Wisconsin Legislature: DHS 163.24(3)(d)

Alert! This chapter may be affected by an emergency rule:

EmR2502

(3) Principal instructor.

(a) Qualifications.

1. ‘Training.’ A principal instructor shall have successfully completed all of the following training:

a. A teaching methods course which covers, at a minimum, principles of adult learning, training course design, non-lecture instructional methods, use of audio-visual and other instructional resources, teaching methods, learning objectives, guided discovery and learning styles and maintaining classroom control for a learning environment. The course shall consist of at least 16 training hours of instruction and shall include a practice teaching component involving critique and evaluation of the applicant’s teaching skills. Any degree with an education emphasis that includes educational coursework covering the topics required in this subdivision paragraph satisfies this requirement.

b. For teaching lead investigation courses, training in radiation safety and use of each XRF the instructor will use in the course, as documented by a certificate of training from the manufacturer of the XRF.

2. ‘Certification.’ A principal instructor shall be currently certified as follows:

a. As a lead risk assessor for approval to teach initial lead sampling, lead inspection and lead hazard investigation courses and refresher lead sampling technician, lead inspector, lead hazard investigator, and lead risk assessor courses.

b. As a lead abatement supervisor for approval to teach initial lead-safe renovation, lead abatement work and lead abatement supervision courses and refresher lead-safe renovator, lead abatement worker and lead abatement supervisor courses.

c. As a lead project designer for approval to teach initial lead project design and refresher project designer courses.

3. ‘Experience.’ During the 5 years preceding application to the department for principal instructor approval, an applicant shall have one year of direct responsibility for one of the following areas:

a. For approval to teach courses for lead hazard reduction, lead-safe renovation or project design disciplines, direct responsibility for activities involving lead hazard reduction, lead health effects, lead regulations, industrial hygiene activities involving lead, construction or renovation of homes or other buildings, painting, weatherization, rehabilitation or home improvement, lead worker protection or abatement relating to other hazardous materials.

b. For approval to teach courses for lead identification disciplines, direct responsibility for activities involving lead sampling, lead inspections or risk assessments, lead health effects, public or occupational health care, lead regulations, enforcement of environmental regulations, environmental investigations, building inspections, industrial hygiene activities involving lead, weatherization, rehabilitation, renovation or home improvement or identification activities relating to other hazardous materials.

c. For approval to teach any type of course, direct responsibility for instructing adults in work-related courses. The department shall evaluate qualifications in relation to the topic or topics that the applicant will teach.

(b) Application requirements. An applicant for approval as a principal instructor shall submit to the department all of the following:

1. ‘Completed application form.’ A fully and accurately completed application on a form obtained from the department. The application shall include the applicant’s social security number.

2. ‘Resume.’ A current resume, including dates and description of related experience and education.

3. ‘References.’ A minimum of 3 professional references.

5. ‘Teaching methods certificate.’ A teaching methods course certificate or transcript and a course description or agenda that documents how the course meets the requirements under par. (a) 1. a. or documentation of equivalent education.

7. ‘Fee.’ A nonrefundable principal instructor application and approval fee as follows:

a. $100 for a lead investigation instructor application, which includes approval to teach lead sampling, inspection, hazard investigation and risk assessment courses.

b. $100 for a lead hazard reduction instructor application, which includes approval to teach lead abatement and lead-safe renovation courses.

c. $50 for a lead project design instructor application, which includes approval to teach only lead project design courses.

d. The department may impose other fees as necessary to cover costs of administering this chapter.

Note: Applications 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, Room 137, Madison WI 53703-3445.

Note: Submit completed applications according to form instructions.

1. Within 15 working days after the submission of a complete application, the department shall either grant or deny approval for an applicant to be a principal instructor.

2. If approval is granted, the department shall send the applicant written notice of approval.

3. If approval is denied, the department shall give the applicant reasons in writing why the application was denied and shall notify the applicant of the right to appeal the determination under s. DHS 163.33.

(d) Length of approval. The department may grant principal instructor approval that shall be valid until the expiration of the instructor’s qualifying lead certification.

