Chapter DHS 159

DHS 159.08(3) (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.

DHS 159.08(4) (4) Fees are nonrefundable and nontransferable.

DHS 159.08 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.09 DHS 159.09 Provisional certification.

DHS 159.09(1) (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.

DHS 159.09(2) (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.

DHS 159.09(3) (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.

DHS 159.09(4) (4) An individual who conducts regulated asbestos activities under provisional certification shall comply with responsibilities of certified individuals under s. DHS 159.13.

DHS 159.09(5) (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.

DHS 159.09 Note 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; [e-mail]. For application submitted by fax or email payment may be made only by credit or debit charge to a VISA or MasterCard.

DHS 159.09 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

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

DHS 159.10(1) (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.

DHS 159.10(2) (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.

DHS 159.10(3) (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.

DHS 159.10 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.11 DHS 159.11 Certification effective dates and expiration dates.

DHS 159.11(1) (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.

DHS 159.11(2) (2) Expiration dates. The certification expiration date for a discipline other than the exterior asbestos worker discipline is determined as follows:

DHS 159.11(2)(a) (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).

DHS 159.11(2)(b) (b) Renewal certification.

DHS 159.11(2)(b)1. 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.

DHS 159.11(2)(b)2. 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.

DHS 159.11(2)(b)3. 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.

DHS 159.11 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.12 DHS 159.12 Initial and refresher training requirements.

DHS 159.12(1) (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.

DHS 159.12 Note Note: Department-accredited courses may be found online at http://www.dhs.wisconsin.gov/asbestos.

DHS 159.12(2) (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:

DHS 159.12(2)(a) (a) The applicant attends the entire course, completes all course requirements and passes the course test.

DHS 159.12(2)(b) (b) The applicant presents 2 official forms of identification to the training provider for review, at least one of which shall be photo identification.

DHS 159.12(2)(c) (c) The applicant’s photograph is taken by the training provider.

DHS 159.12(2)(d) (d) The applicant receives the applicable training certificate from the accredited training provider.

DHS 159.12(3) (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:

DHS 159.12(3)(a) (a) For asbestos supervisor certification, a 5-day asbestos supervisor initial course.

DHS 159.12(3)(b) (b) For asbestos worker certification, a 4-day asbestos worker initial course.

DHS 159.12(3)(c) (c) For asbestos inspector certification, a 3-day asbestos inspector initial course.

DHS 159.12(3)(d) (d) For asbestos management planner certification, a 3-day asbestos inspector initial course followed by a 2-day asbestos management planner initial course.

DHS 159.12(3)(e) (e) For asbestos project designer certification, a 3-day asbestos project designer initial course.

DHS 159.12(3)(f) (f) For exterior asbestos supervisor certification, a 1-day exterior asbestos worker course followed by a 1-day exterior asbestos supervisor initial course.

DHS 159.12(3)(g) (g) For exterior asbestos worker certification, a 1-day exterior asbestos worker course.

DHS 159.12(4) (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:

DHS 159.12(4)(a) (a) For asbestos supervisor certification, a 1-day asbestos supervisor refresher course.

DHS 159.12(4)(b) (b) For asbestos worker certification, a 1-day asbestos worker refresher course.

DHS 159.12(4)(c) (c) For asbestos inspector certification, a half-day asbestos inspector refresher course.

DHS 159.12(4)(d) (d) For asbestos management planner certification, a half-day asbestos inspector refresher course and a half-day asbestos management planner refresher course.

DHS 159.12(4)(e) (e) For asbestos project designer certification, a 1-day asbestos project designer refresher course.

DHS 159.12(4)(f) (f) For exterior asbestos supervisor certification, a 2-hour exterior asbestos supervisor refresher course.

DHS 159.12(5) (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:

DHS 159.12(5)(a) (a) The applicant shall complete the most recent required training no more than 12 months before submitting application for certification or renewal of certification.

DHS 159.12(5)(b) (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.

DHS 159.12(5)(c) (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.

DHS 159.12 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.13 DHS 159.13 Responsibilities of individuals conducting regulated asbestos activities.

DHS 159.13(1) (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.

DHS 159.13(2) (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:

DHS 159.13(2)(a) (a) 15 U.S.C. sec. 2643 and 2646, Title II of the U.S. Toxic Substances Control Act (TSCA).

DHS 159.13(2)(b) (b) Wisconsin department of safety and professional services asbestos regulations for public sector employees under ch. SPS 332.

DHS 159.13(2)(c) (c) Wisconsin DNR regulations for control of asbestos emissions under ch. NR 447, and collection and transportation of asbestos waste under s. NR 502.06.

