Wisconsin Legislature: DHS 159.19(7)(a)1.

(1) Effective dates. Certification is effective on the date the department issues the company certificate to the applicant.

(2) Expiration dates. Certification shall expire 24 months after the certification effective date.

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

DHS 159.19 General responsibilities of asbestos companies.

(1) Company advertising. Advertisement for conducting regulated asbestos activities shall include the name and address of the asbestos company as it appears on the application for company certification submitted to the department under this subchapter, or as later changed by notification to the department under sub. (2).

(2) Notification of company change. The asbestos company shall notify the department in writing at least 10 working days before any of the following:

(a) The company name or address changes.

(b) The company ownership changes.

(3) Notification of asbestos abatement. Before an asbestos company may begin an asbestos abatement activity, the company shall notify the department as required under s. DHS 159.20.

(4) Exterior asbestos worker training. An asbestos company shall ensure that annual asbestos refresher training is completed by each exterior asbestos worker it employs or with whom it contracts. The company shall maintain documentation of training completion for each employee, as required under sub. (7). This documentation shall identify the training as annual training for the exterior asbestos worker discipline and include the training provider name, address and telephone number, names of instructors and students in attendance, training date, and class start and end times.

(5) Company certificates. No person may give, trade, sell, loan, or use a company certificate that belongs to another person. A certificate may be copied only for record keeping purposes. If a certificate is copied, the person who makes the copy shall clearly label the copy with the word “copy” across the front. The person to whom the department issues a certificate is the owner of that certificate and shall do all of the following:

(a) Retain the certificate until the certification expires.

(b) Make the certificate available for inspection upon request.

(c) Return a suspended, revoked, or otherwise invalid certificate to the department within 10 calendar days of the department’s request.

(d) Promptly request a replacement certificate if the certificate is lost, stolen or damaged by submitting an application form obtained from the department and payment of a $25 replacement fee.

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.

(6) Department inspections and audits.

(a) An asbestos company shall cooperate with the department when the department conducts inspection or audit activities to determine compliance with this chapter or any other applicable statute or rule.

(b) An asbestos company shall comply with department requests that all individuals exit containment or other regulated areas.

1. Entering any property or premises on which the company, a company employee or a person under contract with the company is engaged in a regulated asbestos activity, or where the asbestos company conducts business.

2. Reviewing or copying records required under sub. (7) or any other records relating to regulated asbestos activities.

3. Collecting air or bulk samples.

4. Conducting an on-site audit of a training course.

5. Conducting other activities necessary to determine compliance with this chapter.

(d) An asbestos company may not confiscate an individual’s original training certificate or certification card, unless the department directs it to do so, and it may not copy an individual’s training certificate or certification card except for record keeping purposes. If a training certificate or certification card is copied, the person who makes the copy shall clearly label “copy” across the front.

(e) An asbestos company may not charge a fee for the department to conduct an on-site audit of a training course.

(7) Record keeping.

(a) Asbestos abatement and management activities. An asbestos company shall retain all records related to its asbestos abatement or management activities for at least 3 years after the documents are created or received by the company. The company shall maintain the records at the address provided on the company application. Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. The company shall retain all of the following records as appropriate to the type of regulated activities the company performs:

1. Copies of project notifications submitted to the department under s. DHS 159.20 and to DNR under ch. NR 447.

2. Project logs created under s. DHS 159.21 (2).

3. Occupant protection plans created under s. DHS 159.21 (3).

4. Any written contracts for asbestos abatement, inspection, management planning, or project design activities conducted by the company.

5. Any asbestos inspection reports and any asbestos bulk sampling laboratory results.

6. Documentation of annual training required under sub. (4) for any certified exterior asbestos workers.

(b) Asbestos training activities. An asbestos company that is a training provider shall retain all records related to regulated asbestos training activities for at least 3 years after the documents are created or received by the company, except t course curriculum materials, which shall be retained for at least 3 years after the materials are no longer used. The company shall maintain the records at the address provided on the company application. Records shall be made available for department inspection on site, by mail, or by other means as requested by the department. The records retained by the company shall include all of the following:

1. The original certificate of course accreditation from the department.

2. A complete copy of the approved course curriculum, including the instructor and student manuals, course agenda, course test, printed and audiovisual materials used in the course, any other material submitted as part of the application for accreditation and any documents reflecting later changes made to an accredited course.

3. For each class conducted, the course test questions, answer key, date the test was administered, discipline of the training course, name of the person who administered the test, names of students who completed the test, and the scored test or answer sheet for each student including passing and failing tests.

4. A copy of each student’s training certificate.

5. Class and student information required under s. DHS 159.22 (18).

6. Copies of the photographs required under s. DHS 159.22 (7) (d).

7. Original class attendance student sign in records.

8. Documentation of principal instructor and guest instructor qualifications, including copies of principal instructor approvals.

9. The quality control plan required under s. DHS 159.22 (5), including documentation of activities conducted in compliance with the quality control plan.

(8) Compliance with applicable laws. When conducting regulated asbestos activities, the asbestos company shall comply with this chapter, other applicable state and federal asbestos laws and regulations, and local ordinances relating to asbestos, including the following:

(a) Department of safety and professional services asbestos regulations for public sector employee health and safety under ch. SPS 332.

