Wisconsin Asbestos Rule - DHS 159 Subchapter II

1. Wisconsin Department of Health Services Asbestos & Lead Section NEW Asbestos Rule, DHS 159 Subchapter II Individual Certification www.dhs.wisconsin.gov/asbestos Or Google key words: WI Asbestos

2. Background: Asbestos Diseases Macrophage on Asbestos Asbestosis Scarring of lung tissue Lung Cancer Smokers exposed to asbestoshave 50-90 timesthe risk for lung cancer Mesothelioma Fatal cancer of the pleural lining of chest or abdomen

3. Asbestos-related deaths

4. Asbestosis 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. Age-adjusted Rate of Asbestosis Hospitalizations Rate (per million residents) Year

5. Asbestosis: most frequently recorded occupations 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.

6. 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.

7. Malignant Mesothelioma Rate (per million residents) The rate of new cases of mesothelioma has been relatively steady in Wisconsin, but it is ABOVE the national average.

8. Many building products can contain Asbestos Here are some of them: • Transite cement siding • Floor tiles, sheet flooring • Mastic • Roofing • Spray-on ceilings and fire-proofing • Blown-in or vermiculite insulation • Window glazing • Caulk • Ductwork and wrap • Pipe insulation, • Plaster & wallboard joint compounds

9. Asbestos Regulation Revised asbestos rule, DHS 159, becomes effective May 1, 2009 Affects most Wisconsin contractors and landlords conducting renovations, painting and repairs

10. Subchapter II: Certification Requirements for Individuals

11. DHS 159.02 - APPLICABILITY • This rule applies to a person that: • performs, claims to perform, offers to perform, supervises, or offers to supervise an asbestos abatement activity

12. DHS 159.04 - DEFINITIONS • “Asbestos abatement activity” means any activity that disturbsasbestos−containing materialor suspect asbestos−containing material, including, repair, enclosure, encapsulation, or removal • Any air sampling or air monitoring conducted

13. DHS 159.04 - DEFINITIONS “Asbestos−containing material” or “ACM” means: • a material or product that contains more than 1% of asbestos, AND • A material meeting the definition of suspect asbestos−containing material.

14. DHS 159.04 - DEFINITIONS “Suspect asbestos−containing material” means • All untested materials used in or on building components with the exception of metal, glass, wood or fiberglass AND • Vermiculite insulation

15. Vermiculite

16. Rule applies to: • MOST renovations that remove walls, transite siding, floor tiles, sheet flooring, mastics, windows with glazing, sprayed-on surfaces, plumbing, heating and ventilation insulation (other than fiberglass), and roofing and flashing materials require a certified asbestos abatement company to conduct the removal before other work can proceed.

17. DHS 159.02 - APPLICABILITY • This rule applies to a person that: • performs, claims to perform, offers to perform, supervises, or offers to supervise an asbestos management activity such as inspections

18. DHS 159.04 - DEFINITIONS • “Asbestos management activity” means an inspection for asbestos−containing material…

19. DHS 159.04 - DEFINITIONS • “Asbestos inspection” means any activities to determine the presence or location of asbestos by collecting samples of the materials… including in residential, commercial, industrial or public facilities

20. DHS 159.02 - APPLICABILITY • This rule applies to a person that: • Performs or supervises an asbestos abatement activity OR • Performs or supervises an asbestos management activity

21. DHS 159.05 - DISCIPLINES • Asbestos supervisor • Asbestos worker • Exterior asbestos supervisor - New • Exterior asbestos worker - New • Asbestos inspector • Asbestos management planner • Asbestos project designer

22. DHS 159.05 - Certification of an Individual • Exterior Asbestos Supervisor • Exterior Asbestos Worker May conduct asbestos abatement activities that involve only non-friable asbestos-containing material that remains non-friable, on the exterior, or building envelope, of a facility – such as roofing, siding and exterior window removal work

23. DHS 159.04 - Definition “Friable” means asbestos containing material that, when dry, can be crumbled or reduced to powder by hand pressure.

24. DHS 159.06 - Exceptions to Certification • Single Family Owner Occupied (do it yourself) • Maintenance or repair work -Generate no more than 1 waste bag 60”x 60” -Must complete16-hr Operations and Maintenance training • Operator of amotorized vehicle to demolish or remove a facility when ACM is allowed to remain under s. NR 447.08 (1) - Example: backhoe operator

25. DHS 159.12 - Initial Training • Asbestos supervisor – 5 days • Asbestos worker – 4 days • Exterior asbestos supervisor – 2 days • Exterior asbestos worker – 1 day • Asbestos inspector – 3 days • Asbestos management planner -2 days • Asbestos project designer – 3 days

26. DHS 159.12 - Annual Refresher Training • Asbestos supervisor – 1 day • Asbestos worker – 1 day • Asbestos worker – 1 day • Exterior asbestos supervisor – 2 hours • Exterior asbestos worker – Employer is responsible for annual refresher • Asbestos inspector – ½ day • Asbestos management planner - ½ day • Asbestos project designer – 1 day

27. DHS 159.12 - Training Requirements • Most recent training must be department accredited and held in Wisconsin • Show ID • Photograph taken • Pass a course test

28. DHS 159.07 – Applying for Certification Applicants submit the following to DHS: • Complete application form • Fee • Training history if not already submitted Wisconsin Training Providers submit the following to DHS for their students: • Student photograph • Course training certificate

29. DHS 159.08 - Certification Fees Asbestos supervisor - $125 Asbestos worker - $75 Exterior asbestos supervisor - $75 Asbestos inspector - $175 Asbestos management planner - $125 Project designer - $175 Exterior asbestos worker - $125* * No annual renewal fee for the exterior asbestos worker certification

30. DHS 159.09 - Provisional Certification • Must submit complete application by fax, email, or personal deliverybefore conducting regulated asbestos activities. • May then conduct regulated asbestos activities for up to 30 calendar days after completing training or until receiving certification card whichever comes first.

31. DHS 159.13 – Individuals’Responsibilities • Must be associated with a Certified Asbestos Company • Must comply with asbestos-related laws • Person shall have the card on all regulated work sites (or training certificate if provisional certification applies)

32. DHS 159.13 – Individuals’ Responsibilities WORK PRACTICERequirements: • Protect the health and safety of occupants, visitors, and persons outside the regulated area • Follow any other applicable work practice standards and protocols under local ordinance or state or federal statutes or regulations.