DHS 159.13(2)(d) (d) U.S. department of transportation asbestos waste transportation requirements under 49 CFR Parts 100 to 185.

DHS 159.13(2)(e) (e) U.S. EPA regulations for asbestos worker protection under 40 CFR 763 subpart G, asbestos in schools regulations under 40 CFR 763 subpart E, and national emission standards for hazardous air pollutants under 40 CFR 61 subparts A and M.

DHS 159.13(2)(f) (f) U.S. OSHA regulations for asbestos construction under 29 CFR 1926.1101, hazard communication under 29 CFR 1926.59, and respiratory protection under 29 CFR 1910.134.

DHS 159.13(3) (3) Training certificates.

DHS 159.13(3)(a) (a) No person may give, trade, sell, or loan a training certificate to another person or use a training certificate that belongs to another person.

DHS 159.13(3)(b) (b) A training certificate may be copied only for record keeping purposes. If a training certificate is copied, the person who makes the copy shall clearly label the copy with the word “copy” across the front.

DHS 159.13(3)(c) (c) The individual to whom a training certificate is issued is the owner of that training certificate and shall do all of the following:

DHS 159.13(3)(c)1. 1. Retain the original training certificate for each required training course completed for the duration of the individual’s certification.

DHS 159.13(3)(c)2. 2. Have the original training certificate at the work site, if it qualifies the individual to provisionally conduct regulated asbestos activities under s. DHS 159.09.

DHS 159.13(3)(c)3. 3. Make the original training certificate for each completed course available for inspection by the department upon request.

DHS 159.13(4) (4) Certification cards.

DHS 159.13(4)(a) (a) No person may give, trade, sell, or loan a certification card to another person, or use a certification card that belongs to another person.

DHS 159.13(4)(b) (b) A certification card may be photocopied only for record keeping purposes. If a certification card is copied, the person who makes the copy shall clearly label the copy with the word “copy” across the front.

DHS 159.13(4)(c) (c) The individual to whom a certification card is issued is the owner of that certification card and shall do all of the following:

DHS 159.13(4)(c)1. 1. Have the original certification card at the work site when conducting or supervising regulated asbestos activities.

DHS 159.13(4)(c)2. 2. Retain the original certification card until the card expires or is returned to the department.

DHS 159.13(4)(c)3. 3. Make the original certification card available for inspection upon request.

DHS 159.13(4)(c)4. 4. Return a suspended, revoked, or otherwise invalid certification card to the department within 10 calendar days after the department’s request.

DHS 159.13(4)(c)5. 5. Promptly request a replacement card whenever the certification card is lost, stolen, or damaged, by submitting a form obtained from the department and payment of a $25 replacement fee.

DHS 159.13 Note Note: An application for a replacement card is available on the department’s website at www.dhs.wi.gov/asbestos or may be obtained from the Asbestos and Lead Unit: [e-mail]; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.

DHS 159.13(5) (5) Work practice. An individual conducting a regulated asbestos activity shall protect the health and safety of occupants, visitors, and persons outside the regulated area by using engineering controls and work practices that prevent the release of asbestos fibers into the air outside of the regulated area. For asbestos abatement activities involving the exterior of a structure, an individual shall use engineering controls that prevent debris and fibers from entering the interior of the structure. For all regulated asbestos activities, an individual shall follow any other applicable work practice standards and protocols under local ordinance or state or federal statutes or regulations.

DHS 159.13(6) (6) Responsibilities during department inspections.

DHS 159.13(6)(a) (a) Upon the request of a department representative, an individual shall exit containment or other regulated area and make himself or herself available to the department representative for the purposes of determining identification and certification.

DHS 159.13(6)(b) (b) A person may not prevent a representative of the department from doing any of the following:

DHS 159.13(6)(b)1. 1. Entering any property or premises where any person required to be certified under this chapter is engaged in a regulated asbestos activity or where the person conducts business.

DHS 159.13(6)(b)2. 2. Reviewing or copying records required to be maintained under s. DHS 159.19 (7) or any other records relating to regulated asbestos activities.

DHS 159.13(6)(b)3. 3. Entering any property where a regulated asbestos activity is being or has been conducted, collecting air or bulk samples, taking photographs or video recordings, interviewing any person on the premises, or conducting any other activity necessary to determine compliance with this chapter.

DHS 159.13 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09; correction in (2) (b) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

subch. III of ch. DHS 159 Subchapter III — Asbestos Company Certification Requirements

DHS 159.14 DHS 159.14 Certification for asbestos companies.