Chapter DHS 163

DHS 163.20(9)(c)8m. 8m. The training expiration date, which shall be 2 years from the date of course completion for the lead abatement work initial, abatement worker refresher, abatement supervision initial, abatement supervisor refresher, project design initial, project designer refresher, lead sampling initial, sampling technician refresher, inspection initial, inspector refresher, hazard investigation initial, hazard investigator refresher, and risk assessor refresher courses, and shall be 4 years from the date of course completion for the lead-safe renovation initial and lead-safe renovator refresher courses.

DHS 163.20(9)(c)9. 9. The name, address and telephone number of the provider of the training course, as the information appears on the application for accreditation or is later changed by notice to the department under s. DHS 163.25 (7) (a) or (b).

DHS 163.20(9)(c)10. 10. The name and original signature of the course training manager written in blue ink.

DHS 163.20(9)(c)11. 11. The following statement: “This training course complies with the requirements of and is accredited by the State of Wisconsin, Department of Health Services under ch. DHS 163, Wis. Adm. Code.”

DHS 163.20(10) (10) Compliance. The training provider, the training manager and all instructors shall remain in compliance with applicable federal, state and local regulations related to regulated activities and the conduct of training.

DHS 163.20 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (1), (2), (5), (8) (a) (intro.), 1. (intro.), 2. (intro.), (b) 1. j., k., o., p., (c) 7., (h) 3., (9) (a), (b), (c) 3. and 4., cr. (4) (d), (8) (a) 1. zg. to zu., (b) 1. Lm., w., x., y., (c) 8., (9) (a) 1. to 4., (am), and (c) 8m., r. and recr. (8) (a) 1. a. to zf., (b) 1. n. and t., eff. 10-16-09; CR 09-085: am. (1), (2), (5), (8) (a) (intro.), 1. (intro.), 2. (intro.), (b) 1. j., k., o., p., (c) 7., (h) 3., (9) (a), (b), (c) 3. and 4., cr. (4) (d), (8) (a) 1. zg. to zu., (b) 1. Lm., w., x., y., (c) 8., (9) (a) 1. to 4., (am), and (c) 8m., r. and recr. (8) (a) 1. a. to zf., (b) 1. n. and t. Register March 2010 No. 651, eff. 4-1-10; correction in (9) (c) 11. made under s. 13.92 (4) (b) 6., Stats., Register March 2010 No. 651; CR 19-110: am. (3), (4) (a), (c), r. and recr. (5), (6), am. (7) (b), (c) 2., (8) (a) (intro.), r. and recr. (8) (a) 1. a., am. (8) (a) 1. r., zb., 2. (intro.), a., g., h., i., j, m, o., q., cr. (8) (a) 2. u., am. (8) (a) 3. (intro.), k., L., q., 4. (intro.), (b) (intro.), 1. f., 2. (intro.), v., w., 3. (intro.), b., s., (c) 7., (h) 1., 5., cr. (8) (h) 7., am. (8) (i), (9) (title), (am), (b), (c) (intro.), 5. Register June 2021 No. 786, eff. 7-1-21.

DHS 163.21 DHS 163.21 Application for accreditation. To request accreditation of a lead training course described under s. DHS 163.20, the training manager, on behalf of the training provider, shall submit all of the following to the department:

DHS 163.21(1) (1) Completed application form.

DHS 163.21(1)(a) (a) A fully and accurately completed application on a form obtained from the department.

DHS 163.21(1)(am) (am) The application shall include the federal employer identification number or social security number for the training provider, social security numbers for all owners of the course and a statement signed by the training manager which certifies that the training course meets the requirements of this subchapter.

DHS 163.21(1)(b) (b) A course taught in a language other than English is considered a separate course for purposes of applying for accreditation. Only a lead-safe renovation initial, lead-safe renovator refresher, lead abatement work initial and lead abatement worker refresher may be accredited in a language other than English. When applying for accreditation of a course in a language other than English, a signed statement from a qualified, independent translator that they compared all course materials to the English language version and found the translation to be accurate shall be submitted to the department with the application.

DHS 163.21 Note Note: Course application forms are available on the department website at http://dhs.wi.gov/lead. To request forms by mail, call 608-261-6876 or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison WI 53703-3445. Submit completed course applications with all required materials and payment according to form instructions.

DHS 163.21(2) (2) Training course description. A written description of the training course, including all of the following:

DHS 163.21(2)(a) (a) Topics. Major topics covered.

DHS 163.21(2)(b) (b) Course length. Length of training in days and training hours per day, excluding lunches and breaks.