(b) DNR regulations for control of asbestos emissions under ch. NR 447, and for collection and transportation of asbestos waste under s. NR 502.06 (3).

(d) U.S. EPA regulations under 40 CFR 763 subpart E, asbestos-containing materials in schools, including appendix C, asbestos model accreditation plan, and appendix D, transport and disposal of asbestos waste, and subpart G to 40 CFR 763, asbestos worker protection.

(e) U.S. EPA national emission standards for hazardous air pollutants under 40 CFR 61 subparts A, general provisions, and M, national emission standards for asbestos.

(f) U.S. OSHA regulations under 29 CFR 1926.1101, asbestos construction standard, 29 CFR 1926.59, hazard communication standard, and, 29 CFR 1910.134, respiratory protection standard.

(g) U.S. Department of Transportation requirements under 49 CFR Part 172, hazardous materials transportation standard.

History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09; correction to numbering of (8) (f) and (g) made under s. 13.92 (4) (b) 1., Stats., Register February 2009 No. 638; correction in (8) (a) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

DHS 159.20 Asbestos abatement notification.

(1) Notification requirement. Before it may set up to perform an asbestos abatement activity, an asbestos company shall notify the department as required under this section on a form obtained from or approved by the department and shall pay the applicable fee specified under sub. (8).

(2) Abatement activities that require notification.

(a) An asbestos company shall notify the department of any of the following asbestos abatement activities performed on the interior or exterior of a residential structure that has fewer than 5 dwelling units:

1. Removal of more than one glove bag or disposal bag, which is no larger than 60 inches by 60 inches properly filled and sealed, of friable or non-friable asbestos-containing material.

2. Enclosure, encapsulation or repair of more than 3 square feet or 3 linear feet of friable asbestos-containing material.

(b) An asbestos company shall notify the department of any of the following asbestos abatement activities performed on the interior or exterior of any facility other than a residential structure that has fewer than 5 dwelling units:

1. Removal of more than one glove bag or disposal bag, which is no larger than 60 inches by 60 inches properly filled and sealed, of non-friable asbestos-containing material.

2. Removal of more than one glove bag or disposal bag, which is no larger than 60 inches by 60 inches properly filled and sealed, but less than 160 square feet, 260 linear feet, 35 cubic feet of friable asbestos-containing material, or less than 5,580 square feet of asbestos-containing roofing using mechanical methods.

3. Enclosure, encapsulation or repair of more than 3 square feet or 3 linear feet of friable asbestos-containing material.

(3) Exceptions to notification. Notification is not required when removal is conducted before a fire burn or demolition regulated under ch. NR 447 and notification is made to the Wisconsin department of natural resources.

Note: The Department of Natural Resources also has notification requirements under ch. NR 447 that apply to structures other than residential structures with fewer than 5 dwelling units. Notification to the DNR is required before the removal of any amount of asbestos-containing material for DNR-regulated demolitions and before the removal of friable asbestos or regulated asbestos-containing material in amounts of 160 sq. ft., 260 lnr. ft., or 35 cu. ft., or more, for renovation and planned renovation projects. For more information on DNR requirements, visit the DNR website at http://dnr.wi.gov and type in keyword “asbestos” in the Site Search.

(4) Required content of notification. Notification shall include all of the following:

(a) A unique company project number assigned by the asbestos company.

(b) The following information regarding the asbestos abatement activity site: type of property, property name if applicable, address, and the name and telephone number of the authorized property contact person.

(c) The asbestos abatement type: removal, enclosure, encapsulation or repair of asbestos-containing material, or any combination of these activities.

(d) The occupancy status: whether the structure will be occupied or vacant during the project.

(e) The notification type: original, cancellation, revision, planned renovation project, or sub-project to a planned renovation project.

(f) The asbestos abatement activity schedule including start date beginning with set up, end date, and work days and hours.

(g) Information about any pre-project asbestos inspection conducted and the name and department certification number of the inspector.

(h) The asbestos company name, department certification number and address, and the name and telephone number of the project contact person.

(i) The amount and type of asbestos-containing material involved in the project.

(j) Signature of an authorized company representative and the date of signature.

(5) Notification for planned renovation.

(a) An asbestos company may submit notification for a planned renovation project, for a time period not to exceed 12 months, when the company anticipates that multiple sub-projects of a planned renovation will include asbestos abatement activities. A company submitting notification for a planned renovation shall subsequently submit notification for each asbestos sub-project that meets the notification requirements under sub. (1).

(b) Notification for a sub-project to a notified planned renovation project shall include all of the following:

1. The company project number for the planned renovation from the original planned renovation notification.

2. The sequential number of the asbestos sub-project conducted under the planned renovation project.

3. All other asbestos abatement activity information required under sub. (2).

Note: Department notification 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.

(6) Notification of revised or cancelled project.

(a) Whenever any information required under sub. (2) changes or when a project is cancelled, the asbestos company shall submit a revised notification to the department using a copy of the original notification with the following:

1. In the section labeled “notification type” on the notification form, either “cancellation” or “revision” checked and the number of the revision entered.

2. All revised information circled or highlighted.

(b) A notification of revision or cancellation shall be submitted as soon as the need for revision or cancellation is known, accompanied by the appropriate fee if required under sub. (8) (b).