Chapter DHS 159

DHS 159.35(6)(h) (h) Components of a proper respiratory protection program and employer responsibilities.

DHS 159.35(6)(i) (i) Selection and use of disposable and non-disposable personal protective clothing.

DHS 159.35(6)(j) (j) Regulations covering personal protective equipment.

DHS 159.35(7) (7) Other safety hazards. Additional safety hazards encountered during abatement activities and how to deal with them, including all of the following:

DHS 159.35(7)(a) (a) Electrical hazards.

DHS 159.35(7)(b) (b) Heat stress.

DHS 159.35(7)(c) (c) Air contaminants other than asbestos.

DHS 159.35(7)(d) (d) Fire and explosion hazards.

DHS 159.35(7)(e) (e) Scaffold and ladder hazards.

DHS 159.35(7)(f) (f) Slips, trips and falls.

DHS 159.35(7)(g) (g) Confined spaces.

DHS 159.35(8) (8) Controlling airborne asbestos fibers. Fiber aerodynamics and control, including all of the following:

DHS 159.35(8)(a) (a) Aerodynamic characteristics of asbestos fibers.

DHS 159.35(8)(b) (b) Importance of proper containment barriers.

DHS 159.35(8)(c) (c) Settling time for asbestos fibers.

DHS 159.35(8)(d) (d) Wet methods in abatement.

DHS 159.35(8)(e) (e) Aggressive air monitoring following abatement.

DHS 159.35(8)(f) (f) Aggressive air movement and negative pressure exhaust ventilation as a clean-up method.

DHS 159.35(9) (9) Designing abatement solutions. Designing abatement projects, including a discussion of removal, enclosure and encapsulation methods and asbestos waste disposal.

DHS 159.35(10) (10) Occupied buildings. Designing asbestos abatement activities for occupied structures, including all of the following:

DHS 159.35(10)(a) (a) Special design procedures required in occupied structures.

DHS 159.35(10)(b) (b) Education of occupants.

DHS 159.35(10)(c) (c) Extra monitoring recommendations.

DHS 159.35(10)(d) (d) Staging of work to minimize occupant exposure.

DHS 159.35(10)(e) (e) Scheduling of renovation to minimize exposure.

DHS 159.35(11) (11) Final clearance. Final clearance process, including all of the following:

DHS 159.35(11)(a) (a) Discussion of the need for a written sampling rationale for aggressive final air clearance.

DHS 159.35(11)(b) (b) Requirements of a complete visual inspection.

DHS 159.35(11)(c) (c) The relationship of the visual inspection to final air clearance.

DHS 159.35(11)(d) (d) Recommended use of transmission electron microscopy in air clearance.

DHS 159.35(11)(e) (e) 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 159.35(12) (12) Cost estimation. Budgeting and cost estimation for asbestos management and abatement projects, including all of the following:

DHS 159.35(12)(a) (a) Developing cost estimates.

DHS 159.35(12)(b) (b) Present cost of abatement versus future operations and maintenance costs.

DHS 159.35(12)(c) (c) Setting priorities for abatement jobs to reduce cost.

DHS 159.35(13) (13) Abatement specifications. Writing abatement specifications, including all of the following:

DHS 159.35(13)(a) (a) Preparation of and the need for written project design.

DHS 159.35(13)(b) (b) Means and methods specifications versus performance specifications.

DHS 159.35(13)(c) (c) Design of abatement in occupied structures.

DHS 159.35(13)(d) (d) Modification of guide specifications for a particular structure.

DHS 159.35(13)(e) (e) Worker and occupant health and medical considerations.

DHS 159.35(13)(f) (f) Replacement of asbestos-containing materials with non-asbestos substitutes.

DHS 159.35(13)(g) (g) Hands-on skills training and practice to include: Developing a written abatement design and specifications for an occupied structure with a combination of friable and non-friable asbestos, including site considerations, containment, abatement methods, safety issues, clean-up and clearance.

DHS 159.35(14) (14) Abatement drawings. Preparing abatement drawings, including all of the following:

DHS 159.35(14)(a) (a) The significance and need for drawings.

DHS 159.35(14)(b) (b) Use of as-built drawings as base drawings.

DHS 159.35(14)(c) (c) Use of inspection photographs and on-site reports.

DHS 159.35(14)(d) (d) Methods of preparing abatement drawings.

DHS 159.35(14)(e) (e) Diagramming containment barriers.

DHS 159.35(14)(f) (f) Relationship of drawings to design specifications.

DHS 159.35(14)(g) (g) Particular problems related to abatement drawings.

DHS 159.35(15) (15) Contracts. Contract preparation and administration.

