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DHS 159.36(3)(a) (a) Review of the key topics covered in the asbestos supervisor initial course.
DHS 159.36(3)(b) (b) Overview of current worker safety and occupant protection practice relating to asbestos abatement.
DHS 159.36(3)(c) (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.
DHS 159.36(3)(d) (d) Current state-of-the-art procedures and technologies for asbestos abatement, including hands-on instruction.
DHS 159.36(3)(e) (e) Records, forms and documentation required for asbestos abatement, such as project notifications, occupant protection plans, project logs, contracts and recordkeeping requirements.
DHS 159.36(3)(f) (f) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Supervisor Initial Course.
DHS 159.36(4) (4)Asbestos inspector refresher course. The course shall be one-half training day in length and include the following:
DHS 159.36(4)(a) (a) Review of the key topics covered in the asbestos inspector initial course.
DHS 159.36(4)(b) (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.
DHS 159.36(4)(c) (c) State-of-the-art procedures and technologies for asbestos inspections.
DHS 159.36(4)(d) (d) Records, forms and reporting required for asbestos inspections, such as laboratory chain of custody forms, inspection reports and recordkeeping requirements.
DHS 159.36(4)(e) (e) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Inspector Initial Course.
DHS 159.36(5) (5)Asbestos management planner refresher course. The course shall be one-half training day in length and include the following:
DHS 159.36(5)(a) (a) Review of the key topics covered in the asbestos management planner initial course.
DHS 159.36(5)(b) (b) Review and discussion of federal and state rules, regulations and guidance related to school asbestos activities and management plans.
DHS 159.36(5)(c) (c) State-of-the-art procedures and technologies relating to asbestos activities in general and asbestos inspection in particular.
DHS 159.36(5)(d) (d) Records and reporting required for asbestos management planning, such as previous inspections and abatement reports, the management plan report and recordkeeping requirements.
DHS 159.36(5)(e) (e) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Management Planner Initial Course.
DHS 159.36(6) (6)Asbestos project designer refresher course. The course shall be one training day in length and include the following:
DHS 159.36(6)(a) (a) Review of the key topics covered in the asbestos project designer initial course.
DHS 159.36(6)(b) (b) Overview of current safety practices relating to asbestos activities.
DHS 159.36(6)(c) (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.
DHS 159.36(6)(d) (d) State-of-the-art procedures and technologies relating to asbestos abatement activities.
DHS 159.36(6)(e) (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.
DHS 159.36(6)(f) (f) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Project Designer Initial Course.
DHS 159.36 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.
subch. V of ch. DHS 159 Subchapter V — Training Course Instructors
DHS 159.37 DHS 159.37 Approval 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:
DHS 159.37(1) (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:
DHS 159.37(1)(a) (a) Principles of adult learning.
DHS 159.37(1)(b) (b) Instructional methods, including non-lecture interactive teaching methods.
DHS 159.37(1)(c) (c) Effective use of audio-visual and other instructional resources.
DHS 159.37(1)(d) (d) Learning objectives.
DHS 159.37(1)(e) (e) Adult learning styles.
DHS 159.37(1)(f) (f) Effective classroom and learning environment management.
DHS 159.37(1)(g) (g) Hands-on practice teaching involving critique and evaluation of the applicant's teaching skills.
DHS 159.37(2) (2) The applicant shall be certified by the department as follows:
DHS 159.37(2)(a) (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.
DHS 159.37(2)(b) (b) To teach an asbestos inspector initial or refresher course, the applicant shall be certified as an asbestos inspector.
DHS 159.37(2)(c) (c) To teach an asbestos management planner initial or refresher course, the applicant shall be certified as an asbestos management planner.
DHS 159.37(2)(d) (d) To teach an asbestos project designer initial or refresher course, the applicant shall be certified as an asbestos project designer.
DHS 159.37(3) (3) The applicant shall have at least one year of relevant work experience.
DHS 159.37 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.
DHS 159.38 DHS 159.38 Application 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:
DHS 159.38(1) (1) A fully and accurately completed department application form signed and dated by the applicant.
DHS 159.38(2) (2) The applicable approval fee under s. DHS 159.39.
DHS 159.38(3) (3) For initial approval, a current résumé that includes dates and descriptions of required experience under s. DHS 159.37 (3).
DHS 159.38(4) (4) For initial approval, at least 3 professional references with contact information. Only one reference may be from the applicant's current employer.
DHS 159.38(5) (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).
DHS 159.38 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: plicasbstoslead@dhs.state.wi.us; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.
DHS 159.38 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; 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.
DHS 159.38 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.
DHS 159.39 DHS 159.39 Principal instructor approval fees.
