Enforcing Lead and Asbestos Laws

We review records, inspect work sites, and audit training classes to make sure people follow our lead and asbestos rules. Below are the different tools that we use to make those determinations.

Routine onsite inspections and audits

We receive project and course notifications from contractors and course training providers. We use a Neutral Administrative Inspection Scheme (NAIS) to select projects or classes to visit or review. This means that no one is more likely to get inspected or audited than any other member of a regulated group. NAIS does not meet the standard of random selection.

Routine record reviews

For each regulated activity, the person or company doing the work must keep records. We randomly select notified projects, investigations, or companies for review. Then we request and review the required records for compliance.

Complaint or tip investigations

We receive complaints and tips from many different members of the community, including:

• Homeowners
• Business owners
• Certified companies
• Neighbors
• Tenants
• Other general community members

We will work on tips and complaints over all other work. See Tips and Complaint section.

Targeted onsite inspections

Sometimes we may target a person or company based on previous violations.

We focus on tips or complaints about unsafe or uncertified lead or asbestos work. We accept tips and complaints by:

• Contacting any of our Environmental Health Specialists, P-02367 (PDF).
• Calling our main line at 608-261-6876.
• Emailing our section at DHSAsbestosLead@dhs.wisconsin.gov.
• Using our online complaint form.

You can request anonymity, but it will become part of our records which are subject to the open records law. To remain anonymous, fill out the online complaint form, but do not supply your contact information. Make sure to give us enough details to investigate!

When we get the tip or complaint an inspector will follow up as soon as possible. The inspector will use a variety of methods to investigate the tip or compliant. These methods include interviews, site visits, internet searches, and record reviews. The inspector may also work with other federal, state, or local agencies.

Once we gather the evidence we will determine if they violated the lead and asbestos rules. If we determine violations, we will follow our enforcement policies and procedures. Our team meets twice a month to discuss cases. This meeting allows us to make consistent decisions with similar cases.

We investigate when an alleged regulated lead or asbestos activity is (or has been) done. We can investigate to determine compliance with the rules we enforce. These rules are Wis. Admin. Code ch. DHS 159, Certification and Training Course Requirements for Asbestos Activities, and Wis. Admin. Code ch. DHS 163, Certification for the Identification, Removal and Reduction of Lead-Based Paint Hazards. Our inspectors use a variety of methods to investigate. These methods include interviews, site visits, internet searches, and record reviews. The inspector may also work with other federal, state, or local agencies.

During our investigations we gather evidence to prove or disprove violations. The evidence we can gather includes, but is not limited to:

• Pictures of the work
• Observations of the work
• Interviews
• Contracts
• Other documents

We record and store all our evidence during an investigation. We compare our evidence with our rules to determine compliance. This information is available to the public through the Wisconsin Public Records Law. To request records, contact us at DHSAsbestosLead@dhs.wisconsin.gov to process the request.

When we determine there are violations, we go through the enforcement process. We can take different types of enforcement based on the severity of the case and history. Below are the different enforcement actions we can issue.

Warning letter (advisory letter)

We can issue a letter of warning (advisory letter) when there are possible violations, but do not have enough supporting evidence.

Notice of noncompliance

We can issue a noncompliance notice when our evidence supports a violation of the rules. We mail a written notice that explains what happened, the rules violated, and a description of our authority to issue the notice.

Civil forfeiture

We can issue a monetary penalty when our evidence supports a violation of the rules. We mail a written noncompliance notice as described above. It also includes the amount of the monetary penalty and an explanation of the process to contest the penalty.

According to our rules, we can impose a monetary penalty as follows:

• Lead violations: between $100 to $5,000 for each violation per day of violation.
• Asbestos violations: between $25 to $100 for each violation per day of violation.

We determined the penalty amount using standard penalty worksheets. We have assigned an amount to each violation based on the nature of the violation and their potential to cause harm. We use the standard penalty worksheets to ensure consistency between cases. We can increase or decrease the standard penalty amount based on:

• Company size.
• Cooperation.
• History of violations.
• Potential for causing harm.
• Willingness to come into compliance.

Order

We can issue an order to stop performing or offering to perform work that is in violation of the rules. We can order a person to submit and follow a plan of correction to help bring the person back into compliance. In the notice we include a description of our authority and an explanation of the process to contest it.

Suspension

We can suspend certification, accreditation or approval based on violations of the rules. We give the company or person 30 days to come back into compliance. We mail a written notice that explains the reason for the suspension. In the notice we include a description of our authority and an explanation of the process to contest it.

Summary suspension

We can suspend certification, accreditation or approval based on violations of the rules. We take this emergency action when health, safety or welfare is at imminent risk. Suspension would be effective upon issuance. Within seven days, we must either allow regulated work to continue or revoke. In the notice we include a description of our authority and an explanation of the process to contest it.

Revocation

We can revoke certification, accreditation or approval based on violations of the rule. We can issue a revocation to a company or person. We mail a written notice that explains the reason for the revocation. In the notice we include a description of our authority and an explanation of the process to contest it.

Denial

We can deny certification, accreditation or approval based on many different reasons. We can issue a denial to a company or person. We mail a written notice that explains the reason for the denial. In the notice we include a description of our authority and an explanation of the process to contest it.

When we issue enforcement actions we record them in our database. You can find our enforcement and certification numbers in our annual report.

Read the 2022 Lead and Asbestos Certification and Field Compliance Data Report for Training Providers, P-03475 (PDF).