DHS 159.35(16) (16) Legal issues and insurance. Insurance and legal liabilities of project designers, including all of the following:

DHS 159.35(16)(a) (a) Liability, including tort, regulatory and contractual law.

DHS 159.35(16)(b) (b) Insurance considerations for the project designer including claims made and occurrence policies, comprehensive general liabilities policies, environmental and pollution liability policy coverage and exclusions, use of abatement contractor’s liability insurance, and hold harmless clauses.

DHS 159.35(16)(c) (c) Bonding issues.

DHS 159.35(17) (17) Role of other consultants. Roles other consultants may perform in developing and designing abatement projects, including the following:

DHS 159.35(17)(a) (a) The development of technical specifications sections by industrial hygienists or engineers.

DHS 159.35(17)(b) (b) The multidisciplinary team approach to abatement design.

DHS 159.35(18) (18) Regulations. Relevant federal, state and local regulatory requirements, including all of the following:

DHS 159.35(18)(a) (a) Requirements of TSCA (Toxic Substances Control Act) Title II (15 U.S.C. secs. 2643 and 2646).

DHS 159.35(18)(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 159.35(18)(c) (c) EPA Asbestos-Containing Materials in Schools (40 CFR 763, Subpart E).

DHS 159.35(18)(d) (d) EPA Worker Protection Rule (40 CFR 763, Subpart G).

DHS 159.35(18)(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 159.35(18)(f) (f) 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 159.35(18)(g) (g) Department of safety and professional services asbestos regulations for public sector employees under ch. SPS 332.

DHS 159.35(18)(h) (h) Department of natural resources regulations for the control of asbestos emissions under ch. NR 447.

DHS 159.35(18)(i) (i) Collection and transportation of asbestos waste under s. NR 502.06 (3).

DHS 159.35 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09; correction to numbering of (18) (i) made under s. 13.92 (4) (b) 1., Stats., Register February 2009 No. 638; correction in (18) (g) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

DHS 159.36 DHS 159.36 Curriculum requirements for refresher courses. Asbestos refresher training courses shall meet the required minimum classroom contact hours and shall include class discussions, learning exercises and activities such as case studies, hands-on skills training and practices as appropriate to the discipline, a written course test under s. DHS 159.22 (16) and time for the student to complete a department application for certification renewal. The asbestos refresher training course for a discipline shall be based on department-approved curricula and shall provide instruction and written materials that cover course topics for the discipline, as follows:

DHS 159.36(1) (1) Exterior asbestos supervisor refresher course. The course shall be at least 2 classroom contact hours in length and include the following:

DHS 159.36(1)(a) (a) Changes in regulations or technologies related to asbestos activities in general and exterior asbestos activities in particular.

DHS 159.36(1)(b) (b) In-depth review of one or more of the following topics:

DHS 159.36(1)(b)1. 1. Proper work practices for exterior asbestos abatement projects.

DHS 159.36(1)(b)2. 2. Worker safety and occupant protection considerations.

DHS 159.36(1)(b)3. 3. Review and discussion of federal and state rules, regulations and guidance related to exterior asbestos abatement, recent court cases, and news articles related to asbestos and the asbestos industry.

DHS 159.36(1)(b)4. 4. Records, forms and documentation for exterior asbestos abatement, such as project notifications, occupant protection plans, project logs, contracts and recordkeeping requirements.

DHS 159.36(2) (2) Asbestos worker refresher course. The course shall be one training day in length and include the following:

DHS 159.36(2)(a) (a) Review of the key topics covered in the asbestos worker initial course.

DHS 159.36(2)(b) (b) Overview of current worker safety practice relating to asbestos abatement.

DHS 159.36(2)(c) (c) Review and discussion of federal and state rules, regulations and guidance related to asbestos abatement, recent court cases, and news articles related to asbestos and the asbestos industry.

DHS 159.36(2)(d) (d) Current state-of-the-art procedures and technologies for asbestos abatement, including hands-on instruction.

DHS 159.36(2)(e) (e) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Worker Initial Course.

DHS 159.36(3) (3) Asbestos supervisor refresher course. The course shall be one training day in length and include the following:

DHS 159.36(3)(a) (a) Review of the key topics covered in the asbestos supervisor initial course.

DHS 159.36(3)(b) (b) Overview of current worker safety and occupant protection practice relating to asbestos abatement.

DHS 159.36(3)(c) (c) Review and discussion of federal and state rules, regulations and guidance related to asbestos abatement, recent court cases, and news articles related to asbestos and the asbestos industry.

DHS 159.36(3)(d) (d) Current state-of-the-art procedures and technologies for asbestos abatement, including hands-on instruction.