CR 14-060 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

ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES,

ADOPTING RULES

CLEARINGHOUSE RULE 14-060

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ORDER

An order of the Department of Safety and Professional Services to repeal SPS 332.05 (3) and (4), 332.06, 332.11 (2), 332.16 (3), 332.22 (1) (b) and (2) (a), 332.26 (1), 332.28 (1) and (2), 332.32 (2), 332.35, 332.36, 332.38 (1) and (2), 332.39, and 332.50 (1) and Table 332.50-2;

to renumber SPS 332.01 (8) (a) to (e), 332.205, 332.22 (1) (a) and (2) (b), and 332.32 (1);

to renumber and amend SPS 332.01 (8) (intro.), 332.10, 332.11 (1), 332.22 (2) (intro.), 332.26 (intro.), 332.40, and 332.50 (2) and Table 332.50-1;

to consolidate, renumber, and amend SPS 332.23 (intro.) and (1); 332.25 (intro.) and (1); 332.28 (intro.) and (3); 332.30 (intro.) and (1); 332.32 (intro.) and (1); 332.37 (intro.) and (1); and 332.38 (intro.) and (3);

to amend SPS 332.003 (1); 332.05 (1) (intro.) and (a); 332.16 (14) and (16); 332.29 (intro.), (1), and (2); 332.33 (intro.); and 332.34 (intro.) and (2);

to repeal and recreate SPS 332.002, 332.003 (2), 332.01 (1) and (5) to (7), 332.05 (2), 332.21, and 332.24; and

to create SPS 332.003 (3), 332.01 (8) and (9), and 332.205 (3), relating to public-employee safety and health standards.

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ANALYSIS

Statutes interpreted:

  Section 101.055.

Statutory authority:

  Section 101.055 (3) and 227.11 (2) (a).

Explanation of agency authority:

  Section 101.055 (3) of the Statutes requires the Department to adopt, by rule, standards to protect the safety and health of public employees. The standards must provide protection that is at least equal to the protection which is provided to private-sector employees under standards promulgated by the federal Occupational Safety and Health Administration (OSHA) and must be revised as necessary to maintain that equivalent protection, except definitions for toxic substances cannot be based solely on the federal registry of toxic effects of chemical substances.  

Section 227.11 (2) (a) authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rules are considered necessary to effectuate the purpose of the statute.

Related statute or rule:

  Section 101.02 (15) (j) of the Statutes requires the Department to promulgate rules for constructing, altering, adding to, repairing, and maintaining safe public buildings and places of employment. Under this authority, the Department has promulgated chapters SPS 361 to 366, which establish statewide, uniform requirements for design, construction, maintenance, and repair of public buildings and places of employment – and chapter SPS 314, which establishes statewide minimum requirements for preventing unwanted fires in public buildings and places of employment.

  Chapter SPS 330 contains Wisconsin’s statewide safety and health requirements for public-sector fire department employees. That chapter applies to those employees in addition to the requirements in chapter SPS 332.

Plain language analysis:

  These proposed changes to chapter SPS 332 would primarily incorporate the July 1, 2010, editions of the following OSHA standards as replacements to the currently incorporated July 1, 2003, editions of these standards:

• Title 29 of the Code of Federal Regulations, Part 1904 – Recording and Reporting Occupational Injuries and Illnesses.

• 29 CFR 1910 – Occupational Safety and Health Standards.

• 29 CFR 1915 – Occupational Safety and Health Standards for Shipyard Employment.