Section 159.13. Responsibilities of individuals conducting regulated asbestos activities.

 

(1)   Association with a certified asbestos company. An individual shall be associated with a certified asbestos company under subch. III by ownership, contract or employment before the individual may perform, supervise or offer to perform or supervise a regulated asbestos activity.

(2)   Compliance with asbestos-related laws. An individual conducting regulated asbestos activities shall comply with this chapter and all applicable local, state and federal asbestos ordinances, statutes and regulations, including:

(a) 15 U.S.C. sec. 2643 and 2646, Title II of the U.S. Toxic Substances Control Act (TSCA).

(b) Wisconsin department of safety and professional services asbestos regulations for public sector employees under ch. SPS 332 .

(c) Wisconsin DNR regulations for control of asbestos emissions under ch. NR 447 , and collection and transportation of asbestos waste under s. NR 502.06 .

(d) U.S. department of transportation asbestos waste transportation requirements under 49 CFR Parts 100 to 185 .

(e) U.S. EPA regulations for asbestos worker protection under 40 CFR 763 subpart G, asbestos in schools regulations under 40 CFR 763 subpart E, and national emission standards for hazardous air pollutants under 40 CFR 61 subparts A and M.

(f) U.S. OSHA regulations for asbestos construction under 29 CFR 1926.1101 , hazard communication under 29 CFR 1926.59 , and respiratory protection under 29 CFR 1910.134 .

(3)   Training certificates.

(a) No person may give, trade, sell, or loan a training certificate to another person or use a training certificate that belongs to another person.

(b) A training certificate may be copied only for record keeping purposes. If a training certificate is copied, the person who makes the copy shall clearly label the copy with the word "copy" across the front.

(c) The individual to whom a training certificate is issued is the owner of that training certificate and shall do all of the following:

1. Retain the original training certificate for each required training course completed for the duration of the individual's certification.

2. Have the original training certificate at the work site, if it qualifies the individual to provisionally conduct regulated asbestos activities under s. DHS 159.09 .

3. Make the original training certificate for each completed course available for inspection by the department upon request.

(4)   Certification cards.

(a) No person may give, trade, sell, or loan a certification card to another person, or use a certification card that belongs to another person.

(b) A certification card may be photocopied only for record keeping purposes. If a certification card is copied, the person who makes the copy shall clearly label the copy with the word "copy" across the front.

(c) The individual to whom a certification card is issued is the owner of that certification card and shall do all of the following:

1. Have the original certification card at the work site when conducting or supervising regulated asbestos activities.

2. Retain the original certification card until the card expires or is returned to the department.

3. Make the original certification card available for inspection upon request.

4. Return a suspended, revoked, or otherwise invalid certification card to the department within 10 calendar days after the department's request.

5. Promptly request a replacement card whenever the certification card is lost, stolen, or damaged, by submitting a form obtained from the department and payment of a $25 replacement fee.

(5)   Work practice. An individual conducting a regulated asbestos activity shall protect the health and safety of occupants, visitors, and persons outside the regulated area by using engineering controls and work practices that prevent the release of asbestos fibers into the air outside of the regulated area. For asbestos abatement activities involving the exterior of a structure, an individual shall use engineering controls that prevent debris and fibers from entering the interior of the structure. For all regulated asbestos activities, an individual shall follow any other applicable work practice standards and protocols under local ordinance or state or federal statutes or regulations.

(6)   Responsibilities during department inspections.

(a) Upon the request of a department representative, an individual shall exit containment or other regulated area and make himself or herself available to the department representative for the purposes of determining identification and certification.

(b) A person may not prevent a representative of the department from doing any of the following:

1. Entering any property or premises where any person required to be certified under this chapter is engaged in a regulated asbestos activity or where the person conducts business.

2. Reviewing or copying records required to be maintained under s. DHS 159.19 (7) or any other records relating to regulated asbestos activities.

3. Entering any property where a regulated asbestos activity is being or has been conducted, collecting air or bulk samples, taking photographs or video recordings, interviewing any person on the premises, or conducting any other activity necessary to determine compliance with this chapter.

History: CR 08-036 : cr. Register February 2009 No. 638 , eff. 5-1-09; correction in (2) (b) made under s. 13.92 (4) (b) 6. , 7. , Stats., Register January 2012 No. 673 .

Note

An application for a replacement card is 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. Microsoft Windows NT 6.1.7601 Service Pack 1