Chapter DHS 159

DHS 159.21(3)(f) (f) A description of any clearance activities that will be conducted.

DHS 159.21 Note Note: Occupant protection 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 159.21(4) (4) Worker supervision. The asbestos company shall ensure that each asbestos worker conducting asbestos abatement activities has direct onsite supervision by an asbestos supervisor certified under this chapter and that each exterior asbestos worker conducting asbestos abatement activities has direct onsite supervision by an asbestos supervisor or exterior asbestos supervisor certified under this chapter.

DHS 159.21(5) (5) Verification of worker certification status. The asbestos company shall verify that each individual who conducts or supervises an asbestos abatement or asbestos management activity for the company is certified in the appropriate discipline required for the activity.

DHS 159.21(6) (6) Supervisor authority. The asbestos supervisor or exterior asbestos supervisor shall have the authority to shut down an asbestos abatement activity or take other prompt corrective measures to eliminate asbestos hazards and to ensure compliance with asbestos regulations.

DHS 159.21 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09; correction in (1) (a) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

DHS 159.22 DHS 159.22 Responsibilities when providing an accredited training course. An asbestos company that is a training provider shall ensure compliance with all of the following:

DHS 159.22(1) (1) Course advertising. Advertisement for a training course shall include the name and address of the training provider as it appears on the application for training course accreditation submitted to the department, or as later changed by notification to the department.

DHS 159.22(2) (2) Course changes. The training provider shall submit proposed course changes to training course curriculum, including student manuals, instructor manuals, audiovisual materials and course tests, to the department for review and approval before implementing such changes in a class.

DHS 159.22(3) (3) Transfer of course ownership. A training provider may transfer ownership of an accredited training course if the transfer is requested by the training provider and the person to whom the course is being transferred, and a transfer fee of $50 is paid to the department.

DHS 159.22(4) (4) Disposition of training records. The training provider, upon closing its business or ceasing to offer an accredited training course, shall give the department an opportunity to take possession of relevant training records.

DHS 159.22 Note Note: Submit changes to Asbestos and Lead Unit: 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659; (fax) 608-266-9711; [e-mail].

DHS 159.22(5) (5) Quality control. To ensure that training courses, principal instructors and guest instructors remain in compliance with this chapter, the training provider shall implement a quality control plan that includes the following:

DHS 159.22(5)(a) (a) Annual review and update, as needed, of training materials and course tests.

DHS 159.22(5)(b) (b) Annual compilation and review of student-completed course evaluation forms with course improvements made to address student concerns.

DHS 159.22(6) (6) Class schedule notification.

DHS 159.22(6)(a) (a) Submittal requirements. The training provider shall submit class schedule notification using the department online database at least 10 working days before the class starting date. If a temporary computer problem prevents use of the Internet to submit class schedule notification, the training provider shall notify the department by email, fax, or telephone using a form obtained from the department. The class schedule notification shall include all of the following:

DHS 159.22(6)(a)1. 1. The name of the training provider.

DHS 159.22(6)(a)2. 2. The course discipline and whether it is an initial or refresher course.

DHS 159.22(6)(a)3. 3. The class location, including city, street address, and building name and room number if applicable.

DHS 159.22(6)(a)4. 4. The class start and end dates.

DHS 159.22(6)(a)5. 5. The class daily start and end times.

DHS 159.22(6)(a)6. 6. The name of the principal instructor.

DHS 159.22 Note Note: Instructions for completing the course schedule notification form on the Internet may be obtained from the Asbestos and Lead Unit at [e-mail] or 608-261-6876.

DHS 159.22 Note Note: To submit class schedule notification when Internet submittal is not available: 608-261-6876, [e-mail]; (fax) 608-266-9711.

DHS 159.22 Note Note: Class schedule notification forms for use only if Internet access is interrupted may be obtained from the Asbestos and Lead Unit at 608-261-6876 or fax [phone].

DHS 159.22(6)(b) (b) Department approval for a class scheduled less than 10 days in advance. The training provider shall contact the department by telephone and obtain verbal approval before scheduling a class less than 10 days in advance. The department may grant or deny approval at its discretion.

DHS 159.22(6)(c) (c) Class change or cancellation. Whenever any required class notification information changes or when a training class is cancelled, the training provider shall revise the online class schedule notification form. When the change or cancellation is made less than 10 working days before the scheduled class starting date, the provider shall also notify the department by telephone as soon as the need for revision or cancellation is known.

DHS 159.22 Note Note: To notify the department about a class scheduled with less than 10 working days notification or to advise the department of a revision to a class notification, contact the Asbestos and Lead Unit by telephone at 608-261-6876.

DHS 159.22(7) (7) Student admissions. Before admitting a student into a class, the training provider shall do the following:

DHS 159.22(7)(a) (a) Verify student age. Verify that each student is at least 18 years of age or will attain 18 years of age no later than 12 months after completing training.

DHS 159.22(7)(b) (b) Examine student identification. Examine at least one form of official photo identification. The training provider shall also verify that the individual who presents identification bears a reasonable likeness to the photograph. The following forms of photo identification may be accepted:

DHS 159.22(7)(b)1. 1. Driver’s license.

DHS 159.22(7)(b)2. 2. Identification card issued by the U.S. military, or a federal, state, local, or tribal agency.

DHS 159.22(7)(b)3. 3. U.S. and foreign issued passports.

DHS 159.22(7)(b)4. 4. Permanent resident alien card.

DHS 159.22(7)(c) (c) Document student identification. Record the type of identification examined, the name of the issuing agency, the identification number, the student’s full name as it appears on the identification, and the student’s date of birth.

DHS 159.22(7)(d) (d) Photograph student. Take a digital, color photograph of the student for inclusion on the training certificate issued under sub. (17) and submittal to the department with the training class student data required under sub. (18). The photograph shall be a clear, passport-style, shot of the student’s face and upper torso. The student may not be permitted to wear any hat, dark glasses, or other item that obstructs the view of the student’s hair and facial features when the photograph is being taken. A copy of the student photograph shall be saved electronically and the filename shall include the student’s first and last name.

DHS 159.22(7)(e) (e) Determine student competency in the language of class instruction. Admit only students who demonstrate the ability to successfully complete course requirements in the language of instruction. The training provider shall have procedures for prescreening language competency when a registered student’s ability to read and communicate in the language of instruction is in doubt. An accredited training course shall be taught entirely in the language in which it was accredited and interpreters, other than sign language interpreters, may not be used.

DHS 159.22(7)(f) (f) Determine eligibility for refresher training. Verify that the student is eligible to attend the refresher course before admitting the student into a refresher class by one of the following means:

DHS 159.22(7)(f)1. 1. Asking the student to produce the student’s certification card for the discipline that is valid or has been expired for less than 12 months.

DHS 159.22(7)(f)2. 2. Reviewing the student’s training history in the training provider’s student database or files to verify training in the discipline within the last 24 months.

DHS 159.22(7)(f)3. 3. Asking the student to produce the student’s most recent training certificate in the discipline to verify training within the last 24 months.

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.