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 17-067)
PROPOSED ORDER
An order of the department to repeal SPS 330.003 (1) and (2), 330.01 (4) (Note) and (13) and (17) (a) to (c) 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) and (4) (b), 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), 330.03 (1) (c) (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) (intro.) 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 (d), Subch. VII (title), 330.09 (title) and (1) (intro.) and (a) to (c) and (2) and (3) and (4) (a) 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) (intro.) and (a) and (b), 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 (1m) and (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], 330.03 (1) (d) (Note), 330.10 (2) (e) and (3), 330.12 (3) (title) and (4) (title) and (6) (title), 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:
Statutory authority:
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:
The proposed rule revisions primarily update national standards incorporated by reference, clarify agencies covered under this chapter, codify the Department’s administrative and regulatory practices relating to the minimum training standards, update provisions to reflect current industry terminology, and incorporate OSHA language into certain provisions where needed for clarity.
The proposed rule also modifies certain definitions to improve phrasing as well as creates definitions to define new terms or terms currently used in rule but not previously defined. The proposed rule also amends or repeals certain provisions deemed to be burdensome for small, rural, or volunteer fire departments.
Additional rule modifications were made to correct outdated references, and improve clarity, consistency, and format. The proposed rule makes the following significant revisions:
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.
- 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 language and format used in other administrative rules.
- SPS 330.003 (4) - Global Deletion
Creates a provision relating to a global deletion for the NFPA standards to clarify that only the adopted standards incorporated under subch. IV apply to this chapter and does not include the several other secondary standards referenced within each of the NFPA standards.
Subchapter II – Definitions
- SPS 330.01 - Definitions
- Revises the following terms:
- “Basic life support” amends the definition to more appropriately reflect ch. 256, Stats., rather than s. 941.3, Stats. - Emergency operation”, “Fire apparatus”, “Fire fighter”, and “Fire fighting” are amended to reflect NFPA standards.
- Incident command system” is amended to “incident management system” to reflect NIMS and NFPA terminology.
- Member” is amended for clarity.
- “Occupational illness” and “Occupational injury” are amended to reflect OSHA terminology.
- Officer in command” and “Officer in charge” are amended to “incident commander” and the term, “Suggested operating guideline”, is amended to “standard operating guideline” to reflect industry terminology.
- Creates definitions for the following terms:
- “Ambulance service provider” is defined to reflect a term used in rule.
- “Fit test”, “Quantitative fit test”, “Qualitative fit test”, “Self-contained breathing apparatus” and “SCBA” are defined to reflect OSHA standards.
- “Hazard”, “Health and safety officer”, “Immediately dangerous to life or health”, “IDLH”, “Incident commander”, “Incident safety officer”, “Personal alert safety system”, and “PASS” are defined to reflect NFPA standards.
- “National Incident Management System” and “NIMS” are defined to reflect the Homeland Security Presidential Directive 5 (HSPD-5) mandate.
- “Qualified instructor” is defined to reflect a term used in rule.
- Repeals definitions for the following terms:
- “Fire Vehicle” is repealed and incorporated within the definition of “fire apparatus”.
- “New” is currently defined in s. SPS 330.08 to reference a specific date of April 1, 1991. The proposed rule amends this provision and eliminates the term “new”, making the definition obsolete. - “Officer in command” is repealed and replaced with “incident commander” to reflect industry terminology.
Subchapter III – Administration and Enforcement
- SPS 330.011 – Inspections
- Updates the rule and a note to incorporate the current practices relating to the online form used by the Department for complaints and requests for inspections.