(e) Renewal of approval.

1. ‘Application.’ Before approval and the qualifying certification expire, the principal instructor shall apply for renewal of approval by submitting to the department both of the following:

a. A completed application for renewal of approval.

b. A nonrefundable approval renewal fee of $50 for lead investigation instructor or lead hazard reduction instructor approval or $25 for lead project design instructor approval.

2. ‘Qualifications.’ For renewal of approval as a principal instructor, the individual shall apply for recertification in the required discipline under par. (a) 2., and shall be in compliance with this chapter.

3. ‘Decision.’

a. Within 15 working days after the submission of all required application information, the department shall either grant or deny approval.

b. If renewal of approval is granted, the department shall send the applicant written notice of approval.

c. If renewal of approval is denied, the department shall give the applicant reasons in writing why the application was denied and shall notify the applicant of the right to appeal the determination under s. DHS 163.33.

4. ‘Duration.’ Renewal of principal instructor approval shall be valid until the expiration of the instructor’s qualifying lead certification.

(4) Guest instructor.

(a) Qualifications. A guest instructor shall have experience in each topic the guest instructor proposes to teach and in each hands-on activity for which the guest instructor will assist the principal instructor. Guest instructor qualifications shall be documented on a form obtained from the department and kept on file by the training manager. The form shall document appropriate training and experience in each topic area the instructor intends to teach and in each hands-on activity for which the guest instructor will provide assistance. The training manager is responsible for verifying qualifications and credentials and for designating guest instructors as needed.

(b) Submission of qualifications. A training manager shall submit to the department a copy of the qualifications of each guest instructor the training manager designates before the guest instructor participates in a course.

(c) Department action. If the department notifies a training manager that a guest instructor does not meet the qualifications under par. (a), the training manager shall withdraw designation of the guest instructor until the qualifications are met.

(5) Equivalent training and experience. The department may approve training, education and experience qualifications other than those in this section if the department, following consideration and evaluation of the qualifications on a case-by-case basis, finds that the qualifications are substantially equivalent to and as protective of human health and the environment as the requirements of this section.

History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (2) (a) (intro.), (3) (a) 2., 3. a. to c., (b) 5., and 7. a. to c., eff. 10-16-09; CR 09-085: am. (2) (a) (intro.), (3) (a) 2., 3. a. to c., (b) 5., and 7. a. to c. Register March 2010 No. 651, eff. 4-1-10; CR 19-110: am. (1), am. (2) (c) 1., 2., (d), (3) (b) 3., r. (3) (b) 4., 6., am. (3) (c) 1., 2., (e) 1. a., b., 2., 3. a., b. Register June 2021 No. 786, eff. 7-1-21; correction in (2) (d) made under s. 35.17, Stats., Register June 2021 No. 786.

DHS 163.25 Administrative responsibilities of training managers.

(1) Advertising. The training manager for an accredited training course shall ensure that any advertisement for the course includes the same name and address of the course training provider as it appears on the application for accreditation or as later changed by notice to the department under sub. (7).

(2) Cessation of training. The training manager shall notify the department when the training provider for an accredited training course closes or when the course will no longer be offered and shall provide the department an opportunity to take possession of any relevant training records. Notice shall be made a minimum of 15 working days before the cessation of training.

(3) Course schedule notice to the department.

(a) Requirement for notice. A training manager shall notify the department by entering class schedule information for the accredited course directly into the department’s online lead database or by other method approved by the department.

Note: For instructions notifying class schedule information online, call 608-261-6876.

(b) Notice content. The notice 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 start and end dates, start and end times and location of the course.

4. The name of the designated principal instructor for the course.

1. The notice shall be submitted to the department a minimum of 10 working days prior to the course starting date.

2. The training manager may request department approval to schedule a training class with less than 10 working days advance notice. The request shall be made by phone or by other method approved by the department a minimum of one working day prior to the requested start date. If approved, the training provider shall immediately notify the class using the department’s online system or other method approved by the department.

(d) Revised notice. The training manager shall notify the department about course cancellations or course schedule, instructor or location changes by means of the department’s online lead database when known 10 working days or more before the notified start date, and also by telephone or other method approved by the department when the change or cancellation occurs less than 10 working days before the scheduled start date.

