Wisconsin Legislature: subch. I of ch. SPS 332

Ch. SPS 332 Note Note: Chapters Ind 1, 6, 11, 12, 35, 200, 220, 221, 225, 226, 1000 to 2000 and ILHR 32 as they existed on March 31, 1991 were repealed and a new chapter ILHR 32 was created effective April 1, 1991. Chapter ILHR 31 as it existed on August 31, 1995 was repealed and sections ILHR 32.61 to 32.70 were created effective September 1, 1995.

Ch. SPS 332 Note Note: Chapter ILHR 32 as it existed on February 28, 1999, was repealed and recreated as chapter Comm 32, Register, February, 1999, No. 518. Chapter Comm 32 was renumbered chapter SPS 332 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

subch. I of ch. SPS 332 Subchapter I — Scope, Application and Definitions

SPS 332.001 SPS 332.001 Purpose. This chapter establishes minimum occupational safety and health standards for public employees.

SPS 332.001 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99.

SPS 332.002 SPS 332.002 Scope. This chapter applies to all workplaces of public employers, except it does not apply to any of the following:

SPS 332.002(1) (1) Workplaces under federal jurisdiction, Indian-sovereignty workplaces, or workplaces of the United States Postal Service.

SPS 332.002(2) (2) A workplace while no employee is authorized to be there.

SPS 332.002 Note Note: A private-sector employer's workplace is not considered to be a workplace of a public employer while any public-sector employees perform their work there, such as a safety inspection or investigation.

SPS 332.002 Note Note: See chapter SPS 330 for additional safety and health standards for public-sector fire department employees.

SPS 332.002 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99; CR 14-060: r. and recr. Register August 2015 No. 716, eff. 9-1-15.

SPS 332.003 SPS 332.003 Application.

SPS 332.003(1)(1) Retroactivity. The provisions of this chapter apply to all workplaces of a public employer whether existing prior to the effective date of this chapter or subsequently established, unless otherwise specified in this chapter.

SPS 332.003(2) (2) Conflicts.

SPS 332.003(2)(a) (a) Where any rule written by the department differs from a requirement within a document referenced in this chapter, the rule written by the department shall govern.

SPS 332.003(2)(b) (b) Where a provision of this chapter prescribes a general requirement and another provision of this chapter prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a).

SPS 332.003(2)(c) (c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b).

SPS 332.003 Note Note: The Department and other state agencies may have additional rules that affect the design, construction, maintenance and use of places of employment, including chapters SPS 305, Licenses, Certifications, and Registrations; SPS 307, Explosives and Fireworks; SPS 314, Fire Prevention; SPS 316, Electrical; SPS 318, Elevators, Escalators, and Lift Devices; SPS 340, Gas Systems; SPS 341, Boilers and Pressure Vessels; SPS 343, Anhydrous Ammonia; SPS 345, Mechanical Refrigeration; SPS 375 to 379, Buildings Constructed Prior to 1914; SPS 381 to 387, Plumbing; SPS 390, Public Swimming Pools; and SPS 391, Sanitation. The Department's Division of Industry Services administers all of these listed codes. Under chapter SPS 314, fire chiefs – who are authorized deputies of the Department – are responsible for providing semiannual fire-prevention inspections of places of employment.

SPS 332.003(3) (3) Interpretations. Under s. 101.02 (1), Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.

SPS 332.003 Note Note: Section 101.02 (1) of the Statutes reads as follows: “The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings."

SPS 332.003 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99; CR 04-009: am. (2) Register August 2004 No. 584, eff. 9-1-04; CR 14-060: am. (1), r. and recr. (2), cr. (3) Register August 2015 No. 716, eff. 9-1-15.

SPS 332.01 SPS 332.01 Definitions. In this chapter:

SPS 332.01(1) (1) “Agency" has the meaning given in s. 101.055 (2) (a), Stats.

SPS 332.01 Note Note: Under s. 101.055 (2) (a), Stats., “agency" means an office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, and includes the legislature and the courts.

SPS 332.01(2) (2) “Approved" means acceptable to the department.

SPS 332.01(3) (3) “Department" means the department of safety and professional services, unless otherwise specified.

SPS 332.01(4) (4) “Place of employment" means any place as defined in s. 101.01 (11), Stats., and includes farms of a public employer where research or education takes place.

SPS 332.01(5) (5) “Public employee" or “employee" has the meaning given in s. 101.055 (2) (b), Stats.

SPS 332.01 Note Note: Under s. 101.055 (2) (b), Stats., “public employee" or “employee" means any employee of the state, of any agency or of any political subdivision of the state.

SPS 332.01(6) (6) “Public employee representative" or “employee representative" has the meaning given in s. 101.055 (2) (c), Stats.

SPS 332.01 Note Note: Under s. 101.055 (2) (c), Stats., “public employee representative" or “employee representative" means an authorized collective bargaining agent, an employee who is a member of a workplace safety committee or any person chosen by one or more public employees to represent those employees.

SPS 332.01(7) (7) “Public employer" or “employer" has the meaning given in s. 101.055 (2) (d), Stats.

SPS 332.01 Note Note: Under s. 101.055 (2) (b), Stats., (d) “public employer" or “employer" means the state, any agency or any political subdivision of the state.

SPS 332.01(8) (8) “Secretary" means the secretary of the department of safety and professional services or an authorized representative.

SPS 332.01(9) (9) “Workplace" means any site where public employees are required or directed to be by public employers to carryout assigned duties and functions, except a private-sector employer's workplace is not considered to be a workplace of a public employer while any public-sector employees perform their work there, such as a safety inspection or investigation.

SPS 332.01 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99; correction in (4) was made under s. 13.93 (2m) (b) 7., Stats., Register June 2002 No. 558; correction in (3), (8) (intro.) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 14-060: r. and recr. (1), (5) to (7), renum. (8) to SPS 332.17, cr. (8) and (9) Register August 2015 No. 716, eff. 9-1-15.

subch. II of ch. SPS 332 Subchapter II — Administration and Enforcement

SPS 332.05 SPS 332.05 Inspections.

SPS 332.05(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 perform any of the following activities:

SPS 332.05(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 an employer.

SPS 332.05(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 such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any employer or employee.

SPS 332.05(2) (2) Inspections.

SPS 332.05(2)(a) (a) Inspections, including the request for inspections, shall be handled in accordance with s. 101.055 (5), Stats.

SPS 332.05(2)(b) (b) Any orders resulting from an inspection shall be issued in accordance with s. 101.055 (6), Stats.

SPS 332.05 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99; CR 14-060: am. (1) (intro), (a), r. and recr. (2), r. (3), (4) Register August 2015 No. 716, eff. 9-1-15.

SPS 332.07 SPS 332.07 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 in accordance with s. SPS 303.04 for a safety and health issue affecting public employees.

SPS 332.07 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 332.08 SPS 332.08 Notices. Every employer shall post a notice that summarizes the employee's protections and rights as granted under s. 101.055, Stats.

SPS 332.08 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99.

SPS 332.09 SPS 332.09 Penalties. Penalties for violations of this chapter may be assessed in accordance with s. 101.02, Stats.

SPS 332.09 Note Note: Section 101.02 (12), Stats., reads: “Every day during which any person or corporation, or any officer, agent or employee of a person or corporation, fails to observe and comply with any order of the department or to perform any duty specified under this subchapter shall constitute a separate and distinct violation of the order or of the requirements of this subchapter, whichever is applicable."

SPS 332.09 Note Note: Section 101.02 (13) (a), Stats., reads: “If any employer, employee, owner, or other person violates this subchapter, or fails or refuses to perform any duty specified under this subchapter, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department, or any judgment or decree made by any court in connection with this subchapter, for each such violation, failure or refusal, such employer, employee, owner or other person shall forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each such offense."

SPS 332.09 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99.

subch. III of ch. SPS 332 Subchapter III — General Requirements

SPS 332.15 SPS 332.15 OSHA Safety and health standards. Except as provided in s. SPS 332.16 and subch. IV, all places of employment and public buildings of a public employer shall comply with the federal Occupational Safety and Health Administration (OSHA) requirements adopted under s. SPS 332.50.

SPS 332.15 Note Note: There may be some substances that do not have an exposure limit specified in the OSHA standards. For those substances, the department will accept exposure limits that comply with the recommendations of the American Conference of Governmental Industrial Hygienists for threshold limit values and biological exposure indices.

SPS 332.15 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 332.16 SPS 332.16 Wisconsin administrative code chapters. Except as provided in s. SPS 332.003 (2), the following chapters of the Wisconsin administrative code shall apply in place of the standards specified in s. SPS 332.15 for those safety and health issues which fall within the scope of the respective chapters.

SPS 332.16(1) (1) Chapter SPS 307, Explosives and Fireworks.

SPS 332.16(2) (2) Chapter SPS 308, Mines, Pits and Quarries.

SPS 332.16(5) (5) Chapter SPS 340, Gas Systems.

SPS 332.16(8) (8) Chapter SPS 314, Fire Prevention.