SPS 330.01(21w)
(21w) “Self-contained breathing apparatus” or “SCBA” means an atmosphere-supplying respirator for which the breathing air source is designed to be carried by the user.
SPS 330.01(23)
(23) “Service test" means the regular, periodic inspection and testing of apparatus and equipment, according to an established schedule and procedure, to ensure that it is in safe and functional operating condition.
SPS 330.01(24)
(24) “Special hazard" means a substance, device, event, circumstance or condition that presents an unusual and severe danger to fire fighters or an abnormally high level of fire danger. Special hazards include water rescue, confined space entry, high-angle rescue, and operations requiring specialized training.
SPS 330.01(25)
(25) “Standard operating guideline” means a written organizational directive that establishes or prescribes specific operational or administrative methods to be followed routinely, which can be varied due to operational need in the performance of designated operations or actions.
SPS 330.01(26)
(26) “
Structural fire fighting” means fire fighting that involves
buildings,
enclosed
structures,
enclosed
vehicles,
or enclosed
vessels.
SPS 330.01 History
History: Cr.
Register, August, 1995, No. 476, eff. 9-1-95;
CR 01-044: cr. (6h) and (6m), r. (22),
Register December 2001 No. 552, eff. 1-1-02; correction in (5), (18) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672;
CR 17-067: cr. (1m), am. (4), (6), (7), (10), (12), r. (13), cr. (13g), (13r), (14g), (14r), (15m), am. (16), cr. (16m), renum. (17) (intro.) to (17) and am., r. (17) (a) to (c), cr. (17m), r. (18), am. (19), (20), r. (21), cr. (21c), (21g), (21n), (21r), (21w), am. (25), (26)
Register September 2018 No. 753, eff. 10-1-18.
SPS 330.011(1)(1)
Right of entry to investigate or inspect. The authorized representatives of the department, upon presentation of the appropriate credentials to an employer, may do all of the following:
SPS 330.011(1)(a)
(a) Enter without delay and at reasonable times any building, place of employment or workplace of a public employer, or an environment where work is performed by an employee of the employer.
SPS 330.011(1)(b)
(b) Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials, and question privately any employer or employee.
SPS 330.011(2)
(2) Participation in inspections. Pursuant to s.
101.055 (5), Stats., a representative of the employer, an employee, or an employee representative shall be provided an opportunity to accompany a department inspector on any inspection made under this chapter.
SPS 330.011(3)(a)
(a) Any person, who believes a safety or health standard or variance is being violated or that a situation exists which poses a recognized hazard likely to cause death or serious physical harm, may request the department to conduct an inspection by completing a complaint registration form designated by the department.
SPS 330.011 Note
Note: The
online complaint form
is
available
on
the
Department's website at dsps.wi.gov/Pages/SelfService. See s.
101.055, Stats., for information regarding the complaint process.
SPS 330.011(3)(b)
(b) If an employee or employee representative requesting an inspection requests confidentiality, that person's name may not be disclosed to the employer or any other person, including any state agency except the department.
SPS 330.011(4)
(4) Orders. Pursuant to s.
101.055 (6), Stats., the department shall issue orders for violation of this chapter.
SPS 330.011 History
History: Cr.
Register, August, 1995, No. 476, eff. 9-1-95;
CR 17-067: am. (1), (3) (a), (b), r. (3) (c)
Register September 2018 No. 753, eff. 10-1-18.
SPS 330.012
SPS 330.012 Posting department order. Upon issuance of an order of noncompliance, the employer shall post a copy of the order in accordance with s.
101.055 (6) (a) 1., Stats.
SPS 330.012 History
History: Cr.
Register, August, 1995, No. 476, eff. 9-1-95;
CR 01-044: r. and recr.
Register December 2001 No. 552, eff. 1-1-02.
SPS 330.013
SPS 330.013 Variances. Pursuant to s.
101.055 (4), Stats., the department shall consider and may grant a temporary variance, an experimental variance or a permanent variance as specified in s.
SPS 303.04 for a safety and health issue affecting public employees.
SPS 330.013 History
History: Cr.
Register, August, 1995, No. 476, eff. 9-1-95; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 330.014
SPS 330.014 Notices. Every employer shall post a notice which summarizes the employee's protections and rights as granted under s.
101.055, Stats.
SPS 330.014 History
History: Cr.
Register, August, 1995, No. 476, eff. 9-1-95.
SPS 330.015
SPS 330.015 Penalties. Penalties for violations of this chapter may be assessed as specified in s.
101.02, Stats.
