001 - CR 17-067 Rule Text

- SPS 330.12 – Self-contained breathing apparatus (SCBA)

- This section relates to the OSHA-required Respiratory Protection program and makes the following significant revisions:

- Incorporates an OSHA requirement that fire departments must ensure that all fire fighters use SCBA when engaged in interior structural fire fighting or entering a hazardous atmosphere.

- Adds “quantitative” fit testing as an alternative method to “qualitative” fit testing for checking effectiveness of the seal of the SCBA facepiece.

- Clarifies that fit testing needs to be repeated in the event a fire fighter has a change in facial structure that could affect the seal of the facepiece, in accordance with OSHA standards.

- Section SPS 330.12 (2) is repealed and recreated to improve readability.

- Section SPS 330.12 (6) (a) is amended to include the option to use a portable radio for a means of continuous communication.

- SPS 330.13 – Personal alert safety system (PASS)

- This section relates to the standards for PASS devices and makes the following significant revisions:

- Moves the Life Safety Ropes, Harness, and Hardware section and under the portable equipment section.

- Moves the Eye, Face, and Hearing section and under the protective equipment section.

- Amends certain provisions for clarity and readability.

Subchapter IX – Emergency Operations

- SPS 330.14 – Emergency operations

- This section relates to the incident management, safety, and requirements for rescuing firefighters at emergency operations and makes the following significant revisions:

- Revises the term “incident command system” to “incident management system” to reflect industry terminology.

- Deletes and recreates a note relating to the source for NIMS training information.

- Revises the term “office in charge” to “incident commander” to reflect industry terminology and specifies the responsibility and authority to ensure overall safety at the scene of an emergency operation.

- Revises the term “qualified personnel” to an “incident safety officer” and requires the incident commander to assign an incident safety officer with specific responsibilities and authority.

- Revises a note relating to the source for high-visibility safety apparel information.

Subchapter XI – Medical

- 330.15 – Physical and medical capabilities

- Removes a note determined to be redundant, which states that the intent of this chapter is not to require annual physicals for fire fighters. The current rule does not include that requirement.

Subchapter XII – Member Assistance Referral Program

- 330.16 – Member assistance referral program

- Revises a provision to include mental health in the current list of health conditions that are to be included in a written member assistance referral program.

- Amends a provision to clarify that the employee assistance referral program includes “members” of a fire department in addition to fire fighters.

Summary of, and comparison with, existing or proposed federal regulation:

A comparison of ch. SPS 330 to counterpart OSHA provisions (e.g., 29 CFR 1903.3, 1903.8, 1903.11, 1904.4, 1910.95, 1910.132, 1910.133, 1910.134, 1910.40, 1910.151, 1910.155, 1910.156, and 1912.5) indicated that in most instances, SPS 330 meets OSHA requirements. In some cases, the certain provisions were modified to incorporate current OSHA terminology and conform to requirements.

Comparison with rules in adjacent states:

None of the four adjacent states have administrative rules that are specifically applicable to public fire department employees.

Illinois: All public employees are covered by the Illinois Occupational Safety and Health Act, which incorporates the federal OSHA standards as state administrative rules. Illinois reserves the right to deviate from OSHA standards if it promulgates alternate standards that are “at least as effective in providing safe and healthful employment and places of employment as a federal standard.”

Iowa: Iowa’s occupational safety and health standards are promulgated to conform to federal OSHA standards. Both public and private sector employees, including fire fighters, are subject to these OSHA-based standards.

Michigan: Michigan’s occupational safety and health standards adopt most federal OSHA standards by reference and differ only in the area of child labor. The Michigan standards apply to public and private employers, as well as all places of employment except domestic employment and in mines.

Minnesota: Minnesota’s occupational safety and health standards incorporate 29 CFR 1910 by reference and apply to public and private employers, as well as all places of employment except those where working conditions fall under the exclusive jurisdiction of the federal government.

Summary of factual data and analytical methodologies:

The department established a six-member advisory committee to review SPS 330 provisions, OSHA requirements related to fire department safety and health, and the national standards incorporated by reference in SPS 330. The department also reviewed similar rules in neighboring states and consulted with members of associations and volunteer fire departments to ensure the proposed revisions would not impose an undue hardship on these agencies.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The proposed rules were posted on the Department of Safety and Professional Services’ website for 14 days to solicit comments from businesses, representative associations, local governmental units, and individuals that may be affected by the rules.

These rule revisions would not have an effect on small business as the rule applies only to public sector employers. Section 101.055(2) (d), Stats., defines “public employer” to mean “…the state, any agency or any political subdivision of the state”; likewise, s. 101.055(2) (b), Stats., defines “public employee” as “any employee of the state, of any agency or of any political subdivision of the state.”  

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis document is attached.

Effect on small business:

These proposed rules are not expected to have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Mindy Allen, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

The deadline for submitting comments was November 16, 2017.

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TEXT OF RULE

SECTION 1. SPS 330.001 is amended to read:

SPS 330.001 Purpose. Pursuant to s. 101.055 (3) (a), Stats., the purpose of this chapter is to establish minimum safety and health standards for public sector fire department employers and their employees.

SECTION 2. SPS 330.003 (1) and (2) are repealed.

SECTION 3. SPS 330.003 (2) (Notes) are renumbered 330.002 (Note) [1] and [2] and, as renumbered, are amended to read:

SPS 330.002 (Note) Note [1]: Private sector employer fire companies and fire departments department employers and their employees are regulated under 29 CFR 1910, especially section CFR 1910.156, of the federal Occupational Safety and Health Administration (OSHA) regulations.

Note [2]: Most Many of the requirements of this chapter are based upon the National Fire Protection Association Standard NFPA No. (NFPA) 1500 −-Standard on Fire Department Occupational Safety and Health Program. The requirements of subch. XI are based upon and 29 CFR section 1910.156 (b) (2) of the OSHA regulations.

SECTION 4. SPS 330.003 (3) is amended to read:

SPS 330.003 (3) Conflicts. If requirements of the statutes, this chapter, or other Wisconsin administrative code chapters specify varying requirements, the requirement more protective of employee safety and health shall apply.