DHS 163.21(2)(c) (c) Hands-on training. Hands-on training segments, including the number of training hours for each segment, a description of the hands-on skills assessment conducted by the principal instructor and a copy of the skills assessment check-off form.

DHS 163.21(2)(d) (d) Student-to-instructor ratio. Student-to-instructor ratio that will be maintained during any hands-on training and hands-on skills assessment.

DHS 163.21(3) (3) Training resources description. A written description of training resources, including all of the following:

DHS 163.21(3)(a) (a) Facilities. Location of facilities used for training, including classroom and any remote sites.

DHS 163.21(3)(b) (b) Equipment for training and hands-on activities. Training equipment, including type, number of each type, location and method of storage.

DHS 163.21(3)(c) (c) Audiovisual materials and materials for hands-on activities. Audiovisual materials such as videos, slides, photographs, and displays, and materials for hands-on activities, such as personal protective clothing, respirators and cartridges, duct tape, plastic sheeting, HEPA vacuums and beater bars, and hand tools, including the number of each and location where they are stored.

DHS 163.21(4) (4) Recordkeeping description. A written description of how the recordkeeping requirements under s. DHS 163.25 (10) will be met, including all of the following:

DHS 163.21(4)(a) (a) Records retained. Types of records kept and for what length of time.

DHS 163.21(4)(b) (b) Records location. The complete street address of the location where the records will be kept.

DHS 163.21(4)(c) (c) Business hours. Normal business days and hours at the location under par. (b).

DHS 163.21(5) (5) Course registration plan. A written course registration plan consisting of a plan for advising potential students of education and experience qualifications under s. DHS 163.10 (3) (b) and a written plan for admitting only students who meet the age requirement and produce a valid form of official photo identification under s. DHS 163.20 (9) (a), and have completed any prerequisite lead training courses under s. DHS 163.11 (2). The plan shall provide a description of how the training provider will assure that only students eligible to take a refresher course will be admitted to a refresher class.

DHS 163.21(6) (6) Course materials. All course materials, including copies of all of the following:

DHS 163.21(6)(a) (a) Agenda. An agenda with scheduled times for each day of training, major topics with times allocated, hands-on training segments with times allocated and all break and lunch periods.

DHS 163.21(6)(b) (b) Student materials. The student course manual, course materials and handouts used in the course.

DHS 163.21(6)(c) (c) Instructor materials. The instructor course manual, which shall include all of the following:

DHS 163.21(6)(c)1. 1. Student learning goals and objectives.

DHS 163.21(6)(c)2. 2. Training outlines for each topic.

DHS 163.21(6)(c)3. 3. Time frames for each topic.

DHS 163.21(6)(c)4. 4. Teaching methods for each topic.

DHS 163.21(6)(c)5. 5. Audiovisual materials used for each topic, including copies of handouts, videos, slides, photographs and displays.

DHS 163.21(6)(c)6. 6. Interactive training exercises, including instructions and descriptions or samples of materials.

DHS 163.21(6)(c)7. 7. Hands-on training exercises, if used, including instructions and descriptions or samples of materials.

DHS 163.21(6)(d) (d) Analysis worksheet. The department’s analysis worksheet, on which the applicant enters the location of specific information in the student course manual and materials.

DHS 163.21(6)(e) (e) Course test and key. The course test and answer key for each course test.

DHS 163.21(6)(f) (f) Course test blueprint. The course test blueprint that shows how the course test was developed to reflect the course content and student learning goals and objectives.

DHS 163.21(6)(g) (g) Score report and test policy. A form for notifying a student of the student’s course test score, if used, and any policy for retaking the course test.

DHS 163.21(6)(h) (h) Evaluation form. A course and instructor evaluation form.

DHS 163.21(6)(i) (i) Training diploma. A sample training diploma under s. DHS 163.20 (9) that is issued by the training manager to students who successfully complete all course requirements. To assist the department in identifying original training diplomas, the sample training diploma shall be printed on the same paper and in the same color as the actual diploma.

DHS 163.21(6)(j) (j) Advertising. Samples of any proposed advertising materials for promoting the course.

DHS 163.21(6)(k) (k) Other approval letter. A copy of the EPA, tribal or other state approval letter if EPA, an EPA-authorized tribal program or another state previously approved the course.

DHS 163.21(7) (7) Names of course personnel.

DHS 163.21(7)(a) (a) Except as provided in par. (b), the names of the approved training manager and the designated principal instructor in charge of the course as well as the names of any additional principal instructors and guest instructors.

