Chapter DHS 159

DHS 159.05 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.06 DHS 159.06 Exceptions to certification. Individual certification is not required under any one of the following conditions:

DHS 159.06(1) (1) An asbestos abatement activity or asbestos management activity is performed by the owner on his or her own single-family, non-rental residential property that is occupied or intended to be occupied solely by the owner’s family.

DHS 159.06(2) (2) An asbestos abatement activity involves only operations and maintenance work that disturbs or incidentally removes no more asbestos-containing material than would fit in a single glove bag or disposal bag no larger than 60 inches by 60 inches properly filled and sealed, is work that is non-repetitive and is not a series of small jobs that if performed sequentially would require certification, and is conducted by an individual or individuals with documented proof of completing at least a 16-hour operations and maintenance training course as described in 40 CFR 763.92 (a).

DHS 159.06(3) (3) An individual operates a motorized vehicle to demolish or remove a facility when asbestos-containing material is allowed to remain under s. NR 447.08 (1) (a) to (d).

DHS 159.06 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.07 DHS 159.07 Application requirements for initial and renewal certification. Only individuals who meet the eligibility requirements under s. DHS 159.05 (4) may apply for initial or renewal certification. An eligible individual shall apply to the department for initial or renewal certification on an application form obtained from the department. The applicant shall submit the following to the department:

DHS 159.07(1) (1) The fully and accurately completed department application form signed and dated by the applicant.

DHS 159.07(2) (2) The applicable fee under s. DHS 159.08 for the discipline in which the applicant is applying.

DHS 159.07(3) (3) For initial application, the applicant’s social security number or, if the applicant does not have a social security number, a signed statement, made under oath or affirmation, that the applicant does not have a social security number, as required under ss. 250.041 and 254.115, Stats.

DHS 159.07(4) (4) For initial application, training certificates from any previously completed training courses required for certification in the discipline unless previously provided to the department by the applicant or a department-accredited training provider.

DHS 159.07 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:
[e-mail]; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.

DHS 159.07 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; [e-mail]. For application submitted by fax or email payment may be made only by credit or debit charge to a VISA or MasterCard.

DHS 159.07 Note Note: Sections 250.041 and 254.115, Stats., require an applicant for certification to provide the department with the applicant’s social security number. Under s. 254.115 (3), Stats., the department is required to deny certification to an applicant who does not provide the department his or her social security number or, if the applicant does not have a social security number, a signed statement, made under oath or affirmation, that the applicant does not have a social security number. The form required for the statement is available from the Asbestos and Lead Unit: [e-mail]; 608-261-6876; or 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.

DHS 159.07 Note Note: The department must have on file the appropriate initial training course certificate and all required annual refresher course certificates for each discipline for which an individual is applying. Training certificates submitted with previous applications to the department need not be re-submitted. Training certificates for training taken in Wisconsin after the publication date of this chapter need not be submitted. Under s. DHS 159.22 (18), Wisconsin training providers must submit students’ course completion and certificate information directly to the department.

DHS 159.07 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.08 DHS 159.08 Certification and other fees.

DHS 159.08(1) (1) An individual who applies for certification or renewal of certification shall pay the appropriate certification fee as follows:

DHS 159.08(1)(a) (a) For certification as an asbestos supervisor, a fee of $125.

DHS 159.08(1)(b) (b) For certification as an asbestos worker, a fee of $75.

DHS 159.08(1)(c) (c) For certification as an exterior asbestos supervisor, a fee of $75.

DHS 159.08(1)(d) (d) For certification as an asbestos inspector, a fee of $175.

DHS 159.08(1)(e) (e) For certification as an asbestos management planner, a fee of $125.

DHS 159.08(1)(f) (f) For certification as a project designer, a fee of $175.

DHS 159.08(1)(g) (g) For certification as an exterior asbestos worker, a fee of $125.

DHS 159.08 Note Note: There is no annual renewal fee for the exterior asbestos worker certification because it is a non-expiring certification.

DHS 159.08(2) (2) An individual shall pay the following additional fees as applicable:

DHS 159.08(2)(a) (a) For immediate processing of an application when this service is available, a fee of $25.

DHS 159.08(2)(b) (b) For additional processing of an application required because an incomplete or incorrect application has been submitted, a fee of $25.

DHS 159.08(2)(c) (c) For verifying out-of-state training or certification, a fee of $25.

