Wisconsin Legislature: DHS 159.28(2)(a)

DHS 159.27 Department decisions on training course accreditation and renewal of accreditation.

(1) Contingent accreditation. Accreditation for a training course that has not been previously accredited or for a course for which accreditation has been expired for 12 months or more shall be contingent accreditation pending a successful on-site audit of the course that determines the course qualifies for full accreditation. The department shall make a decision on an application for contingent accreditation as follows:

(a) Incomplete application.

1. Within 15 calendar days after receiving an incomplete application for training course accreditation, the department shall provide instructions to the applicant regarding what action the applicant must take to complete the application. The department may require the applicant to submit a $25 processing fee when the department must obtain additional information due to an incomplete application.

2. If a complete application is not received by the department within 60 days after the department first receives the application, the application is void. For a training course to be reconsidered for accreditation, the applicant shall submit a new complete application, including the required fees, to the department.

(b) Complete application. Within 90 calendar days after receiving a complete application for training course accreditation, the department shall review the application and accompanying materials and do one of the following:

1. Grant contingent accreditation. If the department determines that the training course as described in written materials is in compliance with this chapter and meets the requirements for accreditation, the department shall issue the applicant a certificate of contingent accreditation.

2. Require changes. If the department determines that the training course as described in written materials is not in compliance with this chapter and does not meet the requirements for accreditation, the department may inform the applicant in writing of any changes required to course documentation or structure. The department shall review changes received from the applicant within 60 days after receipt. If the required changes to course documentation or structure are not received by the department within 60 days after the department sends written instructions to the applicant, the application is void. For a training course to be reconsidered for accreditation, the applicant shall submit a new application, including the required fees, to the department.

3. Deny contingent accreditation. If the department determines that the training course as described in written materials is not in compliance with this chapter and does not meet the requirements for accreditation, the department may deny contingent accreditation and shall provide the applicant with written notification of the reason for denial and appeal rights under subch. VI.

(c) Number of renewals allowed for contingent accreditation. The department may renew contingent course accreditation a maximum of 2 times.

(2) Full accreditation. The department shall conduct an onsite in-state audit of a training course that has been granted contingent accreditation to determine whether the training course as delivered meets the training course requirements of this chapter. Based on the results of the audit, the department shall take one of the following actions:

(a) Grant full accreditation. If the department determines that the training course is in compliance with this chapter and meets the requirements for full accreditation the department shall issue the training provider a certificate of full accreditation to replace the certificate of contingent accreditation. The course expiration date shall remain the same.

(b) Continue contingent accreditation. If the department determines that the training course is not in compliance with this chapter and does not meet the requirements for full accreditation, the department may allow contingent accreditation to remain in effect to allow the training provider to bring the course into compliance.

(c) Suspend or revoke accreditation. If the department determines that the training course is not in compliance with this chapter the department may suspend or revoke the course contingent accreditation and shall provide the applicant with written notification of the reason for suspension or revocation and appeal rights under subch. VI.

(3) Compliance audits. In addition to audits conducted to determine full accreditation, the department may conduct onsite audits of any accredited training course to determine compliance with this chapter.

(4) Conduct of audits. A training provider, instructor or other provider representative may not deny department representatives entry to a training class or place of business to conduct an audit.

(a) An audit may review any of the following:

1. Records.

2. Facilities.

3. Instructional curriculum.

4. Classroom instruction.

5. Classroom and time management.

6. Course test administration and security procedures.

(b) The department may require a training provider to submit to the department records required under s. DHS 159.19 (7) (b) for purposes of determining compliance.

(c) Within 60 calendar days after completing an audit, the department shall notify the training provider in writing of the audit results.

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

DHS 159.28 Training course accreditation effective dates and expiration dates.

(1) Effective dates. Original or renewed course accreditation is effective on the date the department issues the accreditation certificate.

(2) Expiration dates. Course accreditation expires as follows.

