254.02(3)(a)(a) The department of agriculture, trade and consumer protection, the department of corrections, the department of commerce, and the department of natural resources shall enter into memoranda of understanding with the department to establish protocols for the department to review proposed rules of those state agencies relating to air and water quality, occupational health and safety, institutional sanitation, toxic substances, indoor air quality, food protection or waste handling and disposal.
254.02(3)(b)
(b) The department shall review proposed rules in the areas under
par. (a) and make recommendations to the appropriate state agency if public health would be adversely impacted or if prevention of human health hazards or disease is not adequately addressed by the proposed rules. The department shall make recommendations for enforcement standards to address public health concerns of the proposed rules.
254.02(4)
(4) The department and the state laboratory of hygiene shall enter into a memorandum of understanding that delineates the public health testing and consultative support that the state laboratory of hygiene shall provide to local health departments.
254.02(5)
(5) The department shall assess the acute or chronic health effect from occupational or environmental human health hazards exposure as follows:
254.02(5)(a)
(a) The chief medical officer for environmental health shall establish a system for assessment, collection and surveillance of disease outcome and toxic exposure data.
254.02(5)(b)
(b) State agencies and local health departments shall report known incidents of environmental contamination to the department. The department shall investigate human health implications of an incident and determine the need to perform a health risk assessment. The department may require the party that is responsible for an incident to perform a health risk assessment.
254.02(6)
(6) State agencies that require health risk assessments as part of their permit issuance or regulatory responsibilities shall enter into a memorandum of understanding with the department that permits the state health officer to establish a risk management protocol to review and make recommendations on the completeness of the health risk assessments.
254.02 History
History: 1993 a. 27;
1995 a. 27 ss.
6327,
9116 (5).
TOXIC SUBSTANCES
254.11
254.11
Definitions. In this subchapter:
254.11(1)
(1) "Asbestos" means chrysotile, crocidolite, amosite, fibrous tremolite, fibrous actinolite or fibrous anthophyllite.
254.11(2)
(2) "Asbestos abatement activity" means any activity which disturbs asbestos-containing material, including but not limited to the repair, enclosure, encapsulation or removal of asbestos-containing material and the renovation or demolition of any part of a structure.
254.11(3)
(3) "Asbestos-containing material" means asbestos or any material or product which contains more than one percent of asbestos.
254.11(4)
(4) "Asbestos management activity" means an inspection for asbestos-containing material, the design of an asbestos response action or the development of an asbestos management plan.
254.11(5)
(5) "Dwelling" means any structure, all or part of which is designed or used for human habitation.
254.11(6)
(6) "Fibrous" means having parallel sides and a length which is at least 3 times the diameter and which results in an aspect ratio of 3 to one or more.
254.11(7)
(7) "Hematofluorometer" means an instrument used in identification of minute amounts of a substance in human blood by detection and measurement of the characteristic wavelength of the light emitted by the substance during fluorescence.
254.11(7g)
(7g) "Imminent lead hazard" means a lead hazard that, if allowed to continue, will place a child under 6 years of age at risk of developing lead poisoning or lead exposure, as determined by the department or other state agency, a local health department or a federal agency.
254.11(7r)
(7r) "Interim control activity" means any set of measures designed to temporarily reduce human exposure or likely exposure to a lead hazard, including specialized cleaning, repair, maintenance, painting, temporary containment and ongoing monitoring of lead hazards or potential lead hazards.
254.11(8)
(8) "Lead-bearing paint" means any paint or other surface coating material containing more than 0.06% lead by weight, calculated as lead metal, in the total nonvolatile content of liquid paint or more than 0.7 milligram of lead per square centimeter in the dried film of applied paint.
254.11(8g)
(8g) "Lead hazard" means any substance, surface or object that contains lead and that, due to its condition, location or nature, may contribute to the lead poisoning or lead exposure of a child under 6 years of age.
254.11(8j)
(8j) "Lead hazard abatement" means any set of measures designed to permanently eliminate a lead hazard, including all of the following:
254.11(8j)(a)
(a) The removal of lead-bearing paint and lead-contaminated dust, the permanent containment or encapsulation of lead-bearing paint, the replacement of surfaces or fixtures painted with lead-bearing paint, and the removal or covering of lead-contaminated soil.
254.11(8j)(b)
(b) All preparation, clean-up, disposal and postabatement clearance testing activities associated with the measures under
par. (a).
254.11(8n)
(8n) "Lead hazard reduction" means actions designed to reduce human exposure to lead hazards, including lead hazard abatement and interim control activities involving lead-bearing paint or lead-contaminated dust or soil or clearance activities that determine whether an environment contains a lead hazard.
254.11(8r)
(8r) "Lead inspection" means the inspection of a dwelling or premises for the presence of lead, including examination of painted or varnished surfaces, paint, dust, water and other environmental media.
254.11(8u)
(8u) "Lead management activity" means a lead inspection or the design or management of lead hazard reduction.
