Wisconsin Department of Health Services
Asbestos & Lead Section
www.dhs.wisconsin.gov/asbestosOr Google key words: WI Asbestos
NEW Asbestos Rule, DHS 159 Subchapter II
Individual Certification
Background: Asbestos DiseasesBackground: Asbestos Diseases
AsbestosisAsbestosisScarring of lung tissue
Lung CancerLung CancerSmokers exposed to asbestos have 50-90 times the risk for lung cancer
Macrophage on Asbestos
MesotheliomaMesotheliomaFatal cancer of the pleural lining of chest or abdomen
Asbestos-related deathsAsbestos-related deaths
0
10
20
30
40
50
60
2000 2001 2002 2003 2004 2005
Age-adjusted Rate of Asbestosis Hospitalizations
Asbestosis
Rat
e (p
er m
illio
n r
esid
ents
)
Year
Wisconsin is among states that have the lowest age-adjusted rate of asbestosis hospitalizations in the nation, but the rate has been increasing during this decade.
Asbestosis: most frequently recorded Asbestosis: most frequently recorded occupations on death certificate, 1991-1992occupations on death certificate, 1991-1992
COC Occupation Number Percent
585 Plumbers, pipefitters, and steamfitters 46 8.0
575 Electricians 31 5.4
593 Insulation workers 29 5.0
567 Carpenters 25 4.3
889 Laborers, except construction 24 4.2
633 Supervisors, precision production occupations 18 3.1
643 Boilermakers 18 3.1
019 Managers and administrators, n.e.c. 17 2.9
783 Welders and cutters 17 2.9
453 Janitors and cleaners 15 2.6
All other occupations 322 55.7
Occupation not reported 16 2.8
TOTAL 578 100.0
National Center for Health Statistics multiple cause of death data.
Malignant Mesothelioma
Malignant mesothelioma is a cancer that involves the lining of the chest or abdomen. Up to 90% of cases are caused by exposure to asbestos.
Malignant Mesothelioma
0
5
10
15
20
25
2000 2001 2002 2003 2004 2005
WI
US average
Rat
e (p
er m
illi
on
res
iden
ts)
The rate of new cases of mesothelioma has been relatively steady in Wisconsin, but it is ABOVE the national average.
Many building products can Many building products can contain Asbestoscontain Asbestos
Here are some of them:Here are some of them:– Transite cement sidingTransite cement siding– Floor tiles, sheet flooring Floor tiles, sheet flooring – MasticMastic– RoofingRoofing– Spray-on ceilings and fire-proofingSpray-on ceilings and fire-proofing– Blown-in or vermiculite insulation Blown-in or vermiculite insulation – Window glazing Window glazing – Caulk Caulk – Ductwork and wrapDuctwork and wrap– Pipe insulation, Pipe insulation, – Plaster & wallboard joint Plaster & wallboard joint
compoundscompounds
Asbestos RegulationAsbestos Regulation
Revised asbestos rule, DHS 159, Revised asbestos rule, DHS 159, becomes effective becomes effective
May 1, 2009May 1, 2009
Affects most Wisconsin contractors Affects most Wisconsin contractors and landlords conducting and landlords conducting
renovations, painting and repairsrenovations, painting and repairs
Subchapter II: Subchapter II: Certification Requirements for Certification Requirements for
IndividualsIndividuals
DHS 159.02 - APPLICABILITYDHS 159.02 - APPLICABILITY
This rule applies to a person that:This rule applies to a person that:
–performs, claims to perform, offers performs, claims to perform, offers to perform, supervises, or offers to to perform, supervises, or offers to supervise an supervise an asbestos abatement asbestos abatement activity activity
DHS 159.04 - DEFINITIONSDHS 159.04 - DEFINITIONS
““Asbestos abatement activity”Asbestos abatement activity” means means anyany activity that activity that disturbsdisturbs asbestos−containing materialasbestos−containing material or or suspect asbestos−containing suspect asbestos−containing materialmaterial, including, repair, , including, repair, enclosure, encapsulation, enclosure, encapsulation, or removalor removal Any air sampling or air Any air sampling or air
monitoring conductedmonitoring conducted
DHS 159.04 - DEFINITIONSDHS 159.04 - DEFINITIONS
““Asbestos−containing materialAsbestos−containing material” or ” or ““ACMACM” means:” means:– a material or product that contains a material or product that contains more more
thanthan 1% of asbestos, 1% of asbestos,
ANDAND
– A material meeting the definition of A material meeting the definition of suspect asbestos−containing material.suspect asbestos−containing material.
DHS 159.04 - DEFINITIONSDHS 159.04 - DEFINITIONS
““Suspect asbestos−containing material”Suspect asbestos−containing material” means means – All All untested materialsuntested materials used in or on used in or on
building components with the exception building components with the exception of of metal, glass, wood or fiberglassmetal, glass, wood or fiberglass
ANDAND
– Vermiculite insulationVermiculite insulation
VermiculiteVermiculite
Rule applies to:Rule applies to:
MOST renovations that remove walls, MOST renovations that remove walls, transite siding, floor tiles, sheet transite siding, floor tiles, sheet flooring, mastics, windows with flooring, mastics, windows with glazing, sprayed-on surfaces, glazing, sprayed-on surfaces, plumbing, heating and ventilation plumbing, heating and ventilation insulation (other than fiberglass), and insulation (other than fiberglass), and roofing and flashing materials require a roofing and flashing materials require a certified asbestos abatement company certified asbestos abatement company to conduct the removal before other to conduct the removal before other work can proceed.work can proceed.
DHS 159.02 - APPLICABILITYDHS 159.02 - APPLICABILITY
This rule applies to a person that:This rule applies to a person that:
–performs, claims to perform, offers performs, claims to perform, offers to perform, supervises, or offers to to perform, supervises, or offers to supervise an supervise an asbestos asbestos management activity management activity such as such as inspectionsinspections
DHS 159.04 - DEFINITIONSDHS 159.04 - DEFINITIONS
““Asbestos management activity”Asbestos management activity” means anmeans an inspection inspection for for asbestos−containing material…asbestos−containing material…
DHS 159.04 - DEFINITIONSDHS 159.04 - DEFINITIONS““Asbestos inspection”Asbestos inspection” means any activities means any activities to determine the presence or location of to determine the presence or location of asbestos by collecting samples of the asbestos by collecting samples of the materials… including in residential, materials… including in residential, commercial, industrial or public facilitiescommercial, industrial or public facilities
DHS 159.02 - APPLICABILITYDHS 159.02 - APPLICABILITY
This rule applies to a person that:This rule applies to a person that:– Performs or supervises an Performs or supervises an asbestos asbestos
abatement activityabatement activity
OROR
– Performs or supervises an Performs or supervises an asbestos asbestos management activitymanagement activity
DHS 159.05 - DISCIPLINESDHS 159.05 - DISCIPLINES
Asbestos supervisorAsbestos supervisor
Asbestos workerAsbestos worker
Exterior asbestos supervisor - Exterior asbestos supervisor - NewNew
Exterior asbestos worker - Exterior asbestos worker - NewNew
Asbestos inspectorAsbestos inspector
Asbestos management plannerAsbestos management planner
Asbestos project designerAsbestos project designer
DHS 159.05 - Certification of an DHS 159.05 - Certification of an IndividualIndividual
Exterior Asbestos Supervisor Exterior Asbestos Supervisor Exterior Asbestos WorkerExterior Asbestos Worker
May conduct asbestos abatement May conduct asbestos abatement activities that involve only activities that involve only non-friablenon-friable asbestos-containing materialasbestos-containing material that that remains non-friable, remains non-friable, on the exterioron the exterior, or , or building envelope, of a facility – such building envelope, of a facility – such as roofing, siding and exterior window as roofing, siding and exterior window removal workremoval work
DHS 159.04 - DefinitionDHS 159.04 - Definition
““FriableFriable” means” means asbestos containing asbestos containing material that, when material that, when dry, can be dry, can be crumbled crumbled or reduced to powder or reduced to powder by hand pressure.by hand pressure.
DHS 159.06 - Exceptions to DHS 159.06 - Exceptions to CertificationCertification
Single Family Owner OccupiedSingle Family Owner Occupied (do it yourself) (do it yourself) Maintenance or repair workMaintenance or repair work
-Generate no more than 1 waste bag 60”x 60”-Generate no more than 1 waste bag 60”x 60”-Must complete16-hr Operations and -Must complete16-hr Operations and
Maintenance trainingMaintenance training Operator of aOperator of a motorized vehiclemotorized vehicle to demolish or to demolish or
remove a facility when ACM is allowed to remove a facility when ACM is allowed to remain under s. NR 447.08 (1)remain under s. NR 447.08 (1)- Example: backhoe operator- Example: backhoe operator
DHS 159.12 - Initial TrainingDHS 159.12 - Initial Training
Asbestos supervisor – 5 daysAsbestos supervisor – 5 days
Asbestos worker – 4 daysAsbestos worker – 4 days
Exterior asbestos supervisor – 2 daysExterior asbestos supervisor – 2 days
Exterior asbestos worker – 1 dayExterior asbestos worker – 1 day
Asbestos inspector – 3 daysAsbestos inspector – 3 days
Asbestos management planner -2 daysAsbestos management planner -2 days
Asbestos project designer – 3 daysAsbestos project designer – 3 days
DHS 159.12 - Annual Refresher DHS 159.12 - Annual Refresher TrainingTraining
Asbestos supervisor – 1 dayAsbestos supervisor – 1 day
Asbestos worker – 1 dayAsbestos worker – 1 day
Asbestos worker – 1 dayAsbestos worker – 1 day
Exterior asbestos supervisor – 2 hoursExterior asbestos supervisor – 2 hours
Exterior asbestos worker – Exterior asbestos worker – Employer is responsible Employer is responsible for annual refresherfor annual refresher
Asbestos inspector – ½ dayAsbestos inspector – ½ day
Asbestos management planner - ½ dayAsbestos management planner - ½ day
Asbestos project designer – 1 dayAsbestos project designer – 1 day
DHS 159.12 - Training RequirementsDHS 159.12 - Training Requirements
Most recent training must be Most recent training must be department accredited and held in department accredited and held in WisconsinWisconsin
–Show IDShow ID
–Photograph takenPhotograph taken
–Pass a course testPass a course test
DHS 159.07 – Applying for DHS 159.07 – Applying for CertificationCertification
Applicants submit the following to DHS:Applicants submit the following to DHS: Complete application form Complete application form FeeFee Training history if not already submittedTraining history if not already submitted
Wisconsin Training Providers submit the Wisconsin Training Providers submit the following to DHS for their students:following to DHS for their students:
Student photographStudent photograph Course training certificateCourse training certificate
DHS 159.08 - Certification FeesDHS 159.08 - Certification Fees
Asbestos supervisor - $125Asbestos supervisor - $125Asbestos worker - $75Asbestos worker - $75Exterior asbestos supervisor - $75Exterior asbestos supervisor - $75Asbestos inspector - $175Asbestos inspector - $175Asbestos management planner - $125Asbestos management planner - $125Project designer - $175Project designer - $175Exterior asbestos worker - $125*Exterior asbestos worker - $125* * No annual renewal fee for the exterior asbestos worker * No annual renewal fee for the exterior asbestos worker
certificationcertification
DHS 159.09 - Provisional CertificationDHS 159.09 - Provisional Certification
Must submit complete application by Must submit complete application by fax, fax, email, or personal deliveryemail, or personal delivery beforebefore conducting regulated asbestos activities.conducting regulated asbestos activities.
May then conduct regulated asbestos May then conduct regulated asbestos activities for up to activities for up to 30 calendar days30 calendar days after completing training or until receiving after completing training or until receiving certification card whichever comes first.certification card whichever comes first.
DHS 159.13 – Individuals’DHS 159.13 – Individuals’ResponsibilitiesResponsibilities Must be associated with a Must be associated with a Certified Certified
Asbestos Company Asbestos Company Must comply with asbestos-related lawsMust comply with asbestos-related laws Person shall have the card on all Person shall have the card on all
regulated work sites (or training regulated work sites (or training certificate if provisional certification certificate if provisional certification applies)applies)
DHS 159.13 – Individuals’ DHS 159.13 – Individuals’ ResponsibilitiesResponsibilities
WORK PRACTICEWORK PRACTICE Requirements:Requirements:
– Protect the health and safety of Protect the health and safety of occupants, visitors, and persons outside occupants, visitors, and persons outside the regulated areathe regulated area
– Follow any other applicable work Follow any other applicable work practice standards and protocols under practice standards and protocols under local ordinance or state or federal local ordinance or state or federal statutes or regulations.statutes or regulations.