SPS 330.015 Note
Note: Section
101.02 (13) (a), Stats., indicates penalties will be assessed against any employer, employee, owner or other person who fails or refuses to perform any duty lawfully enjoined, within the time prescribed by the department, for which no penalty has been specifically provided, or who fails, neglects or refuses to comply with any lawful order made by the department, or any judgment or decree made by any court in connection with ss.
101.01 to
101.25, Stats. For each such violation, failure or refusal, such employee, owner or other person must forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each violation.
SPS 330.015 Note
Note: Section
101.02 (12), Stats., indicates that every day during which any person, persons, corporation or any officer, agent or employee thereof, fails to observe and comply with an order of the department will constitute a separate and distinct violation of such order.
SPS 330.015 History
History: Cr.
Register, August, 1995, No. 476, eff. 9-1-95.
SPS 330.02
SPS 330.02 Incorporation of standards by reference. The following standards are incorporated by reference into this chapter:
SPS 330.02(1)
(1) NFPA 1001-2013, Standard for Fire Fighter Professional Qualifications.
SPS 330.02(2)
(2) NFPA 1002-2017, Standard for Fire Apparatus Driver/Operator Professional Qualifications.
SPS 330.02(3)
(3) NFPA 1021-2014, Standard for Fire Officer Professional Qualifications, subject to the modifications specified in this chapter.
SPS 330.02(4)
(4) NFPA 1403-2018, Standard on Live Fire Training Evolutions.
SPS 330.02(5)
(5) NFPA 1901-2016, Standard for Automotive Fire Apparatus.
SPS 330.02(6)
(6) NFPA 1911-2017, Standard for the Inspection, Maintenance, Testing, and Retirement of In-Service Emergency Vehicles, subject to the modifications specified in this chapter.
SPS 330.02(7)
(7) NFPA 1971-2018, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting.
SPS 330.02(8)
(8) NFPA 1981-2013, Standard on Open-Circuit Self-Contained Breathing Apparatus for Emergency Services.
SPS 330.02(9)
(9) NFPA 1982-2013, Standard on Personal Alert Safety Systems (PASS).
SPS 330.02(10)
(10) NFPA 1983-2017, Standard on Life Safety Rope and Equipment for Emergency Services, subject to the modifications specified in this chapter.
SPS 330.02(11)
(11) CGA Standard G-7.1, 2011, Commodity Specification for Air.
SPS 330.02 Note
Note: Copies of the standards are on file in the offices of the department and the legislative reference bureau.
SPS 330.02 Note
Note: NFPA standards may be viewed online at NFPA.org or purchased from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169.
SPS 330.02 Note
Note: CGA standards may be purchased from the Compressed Gas Association, 14501 George Carter Way, Suite 103, Chantilly, VA 20151 or at
www.cganet.com.
SPS 330.02 History
History: Cr.
Register, August, 1995, No. 476, eff. 9-1-95;
CR 01-044: r. and recr.
Register December 2001 No. 552, eff. 1-1-02;
CR 17-067: renum. (1) (intro.), (a) to (f) to (intro.), (1) to (6) and am., r. (1) (g), renum. (1) (h) to (k) to (7) to (10) and am., r. (2) (intro.), renum. (2) (a) to (11) and am.
Register September 2018 No. 753, eff. 10-1-18.
SPS 330.03
SPS 330.03 Fire department health and safety officer. SPS 330.03(1)(a)(a) Each fire department shall have a health and safety officer.
SPS 330.03(1)(b)
(b) The health and safety officer shall assist the fire chief in his or her responsibility for the safety and health of the fire fighter.
SPS 330.03(1)(c)
(c) The health and safety officer shall report directly to the fire chief.
SPS 330.03(1)(d)
(d) The health and safety officer position may be filled by a single individual or by several individuals as determined by need and at the discretion of the fire chief. When several individuals are assigned to the position, at least one should be a member of the occupational safety and health committee. The health and safety officer position may be staffed by an existing fire department member who performs other duties in addition to those set forth in this section.
SPS 330.03 Note
Note: The health and safety officer is distinct from the incident safety officer and may be the incident safety officer or can be a separate function.
SPS 330.03(2)
(2) Qualifications. The health and safety officer's qualifications shall include all of the following:
SPS 330.03(2)(b)
(b) Knowledge of state and local laws regulating fire fighter safety and health.
SPS 330.03(2)(c)
(c) Knowledge of the potential safety and health hazards involved in fire fighting.
SPS 330.03(2)(d)
(d) Knowledge of the principles and techniques of managing a safety and health program.
SPS 330.03(3)
(3) Authority and responsibility. The health and safety officer's authority and responsibility shall include all of the following:
SPS 330.03(3)(a)
(a) The authority and responsibility to identify and recommend corrections of violations of safety and health standards.