(a) Except as provided under par. (c), original course accreditation expires one year after the course accreditation issue date.

(b) Except as provided under par. (c), renewed accreditation expires as follows:

1. When an application for accreditation renewal is submitted to the department before the current course accreditation expiration date, the renewed course accreditation expires one year from the date the current course accreditation expires.

2. When an application for accreditation renewal is submitted to the department within 12 months after the course accreditation expiration date the renewed course accreditation expires one year after the renewal issue date.

(3) Expired accreditation.

(a) To obtain accreditation for a course that has been expired for more than 12 months, the training provider shall submit application for contingent accreditation under s. DHS 159.24.

(b) A training provider may not conduct a training course if accreditation for the course is expired.

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

DHS 159.29 Curriculum requirements for exterior asbestos worker course. The training course for the exterior asbestos worker discipline shall be one training day in length. Course instruction shall include: lecture, supplemented with audiovisual materials, and learning exercises and activities; at least 3 hours of hands-on skills training and practice; course review with time to answer questions; a written course test that meets requirements under s. DHS 159.22 (16); and time to assist students to complete the department application for certification. Course instruction for the exterior asbestos worker discipline shall address all of the following topics:

(1) Asbestos characteristics. The physical characteristics of asbestos, including all of the following:

(a) Identification of asbestos.

(b) Aerodynamic characteristics.

(d) Typical asbestos uses on the exterior of structures including NESHAP category I and II non-friable asbestos-containing material (e.g., built-up roofing materials, cementitious roofing materials, cementitious siding materials) and incidental asbestos-containing exterior building products.

(e) Overview of abatement control options.

(2) Health effects. Potential health effects related to asbestos exposure, including all of the following:

(a) The nature of asbestos-related diseases.

(b) Dose-response relationship and lack of a safe exposure level.

(d) Routes of exposure.

(e) Latency period of asbestos-related diseases.

(f) Relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancers of other organs.

(3) Personal protective equipment. The use of personal protective equipment, including all of the following:

(a) Classes and characteristics of respirators, including respirator protection factors.

(b) Limitations of respirators.

(d) Selection of cartridges.

(e) Methods for field testing of the face piece-to-face seal, including positive and negative pressure fit checks.

(f) Qualitative and quantitative fit testing procedures.

(g) Variability between field and laboratory protection and factors that alter respirator fit, such as facial hair.

(h) Components of a proper respiratory protection program and employer responsibilities.

(i) Selection and use of disposable and non-disposable personal protective clothing.

(j) Regulations covering personal protective equipment.

(k) A demonstration of donning, fit checking and fit testing.

(L) Hands-on skills training and practice in the following:

1. Selecting proper respirators and cartridges.

2. Inspecting, disassembling, cleaning and assembling half-face respirators.

3. Donning and doffing personal protective clothing.

(4) Medical monitoring. Medical monitoring, including worker protection requirements under OSHA and EPA for physical examinations, pulmonary function test, chest e-rays and medical history for each employee.

(5) Exterior abatement work practices. State-of-the-art work practices for exterior abatement projects, including all of the following:

(a) Proper construction and maintenance of regulated areas.

(b) Positioning of warning signs.

(d) Proper working techniques for minimizing fiber release.

(e) Use of wet methods.

(f) Use of HEPA vacuums.

(g) Proper clean-up and disposal procedures.

(h) Work practices for removal, enclosure and repair of asbestos-containing material.

(i) Emergency procedures for sudden releases.

(j) Potential exposure issues.

(k) Transport and disposal procedures.

(L) Recommended and prohibited work practices.

(m) Controlling for possible impact of roofing and siding activities on interior asbestos-containing materials.

(n) Proper use of power equipment and other tools.

(o) Proper waste handling and disposal, including systems for lowering roofing and siding materials to minimize breakage.

(p) Decontamination requirements.

(q) Hands-on skills training and practice in the following:

1. Establishing regulated areas.

2. Positioning warning signs.