DHS 163.21(7)(b) (b) The names of the instructors do not need to be submitted with the application, but the names of approved principal instructors and guest instructors shall be submitted before the course is held. If an application for approval of an instructor is made at the time of application for training course accreditation, the materials submitted to the department for training course accreditation shall include completed instructor approval application forms and all other materials required under s. DHS 163.24 for approval of instructors.

DHS 163.21 Note Note: Applications for instructor approval are available on the department website at http://dhs.wi.gov. To request forms by mail, call 608-261-6876, or write to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison WI 53703-3445. Submit completed applications with payment according to form instructions.

DHS 163.21(8) (8) Index of submitted materials. A written index of all information and materials submitted with the application for accreditation to facilitate review for compliance.

DHS 163.21(9) (9) Accreditation fees. The appropriate application fee under par. (a) and accreditation fee under par. (b) as follows:

DHS 163.21(9)(a) (a) Application fee. A nonrefundable application fee of $200 for an initial course and $125 for a refresher course shall accompany each application for contingent course accreditation.

DHS 163.21(9)(b) (b) Accreditation fee. A 2-year accreditation fee of $25 per course hour or a 4-year accreditation fee of $50 per course hour shall accompany each application for course accreditation. The department shall refund the accreditation fee if accreditation is denied, the training provider does not owe the department other fees and the denial is not appealed or the denial is appealed and upheld.

DHS 163.21(9)(c) (c) Other fees. The department may impose other fees as necessary to cover costs of administering this chapter.

DHS 163.21(10) (10) Quality control plan. A copy of the written quality control plan developed under s. DHS 163.25 (9).

DHS 163.21 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (intro.), (3) (c) and (5), renum. (1) to be (1) (a) and (am), cr. (1) (b), eff. 10-16-09; CR 09-085: am. (intro.), (3) (c) and (5), renum. (1) to be (1) (a) and (am), cr. (1) (b) Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (2) (c), (3) (a) to (c), (5), (6) (c) 5., (g), (i) Register June 2021 No. 786, eff. 7-1-21.

DHS 163.22 DHS 163.22 Accreditation procedures.

DHS 163.22(1) (1) Determination of eligibility for contingent accreditation. The department shall review all information and materials submitted under s. DHS 163.21 for compliance with this subchapter. Within 60 days after the department receives all required application information and materials, the department shall either grant contingent accreditation or deny the application. If contingent accreditation is granted, the department shall send the training manager a contingent accreditation certificate under sub. (5). If the application for accreditation is denied, the department shall notify the training manager in writing. The notice shall include the reason for the denial and shall inform the training manager of the right to appeal that determination under s. DHS 163.33.

DHS 163.22(2) (2) Conducting a course with contingent accreditation. The training course may be conducted once the training manager has received the contingent accreditation certificate for the course and confirmation that the principal instructor is approved under s. DHS 163.24 (3), and has notified the course schedule to the department under s. DHS 163.25 (3).

DHS 163.22(3) (3) Length of contingent accreditation. Contingent accreditation is a temporary approval to conduct training. When the department grants contingent accreditation, the expiration date on the contingent accreditation certificate under sub. (5) shall be 2 years after the date the certificate is issued. Contingent accreditation may be renewed for a maximum of an additional 2 years at the discretion of the department.

DHS 163.22(4) (4) Determination of eligibility for full accreditation. The department shall conduct an accreditation audit under sub. (6) of a training course with contingent accreditation to determine eligibility for full accreditation. After notifying the training manager of the audit results, and based on those results, the department shall take one of the following actions:

DHS 163.22(4)(a) (a) Grant full accreditation. The department may grant full accreditation. If full accreditation is granted, the department shall send the training manager an accreditation certificate under sub. (5). Full accreditation may be granted for up to 2 years or 4 years from the date of issuance, depending on the amount of time left on the course’s contingent accreditation and the amount of the fee paid under s. DHS 163.21 (9) (b). A training course may renew accreditation under the provisions of s. DHS 163.23.

DHS 163.22(4)(b) (b) Renew contingent accreditation. The department may renew contingent accreditation for an additional 2 years, may require changes to the course in order to obtain full accreditation and may conduct additional on-site audits. If the department continues contingent accreditation, the department shall notify the training manager in writing. The notice shall include the reason for continuing contingent accreditation, requirements for achieving full accreditation and the right to appeal the action under s. DHS 163.33.

DHS 163.22(4)(c) (c) Suspend or revoke contingent accreditation. The department may suspend or revoke contingent accreditation at any time or take another enforcement action under s. DHS 163.32. If the department suspends or revokes contingent accreditation, the department shall notify the training manager in writing. The notice shall include the reason for the suspension or revocation and shall inform the training manager of the right to appeal that action under s. DHS 163.33.

DHS 163.22(5) (5) Certificate of accreditation. The department shall send a certificate of accreditation to the training manager when a training course has been granted contingent or full accreditation. The training manager shall maintain the certificate of accreditation at the address listed on the application or later changed with notice to the department under s. DHS 163.25 (7) (a) and shall make the certificate available for review upon request by the department or the public. Only the most recent certificate of accreditation for a training course is valid. The training manager shall not allow another person to copy the certificate of accreditation for fraudulent or misleading purposes or to use the certificate.

DHS 163.22(6) (6) Accreditation audits.

DHS 163.22(6)(a) (a) On-site audits. Department staff may conduct on-site accreditation audits of a training course to review for compliance with this chapter. A training manager, instructor or other staff for an accredited training course may not deny department staff entry to conduct an audit. An audit may include a review of all the following:

DHS 163.22(6)(a)1. 1. Records.

DHS 163.22(6)(a)2. 2. Facilities.

DHS 163.22(6)(a)3. 3. Instructional curriculum.

DHS 163.22(6)(a)4. 4. Course test administration and security procedures.

DHS 163.22(6)(a)5. 5. Classroom instruction.

DHS 163.22(6)(a)6. 6. Audio-visual materials.

DHS 163.22(6)(a)7. 7. Course content and learning objectives, including whether classroom instruction is based on the learning goals and objectives submitted to the department under s. DHS 163.21 (6) (c), as demonstrated by using learning objectives to introduce topics, focusing topics on the learning objectives, reviewing learning objectives in topic reviews and testing for student comprehension of the learning objectives through class discussions, class activities, hands-on training and the course test.

DHS 163.22(6)(b) (b) Records audits. The department may conduct audits of training course records, including records required under s. DHS 163.25 (10), and may require a training provider to submit records to the department for purposes of determining compliance.

DHS 163.22(6)(c) (c) Notice of audit results. Within 60 days after completing an accreditation audit, the department shall notify the training manager in writing of the audit results.

DHS 163.22 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (4) (b), eff. 10-16-09; CR 09-085: am. (4) (b) Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (1), (2), (6) (c) (title) Register June 2021 No. 786, eff. 7-1-21.

DHS 163.23 DHS 163.23 Renewal of course accreditation.

DHS 163.23(1) (1) Requirement for renewal of accreditation. A training course may not be conducted after its accreditation expires until the training manager applies for and receives renewal of accreditation for the training course. When accreditation of a training course has been expired for less than one year, the department may reinstate accreditation if the training manager applies to the department for renewal of accreditation under this section. When accreditation of a training course has been expired for one year or longer, the training manager shall submit a new application under s. DHS 163.21 for contingent accreditation.

DHS 163.23(2) (2) Conditions for renewal of accreditation. The department may renew accreditation of a training course that complies with the provisions of this chapter.

DHS 163.23(3) (3) Application for renewal of accreditation. To apply for renewal of accreditation, the training manager for a training course shall submit an application that includes all of the following:

DHS 163.23(3)(a) (a) Application form. A fully and accurately completed department application form.

DHS 163.23(3)(b) (b) Description of changes. A description of any changes to the training course since the last application was approved that were not previously reported to the department, including changes to resources or course materials.

DHS 163.23(3)(c) (c) Other documents. When directed by the department, other documents that verify compliance of the training course with this chapter.

DHS 163.23(3)(d) (d) Accreditation fee. Each application for renewal of course accreditation shall be accompanied by a 2-year non-refundable accreditation fee of $25 per course hour or a 4-year accreditation fee of $50 per course hour.

DHS 163.23 Note Note: Course application forms are available on the department website at http://dhs.wi.gov/lead. To request a form by mail, call 608-261-6876 or write to the Lead and Asbestos Section, 1 W. Wilson Street, Madison WI 53703-3445.

DHS 163.23 Note Note: Submit completed application and fee according to form instructions.

DHS 163.23(4) (4) Audit. To determine compliance with the requirements of this chapter and eligibility for renewal of accreditation, the department may conduct audits under s. DHS 163.22 (6) of the training course.

DHS 163.23(5) (5) Renewal of accreditation. Within 60 days of receiving application for renewal of accreditation, the department shall review the application for compliance with the conditions for renewal of accreditation and take one of the following actions: