Wisconsin Legislature: DHS 159.21(3)(a)

(a) Original asbestos abatement activity notification and planned renovation project notification and fees may be submitted by means of fax, email, personal delivery, delivery service, another method if approved by the department, or by U.S. postal service if postmarked at least 4 working days before the project start date. U.S. postal service may not be used when submitting notification less than 4 working days before the asbestos abatement activity start date.

(b) Revised and cancelled asbestos abatement activity notification may be submitted by means of fax, email, personal delivery, or another method if approved by the department.

(8) Notification fees. The appropriate fee shall accompany the asbestos abatement activity notification.

(a) For an original asbestos abatement activity notification, the following fees apply:

1. A $50 fee when submitted to the department 2 working days or more before the project start date. Notification submitted by U.S. postal service that is postmarked at least 4 working days before the project start date will be deemed in compliance with a 2 working day notification.

2. A $100 fee when submitted to the department less than 2 working days before the project start date.

(b) For revisions to an asbestos abatement activity notification, the following fees apply:

1. A $50 fee when a revision to an earlier start date is submitted to the department less than 2 working days before the new start date.

2. No fee is required with any other revision submitted to the department.

1. A $100 fee for an original planned renovation project notification.

2. A $50 fee for a sub-project notification when submitted to the department less than 2 working days before the sub-project start date.

3. No fee for a sub-project notification when submitted to the department 2 working days or more before the sub-project start date.

(d) An asbestos abatement activity notification fee shall be paid by the following means:

1. When submitting notification by fax or email, payment shall be made by credit or debit charge to VISA or MasterCard.

2. When submitting notification by personal delivery, delivery service, or U.S. postal service, payment may be made by check, money order, or credit or debit charge to VISA or MasterCard.

3. The department does not accept cash payment.

4. Payment by check or money order shall be made payable to “Department of Health Services” or “DHS”.

(e) A person who submits a fee 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.

(f) Fees are nonrefundable and nontransferable.

(g) A school that is subject to AHERA regulations is exempt from notification fees when the asbestos abatement activity is conducted solely by a school district employee.

Note: Submit notification 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 notification 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 159.21 Responsibilities when conducting asbestos abatement. Except when certification is not required under s. DHS 159.06, an asbestos company shall ensure compliance with the following when conducting an asbestos abatement activity:

(1) Protection of public health. The asbestos company shall protect the health of occupants, visitors, workers, and any other persons near an asbestos abatement activity by using documented engineering controls and work practices that prevent the release of asbestos fibers into the air.

(a) For all asbestos abatement activities, the company shall follow work practice standards established by DNR under s. NR 447.08, by OSHA under 29 CFR 1926.1101, and by the Wisconsin department of safety and professional services under ch. SPS 332.

(b) For asbestos abatement activities involving the exterior of a structure, the company shall use appropriate engineering controls to prevent asbestos debris and fibers from entering the interior of the structure.

(2) Project log. The company shall maintain a project log onsite for each workday of an asbestos abatement activity. The daily project log shall include the date, project number as identified on the notification form required under s. DHS 159.20, project address, printed name and certification number of the site supervisor, and the printed name, signature, reason for entry, department certification number, if appropriate, and the in and out times for each person who enters the regulated area.

(3) Occupant protection plan. A written occupant protection plan shall be posted in plain view outside each regulated area when the structure on which the asbestos abatement activity is being conducted is occupied or furnished. The plan shall be written on a form provided or approved by the department and shall describe how occupants and furnishings will be protected from exposure to asbestos fibers during the asbestos abatement activity and shall include all of the following:

(a) The name, address, and telephone number of the company conducting the asbestos abatement activity.

(b) The address of the property where the project is being conducted and the name and telephone number of the property contact person.

(d) A statement that only authorized persons using appropriate personal protection may enter regulated areas.

(e) A description of the engineering controls that will be used to prevent contamination of the structure, including the heating, ventilating, and air conditioning systems.

(f) A description of any clearance activities that will be conducted.

Note: Occupant protection 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.

(4) Worker supervision. The asbestos company shall ensure that each asbestos worker conducting asbestos abatement activities has direct onsite supervision by an asbestos supervisor certified under this chapter and that each exterior asbestos worker conducting asbestos abatement activities has direct onsite supervision by an asbestos supervisor or exterior asbestos supervisor certified under this chapter.

(5) Verification of worker certification status. The asbestos company shall verify that each individual who conducts or supervises an asbestos abatement or asbestos management activity for the company is certified in the appropriate discipline required for the activity.

(6) Supervisor authority. The asbestos supervisor or exterior asbestos supervisor shall have the authority to shut down an asbestos abatement activity or take other prompt corrective measures to eliminate asbestos hazards and to ensure compliance with asbestos regulations.

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

DHS 159.22 Responsibilities when providing an accredited training course. An asbestos company that is a training provider shall ensure compliance with all of the following:

(1) Course advertising. Advertisement for a training course shall include the name and address of the training provider as it appears on the application for training course accreditation submitted to the department, or as later changed by notification to the department.

(2) Course changes. The training provider shall submit proposed course changes to training course curriculum, including student manuals, instructor manuals, audiovisual materials and course tests, to the department for review and approval before implementing such changes in a class.

(3) Transfer of course ownership. A training provider may transfer ownership of an accredited training course if the transfer is requested by the training provider and the person to whom the course is being transferred, and a transfer fee of $50 is paid to the department.

(4) Disposition of training records. The training provider, upon closing its business or ceasing to offer an accredited training course, shall give the department an opportunity to take possession of relevant training records.

Note: Submit changes 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.

(5) Quality control. To ensure that training courses, principal instructors and guest instructors remain in compliance with this chapter, the training provider shall implement a quality control plan that includes the following:

(a) Annual review and update, as needed, of training materials and course tests.

(b) Annual compilation and review of student-completed course evaluation forms with course improvements made to address student concerns.

(6) Class schedule notification.

(a) Submittal requirements. The training provider shall submit class schedule notification using the department online database at least 10 working days before the class starting date. If a temporary computer problem prevents use of the Internet to submit class schedule notification, the training provider shall notify the department by email, fax, or telephone using a form obtained from the department. The class schedule notification shall include all of the following:

1. The name of the training provider.

2. The course discipline and whether it is an initial or refresher course.

3. The class location, including city, street address, and building name and room number if applicable.

4. The class start and end dates.

5. The class daily start and end times.

6. The name of the principal instructor.

Note: Instructions for completing the course schedule notification form on the Internet may be obtained from the Asbestos and Lead Unit at plicasbestoslead@dhs.state.wi.us or 608-261-6876.

Note: To submit class schedule notification when Internet submittal is not available: 608-261-6876, plicasbestoslead@dhs.state.wi.us; (fax) 608-266-9711.

Note: Class schedule notification forms for use only if Internet access is interrupted may be obtained from the Asbestos and Lead Unit at 608-261-6876 or fax 608-266-9711.

(b) Department approval for a class scheduled less than 10 days in advance. The training provider shall contact the department by telephone and obtain verbal approval before scheduling a class less than 10 days in advance. The department may grant or deny approval at its discretion.

(c) Class change or cancellation. Whenever any required class notification information changes or when a training class is cancelled, the training provider shall revise the online class schedule notification form. When the change or cancellation is made less than 10 working days before the scheduled class starting date, the provider shall also notify the department by telephone as soon as the need for revision or cancellation is known.

Note: To notify the department about a class scheduled with less than 10 working days notification or to advise the department of a revision to a class notification, contact the Asbestos and Lead Unit by telephone at 608-261-6876.

(7) Student admissions. Before admitting a student into a class, the training provider shall do the following:

(a) Verify student age. Verify that each student is at least 18 years of age or will attain 18 years of age no later than 12 months after completing training.

(b) Examine student identification. Examine at least one form of official photo identification. The training provider shall also verify that the individual who presents identification bears a reasonable likeness to the photograph. The following forms of photo identification may be accepted:

1. Driver’s license.

2. Identification card issued by the U.S. military, or a federal, state, local, or tribal agency.

3. U.S. and foreign issued passports.

4. Permanent resident alien card.

(c) Document student identification. Record the type of identification examined, the name of the issuing agency, the identification number, the student’s full name as it appears on the identification, and the student’s date of birth.

(d) Photograph student. Take a digital, color photograph of the student for inclusion on the training certificate issued under sub. (17) and submittal to the department with the training class student data required under sub. (18). The photograph shall be a clear, passport-style, shot of the student’s face and upper torso. The student may not be permitted to wear any hat, dark glasses, or other item that obstructs the view of the student’s hair and facial features when the photograph is being taken. A copy of the student photograph shall be saved electronically and the filename shall include the student’s first and last name.

(e) Determine student competency in the language of class instruction. Admit only students who demonstrate the ability to successfully complete course requirements in the language of instruction. The training provider shall have procedures for prescreening language competency when a registered student’s ability to read and communicate in the language of instruction is in doubt. An accredited training course shall be taught entirely in the language in which it was accredited and interpreters, other than sign language interpreters, may not be used.

(f) Determine eligibility for refresher training. Verify that the student is eligible to attend the refresher course before admitting the student into a refresher class by one of the following means:

1. Asking the student to produce the student’s certification card for the discipline that is valid or has been expired for less than 12 months.

2. Reviewing the student’s training history in the training provider’s student database or files to verify training in the discipline within the last 24 months.

3. Asking the student to produce the student’s most recent training certificate in the discipline to verify training within the last 24 months.

Note: Training providers may download Wisconsin certification information including a student’s name, address, certification discipline, certification expiration date, and training due date from the department asbestos database, or may require a certification card or most recent training certificate from out-of-state students. This information can be used to determine student eligibility to take refresher training. If no information can be found through these means, the provider may contact the department for assistance.

(8) Student attendance documentation. The training provider shall require each student to sign in on a daily attendance record at the beginning of each training day and after each lunch break.

(9) Class length. A training day shall be at least 6 classroom contact hours but not more than 8 classroom contact hours, not including lunch and breaks. Once instruction has begun, a course shall be completed within a continuous 30-day period.

(10) Course agenda. The training provider shall provide each student a written agenda for the course that describes the following class schedule information:

(a) Start and end times for each day of training.

(b) Each major topic area as provided under ss. DHS 159.29 to 159.36.

(d) Class time of at least 15 minutes for the student to complete the department certification application form.

(e) Break and lunch periods.

(11) Training resources and facilities. The curriculum approved by the department under subch. IV shall be used to teach the course and shall be revised as new information or regulations apply. Up-to-date equipment and materials for the course shall be readily available to the instructor and maintained in proper working condition. The training provider shall provide sufficient and appropriate space for classroom and hands-on instruction, seating and table or desk space for all students, appropriate lighting, and an environment conducive to learning and free of distractions.

(12) Instructors. The training provider shall assign a principal instructor approved under subch. V to conduct a training course. Any other person teaching a portion of a training course shall be either a department-approved principal instructor or a designated guest instructor under s. DHS 159.42.

(a) The assigned principal instructor shall be responsible for the following: