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(a) Liability, including tort, regulatory and contractual law.
(b) Insurance considerations for the project designer including claims made and occurrence policies, comprehensive general liabilities policies, environmental and pollution liability policy coverage and exclusions, use of abatement contractor’s liability insurance, and hold harmless clauses.
(c) Bonding issues.
(17)Role of other consultants. Roles other consultants may perform in developing and designing abatement projects, including the following:
(a) The development of technical specifications sections by industrial hygienists or engineers.
(b) The multidisciplinary team approach to abatement design.
(18)Regulations. Relevant federal, state and local regulatory requirements, including all of the following:
(a) Requirements of TSCA (Toxic Substances Control Act) Title II (15 U.S.C. secs. 2643 and 2646).
(b) EPA National Emission Standards for Hazardous Air Pollutants (40 CFR part 61), Subparts A (General Provisions) and M (National Emission Standard for Asbestos).
(c) EPA Asbestos-Containing Materials in Schools (40 CFR 763, Subpart E).
(d) EPA Worker Protection Rule (40 CFR 763, Subpart G).
(e) OSHA Asbestos Construction Standard (29 CFR 1926.1101), Hazard Communication Standard (29 CFR 1926.59), and Respiratory Protection (29 CFR 1910.134).
(f) Asbestos training, certification, provisional certification, and notification requirements and responsibilities under this chapter, including procedures for submitting certification applications and project notifications, and required fees.
(g) Department of safety and professional services asbestos regulations for public sector employees under ch. SPS 332.
(h) Department of natural resources regulations for the control of asbestos emissions under ch. NR 447.
(i) Collection and transportation of asbestos waste under s. NR 502.06 (3).
History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09; correction to numbering of (18) (i) made under s. 13.92 (4) (b) 1., Stats., Register February 2009 No. 638; correction in (18) (g) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.
DHS 159.36Curriculum requirements for refresher courses. Asbestos refresher training courses shall meet the required minimum classroom contact hours and shall include class discussions, learning exercises and activities such as case studies, hands-on skills training and practices as appropriate to the discipline, a written course test under s. DHS 159.22 (16) and time for the student to complete a department application for certification renewal. The asbestos refresher training course for a discipline shall be based on department-approved curricula and shall provide instruction and written materials that cover course topics for the discipline, as follows:
(1)Exterior asbestos supervisor refresher course. The course shall be at least 2 classroom contact hours in length and include the following:
(a) Changes in regulations or technologies related to asbestos activities in general and exterior asbestos activities in particular.
(b) In-depth review of one or more of the following topics:
1. Proper work practices for exterior asbestos abatement projects.
2. Worker safety and occupant protection considerations.
3. Review and discussion of federal and state rules, regulations and guidance related to exterior asbestos abatement, recent court cases, and news articles related to asbestos and the asbestos industry.
4. Records, forms and documentation for exterior asbestos abatement, such as project notifications, occupant protection plans, project logs, contracts and recordkeeping requirements.
(2)Asbestos worker refresher course. The course shall be one training day in length and include the following:
(a) Review of the key topics covered in the asbestos worker initial course.
(b) Overview of current worker safety practice relating to asbestos abatement.
(c) Review and discussion of federal and state rules, regulations and guidance related to asbestos abatement, recent court cases, and news articles related to asbestos and the asbestos industry.
(d) Current state-of-the-art procedures and technologies for asbestos abatement, including hands-on instruction.
(e) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Worker Initial Course.
(3)Asbestos supervisor refresher course. The course shall be one training day in length and include the following:
(a) Review of the key topics covered in the asbestos supervisor initial course.
(b) Overview of current worker safety and occupant protection practice relating to asbestos abatement.
(c) Review and discussion of federal and state rules, regulations and guidance related to asbestos abatement, recent court cases, and news articles related to asbestos and the asbestos industry.
(d) Current state-of-the-art procedures and technologies for asbestos abatement, including hands-on instruction.
(e) Records, forms and documentation required for asbestos abatement, such as project notifications, occupant protection plans, project logs, contracts and recordkeeping requirements.
(f) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Supervisor Initial Course.
(4)Asbestos inspector refresher course. The course shall be one-half training day in length and include the following:
(a) Review of the key topics covered in the asbestos inspector initial course.
