Chapter DHS 159

DHS 159.32(8)(e) (e) Calibration techniques, primary calibration standards, secondary calibration standards, temperature and pressure effects, and frequency of calibration, record keeping and field work documentation and calculations.

DHS 159.32(8)(f) (f) AHERA air sampling analysis using phase contrast microscopy and transmission electron microscopy and their limitations including cassette overload and their ability to identify asbestos structures.

DHS 159.32(8)(g) (g) AHERA and OSHA air sampling requirements.

DHS 159.32(8)(g)1. 1. Sampling strategies, types of air samples (personal breathing zone versus fixed-station area) sampling location and objectives (pre-abatement, abatement, perimeter, and clearance sampling), number of samples to be collected, minimum and maximum air volumes.

DHS 159.32(8)(g)2. 2. Clearance monitoring, including post visual inspection, number of samples required, selection of sampling locations, period of sampling, aggressive sampling, interpretations of sampling results, and calculations.

DHS 159.32(8)(g)3. 3. Quality assurance plan including field blanks.

DHS 159.32(8)(g)4. 4. Sample analysis by laboratories accredited by the National Institute of Standards and Technology’s (NIST) National Voluntary Laboratory Accreditation Program (NVLAP).

DHS 159.32(8)(h) (h) Special sampling problems including crawl spaces and multiple contractor sites.

DHS 159.32(8)(i) (i) Hands-on skills training and practice in the following:

DHS 159.32(8)(i)1. 1. Air sampling equipment selection and set-up for area and personal air monitoring.

DHS 159.32(8)(i)2. 2. Calibration of air monitoring equipment including primary and secondary standards.

DHS 159.32(8)(i)3. 3. Determining number, locations and length of time for sampling.

DHS 159.32(8)(i)4. 4. Completing a chain of custody form for air samples.

DHS 159.32(8)(i)5. 5. Interpreting personal, area and clearance air sampling results.

DHS 159.32(9) (9) Asbestos regulations. Asbestos-related regulations for supervisors, including all of the following:

DHS 159.32(9)(a) (a) Requirements of TSCA (Toxic Substances Control Act) Title II (15 U.S.C. secs. 2643 and 2646).

DHS 159.32(9)(b) (b) EPA National Emission Standards for Hazardous Air Pollutants (40 CFR part 61), Subparts A (General Provisions) and M (National Emission Standard for Asbestos).

DHS 159.32(9)(c) (c) EPA Asbestos-Containing Materials in Schools (40 CFR 763, Subpart E).

DHS 159.32(9)(d) (d) EPA Worker Protection Rule (40 CFR 763, Subpart G).

DHS 159.32(9)(e) (e) OSHA Asbestos Construction Standard (29 CFR 1926.1101), Hazard Communication Standard (29 CFR 1926.59), and Respiratory Protection (29 CFR 1910.134).

DHS 159.32(9)(f) (f) U.S. department of transportation requirements under 49 CFR Part 172, hazardous materials transportation standard.

DHS 159.32(9)(g) (g) Asbestos training, certification, provisional certification, and notification requirements and responsibilities under this chapter, including procedures for submitting certification applications and project notifications, and required fees.

DHS 159.32(9)(h) (h) Department of safety and professional services asbestos regulations for public sector employees under ch. SPS 332.

DHS 159.32(9)(i) (i) Department of natural resources regulations for the control of asbestos emissions under ch. NR 447.

DHS 159.32(9)(j) (j) Department of natural resources regulations for the collection and transportation of asbestos waste under s. NR 502.06 (3).

DHS 159.32(9)(k) (k) Hands-on skills training and practice in reading, finding information, and determining regulatory requirements of federal and state regulations.

DHS 159.32(10) (10) Insurance and liability. Insurance, bonding, legal liabilities and defenses, including all of the following:

DHS 159.32(10)(a) (a) Contractor issues regarding liability, including tort, regulatory and contractual.

DHS 159.32(10)(b) (b) Third-party liabilities and defenses.

DHS 159.32(10)(c) (c) Worker’s compensation coverage and exclusions.

DHS 159.32(10)(d) (d) Insurance coverage and exclusions, including claims-made and occurrence policies, comprehensive general liability policies, environmental and pollution liability policy coverage and exclusions, liability insurance requirements, and hold harmless clauses.

DHS 159.32(10)(e) (e) Bonding and the relationship between insurance availability and bond availability.

DHS 159.32(11) (11) Record keeping and project forms. Records, forms and documentation, including all of the following:

DHS 159.32(11)(a) (a) Records required by federal, state and local regulations.

DHS 159.32(11)(b) (b) Project notification, project logs and occupant protection plans for asbestos abatement activities.

DHS 159.32(11)(c) (c) Records recommended for legal and insurance purposes.

DHS 159.32(11)(d) (d) Hands-on skills training and practice for completing asbestos abatement project notification forms and occupant protection plans.

DHS 159.32(12) (12) Supervising asbestos activities. Activities addressed shall include all of the following:

DHS 159.32(12)(a) (a) Enforcing and reinforcing required work practices and discouraging unsafe work practices.

DHS 159.32(12)(b) (b) Supervisor responsibility for emergency planning.

DHS 159.32(12)(c) (c) Use of supervisory authority under this chapter, including stopping jobs.

DHS 159.32(12)(d) (d) Ensuring each employee on the jobsite has their appropriate certification.

DHS 159.32(12)(e) (e) Monitoring negative pressure enclosures and local exhaust ventilation systems.

DHS 159.32(12)(f) (f) Considerations when coordinating with other contractors on site.

DHS 159.32(13) (13) Contract specifications. Discussions of essential elements that may be included in contract specifications for asbestos abatement projects.

DHS 159.32 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09; correction in (9) (h) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

DHS 159.33 DHS 159.33 Curriculum requirements for asbestos inspector initial course. The initial training course for the asbestos inspector discipline shall be 3 training days in length. Course instruction shall include lecture supplemented by audiovisual materials, learning exercises and activities; at least 4 hours of hands-on skills training and practice; a field trip to practice inspection skills; course review with time to answer questions; a written course test that meets the requirements under s. DHS 159.22 (16); and time to assist students to complete the department application for certification. Course instruction for the asbestos inspector training course shall address all of the following:

DHS 159.33(1) (1) Asbestos characteristics. Physical characteristics of asbestos, including all of the following:

DHS 159.33(1)(a) (a) Identification of asbestos.

DHS 159.33(1)(b) (b) Aerodynamic characteristics.

DHS 159.33(1)(c) (c) Typical uses of asbestos-containing materials.

DHS 159.33(1)(d) (d) Physical appearance.

DHS 159.33(2) (2) Health effects. Potential health effects related to asbestos exposure, including all of the following:

DHS 159.33(2)(a) (a) The nature of asbestos-related diseases.

DHS 159.33(2)(b) (b) Routes of exposure.

DHS 159.33(2)(c) (c) Dose-response relationship and the lack of a safe exposure level.

DHS 159.33(2)(d) (d) Synergistic effect between cigarette smoking and asbestos exposure.

DHS 159.33(2)(e) (e) Latency periods for asbestos-related diseases.

DHS 159.33(2)(f) (f) Relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancers of other organs.

DHS 159.33(3) (3) Functions, qualifications and role of inspectors. The work of the asbestos inspector and qualifications for inspectors, including all of the following:

DHS 159.33(3)(a) (a) Discussion of prior experience and qualifications for inspectors and management planners.

DHS 159.33(3)(b) (b) Discussion of the functions of a certified inspector as compared to those of a certified management planner.

DHS 159.33(3)(c) (c) Discussion of inspection process including inventory of asbestos-containing materials and physical assessment.

DHS 159.33(4) (4) Insurance and liability. Insurance, bonding, legal liabilities and defenses, including all of the following:

DHS 159.33(4)(a) (a) Responsibilities of the inspector and management planner.

DHS 159.33(4)(b) (b) Issues regarding liability, including tort, regulatory and contractual law.

DHS 159.33(4)(c) (c) Third-party liabilities and defenses.

DHS 159.33(4)(d) (d) Insurance coverage and exclusions, including claims-made and occurrence policies, comprehensive general liability policies, environmental and pollution liability policy coverage and exclusions and hold harmless clauses, and liability insurance requirements.

DHS 159.33(4)(e) (e) Bonding and the relationship between insurance availability and bond availability.

DHS 159.33(5) (5) Building systems. Understanding the interrelationship of building systems and the uses of asbestos in and on these systems, including all of the following:

DHS 159.33(5)(a) (a) Overview of common building physical plan layouts.

DHS 159.33(5)(b) (b) Heat, ventilation and air conditioning system types, physical organization, and where asbestos is found on heating, ventilation and air conditioning components.

DHS 159.33(5)(c) (c) Building mechanical systems, their types and organization, and where to look for asbestos in these systems.

DHS 159.33(5)(d) (d) Inspecting electrical systems, including appropriate safety precautions.

DHS 159.33(5)(e) (e) Reading blueprints and as-built drawings.

DHS 159.33(6) (6) Public relations. Relations with the public, employees and occupants of structures, including all of the following:

DHS 159.33(6)(a) (a) Notifying employee organizations or other building occupants about the inspection.

DHS 159.33(6)(b) (b) Signs to warn building occupants.

DHS 159.33(6)(c) (c) Tact in dealing with occupants and the press.

DHS 159.33(6)(d) (d) Scheduling of inspections to minimize disruption.

DHS 159.33(6)(e) (e) Education of occupants about actions being taken.

DHS 159.33(7) (7) Pre-inspection planning. Planning the inspection and review of previous inspection records, including all of the following:

DHS 159.33(7)(a) (a) Scheduling the inspection and obtaining access.

DHS 159.33(7)(b) (b) Building record review.

DHS 159.33(7)(c) (c) Identification of probable homogeneous areas from blueprints or as-built drawings.

DHS 159.33(7)(d) (d) Consultation with maintenance or building personnel.

DHS 159.33(7)(e) (e) Review of previous inspection, sampling and abatement records of a building.

DHS 159.33(7)(f) (f) The role of the inspector in exclusions for previously conducted inspections.

DHS 159.33(8) (8) Inspection work practices and processes. Inspecting for friable and non-friable asbestos-containing material and assessing the condition of friable asbestos-containing material, including all of the following: