Section ATCP 74.08 - Staffing(1) The agent program shall have sufficient employees to implement the program according to the terms of the agent program's contract with the department.(2) Sanitarians employed by agent programs shall meet one of the following requirements: (a) Is RS-eligible, which means having met one of the following criteria: 1. Holding a baccalaureate or higher degree in environmental health from an accredited college or university and completing at least 30 semester or 45-quarter hour academic credits in environmental, physical, biological, chemical, or environmental health courses.2. Holding a baccalaureate or higher degree in physical or biological sciences from an accredited college or university and completing at least 30 semester or 45 quarter hour academic credits in environmental, physical, biological, chemical, or environmental health courses.3. Holding a baccalaureate or higher degree from an accredited college or university.4. Holding an associate degree from an accredited college, community college. or technical institute in environmental, physical, biological, or chemical sciences.(b) Is an RS in training.(c) Holds a valid Wisconsin registered sanitarian or REHS/RS credential.(3) The agent program shall employ at least one registered sanitarian to conduct inspections and supervise any inspectors or sanitarians who are not registered sanitarians. The agent shall only hire sanitarians who are registered sanitarians or will become registered sanitarians within five years after the date of hire. Inspectors or sanitarians who were employed by the agent program prior to July 1, 2018, and are not eligible to become registered sanitarians within five years, shall perform inspections under the supervision of a registered sanitarian and shall be deemed competent to perform inspections by passing standardization exercises.(4) If an agent loses its only registered sanitarian, the agent shall hire a registered sanitarian replacement within 120 days or, upon the agent's written request, the department may allow the agent additional time to hire a qualified replacement. A replacement who is not a registered sanitarian may be hired, if approved by the department, if the agent has a signed agreement with another agent for a registered sanitarian to provide supervisory oversight and the replacement hire shall become a registered sanitarian within six months of being hired. A copy of the supervisory oversight contract shall be provided to the department and shall include the amount of time allotted for oversight activities and what specific duties the supervising registered sanitarian will provide.(5) The agent shall designate a sanitarian or registered sanitarian, as required by the department, to undergo the standardization exercise evaluating enforcement of ch. ATCP 75 and ch. ATCP 75 Appendix. After successfully completing the exercises, the staff person shall be designated as the agent standard.(6) The agent standard shall perform department-required exercises with the department to maintain his or her status as the agent standard.(7) The agent standard shall perform standardization and maintenance exercises with other sanitarians in their jurisdiction, using procedures specified by the department.(8) The agent is required to send at least one sanitarian or registered sanitarian to attend training provided by the department.(9) An employee of the agent shall participate on department rulemaking and policy advisory committees when requested.(10) The agent may not permit an employee to conduct an inspection in a situation in which the employee, a member of his or her family, or an organization with which the employee is associated or has a financial interest or where the employee's relationship with any person at the inspected facility could cause the employee not to be able to conduct an objective, unbiased inspection.(11) The agent program is solely responsible for all employment-related issues involving the persons it employs in the program and for the actions or omissions of the agent program's employees, except as otherwise provided by law.(12) Upon the agent's request, the department shall provide technical assistance and training to staff.(13) The agent shall report to the department in writing any change in the assignment of a supervisor of sanitarians and any change in the organization of the staff including authority line changes within 10 days after the date on which it takes place. For those agents employing one or two sanitarians, the agent shall also report any change in assignment of inspection staff who are providing services under the contract.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 74.08
Amended by, CR 16-082: cr. Register February 2018 No. 746, eff. 5-27-18; correction in (3), (5) made under s. 35.17, Stats., Register February 2018 No. 746, eff. 5/27/2018