Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 77 - Laboratory Certification
Subchapter III - Water Laboratories
Section ATCP 77.34 - Water laboratories; proficiency evaluation

Current through August 26, 2024

(1) EVALUATION REQUIRED. Except as provided in sub. (4), the department may not issue or renew an operator's certification to perform any test listed under s. ATCP 77.02(3) unless, within the year immediately preceding that certification or renewal, the laboratory passes a proficiency evaluation for that test.

(2) FORM OF EVALUATION. In a laboratory proficiency evaluation under sub. (1), an operator shall assign an analyst to examine samples prepared by an approved evaluator under sub. (3). The contents of the samples shall be known only to the evaluator. The analyst who examines the samples shall be an analyst who normally performs that test at the certified laboratory. The evaluator shall rate the operator's proficiency by comparing the analyst's results to the known contents of the samples, and shall report those results and ratings to the department. The reported results and ratings are rebuttably presumed to be valid for purposes of this section.

(3) APPROVED EVALUATOR. The state of Wisconsin laboratory of hygiene, or another evaluator approved by the department in writing, shall be the evaluator in a proficiency evaluation under sub. (1).

(4) EVALUATION PROCEDURE; GENERAL. A proficiency evaluation under sub. (1) shall be conducted according to a standard evaluation procedure which the department approves in writing. An operator is not required to complete a proficiency evaluation for any test unless the department has approved a standard evaluation procedure for that test. A standard evaluation procedure shall include standards for all the following:

(a) The evaluator's preparation of proficiency evaluation samples.

(b) The operator's examination of proficiency evaluation samples.

(c) Deadlines for examining proficiency evaluation samples and reporting test results.

(d) The evaluator's review and rating of the operator's proficiency.

(5) DRINKING WATER TESTS; EVALUATION PROCEDURES. Beginning on July 1, 1999, standard evaluation procedures for tests under s. ATCP 77.02(3) shall include the following requirements:

(a) An operator who is evaluated for proficiency in testing for total coliform and fecal coliform or E. coli shall examine at least 10 samples of at least 100 ml. each annually. The evaluator shall provide full volume samples, or the concentrate and diluents needed to reconstitute the concentrates to full volume. Each sample set shall include all of the following:
1. One to 4 samples of an aerogenic strain of Escherichia coli which, if properly tested according to methods under s. ATCP 77.30(1), will test positive for total coliform and E. coli.

2. One to 4 samples of Enterobacter sp. or other microorganisms which, if properly tested according to methods under s. ATCP 77.30(1), will test positive for total coliform and negative for E. coli.

3. One to 4 samples of Pseudomonas sp. or other microorganisms which, if properly tested according to methods under s. ATCP 77.30(1), will test negative for total coliform and E.coli.

4. One to 4 blank samples.

(b) An operator testing proficiency evaluation samples under par. (a) shall report the test results to the evaluator. The evaluator shall report the test results to the department within 40 calendar days after the evaluator mails or delivers the samples under par. (a) to the operator. For each sample tested, the evaluator shall report the operator's test result for total coliform and E. coli, and shall indicate whether that test result is correct or incorrect.

(c) To pass a proficiency evaluation under par. (a), an operator shall report the correct result on 90% of the samples tested, with no false negatives.

(6) FULL CERTIFICATION. The department may fully certify an operator to perform a test if, in a proficiency evaluation under this section, the operator meets applicable performance standards under subs. (4) and (5).

(7) PROVISIONAL CERTIFICATION; SUSPENSION.

(a) If, in any proficiency evaluation under this section, an operator fails to meet applicable performance standards under subs. (4) and (5), the department shall issue a notice stating that the operator's certification to perform that test is provisional.

(b) A provisionally certified operator may regain full certification by meeting applicable standards under subs. (4) and (5) on the next 2 consecutive proficiency evaluations.

(c) If a provisionally certified operator fails to meet applicable performance standards under subs. (4) and (5) on either of the next 2 proficiency evaluations, the department shall summarily suspend the operator's certification to perform that test. The department may fully restore the operator's certification if the operator does both of the following:
1. Documents the steps which the operator has taken to correct the performance deficiency.

2. Meets applicable performance standards under subs. (4) and (5) on a new proficiency evaluation.

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