Chapter DHS 159

DHS 159.22 Note Note: Training providers may download Wisconsin certification information including a student’s name, address, certification discipline, certification expiration date, and training due date from the department asbestos database, or may require a certification card or most recent training certificate from out-of-state students. This information can be used to determine student eligibility to take refresher training. If no information can be found through these means, the provider may contact the department for assistance.

DHS 159.22(8) (8) Student attendance documentation. The training provider shall require each student to sign in on a daily attendance record at the beginning of each training day and after each lunch break.

DHS 159.22(9) (9) Class length. A training day shall be at least 6 classroom contact hours but not more than 8 classroom contact hours, not including lunch and breaks. Once instruction has begun, a course shall be completed within a continuous 30-day period.

DHS 159.22(10) (10) Course agenda. The training provider shall provide each student a written agenda for the course that describes the following class schedule information:

DHS 159.22(10)(a) (a) Start and end times for each day of training.

DHS 159.22(10)(b) (b) Each major topic area as provided under ss. DHS 159.29 to 159.36.

DHS 159.22(10)(c) (c) Each hands-on training segment required for the course under ss. DHS 159.29 to 159.36.

DHS 159.22(10)(d) (d) Class time of at least 15 minutes for the student to complete the department certification application form.

DHS 159.22(10)(e) (e) Break and lunch periods.

DHS 159.22(11) (11) Training resources and facilities. The curriculum approved by the department under subch. IV shall be used to teach the course and shall be revised as new information or regulations apply. Up-to-date equipment and materials for the course shall be readily available to the instructor and maintained in proper working condition. The training provider shall provide sufficient and appropriate space for classroom and hands-on instruction, seating and table or desk space for all students, appropriate lighting, and an environment conducive to learning and free of distractions.

DHS 159.22(12) (12) Instructors. The training provider shall assign a principal instructor approved under subch. V to conduct a training course. Any other person teaching a portion of a training course shall be either a department-approved principal instructor or a designated guest instructor under s. DHS 159.42.

DHS 159.22(12)(a) (a) The assigned principal instructor shall be responsible for the following:

DHS 159.22(12)(a)1. 1. Organizing, teaching, supervising other instructors and remaining readily available onsite.

DHS 159.22(12)(a)2. 2. Ensuring that student manuals and materials are available for each student.

DHS 159.22(12)(a)3. 3. Ensuring that required training equipment is available and in good working order.

DHS 159.22(12)(a)4. 4. Reviewing student identification, taking student photographs, and completing student attendance sign in records.

DHS 159.22(12)(a)5. 5. Managing the classroom, ensuring that all students are actively involved in classroom and hands-on learning activities, and monitoring and coaching student skill-building activities.

DHS 159.22(12)(a)6. 6. Administering the course test, monitoring the students taking the course test and ensuring exam security.

DHS 159.22(12)(b) (b) A principal instructor shall not teach or supervise concurrently held training courses.

DHS 159.22(12)(c) (c) A designated guest instructor may assist the principal instructor to teach hands-on skills or may provide classroom instruction in one or more topical areas of the course if qualified by education or experience in each topic area and under supervision by the principal instructor.

DHS 159.22(12)(d) (d) The department may limit the student-to-instructor ratio allowed for classes managed by a principal instructor, or require a second principal instructor to participate in the class, if the first principal instructor fails to meet classroom responsibilities under this section as determined by a class audit conducted by the department.

DHS 159.22(13) (13) Teaching methods. Teaching methods shall be designed to meet the curriculum requirements under ss. DHS 159.29 to 159.36 and shall support the course learning goals and objectives. The training provider shall ensure that each training class uses a variety of teaching methods, including methods that require active student participation. Teaching methods shall include a combination of lectures, discussions, interactive learning activities, demonstrations, and hands-on skills practice. Hands-on training shall give students actual experience performing tasks or simulated tasks associated with the asbestos discipline.

DHS 159.22(14) (14) Instructor manual. The training provider shall ensure that each principal instructor has the instructor manual approved by the department under subch. IV for each training course the instructor teaches, which includes all of the following:

DHS 159.22(14)(a) (a) A teaching outline, teaching methods, detailed training and activity instructions, timeframes for each learning activity and each topic area required under ss. DHS 159.29 to 159.36.

DHS 159.22(14)(b) (b) Audio-visual materials used for each topic, including copies of electronic presentations and titles and descriptions of all video, film, slide or other types of audio-visual material.