(4) Designation of guest instructors. When a guest instructor assists with a training course, the training manager shall designate the guest instructor under s. DHS 163.24 (4).

(5) Designation of principal instructors. The training manager shall designate a principal instructor for each accredited course offering. The principal instructor shall be approved under s. DHS 163.24 (3).

(6) Nondiscrimination in training. Access to an accredited training course may not be denied solely due to age, sex, race, color, religion or creed, national origin, ancestry, sexual orientation, gender identity, or disability.

(7) Notice of changes. The training manager shall notify the department in writing a minimum of 15 working days before making the following changes:

(a) Change of address. A change of address of the training provider or the location of records required under sub. (10).

(b) Change of name. A change in the name of the training provider.

(c) Change of ownership. The accreditation of a training course under this subchapter may be transferred to a new owner provided the course remains the same course accredited under this chapter and the transfer is requested by both the training provider transferring the course and the new owner of the course. Upon receipt of a request to transfer the accreditation of a course, the department will change the course’s accreditation to contingent accreditation under s. DHS 163.22 with no change in expiration date or with an expiration date 2 years after the date ownership of the course changed, whichever is earlier.

(d) Change in a course. A change in the training course description under s. DHS 163.21 (2), the training resources under s. DHS 163.21 (3), the course registration plan under s. DHS 163.21 (5) or course materials under s. DHS 163.21 (6). In addition to the notice of a change in course materials under s. DHS 163.21 (6), the training manager shall submit a draft of the revised materials. After reviewing the draft revisions, the department may allow a trial period of 3 class sessions of a training course before requiring submittal of a final revision.

(e) Change of training manager. When a training course does not have an approved training manager, the course may not be offered.

Note: Submit training course changes to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445 or by any other method acceptable to the department.

(8) Permission to audit. The training manager shall permit department representatives to attend, evaluate and monitor any accredited training course and have access to records associated with any accredited training course at any reasonable time without charge or hindrance to the department for the purpose of an accreditation audit or any other evaluation of compliance with this chapter and any other applicable statute or regulation.

(9) Quality control. The training manager shall be responsible for developing and implementing a written quality control plan with measures that include all of the following:

(a) Compliance. Ensuring that the training course and course personnel comply with all provisions of this chapter.

(b) Instructor review. Annually reviewing instructor competency and taking measures to improve competency when necessary.

(c) Material review. Annually reviewing and revising training materials and course tests to reflect innovations and changes in the field.

(d) Training and meetings. Attending training and meetings to which the training manager has been invited by the department as a means of improving the quality of training offered.

(e) Validity of course test. Maintaining the validity, integrity and security of the course test under sub. s. DHS 163.20 (8) (h).

(f) Validity of skills assessment. Maintaining the validity and integrity of the hands-on skills assessment under s. DHS 163.20 (8) (i) to ensure that it accurately evaluates the trainees’ performance of skills taught during hands-on training.

(10) Records.

(a) Requirement to retain records. The training manager shall ensure that the training provider offering an accredited training course retains the records in par. (b) at its principal place of business in Wisconsin. If no office is maintained in Wisconsin, records shall be retained at the office location closest to Wisconsin. Records shall be retained for a minimum of 3 years 6 months and shall be given to the department upon request.

(b) Records to be retained. The following records shall be retained:

1. A copy of each department-approved instructor and student manual, course test, course test blueprint, all printed materials used in the course, other training material and any document reflecting changes made to any material.

2. All scored course tests.

3. A copy of each student’s training diploma and original photo saved in digital format.

4. Documentation of training manager, principal instructor and guest instructor qualifications, including copies of any principal instructor approvals under s. DHS 163.24 (3) and guest instructor designations under sub. (4).

5. Original attendance forms signed by students, and any other attendance records.

6. The quality control plan when required under s. DHS 163.25 (9), including documentation of activities performed in compliance with the quality control plan.

7. Documentation of hands-on skills assessment completed for each student and signed by the principal instructor.