(b) Review and discussion of federal and state rules, regulations and guidance related to asbestos inspection activities, recent court cases, and news articles related to asbestos and the asbestos industry.
(c) State-of-the-art procedures and technologies for asbestos inspections.
(d) Records, forms and reporting required for asbestos inspections, such as laboratory chain of custody forms, inspection reports and recordkeeping requirements.
(e) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Inspector Initial Course.
(5)Asbestos management planner refresher course. The course shall be one-half training day in length and include the following:
(a) Review of the key topics covered in the asbestos management planner initial course.
(b) Review and discussion of federal and state rules, regulations and guidance related to school asbestos activities and management plans.
(c) State-of-the-art procedures and technologies relating to asbestos activities in general and asbestos inspection in particular.
(d) Records and reporting required for asbestos management planning, such as previous inspections and abatement reports, the management plan report and recordkeeping requirements.
(e) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Management Planner Initial Course.
(6)Asbestos project designer refresher course. The course shall be one training day in length and include the following:
(a) Review of the key topics covered in the asbestos project designer initial course.
(b) Overview of current safety practices relating to asbestos activities.
(c) Review and discussion of federal and state rules, regulations and guidance related to designing, conducting and monitoring asbestos abatement activities; recent court cases; and news articles related to asbestos and the asbestos industry.
(d) State-of-the-art procedures and technologies relating to asbestos abatement activities.
(e) Records and reporting required for asbestos project designing, such as previous inspections and abatement reports, building blueprints and as-built drawings, the project design and job specifications.
(f) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Project Designer Initial Course.
History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.
Subchapter V — Training Course Instructors
DHS 159.37Approval requirements for principal instructor. Except as provided in s. DHS 159.42, no person may instruct, supervise or offer to instruct or supervise, an accredited asbestos training course unless the individual is approved by the department as a principal instructor for the course discipline. To be eligible for approval as a principal instructor, an applicant shall meet the following qualifications:
(1)The applicant shall have completed at least one college-level course in educational course development and teaching methods as documented by college transcripts, or shall have successfully completed a train-the-trainer course of at least 2 days in length that covered all of the following topics:
(a) Principles of adult learning.
(b) Instructional methods, including non-lecture interactive teaching methods.
(c) Effective use of audio-visual and other instructional resources.
(d) Learning objectives.
(e) Adult learning styles.
(f) Effective classroom and learning environment management.
(g) Hands-on practice teaching involving critique and evaluation of the applicant’s teaching skills.
(2)The applicant shall be certified by the department as follows:
(a) To teach an asbestos supervisor initial or refresher course, asbestos worker initial or refresher course, exterior asbestos supervisor initial or refresher course, or exterior asbestos worker course, the applicant shall be certified as an asbestos supervisor.
(b) To teach an asbestos inspector initial or refresher course, the applicant shall be certified as an asbestos inspector.
(c) To teach an asbestos management planner initial or refresher course, the applicant shall be certified as an asbestos management planner.
(d) To teach an asbestos project designer initial or refresher course, the applicant shall be certified as an asbestos project designer.
(3)The applicant shall have at least one year of relevant work experience.
History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.
DHS 159.38Application requirements for initial and renewal principal instructor approval. An individual who seeks approval as a principal instructor shall apply to the department on an application form obtained from the department. The applicant shall submit all of the following to the department:
(1)A fully and accurately completed department application form signed and dated by the applicant.
(2)The applicable approval fee under s. DHS 159.39.
(3)For initial approval, a current résumé that includes dates and descriptions of required experience under s. DHS 159.37 (3).
(4)For initial approval, at least 3 professional references with contact information. Only one reference may be from the applicant’s current employer.
(5)For initial approval, a certificate of completion from a train-the-trainer course, college transcript or other documentation that shows the applicant meets the requirements under s. DHS 159.37 (1).
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.
History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.
DHS 159.39Principal instructor approval fees.
(1)An individual who applies for approval or renewal of approval as a principal instructor shall pay the applicable fee as follows:
(a) To teach the asbestos worker, asbestos supervisor, exterior asbestos worker and exterior asbestos supervisor initial or refresher courses, a fee of $50.
(b) To teach the asbestos inspector initial or refresher course, a fee of $50.
(c) To teach the asbestos management planner initial or refresher course, a fee of $50.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.