DHS 159.39(1)(1) An individual who applies for approval or renewal of approval as a principal instructor shall pay the applicable fee as follows:
DHS 159.39(1)(a) (a) To teach the asbestos worker, asbestos supervisor, exterior asbestos worker and exterior asbestos supervisor initial or refresher courses, a fee of $50.
DHS 159.39(1)(b) (b) To teach the asbestos inspector initial or refresher course, a fee of $50.
DHS 159.39(1)(c) (c) To teach the asbestos management planner initial or refresher course, a fee of $50.
DHS 159.39(1)(d) (d) To teach the asbestos project designer initial of refresher course, a fee of $50.
DHS 159.39(2) (2) Payment 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 159.39(3) (3) Fees are nonrefundable and nontransferable.
DHS 159.39(4) (4) The department may charge a $25 nonrefundable fee for immediate processing of an application, or for re-processing an incomplete application.
DHS 159.39 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.
DHS 159.40 DHS 159.40 Department decisions on initial and renewal applications for principal instructor approval.
DHS 159.40(1)(1) Complete application. Within 30 calendar days after receiving a complete application for initial or renewal of approval, the department shall either approve the application and issue the applicant a certificate of approval for the disciplines in which the individual may instruct, or deny the application. If the department denies approval, the department shall provide the applicant with written notification of the reason for the denial and the appeal rights under subch. VI.
DHS 159.40(2) (2)Incomplete application. Within 15 calendar days after receiving an incomplete application for initial or renewal of approval, the department shall provide instructions to the applicant for completion of the application.
DHS 159.40(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 approval, the applicant shall submit a new application, and the applicable fee.
DHS 159.40 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.
DHS 159.41 DHS 159.41 Principal instructor approval effective dates and expiration dates.
DHS 159.41(1) (1) Principal instructor approval is effective on the date the department issues the certificate of approval.
DHS 159.41(2) (2) Principal instructor approval shall expire on the date the instructor's qualifying certification under s. DHS 159.37 (2) expires.
DHS 159.41 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.
DHS 159.42 DHS 159.42 Guest instructor designation.
DHS 159.42(1) (1) Eligibility. No person may act as a guest instructor for an accredited asbestos training course unless the person is designated by the training provider of the accredited training course and meets all of the following qualifications:
DHS 159.42(1)(a) (a) Appropriate work experience or professional training in each topic the guest instructor will teach.
DHS 159.42(1)(b) (b) Certification in a discipline that qualifies an individual to perform the hands-on activities the guest instructor will teach.
DHS 159.42(2) (2)Designation by training provider. The training provider shall designate a guest instructor by submitting to the department verifiable documentation describing the person's qualifications before the person may assist in teaching an accredited asbestos training course.
DHS 159.42(3) (3)Withdrawal of designation. If the department determines that the individual's work experience, training or certification does not meet the eligibility requirements, or if the individual fails to comply with applicable regulations, the department shall notify the training provider that the designated guest instructor does not meet the qualifications. Upon notification from the department, the training provider shall immediately withdraw the guest instructor designation. If the training provider submits additional documentation of the individual's work experience or training to the department that demonstrates to the department's satisfaction that the person meets guest instructor qualifications, the training provider may again designate the individual as a guest instructor.
DHS 159.42 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.
subch. VI of ch. DHS 159 Subchapter VI — Enforcement
DHS 159.43 DHS 159.43 General provisions.
DHS 159.43(1) (1) Departmental action. The department may initiate an action in the name of this state against any person for violating a provision of this chapter or to require compliance with this chapter.
DHS 159.43(2) (2)Other agency action.
DHS 159.43(2)(a)(a) If any other state agency, in the course of performing its duties, determines that a person has committed a violation of the certification requirements of this chapter or s. 254.20, Stats., and notifies the department pursuant to s. 254.20 (10) (d), Stats., the department may take enforcement action against that person under this subchapter based on the other agency's determination.
DHS 159.43(2)(b) (b) If a local governmental agency, in the course of performing its duties, determines that a person has committed a violation of this chapter, s. 254.20, Stats., or a local ordinance that adopts or incorporates all or part of this chapter, the department may take enforcement action against that person under this chapter based on the local agency's determination.
DHS 159.43(3) (3)Authority to investigate.
DHS 159.43(3)(a)(a) An authorized representative of the department may enter at any reasonable time any property in order to determine compliance with this chapter or s. 254.20, Stats., where the department has reason to believe that at least one of the following applies:
DHS 159.43(3)(a)1. 1. A person is violating or has violated any provision of this chapter or s. 254.20, Stats.
DHS 159.43(3)(a)2. 2. A regulated asbestos activity is being or has been conducted.
DHS 159.43(3)(a)3. 3. Asbestos waste or alleged asbestos waste is stored or disposed.
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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.