SPS 330.03(3)(b)
(b) The authority and responsibility to recommend immediate correction of situations that create an imminent hazard to personnel.
SPS 330.03(3)(c)
(c) The authority and responsibility to alter, suspend, or terminate activities at the emergency scene when those activities are determined by the health and safety officer to be unsafe or an imminent hazard.
SPS 330.03(4)
(4) Functions. The health and safety officer shall do all of the following:
SPS 330.03(4)(a)
(a) Be a member of the safety and health committee and maintain a liaison with staff officers, fire fighters, equipment manufacturers, regulatory agencies, safety specialists, and the fire department physician.
SPS 330.03(4)(b)
(b) Develop and revise rules, regulations, and standard operating guidelines pertaining to safety and health, and report to the fire chief on the adequacy and effectiveness of the rules and regulations. The fire chief shall define the role of the health and safety officer in the enforcement of the rules and regulations.
SPS 330.03(4)(c)
(c) Identify and mitigate safety and health hazards and be involved in critiques.
SPS 330.03(4)(d)
(d) Ensure that training in safety procedures is provided to all fire fighters. Training shall address corrective actions recommended by accident investigations.
SPS 330.03 History
History: Cr.
Register, August, 1995, No. 476, eff. 9-1-95;
CR 01-044: am. (1) (b),
Register December 2001 No. 552, eff. 1-1-02;
CR17-067: am. (title), (1) (a) to (c), cr. (1) (d), am. (2), (3), (4) (intro.), (a) to (c)
Register September 2018 No. 753, eff. 10-1-18; correction in (1) (d) made under s.
35.17, Stats.,
Register September 2018 No. 753.
SPS 330.05
SPS 330.05 Occupational safety and health committee. SPS 330.05(1)(1)
Every fire department shall establish an occupational safety and health committee, which shall advise the fire chief on issues related to the program. The committee shall include representatives of fire department management and fire fighters or representatives of fire fighter organizations or other persons. Any representatives of a fire service organization shall be selected by the fire fighter organization. The fire chief
shall appoint the other members of the committee.
SPS 330.05(2)
(2) The committee appointed under sub.
(1) shall do all of the following:
SPS 330.05(2)(a)
(a) Conduct research, develop recommendations, and review matters pertaining to the program.
SPS 330.05(2)(b)
(b) Hold regularly scheduled meetings, which shall occur at least biannually, and may
hold special meetings as deemed necessary. The committee shall make a written record of its meetings available to all fire department members.
SPS 330.06
SPS 330.06 Records. Every fire department shall do all of the following:
SPS 330.06(1)
(1) Establish a data collection system and maintain permanent records of all reported accidents, injuries, illnesses, and deaths that are or may be job related. The system shall include individual records of any occupational exposure to known or suspected toxic products or contagious diseases.
SPS 330.06(2)
(2) Maintain a training record for each fire fighter indicating dates, subjects covered, and certifications achieved.
SPS 330.07
SPS 330.07 Training and education program. Every fire department shall do all of the following:
SPS 330.07(1)
(1) Establish
and
maintain
a member
training
and
education
program that identifies specific goals and objectives for the prevention and elimination of occupational accidents, injuries, illnesses, exposures to communicable disease, and fatalities.
SPS 330.07(2)
(2) Assure that the training and education provided under this section are based upon the fire department's written standard operation guidelines.
SPS 330.07(3)
(3) Assure that the training and education required under this section and s.
SPS 330.08 are provided by a qualified instructor.
SPS 330.07 Note
Note: The intent of this rule is not to require an instructor to be certified. Fire departments should ensure that instructors are qualified in that particular area of expertise familiar with the fire department, its organization, and its operations.
SPS 330.07(4)
(4) Provide training and education commensurate with the duties and functions the member is expected to perform.
SPS 330.07(5)
(5) Assure that a member obtains the minimum fire fighter training and education requirements before that member performs any interior structural fire fighting activity or within an IDLH environment as determined by the incident safety officer in accordance with s.
SPS 330.14 (1) (g).
SPS 330.07 Note
Note: The use of a structured on-the-job training program with close supervision can assist fire departments to utilize new members in non-IDLH environments during emergency operations.
SPS 330.07(6)
(6) Provide training and education to fire fighters about special hazards to which they may be exposed during a fire and other emergencies and advise of any changes that occur in relation to the special hazards. The
procedures to address special hazards shall be maintained in written form. Training and education under this subsection shall be provided at least biannually.
SPS 330.07(7)
(7) Assure that the training and education are conducted frequently enough to ensure that each fire fighter is able to perform the assigned duties and functions satisfactorily and in a safe manner so as not to endanger other fire department members or employees.