DHS 159.08(2)(d) (d) For providing copies of training records or certificates, a fee of $25.

DHS 159.08(2)(e) (e) For replacing a damaged, lost or stolen certification card, a fee of $25.

DHS 159.08(3) (3) Payment of a fee 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 159.08(4) (4) Fees are nonrefundable and nontransferable.

DHS 159.08 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.09 DHS 159.09 Provisional certification.

DHS 159.09(1) (1) An individual who is eligible for certification and who submits application for certification to the department may conduct regulated asbestos activities in the discipline in which certification is sought for 30 calendar days from the date the applicant completes training for the discipline, or until the department denies the individual’s application, whichever occurs first.

DHS 159.09(2) (2) An individual who wishes to conduct regulated asbestos activities under provisional certification shall submit a complete application by fax, email, other method approved by the department, or by personal delivery before the applicant may begin conducting regulated asbestos activities.

DHS 159.09(3) (3) An individual who conducts regulated asbestos activities under provisional certification may only conduct the activities of the discipline for which the individual received training and applied for certification.

DHS 159.09(4) (4) An individual who conducts regulated asbestos activities under provisional certification shall comply with responsibilities of certified individuals under s. DHS 159.13.

DHS 159.09(5) (5) If an individual appeals the department’s denial of certification, the individual may not conduct regulated asbestos activities pending the outcome of the appeal.

DHS 159.09 Note Note: Submit application and fee to Asbestos and Lead Unit: 1W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659; (fax) 608-266-9711; [e-mail]. For application submitted by fax or email payment may be made only by credit or debit charge to a VISA or MasterCard.

DHS 159.09 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.10 DHS 159.10 Department decisions on initial and renewal applications for certification.

DHS 159.10(1) (1) Complete application. Within 30 calendar days after receiving a complete application for initial or renewal certification, the department shall either approve the application and issue the applicant a photo certification card for the discipline, or deny the application. If the department denies certification, the department shall provide the applicant with written notification of the reason for denial and appeal rights under subch. VI.

DHS 159.10(2) (2) Incomplete application. Within 15 calendar days after receiving an incomplete application, the department shall give the applicant instructions on how to complete the application. The department may require the applicant to submit a $25 processing fee when additional or corrected information must be obtained.

DHS 159.10(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 certification, the applicant shall submit a new application, and the applicable certification fee.

DHS 159.10 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.11 DHS 159.11 Certification effective dates and expiration dates.

DHS 159.11(1) (1) Effective dates. Certification and renewal certification in a discipline are effective on the date the department issues the photo certification card to the applicant and expire annually, except for exterior asbestos worker certification, which does not expire.

DHS 159.11(2) (2) Expiration dates. The certification expiration date for a discipline other than the exterior asbestos worker discipline is determined as follows:

DHS 159.11(2)(a) (a) Initial certification. The expiration date for initial certification shall be 12 months after the completion date of the applicant’s most recently completed training required under s. DHS 159.12 (3).

DHS 159.11(2)(b) (b) Renewal certification.

DHS 159.11(2)(b)1. 1. When an applicant completes the required refresher training under s. DHS 159.12 (4) more than 3 months before the expiration date of the applicant’s certification, the expiration date for the renewal certification shall be 12 months from the date the individual completes the required refresher training.

DHS 159.11(2)(b)2. 2. When an applicant completes the required refresher training under s. DHS 159.12 (4) less than 3 months before the expiration date of the applicant’s certification, the expiration date for the renewal certification shall be 12 months from the date the applicant’s current certification expires.

DHS 159.11(2)(b)3. 3. When an applicant completes the required refresher training under s. DHS 159.12 (4) after the expiration date of the applicant’s certification, but no later than 24 months after completion of the applicant’s most recent accredited training, the expiration date for the renewal certification shall be one year from the date the individual completes the required refresher training.

DHS 159.11 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.12 DHS 159.12 Initial and refresher training requirements.

DHS 159.12(1) (1) Accredited training requirement. Only training certificates from courses with accreditation from the department, listed as accredited in the U.S. EPA’s National Directory of AHERA Accredited Courses, or confirmed as accredited by a state approved by EPA to administer an asbestos accreditation program under 40 CFR Part 763, Appendix C to Subpart E, at the time the course was delivered, shall be accepted as proof of completing required training.