DHS 159.22(14)(c) (c) A description of the interactive training exercises used in the course that meet the applicable curriculum requirements for the course under ss. DHS 159.29 to 159.36, including student learning objectives, teaching instructions and timeframes for each exercise.

DHS 159.22(14)(d) (d) A description of the hands-on skills training exercises in the course curriculum as required under ss. DHS 159.29 to 159.36, including student learning objectives, teaching instructions and step-by-step skill instructions for students, a list of required materials and equipment, and timeframes for each hands-on skill training exercise.

DHS 159.22(15) (15) Student manual. The training provider shall provide each student with the student manual or other written materials approved by the department under subch. IV for the course and shall provide copies of all relevant regulations, including a copy of ch. DHS 159, for student use during the course.

DHS 159.22(16) (16) Course tests. The training provider shall maintain the validity, security, and integrity of each course test and answer key to ensure that the test accurately evaluates a student’s knowledge and skills and that only course tests that have been approved by the department under subch. IV are administered. The training provider shall ensure that only the full course test is administered and not a portion of the course test and that a principal instructor is physically present and monitors each administered course test. The training provider and principal instructor shall guard against cheating, allow no talking or sharing of information in any way amongst students during the test, and shall not coach students on the test questions before or during the test. Course tests shall be administered as follows:

DHS 159.22(16)(a) (a) Test questions. A training course shall include a written, closed-book course test that covers course topics, reflects the learning goals and objectives of the training course, and consists of the following number of multiple-choice questions:

DHS 159.22(16)(a)1. 1. For an exterior asbestos worker course, 25 multiple-choice questions.

DHS 159.22(16)(a)2. 2. For an initial exterior asbestos supervisor course, 25 multiple-choice questions.

DHS 159.22(16)(a)3. 3. For an initial asbestos worker course, asbestos inspector course or asbestos management planner course, 50 multiple-choice questions.

DHS 159.22(16)(a)4. 4. For an initial asbestos supervisor course or project designer course, 100 multiple-choice questions.

DHS 159.22(16)(a)5. 5. For any refresher course, 25 multiple-choice questions.

DHS 159.22(16)(b) (b) Minimum passing score. The minimum passing score on a course test shall be correct answers to 70% of the total number of questions. The number of correct answers required for a passing score shall be rounded up to the nearest whole number when 70% falls between two whole numbers.

DHS 159.22(16)(c) (c) Test retakes. A student who fails a course test may retake the course test. A course test may not be taken more than once in a 24 hour period and the student shall retake the test in its entirety. A student who fails to pass the course test within 30 days after the first attempt, or after three attempts, whichever occurs first, shall retake the course before again taking the course test.

DHS 159.22(17) (17) Issuance of training certificate. The training provider shall issue a training certificate to the student after examining the student’s identification as required under sub. (7) and after the student completes all course requirements. Each training certificate issued shall include all the following:

DHS 159.22(17)(a) (a) A unique certificate number.

DHS 159.22(17)(b) (b) The date the certificate is issued, which shall be no earlier than the day the student passes the course test.

DHS 159.22(17)(c) (c) The course discipline and whether the course is an initial course or a refresher course.

DHS 159.22(17)(d) (d) The student’s full name, which shall be as it appears on the student’s official identification under sub. (7).

DHS 159.22(17)(e) (e) A clearly identifiable passport style, color picture of the student’s face with no hat or dark glasses, which is no smaller than 1.5 inches by 1.5 inches.

DHS 159.22(17)(f) (f) The course dates, including start and end dates for single or consecutive day courses, and each date of training for courses conducted on nonconsecutive dates.

DHS 159.22(17)(g) (g) A statement that the student passed the course test.

DHS 159.22(17)(h) (h) The date the student passed the course test.

DHS 159.22(17)(i) (i) The name, address and telephone number of the training provider as the information appears on the application for accreditation or is later changed by notification to the department under s. DHS 159.19 (2).

DHS 159.22(17)(j) (j) The printed name and original signature written in blue ink, of the person issuing the certificate, which shall be an authorized representative of the asbestos company or the course principal instructor.

DHS 159.22(17)(k) (k) The following statement: “This training course complies with the requirements of TSCA Title II and is accredited by the State of Wisconsin, Department of Health Services under ch. DHS 159, Wis. Admin. Code,” except that certificates for the exterior asbestos supervisor and exterior asbestos worker disciplines shall include 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 159, Wis. Admin. Code.”

DHS 159.22(17)(L) (L) The location of the class given as a street address, city, and state.

DHS 159.22(17)(m) (m) A training certificate expiration date that is one year after the date of the last day of class.

