Qualification recognition (totally or in part) can be removed from a laboratory by MMS based on failure to comply with or maintain the prerequisites. Inspections by or for the MMS will occur annually after qualification is granted. If major deficiencies are found, the MMS will determine what effect the deficiencies have on the overall capability of the laboratory and its personnel to meet program objectives before deciding whether qualification recognition can be retained. Examples of potentially major deficiencies are:
- Repeated use of non-certified personnel for sampling and testing.
- Non-completion of any of the six requirements (see Laboratory Qualification Application Form) after certifying to them.
- Falsifying records of any type.
- Repeated failure to follow prescribed sampling or test methods.
- Repeated failure to keep manual up to date.
- Repeated failure to correct previous errors and omissions.
If the MMS determines that a laboratory or company shall be removed from the list, the affected laboratory or company will be informed in writing of such a decision. The affected laboratory or company will be given 30 days in which to contest the decision. The affected laboratory or company has the right to request a hearing before the MMS and a panel of peers (representatives of other qualified labs) and provide any further pertinent evidence supporting non-removal. The MMS/panel will then decide whether removal is appropriate by majority vote. If no such request for a hearing is received within the 30-day period, the laboratory or company will be removed from the List of Wisconsin Qualified Testing Program. Removal will occur without delay when a certified letter notice is sent to the affected laboratory or company. The time of removal will not be related to its impact on any highway project sampling and testing involvement. Reinstatement can be achieved by certifying in writing that the deficiencies that caused the removal have been remedied. The MMS will verify through an unannounced inspection of the affected laboratory whether the remedial action has been effectively carried out. Removal is demonstrated by removal from the master list maintained by the MMS, both in hard copy and on the WisDOT Internet website.
Minor deficiencies usually include minor errors or omissions in fulfilling the program requirements. However, it may be obvious to the inspector that the laboratory being inspected intends to and is trying to meet and maintain qualification requirements. The primary focus is assurance that the laboratory in question is operationally effective. If minor deficiencies are found, a specific time frame will usually be specified to correct them.
The address of the MMS to which correspondence or inquiries must be directed is:
Quality Operations Engineer
Wisconsin Department of Transportation Materials Management
Section 3502 Kinsman Blvd. Madison, WI 53704-2507
Phone: (608) 246-5388
Fax: (608) 245-8959
Email:
kenneth.nwankwo@dot.wi.gov