254.11(9)
(9) "Lead poisoning or lead exposure" means a level of lead in the blood of 10 or more micrograms per 100 milliliters of blood.
254.11(9r)
(9r) "Occupant" means a person who leases or lawfully resides in a dwelling or premises.
254.11(10)
(10) "Owner" means a person who has legal title to any dwelling or premises.
254.11(10m)
(10m) "Premises" means any of the following:
254.11(10m)(a)
(a) An educational or child care facility, including attached structures and the real property upon which the facility stands, that provides services to children under 6 years of age.
254.11(10m)(b)
(b) Other classes of buildings and facilities, including attached structures and real property upon which the buildings or facilities stand, that the department determines by rule to pose a significant risk of contributing to the lead poisoning or lead exposure of children under 6 years of age.
254.11(12)
(12) "School" means any local education agency, as defined in
20 USC 3381, the owner of any nonpublic, nonprofit elementary or secondary school building or any governing authority of any school operated under
20 USC 921 to
932.
254.11(13)
(13) "Third-party payer" means a disability insurance policy that is required to provide coverage for a blood lead test under
s. 632.895 (10) (a); a health maintenance organization or preferred provider plan under
ch. 609; a health care coverage plan offered by the state under
s. 40.51 (6); a self-insured health plan offered by a city or village under
s. 66.184 or a school district under
s. 120.13 (2) (b); or a sickness care plan operated by a cooperative association under
s. 185.981.
254.12
254.12
Use or sale of lead-bearing paints. 254.12(1)
(1) No person may apply lead-bearing paints:
254.12(1)(a)
(a) To any exposed surface on the inside of a dwelling;
254.12(1)(b)
(b) To the exposed surface of a structure used for the care of children; or
254.12(1)(c)
(c) To any fixture or other object placed in or upon any exposed surface of a dwelling and ordinarily accessible to children.
254.12(2)
(2) No person may sell or transfer any fixture or other object intended to be placed upon any surface on the inside of a dwelling, containing a lead-bearing paint and ordinarily accessible to children.
254.12 History
History: 1979 c. 221;
1993 a. 16;
1993 a. 27 s.
431; Stats. 1993 s. 254.12;
1993 a. 450.
254.13
254.13
Reporting requirements. 254.13(1)
(1) Every physician who diagnoses lead poisoning or lead exposure, or any nurse, hospital administrator, director of a clinical laboratory or local health officer who has verified information of the existence of any person found or suspected to have lead poisoning or lead exposure, shall report to the department or to the local health officer of the region in which the person resides within 48 hours after verifying this information. The local health officer shall report to the department the name, address, laboratory results, date of birth and any other information about the person that the department considers essential. Any physician, nurse, hospital administrator, director of a clinical laboratory, local health officer or allied health professional making such a report in good faith shall be immune from any civil or criminal liability that otherwise might be incurred from making the report.
254.13(2)
(2) A person who screens a child under 6 years of age for lead poisoning or lead exposure under this subchapter, or any rule promulgated under this subchapter, shall report the results of the screening to the department within the time period for reporting by rule. The department shall promulgate rules specifying the form of the reports required under this subsection. A person making a report under this subsection in good faith is immune from civil or criminal liability that might otherwise be incurred from making the report.
254.13 History
History: 1979 c. 221;
1989 a. 31;
1993 a. 27 s.
432; Stats. 1993 s. 254.13;
1993 a. 450.
254.15
254.15
Departmental duties. The department shall:
254.15(1)
(1) Develop and implement a comprehensive statewide lead poisoning or lead exposure prevention and treatment program that includes lead poisoning or lead exposure prevention grants under
s. 254.151; any childhood lead poisoning screening requirement under rules promulgated under
ss. 254.158 and
254.162; any requirements regarding care coordination and follow-up for children with lead poisoning or lead exposure required under rules promulgated under
s. 254.164; departmental responses to reports of lead poisoning or lead exposure under
s. 254.166; any lead inspection requirements under rules promulgated under
ss. 254.167,
254.168 and
254.17; any lead hazard reduction requirements under rules promulgated under
s. 254.172; and certification, accreditation and approval requirements under
ss. 254.176 and
254.178.
254.15(2)
(2) Provide laboratory testing of biological and environmental lead specimens for lead content to any physician, hospital, clinic, municipality or private organization that cannot secure or provide testing through other sources. The department may not assume responsibility for blood lead analysis required in programs in operation on April 30, 1980.
254.15(3)
(3) Develop or encourage the development of appropriate programs and studies to identify sources of lead poisoning or lead exposure, and assist other entities in the identification of lead in children's blood and of the sources of the lead poisoning or lead exposure.
254.15(4)
(4) Provide technical assistance and consultation to local, county or regional governmental or private agencies to promote and develop lead poisoning or lead exposure prevention programs that afford opportunities for employing residents of communities and neighborhoods affected by lead poisoning or lead exposure from lead-bearing paint, and that provide appropriate training, education and information to inform these residents of the opportunities for employment.
