Wisconsin Legislature: DHS 159.08(2)(c)

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

DHS 159.06 Exceptions to certification. Individual certification is not required under any one of the following conditions:

(1) An asbestos abatement activity or asbestos management activity is performed by the owner on his or her own single-family, non-rental residential property that is occupied or intended to be occupied solely by the owner’s family.

(2) An asbestos abatement activity involves only operations and maintenance work that disturbs or incidentally removes no more asbestos-containing material than would fit in a single glove bag or disposal bag no larger than 60 inches by 60 inches properly filled and sealed, is work that is non-repetitive and is not a series of small jobs that if performed sequentially would require certification, and is conducted by an individual or individuals with documented proof of completing at least a 16-hour operations and maintenance training course as described in 40 CFR 763.92 (a).

(3) An individual operates a motorized vehicle to demolish or remove a facility when asbestos-containing material is allowed to remain under s. NR 447.08 (1) (a) to (d).

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

DHS 159.07 Application requirements for initial and renewal certification. Only individuals who meet the eligibility requirements under s. DHS 159.05 (4) may apply for initial or renewal certification. An eligible individual shall apply to the department for initial or renewal certification on an application form obtained from the department. The applicant shall submit the following to the department:

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

(2) The applicable fee under s. DHS 159.08 for the discipline in which the applicant is applying.

(3) For initial application, the applicant’s social security number or, if the applicant does not have a social security number, a signed statement, made under oath or affirmation, that the applicant does not have a social security number, as required under ss. 250.041 and 254.115, Stats.

(4) For initial application, training certificates from any previously completed training courses required for certification in the discipline unless previously provided to the department by the applicant or a department-accredited training provider.

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.

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.

Note: Sections 250.041 and 254.115, Stats., require an applicant for certification to provide the department with the applicant’s social security number. Under s. 254.115 (3), Stats., the department is required to deny certification to an applicant who does not provide the department his or her social security number or, if the applicant does not have a social security number, a signed statement, made under oath or affirmation, that the applicant does not have a social security number. The form required for the statement is available from the Asbestos and Lead Unit: plicasbestoslead@dhs.state.wi.us; 608-261-6876; or 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.

Note: The department must have on file the appropriate initial training course certificate and all required annual refresher course certificates for each discipline for which an individual is applying. Training certificates submitted with previous applications to the department need not be re-submitted. Training certificates for training taken in Wisconsin after the publication date of this chapter need not be submitted. Under s. DHS 159.22 (18), Wisconsin training providers must submit students’ course completion and certificate information directly to the department.

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

DHS 159.08 Certification and other fees.

(1) An individual who applies for certification or renewal of certification shall pay the appropriate certification fee as follows:

(a) For certification as an asbestos supervisor, a fee of $125.

(b) For certification as an asbestos worker, a fee of $75.

(d) For certification as an asbestos inspector, a fee of $175.

(e) For certification as an asbestos management planner, a fee of $125.

(f) For certification as a project designer, a fee of $175.

(g) For certification as an exterior asbestos worker, a fee of $125.

Note: There is no annual renewal fee for the exterior asbestos worker certification because it is a non-expiring certification.

(2) An individual shall pay the following additional fees as applicable:

(a) For immediate processing of an application when this service is available, a fee of $25.

(b) For additional processing of an application required because an incomplete or incorrect application has been submitted, a fee of $25.

(d) For providing copies of training records or certificates, a fee of $25.

(e) For replacing a damaged, lost or stolen certification card, a fee of $25.

(3) 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.

(4) Fees are nonrefundable and nontransferable.

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

DHS 159.09 Provisional certification.

(1) An individual who is eligible for certification and who submits application for certification to the department may conduct regulated asbestos activities in the discipline in which certification is sought for 30 calendar days from the date the applicant completes training for the discipline, or until the department denies the individual’s application, whichever occurs first.

(2) An individual who wishes to conduct regulated asbestos activities under provisional certification shall submit a complete application by fax, email, other method approved by the department, or by personal delivery before the applicant may begin conducting regulated asbestos activities.

(3) An individual who conducts regulated asbestos activities under provisional certification may only conduct the activities of the discipline for which the individual received training and applied for certification.

(4) An individual who conducts regulated asbestos activities under provisional certification shall comply with responsibilities of certified individuals under s. DHS 159.13.

(5) If an individual appeals the department’s denial of certification, the individual may not conduct regulated asbestos activities pending the outcome of the appeal.

Note: Submit application and fee to Asbestos and Lead Unit: 1W. 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.

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

DHS 159.10 Department decisions on initial and renewal applications for certification.

(1) Complete application. Within 30 calendar days after receiving a complete application for initial or renewal certification, the department shall either approve the application and issue the applicant a photo certification card for the discipline, or deny the application. If the department denies certification, the department shall provide the applicant with written notification of the reason for denial and appeal rights under subch. VI.

(2) Incomplete application. Within 15 calendar days after receiving an incomplete application, the department shall give the applicant instructions on how to complete the application. The department may require the applicant to submit a $25 processing fee when additional or corrected information must be obtained.

