Chapter DHS 159

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.

DHS 159.36(3)(e) (e) Records, forms and documentation required for asbestos abatement, such as project notifications, occupant protection plans, project logs, contracts and recordkeeping requirements.

DHS 159.36(3)(f) (f) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Supervisor Initial Course.

DHS 159.36(4) (4) Asbestos inspector refresher course. The course shall be one-half training day in length and include the following:

DHS 159.36(4)(a) (a) Review of the key topics covered in the asbestos inspector initial course.

DHS 159.36(4)(b) (b) Review and discussion of federal and state rules, regulations and guidance related to asbestos inspection activities, recent court cases, and news articles related to asbestos and the asbestos industry.

DHS 159.36(4)(c) (c) State-of-the-art procedures and technologies for asbestos inspections.

DHS 159.36(4)(d) (d) Records, forms and reporting required for asbestos inspections, such as laboratory chain of custody forms, inspection reports and recordkeeping requirements.

DHS 159.36(4)(e) (e) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Inspector Initial Course.

DHS 159.36(5) (5) Asbestos management planner refresher course. The course shall be one-half training day in length and include the following:

DHS 159.36(5)(a) (a) Review of the key topics covered in the asbestos management planner initial course.

DHS 159.36(5)(b) (b) Review and discussion of federal and state rules, regulations and guidance related to school asbestos activities and management plans.

DHS 159.36(5)(c) (c) State-of-the-art procedures and technologies relating to asbestos activities in general and asbestos inspection in particular.

DHS 159.36(5)(d) (d) Records and reporting required for asbestos management planning, such as previous inspections and abatement reports, the management plan report and recordkeeping requirements.

DHS 159.36(5)(e) (e) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Management Planner Initial Course.

DHS 159.36(6) (6) Asbestos project designer refresher course. The course shall be one training day in length and include the following:

DHS 159.36(6)(a) (a) Review of the key topics covered in the asbestos project designer initial course.

DHS 159.36(6)(b) (b) Overview of current safety practices relating to asbestos activities.

DHS 159.36(6)(c) (c) Review and discussion of federal and state rules, regulations and guidance related to designing, conducting and monitoring asbestos abatement activities; recent court cases; and news articles related to asbestos and the asbestos industry.

DHS 159.36(6)(d) (d) State-of-the-art procedures and technologies relating to asbestos abatement activities.

DHS 159.36(6)(e) (e) Records and reporting required for asbestos project designing, such as previous inspections and abatement reports, building blueprints and as-built drawings, the project design and job specifications.

DHS 159.36(6)(f) (f) Hands-on skills training and practice in one or more of the activities listed in the Asbestos Project Designer Initial Course.

DHS 159.36 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

subch. V of ch. DHS 159 Subchapter V — Training Course Instructors

DHS 159.37 DHS 159.37 Approval requirements for principal instructor. Except as provided in s. DHS 159.42, no person may instruct, supervise or offer to instruct or supervise, an accredited asbestos training course unless the individual is approved by the department as a principal instructor for the course discipline. To be eligible for approval as a principal instructor, an applicant shall meet the following qualifications:

DHS 159.37(1) (1) The applicant shall have completed at least one college-level course in educational course development and teaching methods as documented by college transcripts, or shall have successfully completed a train-the-trainer course of at least 2 days in length that covered all of the following topics:

DHS 159.37(1)(a) (a) Principles of adult learning.

DHS 159.37(1)(b) (b) Instructional methods, including non-lecture interactive teaching methods.

DHS 159.37(1)(c) (c) Effective use of audio-visual and other instructional resources.

DHS 159.37(1)(d) (d) Learning objectives.

DHS 159.37(1)(e) (e) Adult learning styles.

DHS 159.37(1)(f) (f) Effective classroom and learning environment management.

DHS 159.37(1)(g) (g) Hands-on practice teaching involving critique and evaluation of the applicant’s teaching skills.

DHS 159.37(2) (2) The applicant shall be certified by the department as follows:

DHS 159.37(2)(a) (a) To teach an asbestos supervisor initial or refresher course, asbestos worker initial or refresher course, exterior asbestos supervisor initial or refresher course, or exterior asbestos worker course, the applicant shall be certified as an asbestos supervisor.

DHS 159.37(2)(b) (b) To teach an asbestos inspector initial or refresher course, the applicant shall be certified as an asbestos inspector.

DHS 159.37(2)(c) (c) To teach an asbestos management planner initial or refresher course, the applicant shall be certified as an asbestos management planner.

DHS 159.37(2)(d) (d) To teach an asbestos project designer initial or refresher course, the applicant shall be certified as an asbestos project designer.

DHS 159.37(3) (3) The applicant shall have at least one year of relevant work experience.

DHS 159.37 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.38 DHS 159.38 Application requirements for initial and renewal principal instructor approval. An individual who seeks approval as a principal instructor shall apply to the department on an application form obtained from the department. The applicant shall submit all of the following to the department:

DHS 159.38(1) (1) A fully and accurately completed department application form signed and dated by the applicant.

DHS 159.38(2) (2) The applicable approval fee under s. DHS 159.39.

DHS 159.38(3) (3) For initial approval, a current résumé that includes dates and descriptions of required experience under s. DHS 159.37 (3).

DHS 159.38(4) (4) For initial approval, at least 3 professional references with contact information. Only one reference may be from the applicant’s current employer.

DHS 159.38(5) (5) For initial approval, a certificate of completion from a train-the-trainer course, college transcript or other documentation that shows the applicant meets the requirements under s. DHS 159.37 (1).

DHS 159.38 Note Note: Application 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 159.38 Note Note: Submit application and fee to Asbestos and Lead Unit: 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659; (fax) 608-266-9711; [e-mail]. For application submitted by fax or email payment may be made only by credit or debit charge to a VISA or MasterCard.