254.15(5)
(5) Provide recommendations for the identification and treatment of lead poisoning or lead exposure.
254.15(6)
(6) Develop educational programs to communicate to parents, educators and officials of local boards of health the health danger of lead poisoning or lead exposure from lead-bearing paint among children.
254.151
254.151
Lead poisoning or lead exposure prevention grants. From the appropriation under
s. 20.435 (1) (ef), the department shall award the following grants under criteria that the department shall establish in rules promulgated under this section:
254.151(1)
(1) To fund educational programs about the dangers of lead poisoning or lead exposure.
254.151(2)
(2) To fund lead poisoning or lead exposure screening, care coordination and follow-up services, including lead inspections, to children under age 6 who are not covered by a 3rd-party payer.
254.151(3)
(3) To fund administration or enforcement of responsibilities delegated under
s. 254.152.
254.151(4)
(4) To fund other activities related to lead poisoning or lead exposure.
254.151(6)
(6) To develop and implement outreach and education programs for health care providers to inform them of the need for lead poisoning or lead exposure screening and of the requirements of this subchapter relating to lead poisoning or lead exposure.
254.151 History
History: 1993 a. 450;
1995 a. 27.
254.152
254.152
Delegation to local health departments. Except with respect to the department's authority to promulgate rules under this chapter, the department may designate local health departments as its agents in administering and enforcing
ss. 254.11 to
254.178 and any rules promulgated under those sections. The department may not designate a local health department as its agent unless the department provides a grant that the department determines to be sufficient for the local health department to carry out any responsibilities as an agent designated under this section.
254.152 History
History: 1993 a. 450.
254.154
254.154
Local authority. This subchapter does not prohibit any city, village, town or other political subdivision from enacting and enforcing ordinances establishing a system of lead poisoning or lead exposure control that provides the same or higher standards than those set forth in this subchapter. Nothing in this subchapter may be interpreted or applied in any manner to impair the right of any person, entity, municipality or other political subdivision to sue for damages or equitable relief or to restrain a violation of such an ordinance.
254.154 History
History: 1979 c. 221;
1989 a. 31;
1993 a. 27 s.
436; Stats. 1993 s. 254.16;
1993 a. 450 s.
48; Stats. 1993 s. 254.154.
254.156
254.156
Definition of lead-bearing paint and lead poisoning or lead exposure. Notwithstanding
s. 254.11 (intro.),
(8) and
(9), whenever the centers for disease control and prevention of the federal department of health and human services specifies a standard for the determination of lead-bearing paint or lead poisoning or lead exposure that differs from that specified in
s. 254.11 (8) or
(9), the department shall promulgate a rule defining "lead-bearing paint" or "lead poisoning or lead exposure" to correspond to the specification of the centers for disease control and prevention. Rules promulgated under this section supersede
s. 254.11 (8) and
(9) with respect to the requirements of this subchapter.
254.156 History
History: 1993 a. 450.
254.158
254.158
Screening recommendations. The department may promulgate rules specifying recommended lead poisoning or lead exposure screening methods and intervals for children under 6 years of age. Any rules promulgated under this section:
254.158(1)
(1) Shall meet any federal requirements for the screening of children under 6 years of age.
254.158(1m)
(1m) May include an appropriate questionnaire regarding potential exposure to lead and products containing lead.
254.158(2)
(2) Shall permit at least the following persons to provide screening services:
254.158(2)(a)
(a) A person licensed to practice medicine or osteopathy under
ch. 448.
254.158(3)
(3) Shall exempt a child from the lead screening recommendations if the child's parent, guardian or legal custodian signs a written waiver objecting to the lead poisoning screening for reasons of health, religion or personal conviction.
254.158(4)
(4) Shall exempt a child from the lead poisoning screening recommendations if the child's parent, guardian or legal custodian presents written evidence of a lead screening that was conducted within the previous 6 months, or other time period specified by the department by rule, and that was conducted in accordance with the laws or rules of another state whose laws or rules the department determines to be at least as stringent as the screening methods and intervals recommended under this section.
254.158 History
History: 1993 a. 450.
254.162
254.162
Screening requirements. 254.162(1)
(1)
Institutions and programs providing services to children under 6 years of age. The department may promulgate rules requiring the following institutions and programs to obtain written evidence that each child under 6 years of age participating in the institution or program has obtained a lead screening, or is exempt from obtaining one, under the recommended lead screening levels and intervals contained in the rules promulgated by the department under
s. 254.158, within the time periods specified by the department:
254.162(1)(c)
(c) Day care providers certified under
s. 48.651 and day care centers licensed under
s. 48.65, provisionally licensed under
s. 48.69 or established or contracted for under
s. 120.13 (14).
254.162(1)(d)
(d) School-based programs serving children under 6 years of age, including kindergartens, programs for children with exceptional educational needs and other early childhood programs.
254.162(1)(e)
(e) Health care programs that provide services to children under 6 years of age and that receive state funding.
254.162(1)(f)
(f) Other institutions or programs that provide services to children under 6 years of age.
