CR 17-067 Rule Text

STATE OF WISCONSIN

Department of Safety and Professional Services

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

PROPOSED ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

ADOPTING RULES

(CLEARINGHOUSE )  

PROPOSED ORDER

An order of the department to repeal SPS 330.003 (1) and (2), 330.01 (4) (Note) and (13) and (18) and (21), 330.011 (3) (c), 330.02 (1) (g) and (2) (intro.), 330.08 (1) (b) and (c) and (2) (b) and (4), 330.09 (1) (e) to (g), 330.10 (7) (Note), 330.12 (3) (d) (Note), 330.13 (2) (d) and (f), 330.14 (1) (b) (Note), and 330.15 (2) (Note); to renumber 330.13 (2) (e); to renumber and amend SPS 330.003 (2) (Notes), 330.011 (3) (c) (Note), 330.02 (1) (intro.) and (a) to (f) and (h) to (k), 330.02 (2) (a) and (Note), 330.08 (1) (a) and 1. to 4. and (2) (a) and 1. to 4., 330.10 (except title), 330.13 (2) (intro.) and (a) to (c) and (3); to amend SPS 330.001, 330.003 (3), 330.01 (4) and (6) and (7) and (10) and (12) and (16) and (17) and (19) and (20) and (25) and (26), 330.011 (1) (intro.) and (a) and (b) and (3) (a) and (b), 330.03 (title) and (1) (a) to (c) and (Note) and (2) and (3) and (4) (intro.) and (a) to (c), 330.05 (1) and (2), 330.06, 330.08 (title) and (3) (intro.) and (a) to (c), Subch. VII (title), 330.09 (title) and (1) (intro.) and (a) to (c) and (2) and (3) and (4) (a) and (b) and (c) 5. to 7. and (d) 1. and 5., Subch. VIII (title), 330.12 (1) and (3) (a) and (b) and (d) and (4) and (6), 330.14 (1) (intro.) and (b) and (c) and (d) to (g) and (2) (a) (intro.) and (3) (a) and (b), 330.16 (1), and 330.23 and (Note); to repeal and recreate SPS 330.07, 330.09 (1) (d), 330.11, 330.12 (2), 330.13, and 330.14 (2) (b); and to create SPS 330.003 (4), 330.01 (5m) and (13g) and (Note) and (13r) and (14g) and (14r) and (15m) and (16m) and (17m) and (21c) and (21g) and (21n) and (21r) and (21w), 330.02 (Note) [2] and [3], 330.10 (2) (e) and (3), and 330.14 (1) (c) (Note) and (g) 1. to 5., relating to fire department safety and health.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Section 101.055, Stats.

Statutory authority:

Sections 101.02 (1), 101.055 (3) (a), and 101.11, Stats.

Explanation of agency authority:

Section 101.02 (1), Stats., authorizes the department to adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings.

Section 101.055 (3) (a), Stats., provides that the Department “shall adopt, by administrative rule, standards to protect the safety and health of public employees. The standards shall provide protection at least equal to that provided to private sector employees under standards promulgated by the federal occupational safety and health administration, ….” Chapter SPS 330, Wis. Adm. Code provides “minimum requirements for an occupational safety and health program for public sector fire department employees involved in fire department operations.” By contrast, private sector employer fire companies and fire departments are regulated under the federal Occupational Safety and Health Administration (OSHA) regulations.

Section 101.11, Stats., requires employers to furnish a safe place of employment and to adopt and use methods and processes reasonably adequate to ensure places of employment are safe and reasonably necessary to protect the life, health, safety, and welfare of employees and people who frequent public places of employment.

In addition to requiring the Department to adopt standards to protect the safety and health of public employees, section 101.055 (3) (a), Stats., requires the Department to “revise the safety and health standards adopted for public employees as necessary to provide protection at least equal to that provided to private sector employees under federal occupational safety and health administration standards.” The proposed rules amend and update the standards incorporated by reference in ch. SPS 330, as well as update the language in this chapter to provide clarity and improve consistency.

Related statute or rule:

Chapter SPS 332, Wis. Adm. Code, provides additional safety and health requirements for all public employees.

Plain language analysis:

Many of these revisions simply update industry standards and improve clarity, consistency, format, and organization of these modifications. Proposed revisions that are substantive in nature include the following:

Subchapter I – Purpose and Scope

• SPS 330.001 - Purpose

• “Covered” agencies are incorporated in the “Purpose” and “Scope” sections to reaffirm that this rule applies only to public sector fire department employers and their employees.

• SPS 330.002 – Scope

• Adds “employers” to fire department, fire companies, and employees as covered entities under this rule.

• Moves notes under s. 330.003 (2) to this section relating to private sector fire departments being regulated under federal OSHA.

• SPS 330.003 (1) and (2) - Application

• Repeals the “Covered” and “Not Covered” sections to avoid confusion and to align with the format used in other administrative rules.

• SPS 330.003 (4) - Global Deletion