DHS 159.12 Note Note: Department-accredited courses may be found online at http://www.dhs.wisconsin.gov/asbestos.

DHS 159.12(2) (2) Wisconsin training requirement. The most recent training the applicant completes for certification in a discipline shall be a department-accredited initial or refresher training course that is held in Wisconsin. Training is not complete until all of the following requirements are met:

DHS 159.12(2)(a) (a) The applicant attends the entire course, completes all course requirements and passes the course test.

DHS 159.12(2)(b) (b) The applicant presents 2 official forms of identification to the training provider for review, at least one of which shall be photo identification.

DHS 159.12(2)(c) (c) The applicant’s photograph is taken by the training provider.

DHS 159.12(2)(d) (d) The applicant receives the applicable training certificate from the accredited training provider.

DHS 159.12(3) (3) Initial training. To qualify for certification, an individual shall first complete the accredited initial training required for the discipline before applying for certification under s. DHS 159.07. Initial training requirements for certification in each discipline are as follows:

DHS 159.12(3)(a) (a) For asbestos supervisor certification, a 5-day asbestos supervisor initial course.

DHS 159.12(3)(b) (b) For asbestos worker certification, a 4-day asbestos worker initial course.

DHS 159.12(3)(c) (c) For asbestos inspector certification, a 3-day asbestos inspector initial course.

DHS 159.12(3)(d) (d) For asbestos management planner certification, a 3-day asbestos inspector initial course followed by a 2-day asbestos management planner initial course.

DHS 159.12(3)(e) (e) For asbestos project designer certification, a 3-day asbestos project designer initial course.

DHS 159.12(3)(f) (f) For exterior asbestos supervisor certification, a 1-day exterior asbestos worker course followed by a 1-day exterior asbestos supervisor initial course.

DHS 159.12(3)(g) (g) For exterior asbestos worker certification, a 1-day exterior asbestos worker course.

DHS 159.12(4) (4) Annual refresher training. Except for exterior asbestos worker certification which does not require accredited refresher training, to maintain certification eligibility, an individual who has completed the initial training requirement shall annually complete the accredited refresher training required for the discipline, before applying for certification renewal. Refresher training requirements are as follows:

DHS 159.12(4)(a) (a) For asbestos supervisor certification, a 1-day asbestos supervisor refresher course.

DHS 159.12(4)(b) (b) For asbestos worker certification, a 1-day asbestos worker refresher course.

DHS 159.12(4)(c) (c) For asbestos inspector certification, a half-day asbestos inspector refresher course.

DHS 159.12(4)(d) (d) For asbestos management planner certification, a half-day asbestos inspector refresher course and a half-day asbestos management planner refresher course.

DHS 159.12(4)(e) (e) For asbestos project designer certification, a 1-day asbestos project designer refresher course.

DHS 159.12(4)(f) (f) For exterior asbestos supervisor certification, a 2-hour exterior asbestos supervisor refresher course.

DHS 159.12(5) (5) Continuity of training. In order to maintain eligibility for certification in the discipline, an individual shall complete all required training for the discipline within the following timeframes:

DHS 159.12(5)(a) (a) The applicant shall complete the most recent required training no more than 12 months before submitting application for certification or renewal of certification.

DHS 159.12(5)(b) (b) To be eligible to renew certification in a discipline, the applicant’s training history shall show a gap of no more than 24 months between the completion dates of any two consecutive accredited training courses required for certification in the discipline.

DHS 159.12(5)(c) (c) If the applicant does not complete refresher training required under sub. (4) for the discipline within 24 months after completing a previous training course for the discipline, the individual shall retake the initial training course for the discipline to qualify for certification.

DHS 159.12 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.13 DHS 159.13 Responsibilities of individuals conducting regulated asbestos activities.

DHS 159.13(1) (1) Association with a certified asbestos company. An individual shall be associated with a certified asbestos company under subch. III by ownership, contract or employment before the individual may perform, supervise or offer to perform or supervise a regulated asbestos activity.

DHS 159.13(2) (2) Compliance with asbestos-related laws. An individual conducting regulated asbestos activities shall comply with this chapter and all applicable local, state and federal asbestos ordinances, statutes and regulations, including:

DHS 159.13(2)(a) (a) 15 U.S.C. sec. 2643 and 2646, Title II of the U.S. Toxic Substances Control Act (TSCA).