(3) Void application. An application the department determines is not complete within 90 calendar days after the department first receives the application is void. To be reconsidered for certification, the applicant shall submit a new application, and the applicable certification fee.

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

DHS 159.11 Certification effective dates and expiration dates.

(1) Effective dates. Certification and renewal certification in a discipline are effective on the date the department issues the photo certification card to the applicant and expire annually, except for exterior asbestos worker certification, which does not expire.

(2) Expiration dates. The certification expiration date for a discipline other than the exterior asbestos worker discipline is determined as follows:

(a) Initial certification. The expiration date for initial certification shall be 12 months after the completion date of the applicant’s most recently completed training required under s. DHS 159.12 (3).

(b) Renewal certification.

1. When an applicant completes the required refresher training under s. DHS 159.12 (4) more than 3 months before the expiration date of the applicant’s certification, the expiration date for the renewal certification shall be 12 months from the date the individual completes the required refresher training.

2. When an applicant completes the required refresher training under s. DHS 159.12 (4) less than 3 months before the expiration date of the applicant’s certification, the expiration date for the renewal certification shall be 12 months from the date the applicant’s current certification expires.

3. When an applicant completes the required refresher training under s. DHS 159.12 (4) after the expiration date of the applicant’s certification, but no later than 24 months after completion of the applicant’s most recent accredited training, the expiration date for the renewal certification shall be one year from the date the individual completes the required refresher training.

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

DHS 159.12 Initial and refresher training requirements.

(1) Accredited training requirement. Only training certificates from courses with accreditation from the department, listed as accredited in the U.S. EPA’s National Directory of AHERA Accredited Courses, or confirmed as accredited by a state approved by EPA to administer an asbestos accreditation program under 40 CFR Part 763, Appendix C to Subpart E, at the time the course was delivered, shall be accepted as proof of completing required training.

Note: Department-accredited courses may be found online at http://www.dhs.wisconsin.gov/asbestos.

(2) Wisconsin training requirement. The most recent training the applicant completes for certification in a discipline shall be a department-accredited initial or refresher training course that is held in Wisconsin. Training is not complete until all of the following requirements are met:

(a) The applicant attends the entire course, completes all course requirements and passes the course test.

(b) The applicant presents 2 official forms of identification to the training provider for review, at least one of which shall be photo identification.

(d) The applicant receives the applicable training certificate from the accredited training provider.

(3) Initial training. To qualify for certification, an individual shall first complete the accredited initial training required for the discipline before applying for certification under s. DHS 159.07. Initial training requirements for certification in each discipline are as follows:

(a) For asbestos supervisor certification, a 5-day asbestos supervisor initial course.

(b) For asbestos worker certification, a 4-day asbestos worker initial course.

(d) For asbestos management planner certification, a 3-day asbestos inspector initial course followed by a 2-day asbestos management planner initial course.

(e) For asbestos project designer certification, a 3-day asbestos project designer initial course.

(f) For exterior asbestos supervisor certification, a 1-day exterior asbestos worker course followed by a 1-day exterior asbestos supervisor initial course.

(g) For exterior asbestos worker certification, a 1-day exterior asbestos worker course.

(4) Annual refresher training. Except for exterior asbestos worker certification which does not require accredited refresher training, to maintain certification eligibility, an individual who has completed the initial training requirement shall annually complete the accredited refresher training required for the discipline, before applying for certification renewal. Refresher training requirements are as follows:

(a) For asbestos supervisor certification, a 1-day asbestos supervisor refresher course.

(b) For asbestos worker certification, a 1-day asbestos worker refresher course.

(d) For asbestos management planner certification, a half-day asbestos inspector refresher course and a half-day asbestos management planner refresher course.

(e) For asbestos project designer certification, a 1-day asbestos project designer refresher course.

(f) For exterior asbestos supervisor certification, a 2-hour exterior asbestos supervisor refresher course.

(5) Continuity of training. In order to maintain eligibility for certification in the discipline, an individual shall complete all required training for the discipline within the following timeframes:

(a) The applicant shall complete the most recent required training no more than 12 months before submitting application for certification or renewal of certification.

(b) To be eligible to renew certification in a discipline, the applicant’s training history shall show a gap of no more than 24 months between the completion dates of any two consecutive accredited training courses required for certification in the discipline.

(c) If the applicant does not complete refresher training required under sub. (4) for the discipline within 24 months after completing a previous training course for the discipline, the individual shall retake the initial training course for the discipline to qualify for certification.

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

DHS 159.13 Responsibilities of individuals conducting regulated asbestos activities.

(1) Association with a certified asbestos company. An individual shall be associated with a certified asbestos company under subch. III by ownership, contract or employment before the individual may perform, supervise or offer to perform or supervise a regulated asbestos activity.

(2) Compliance with asbestos-related laws. An individual conducting regulated asbestos activities shall comply with this chapter and all applicable local, state and federal asbestos ordinances, statutes and regulations, including:

(a) 15 U.S.C. sec. 2643 and 2646, Title II of the U.S. Toxic Substances Control Act (TSCA).