DHS 159.22(18) (18) Submission of class and student data. The training provider shall submit the following information to the department electronically or by another means approved by the department within 5 working days after the completion of a training course:

DHS 159.22(18)(a) (a) Class information. The name of the course and whether the course was an initial or refresher, the class beginning and ending dates, the principal instructor’s name, and the city and location of the class.

DHS 159.22(18)(b) (b) Student data. The training provider shall provide student information for all persons attending the course, including any student who does not complete all course requirements. For each student attending the course, the following information shall be provided as applicable:

DHS 159.22(18)(b)1. 1. The student’s full name as it appears on the student’s official identification, and current address.

DHS 159.22(18)(b)2. 2. The student’s date of birth as given on the student’s identification.

DHS 159.22(18)(b)3. 3. The student’s course test score. The training provider shall provide passing and failing test scores. If a student passes the course test on a date other than the last day of the class, the training provider shall provide the date the student passes the course test.

DHS 159.22(18)(b)4. 4. The student’s unique training certificate number as it appears on the training certificate.

DHS 159.22(18)(b)5. 5. The date the training certificate was issued to the student.

DHS 159.22(18)(b)6. 6. The photograph of the student.

DHS 159.22 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09; reprinted to correct printing error in (18) (intro.) Register August 2009 No. 644.

subch. IV of ch. DHS 159 Subchapter IV — Requirements for Training Course Accreditation

DHS 159.23 DHS 159.23 Training course accreditation requirements.

DHS 159.23(1) (1) No person may conduct, advertise, offer, or claim to provide an initial or refresher training course that prepares an individual for certification under subch. II unless the person holds certification under subch. III as an asbestos company and the training course is accredited by the department. Accreditation is required for each distinct training course.

DHS 159.23(2) (2) The department shall accredit asbestos training courses in the following disciplines:

DHS 159.23(2)(a) (a) Asbestos supervisor initial and refresher courses.

DHS 159.23(2)(b) (b) Asbestos worker initial and refresher courses.

DHS 159.23(2)(c) (c) Asbestos worker initial and refresher courses conducted in a language other than English.

DHS 159.23(2)(d) (d) Asbestos inspector initial and refresher courses.

DHS 159.23(2)(e) (e) Asbestos management planner initial and refresher courses.

DHS 159.23(2)(f) (f) Asbestos project designer initial and refresher courses.

DHS 159.23(2)(g) (g) Exterior asbestos supervisor initial and refresher courses.

DHS 159.23(2)(h) (h) Exterior asbestos worker course.

DHS 159.23(2)(i) (i) Exterior asbestos worker course conducted in a language other than English.

DHS 159.23(3) (3) A course application that meets the requirements for accreditation under this subchapter shall be granted contingent accreditation, which allows a person to offer and conduct the course pending a full onsite training course audit to determine if the course qualifies for full accreditation.

DHS 159.23 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.24 DHS 159.24 Application requirements for contingent accreditation. Separate application is required for each course for which accreditation is requested. Application for original accreditation of a training course, or for accreditation of a course for which accreditation has been expired for 12 months or longer, shall be submitted to the department on an application form obtained from the department and shall include all of the following application materials:

DHS 159.24(1) (1) Application form. The fully and accurately completed department application form signed and dated by the applicant.

DHS 159.24(2) (2) Fees. The accreditation fees required under s. DHS 159.26 (1) for the training course discipline.

DHS 159.24(3) (3) Previous accreditation certificates. Documentation of training course accreditation if the training course has been previously accredited by the EPA or by a state.

DHS 159.24(4) (4) Asbestos company application. An application for certification as an asbestos company under subch. III if the applicant is not already certified as an asbestos company.

DHS 159.24(5) (5) Course description and materials. The complete course description, information and materials, as follows:

DHS 159.24(5)(a) (a) Training resources. A written description of the training resources that will be provided for the course, including a description of all of the following:

DHS 159.24(5)(a)1. 1. The classroom space and set-up for lecture and hands-on training and training sites for field trips.

DHS 159.24(5)(a)2. 2. Training supplies and equipment for demonstration and hands-on activities.

DHS 159.24(5)(a)3. 3. Audiovisual equipment, computer software and any other classroom technology.

DHS 159.24(5)(b) (b) Principal instructor. The name of at least one department-approved principal instructor who will teach the course, or an application for principal instructor approval under subch. V.

DHS 159.24(5)(c) (c) Record keeping. A written description of record keeping administered under s. DHS 159.19 (7) (b) that includes all the following:

DHS 159.24(5)(c)1. 1. The types of records kept and for what lengths of time.