Chapter DHS 159

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.

DHS 159.14(1) (1) Certification requirement. Beginning on August 1, 2009, before performing, supervising, advertising, claiming to provide, or offering to perform or supervise an asbestos abatement or management activity for which certification is required under s. DHS 159.05 or an asbestos training activity for which accreditation is required under s. DHS 159.23, a person shall be certified by the department under this subchapter as an asbestos company and shall employ or contract with appropriately certified individuals.

DHS 159.14(2) (2) Certification types. A company performing regulated asbestos activities shall be certified as either an asbestos company or exterior asbestos company. A company certified as an exterior asbestos company may perform only those activities identified in s. DHS 159.04 (28).

DHS 159.14(3) (3) Multiple office certifications. An asbestos company operating from multiple locations may request certification for a primary office location only, or it may request certification for the primary office and one or more satellite office locations. A primary office certified to represent multiple offices not otherwise certified is responsible for the regulatory compliance of all office locations.

DHS 159.14 Note Note: Only certified offices are included in department-published listings of certified asbestos companies. Only certified offices receive communications directly from the department regarding matters such as changes to asbestos-related regulations.

DHS 159.14 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.15 DHS 159.15 Application requirements for initial and renewal asbestos company certification. A person shall apply to the department for initial or renewal company certification on an application form obtained from the department. The applicant shall submit the following to the department:

DHS 159.15(1) (1) The fully and accurately completed department application form signed and dated by the applicant, which shall include the following:

DHS 159.15(1)(a) (a) Company name, mailing address, physical address of records required under s. DHS 159.19 (7), telephone, and other contact information.

DHS 159.15(1)(b) (b) If the applicant is not a sole proprietorship, the applicant’s federal employer identification number; if the applicant is a sole proprietorship, the applicant’s social security number or a signed statement made under oath or affirmation that the applicant does not have a social security number.

DHS 159.15(1)(c) (c) Company type: asbestos or exterior asbestos company.

DHS 159.15(1)(d) (d) Office type: primary or satellite office, and if applying for satellite office certification, the primary office company certification number.

DHS 159.15(1)(e) (e) Whether the company is exempt from paying the certification fee as a state or local government agency or a K-12 public school.

DHS 159.15(1)(f) (f) Name of one or more individuals authorized to represent the company, including department certification number for each representative certified under subch. II.

DHS 159.15(1)(g) (g) Signature of an authorized company representative, identifying any company violations of federal, state or local asbestos regulations within the past three years and verifying the truth and accuracy of the information provided on the application.

DHS 159.15(2) (2) The applicable fee.

DHS 159.15 Note Note: Under s. 254.115, Stats., the department is required to deny certification to an applicant who does not provide either a federal employer identification number or a social security number or signed statement that the individual does not have a social security number.

DHS 159.15 Note 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: [e-mail]; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.

DHS 159.15 Note 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; [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 159.15 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.16 DHS 159.16 Company certification fees.

DHS 159.16(1) (1) Fees. Except as provided in sub. (2), a person who applies for company certification or renewal of company certification shall pay the appropriate fee as follows:

DHS 159.16(1)(a) (a) Except as provided in par. (b), for asbestos company certification, a fee of $400.

DHS 159.16(1)(b) (b) For exterior asbestos company certification, a fee of $200.

DHS 159.16(1)(c) (c) For each satellite office of a certified asbestos company, a fee of $200.

DHS 159.16(1)(d) (d) For each satellite office of a certified exterior asbestos company, a fee of $100.

DHS 159.16(2) (2) Exemption. Local education agencies, local governmental agencies and state agencies are exempt from paying company certification fees under sub. (1).

DHS 159.16(3) (3) Methods of payment. 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 159.16(4) (4) Nonrefundable and nontransferable. Fees are nonrefundable and nontransferable.

DHS 159.16(5) (5) Processing fee. The department may charge a $25 fee for processing an incomplete or incorrect application returned for correction or completion.

DHS 159.16 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.17 DHS 159.17 Department decisions on initial and renewal applications for company certification.

DHS 159.17(1) (1) Complete application. Within 30 calendar days after receiving a complete application for initial or renewal company certification, the department shall either approve the application and issue the applicant a certificate 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 159.17(2) (2) Incomplete application. Within 15 calendar days after receiving an incomplete application for initial or renewal company certification, 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 159.17(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 company certification, the applicant shall submit a new application to the department.

DHS 159.17 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.18 DHS 159.18 Company certification effective dates and expiration dates.

DHS 159.18(1) (1) Effective dates. Certification is effective on the date the department issues the company certificate to the applicant.

DHS 159.18(2) (2) Expiration dates. Certification shall expire 24 months after the certification effective date.

DHS 159.18 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.19 DHS 159.19 General responsibilities of asbestos companies.

DHS 159.19(1) (1) Company advertising. Advertisement for conducting regulated asbestos activities shall include the name and address of the asbestos company as it appears on the application for company certification submitted to the department under this subchapter, or as later changed by notification to the department under sub. (2).

DHS 159.19(2) (2) Notification of company change. The asbestos company shall notify the department in writing at least 10 working days before any of the following:

DHS 159.19(2)(a) (a) The company name or address changes.

DHS 159.19(2)(b) (b) The company ownership changes.

DHS 159.19(3) (3) Notification of asbestos abatement. Before an asbestos company may begin an asbestos abatement activity, the company shall notify the department as required under s. DHS 159.20.

DHS 159.19(4) (4) Exterior asbestos worker training. An asbestos company shall ensure that annual asbestos refresher training is completed by each exterior asbestos worker it employs or with whom it contracts. The company shall maintain documentation of training completion for each employee, as required under sub. (7). This documentation shall identify the training as annual training for the exterior asbestos worker discipline and include the training provider name, address and telephone number, names of instructors and students in attendance, training date, and class start and end times.