shall be 2 years after the date the certificate is issued. Contingent accreditation may be renewed for a maximum of an additional 2 years at the discretion of the department.
DHS 163.22(4)
(4)
Determination of eligibility for full accreditation. The department shall conduct an accreditation audit under sub.
(6) of a training course with contingent accreditation to determine eligibility for full accreditation. After notifying the training manager of the audit results, and based on those results, the department shall take one of the following actions:
DHS 163.22(4)(a)
(a)
Grant full accreditation. The department may grant full accreditation. If full accreditation is granted, the department shall send the training manager an accreditation certificate under sub.
(5). Full accreditation may be granted for up to 2 years or 4 years from the date of issuance, depending on the amount of time left on the course's contingent accreditation and the amount of the fee paid under s.
DHS 163.21 (9) (b). A training course may renew accreditation under the provisions of s.
DHS 163.23.
DHS 163.22(4)(b)
(b)
Renew contingent accreditation. The department may renew contingent accreditation for an additional 2 years, may require changes to the course in order to obtain full accreditation and may conduct additional on-site audits. If the department continues contingent accreditation, the department shall notify the training manager in writing. The notice shall include the reason for continuing contingent accreditation, requirements for achieving full accreditation and the right to appeal the action under s.
DHS 163.33.
DHS 163.22(4)(c)
(c)
Suspend or revoke contingent accreditation. The department may suspend or revoke contingent accreditation at any time or take another enforcement action under s.
DHS 163.32. If the department suspends or revokes contingent accreditation, the department shall notify the training manager in writing. The notice shall include the reason for the suspension or revocation and shall inform the training manager of the right to appeal that action under s.
DHS 163.33.
DHS 163.22(5)
(5)
Certificate of accreditation. The department shall send a certificate of accreditation to the training manager when a training course has been granted contingent or full accreditation. The training manager shall maintain the certificate of accreditation at the address listed on the application or later changed with notice to the department under s.
DHS 163.25 (7) (a) and shall make the certificate available for review upon request by the department or the public. Only the most recent certificate of accreditation for a training course is valid. The training manager shall not allow another person to copy the certificate of accreditation for fraudulent or misleading purposes or to use the certificate.
DHS 163.22(6)(a)(a)
On-site audits. Department staff may conduct on-site accreditation audits of a training course to review for compliance with this chapter. A training manager, instructor or other staff for an accredited training course may not deny department staff entry to conduct an audit. An audit may include a review of all the following:
DHS 163.22(6)(a)7.
7. Course content and learning objectives, including whether classroom instruction is based on the learning goals and objectives submitted to the department under s.
DHS 163.21 (6) (c), as demonstrated by using learning objectives to introduce topics, focusing topics on the learning objectives, reviewing learning objectives in topic reviews and testing for student comprehension of the learning objectives through class discussions, class activities, hands-on training and the course test.
DHS 163.22(6)(b)
(b)
Records audits. The department may conduct audits of training course records, including records required under s.
DHS 163.25 (10), and may require a training provider to submit records to the department for purposes of determining compliance.
DHS 163.22(6)(c)
(c)
Notice of audit results. Within 60 days after completing an accreditation audit, the department shall notify the training manager in writing of the audit results.
DHS 163.22 History
History:
CR 00-172: cr.
Register February 2002 No. 554, eff. 3-1-02;
EmR0928: emerg. am. (4) (b), eff. 10-16-09;
CR 09-085: am. (4) (b)
Register March 2010 No. 651, eff. 4-1-10;
CR 19-110: am. (1), (2), (6) (c) (title)
Register June 2021 No. 786, eff. 7-1-21.
DHS 163.23
DHS 163.23 Renewal of course accreditation. DHS 163.23(1)(1)
Requirement for renewal of accreditation. A training course may not be conducted after its accreditation expires until the training manager applies for and receives renewal of accreditation for the training course. When accreditation of a training course has been expired for less than one year, the department may reinstate accreditation if the training manager applies to the department for renewal of accreditation under this section. When accreditation of a training course has been expired for one year or longer, the training manager shall submit a new application under s.
DHS 163.21 for contingent accreditation.
DHS 163.23(2)
(2)
Conditions for renewal of accreditation. The department may renew accreditation of a training course that complies with the provisions of this chapter.
DHS 163.23(3)
(3)
Application for renewal of accreditation. To apply for renewal of accreditation, the training manager for a training course shall submit an application that includes all of the following:
DHS 163.23(3)(a)
(a)
Application form. A fully and accurately completed department application form.
DHS 163.23(3)(b)
(b)
Description of changes. A description of any changes to the training course since the last application was approved that were not previously reported to the department, including changes to resources or course materials.
DHS 163.23(3)(c)
(c)
Other documents. When directed by the department, other documents that verify compliance of the training course with this chapter.
DHS 163.23(3)(d)
(d)
Accreditation fee. Each application for renewal of course accreditation shall be accompanied by a 2-year non-refundable accreditation fee of $25 per course hour or a 4-year accreditation fee of $50 per course hour.
DHS 163.23 Note
Note: Course application forms 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, Madison WI 53703-3445.
DHS 163.23 Note
Note: Submit completed application and fee according to form instructions.
DHS 163.23(4)
(4)
Audit. To determine compliance with the requirements of this chapter and eligibility for renewal of accreditation, the department may conduct audits under s.
DHS 163.22 (6) of the training course.
DHS 163.23(5)
(5)
Renewal of accreditation. Within 60 days of receiving application for renewal of accreditation, the department shall review the application for compliance with the conditions for renewal of accreditation and take one of the following actions:
DHS 163.23(5)(a)
(a)
Grant renewal of accreditation. If accreditation is renewed, the department shall send the training manager a certificate of accreditation under s.
DHS 163.22 (5) to extend accreditation for 2 years or 4 years, depending on the fee amount under sub.
(3) (d) paid.
DHS 163.23(5)(b)
(b)
Deny renewal of accreditation. If the department denies renewal of accreditation, the department shall notify the training manager in writing. The notice shall include the reason for the denial and shall inform the training manager of the right to appeal that action under s.
DHS 163.33.
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)(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)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)(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)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)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)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.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.
