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 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(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 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 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 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.
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 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.
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 Note
Note: Ch.
ATCP 93, Flammable, Combustible and Hazardous Liquids applies in place of the standards specified in s.
SPS 332.15 for those safety and health issues which fall within the scope of ch.
ATCP 93.
SPS 332.16 History
History: Cr.
Register, February, 1999, No. 518, eff. 3-1-99; correction in (15) and (16) made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 1999, No. 520; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, June, 2000, No. 534;
CR 01-062: am. (intro.)
CR 01-139: r. (9) and (21), am. (19)
Register June 2002 No. 558, eff. 7-1-02; correction in (intro.), (1), (2), (4) to (20) made under s. 13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672; correction in (4) made under s. 13.92 (4) (b) 7., Stats.,
Register December 2013 No. 696;
CR 14-010: r. (4)
Register August 2014 No. 704, eff. 9-1-14;
CR 14-060: r. (3), am. (14), (16)
Register August 2015 No. 716, eff. 9-1-15.
SPS 332.17
SPS 332.17 Substitution of “secretary." For the purpose of this chapter, substitute the term “secretary" for the following titles referenced in the adopted standards of s.
SPS 332.50:
SPS 332.17(2)
(2) Assistant secretary of labor for occupational safety and health, U.S. department of labor;
SPS 332.17(3)
(3) Director of the office of standards development, occupational safety and health administration, U.S. department of labor;
SPS 332.17(4)
(4) Area director, occupational safety and health administration; and
SPS 332.17(5)
(5) Director of the national institute for occupational safety and health, U.S. department of health and human services.
SPS 332.17 History
History: CR 14-060: renum. from SPS 332.01 (8) and am.
Register August 2015 No. 716, eff. 9-1-15.
SPS 332.20
SPS 332.20 Amendments to OSHA standards. The substitutions, additions or omissions to the adopted OSHA standards as specified in this subchapter are rules of the department and not federal standards of OSHA.
SPS 332.20 Note
Note: The referenced or corresponding OSHA section or subsection is located in the brackets following the SPS designation and preceding the text of the rule. Example: SPS 332.23 [
29 CFR 1910.27].
SPS 332.20 History
History: Cr.
Register, February, 1999, No. 518, eff. 3-1-99.
SPS 332.203
SPS 332.203 Safety and health program. This is a department rule in addition to the requirements in
29 CFR 1910,
1915,
1917,
1926 and
1928: Each employer shall develop and implement a safety and health program that describes the procedures, methods, processes and practices used to manage workplace safety and health. The program shall include elements for hazard identification and assessment, hazard prevention and control, and information and training.
SPS 332.203 History
History: CR 14-060: renum. from 332.11 (1) and am.
Register August 2015 No. 716, eff. 9-1-15.
SPS 332.205
SPS 332.205 Recording and reporting occupational injuries and illnesses [29 CFR 1904]. SPS 332.205(2)
(2) This is a department rule in addition to the requirements in
29 CFR 1904: Pursuant to s.
101.055 (7) (a), Stats., each employer shall report work-related injuries and illnesses to the department for the previous year by March 1 of each year. The report shall be made on form SBD-10710 or equivalent.
SPS 332.205 Note
Note: Public sector employers may report work-related injuries and illnesses via the online reporting system at widoa.force.com/dsps/login or on form SBD-10710A, which is available on the department's website at dsps.wi.gov, or by request from the Department of Safety and Professional Services, P. O. Box 7302, Madison, Wisconsin 53707-7302, or call (608) 266-2112.
SPS 332.205(3)
(3) Substitute the following wording for the requirements in
29 CFR 1904.39(a): Within 8 hours after the death of any employee from a work-related incident or the in-patient hospitalization of 3 or more employees as a result of a work-related incident, the employer shall orally report the fatality or multiple hospitalization by telephone or in person to the department.
SPS 332.205 Note
Note: Fatalities and hospitalizations are to be reported to the Department's Division of Industry Services at P.O. Box 7302, Madison, WI 53707-7302. The Division can be contacted at telephone 608/266-3151 or 877/617-1565 or 411 (Telecommunications Relay) during normal business hours. During nonbusiness hours, report fatalities and hospitalizations to Wisconsin Emergency Management, which can be contacted at 800/943-0003.
SPS 332.205 History
History: CR 01-062: cr.
Register June 2002 No. 558, eff. 7-1-02;
CR 14-060: r. and recr. (title), renum. (intro.) to (1), renum. 332.10 to 332.205 (2) and am., cr. (3)
Register August 2015 No. 716, eff. 9-1-15.
SPS 332.21
SPS 332.21 General requirements [29 CFR 1910.22 and 1926.20]. These are department rules in addition to the requirements in
29 CFR 1910.22 and
1926.20:
SPS 332.21(1)
(1) Any employee who works on highways, roads, streets or their easements, including any of these workplaces that are not permanent places of employment, shall be provided with and wear an approved traffic-safety vest, or other clothing or equipment that provides equivalent high visibility of the employee.
SPS 332.21 Note
Note: For further information regarding safety vests and clothing that are acceptable for providing to employees, see American National Standards Institute/International Safety Equipment Association (ANSI/ISEA) standard 107 - High-Visibility Safety Apparel and Headwear. Vests and clothing that are accepted under this standard typically do not become unacceptable upon publication of a later edition of the standard.
SPS 332.21(2)
(2) An employer shall provide traffic control devices for the work under sub.
(1), and the devices shall be used to regulate, warn, guide, or inform traffic of the work and of the presence of employees.
SPS 332.21 Note
Note: Under s.
349.065, Stats., traffic control devices must be designed, installed and operated in accordance with the uniform traffic control devices manual adopted by the department of transportation under s.
84.02 (4) (e), Stats. The manual may be obtained from the American Traffic Safety Services Association, 15 Riverside Parkway, Suite 100, Fredericksburg, VA 22406-1022, telephone 800/231-3475. Electronic copies are available at the Federal Highway Administration website at
http://mutcd.fhwa.dot.gov/.
SPS 332.21(3)
(3) No person may work on the surface of any structural member, floor, or other working platform that has become slippery from ice, snow, frost, paint or other cause, unless the surface is cleaned, sprinkled with sand, or made non-slippery insofar as the nature of the work will permit
SPS 332.21 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 332.22
SPS 332.22 Portable ladders [29 CFR 1910.25 and 1910.26]. These are department rules in addition to the requirements in
29 CFR 1910.25 and
1910.26:
SPS 332.22(2)
(2)
Use of ladders. No portable ladder may be used to gain access to a roof, floor or platform, unless the top of the ladder extends at least 3 feet above the point of support.
SPS 332.22 Note
Note: Further information relating to construction and use of portable ladders is available in the following American National Standards Institute (ANSI) standards: A14.1, for wood ladders; A14.2, for metal ladders; and A14.5, for reinforced-plastic ladders.
SPS 332.22 History
History: Cr.
Register, February, 1999, No. 518, eff. 3-1-99;
CR 14-060: renum. (1) (a) to (1), r. (1) (b) and (2) (a), renum. (2) (intro.) to (intro.) and am., renum. (2) (b) to (2)
Register August 2015 No. 716, eff. 9-1-15; correction in (2) made under s.
13.92 (4) (b) 2., Stats.,
Register March 2019 No. 759.
SPS 332.23
SPS 332.23 Fixed ladders [29 CFR 1910.27].
This is a department rule in addition to the requirements in
29 CFR 1910.27(e)(2): Fixed ladders of a substandard pitch shall be equipped with handrails on both sides. The handrails shall be installed 30 to 34 inches vertically above the rung or the nose of the tread.
SPS 332.23 History
History: Cr.
Register, February, 1999, No. 518, eff. 3-1-99;
CR 14-060: cons. (intro.) and (1), renum. to (intro.) and am.
Register August 2015 No. 716, eff. 9-1-15.
