Chapter DHS 159

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:

DHS 159.33(8)(a) (a) Procedures to follow in conducting visual inspections for friable and non-friable asbestos-containing material.

DHS 159.33(8)(b) (b) Types of building materials that may contain asbestos.

DHS 159.33(8)(c) (c) Touching materials to determine friability.

DHS 159.33(8)(d) (d) Open return air plenums and their importance in heating, ventilation and air conditioning systems.

DHS 159.33(8)(e) (e) Assessing damage, significant damage, potential damage and potential significant damage.

DHS 159.33(8)(f) (f) Amount of suspected asbestos-containing material, both in total quantity and as a percentage of the total area.

DHS 159.33(8)(g) (g) Type of damage to the asbestos-containing or suspect asbestos-containing material.

DHS 159.33(8)(h) (h) Accessibility of the material.

DHS 159.33(8)(i) (i) Potential for disturbance of the material.

DHS 159.33(8)(j) (j) Known or suspected causes of damage or significant damage.

DHS 159.33(8)(k) (k) Deterioration as an assessment factor.

DHS 159.33(8)(L) (L) Hands-on skills training and practice in of the following:

DHS 159.33(8)(L)1. 1. Procedures for visual inspections for friable and non-friable asbestos-containing material or suspect asbestos-containing material.

DHS 159.33(8)(L)2. 2. Assessing amount and types of damaged asbestos-containing or suspect asbestos-containing material.

DHS 159.33(8)(L)3. 3. Determining quantities of asbestos-containing material by size and percent of area.

DHS 159.33(8)(L)4. 4. Determining accessibility, potential for disturbance, causes of damage and deterioration of asbestos-containing material.

DHS 159.33(9) (9) Bulk sampling. Bulk sampling of suspect asbestos containing materials, including all of the following:

DHS 159.33(9)(a) (a) Detailed discussion of the EPA publication, “Simplified Sampling Scheme for Friable Surfacing Materials.”

DHS 159.33(9)(b) (b) Techniques to ensure sampling in a randomly distributed manner for other than friable surfacing materials.

DHS 159.33(9)(c) (c) Sampling of non-friable materials.

DHS 159.33(9)(d) (d) Techniques for bulk sampling.

DHS 159.33(9)(e) (e) Sampling and repair equipment.

DHS 159.33(9)(f) (f) Patching or repair of damage from sampling.

DHS 159.33(9)(g) (g) Discussion of polarized light microscopy.

DHS 159.33(9)(h) (h) Choosing an accredited laboratory to analyze bulk samples.

DHS 159.33(9)(i) (i) Quality control and quality assurance procedures.

DHS 159.33(9)(j) (j) Sample analysis recommended by EPA be performed by laboratories accredited by the National Institute of Standards and Technology’s (NIST) National Voluntary Laboratory Accreditation Program (NVLAP).

DHS 159.33(9)(k) (k) Hands-on skills training and practice in all of the following:

DHS 159.33(9)(k)1. 1. Determining homogeneous areas.