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:
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; and
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(2) (2)Participation in inspections. Pursuant to s. 101.055 (5), Stats., a representative of the employer, an employee, or an employee representative shall be provided an opportunity to accompany a department inspector on any inspection made under this chapter.
SPS 332.05(3) (3)Requests for inspections.
SPS 332.05(3)(a)(a) Any person who believes a safety or health standard or variance is being violated, or that a situation exists which poses a recognized hazard likely to cause death or serious physical harm, may request the department to conduct an inspection.
SPS 332.05(3)(b) (b) If an employee or employee representative requesting an inspection so designates, that person's name may not be disclosed to the employer or any other person, including any state agency except the department.
SPS 332.05(3)(c) (c) When determined necessary by the department, a request for inspection shall be made on a form provided by the department.
SPS 332.05 Note Note: The complaint registration form (SBD-192) is available at the Department's Web site at http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 332.05(4) (4)Orders. The department shall issue orders for violation of this chapter in accordance with s. 101.055 (6), Stats.
SPS 332.05 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99.
SPS 332.06 SPS 332.06 Posting department order. Upon issuance of an order of noncompliance, the employer shall post a copy of the order in accordance with s. 101.055 (6) (a) 1., Stats.
SPS 332.06 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99.
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 332.10 SPS 332.10 Injury and illness report. Pursuant to s. 101.055 (7) (a), Stats., and beginning January 1, 2004, 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 332.10 Note Note: Form SBD-10710 is available from, and the report can be returned to, the Division of Industry Services at P.O. Box 7302, Madison, WI 53707-7302; or at telephone 608/266-3151 or 877/617-1565 or 411 (Telecommunications Relay); or at the Division's Web site at http://dsps.wi.gov/programs/industry-services.
SPS 332.10 History History: CR 01-062: cr. Register June 2002 No. 558, eff. 7-1-02.
SPS 332.11 SPS 332.11 Safety and health program.
SPS 332.11(1)(1)Basic requirement. 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, but not be limited to, elements for hazard identification and assessment, hazard prevention and control, and information and training.
SPS 332.11(2) (2)Contact person. The employer shall designate an employee who the department can contact regarding the safety and health program.
SPS 332.11 History History: CR 04-009: cr. Register August 2004 No. 584, eff. 9-1-04.
subch. III of ch. SPS 332 Subchapter III — General Requirements
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(1) (1)Chapter SPS 307, Explosives and Fireworks.
SPS 332.16(2) (2)Chapter SPS 308, Mines, Pits and Quarries.
SPS 332.16(3) (3)Chapter Comm 9, Manufacture of Fireworks.
SPS 332.16 Note Note: Ch. Comm 9 was repealed eff. 3-1-08 and a new Comm 9, now ch. SPS 309, subsequently created eff. 7-1-11, relating to anchoring or securing of movable soccer goals.
SPS 332.16(5) (5)Chapter SPS 340, Gas Systems.
SPS 332.16(8) (8)Chapter SPS 314, Fire Prevention.
SPS 332.16(10) (10)Chapter SPS 316, Electrical.
SPS 332.16(11) (11)Chapter SPS 318, Elevator.
SPS 332.16(12) (12)Chapter SPS 330, Fire Department Safety and Health.
SPS 332.16(13) (13)Chapter SPS 333, Passenger Ropeways.
SPS 332.16(14) (14)Chapter SPS 334, Amusement Rides and Attractions.
SPS 332.16(15) (15)Chapter SPS 335, Infectious Agents.
SPS 332.16(16) (16)Chapter SPS 341, Boiler and Pressure Vessels.
SPS 332.16(17) (17)Chapter SPS 343, Anhydrous Ammonia.
SPS 332.16(18) (18)Chapter SPS 345, Mechanical Refrigeration.
SPS 332.16(19) (19)Chapters SPS 361 to 366, Wisconsin Commercial Building Code.
SPS 332.16(20) (20)Chapters SPS 381 to 387, Plumbing.
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.
subch. IV of ch. SPS 332 Subchapter IV — Amendments to OSHA Standards
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 332.205 SPS 332.205Partial exemption from keeping records [29 CFR 1904.1 and 1904.2]. Sections 29 CFR 1904.1 and 1904.2 are not included as part of this chapter.
SPS 332.205 History History: CR 01-062: cr. Register June 2002 No. 558, eff. 7-1-02.
SPS 332.21 SPS 332.21 General requirements [29 CFR 1910.22]. This department rule is in addition to 29 CFR 1910.22:
SPS 332.21(1) (1) No person may work on the surface of any structural member, floor, or other working platform which has become slippery from ice, snow, frost, paint or other cause, unless the surface is cleaned, sprinkled with sand or made nonslippery insofar as the nature of the work will permit.
SPS 332.21 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99.
SPS 332.22 SPS 332.22 Portable ladders [29 CFR 1910.25 and 1910.26].
SPS 332.22(1)(1) Application.
SPS 332.22(1)(a)(a) The requirements of 29 CFR 1910.25 and 1910.26 also apply to portable fiberglass ladders.
SPS 332.22(1)(b) (b) The requirements of this section apply to portable ladders constructed of wood, metal or fiberglass.
SPS 332.22(2) (2)Use of ladders. These department rules are in addition to 29 CFR 1910.25 and 1910.26:
SPS 332.22(2)(a) (a) The ladder base section shall be placed with a secure footing. Safety shoes shall be installed on all ladders.
SPS 332.22 Note Note: Non-slip bases are not intended as a substitute for care in safely placing, lashing or holding a ladder that is being used upon oily, metal, concrete or other slippery surfaces.
SPS 332.22(2)(b) (b) 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 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99.
SPS 332.23 SPS 332.23 Fixed ladders [29 CFR 1910.27]. This department rule is in addition to 29 CFR 1910.27 (e) (2):
SPS 332.23(1) (1) 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.
SPS 332.24 SPS 332.24 Ventilation [29 CFR 1910.94]. These department rules are in addition to 29 CFR 1910.94:
SPS 332.24(1) (1)Approval of plans.
SPS 332.24(1)(a)(a) Plans in quadruplicate and one set of specifications for exhaust ventilation equipment installed, remodeled or moved under this chapter shall be submitted to the department for approval before the affected work is commenced, and all work shall be executed according to the approved plans and specifications.
SPS 332.24(1)(b) (b) A complete set of plans bearing the stamp of approval and a copy of the specifications shall be kept at the building site or shall be available at an alternate location for inspection by an authorized representative of the department.
SPS 332.24 Note Note: See chs. SPS 361 to 366 for complete plan submittal and ventilation requirements.
SPS 332.24(2) (2)Exhaust ventilation at source of contamination and make-up air.
SPS 332.24(2)(a)(a) Except as provided in sub. (5) (d), local exhaust ventilation ductwork specifically designed for the removal of harmful dusts, fumes, vapors and gases shall be maintained at a negative pressure through occupied areas.
SPS 332.24(2)(b) (b) A volume of tempered outside air shall be supplied to replace the air exhausted if the total volume of air exhausted exceeds one air change per hour. The quantity of make-up air shall equal at least 90% of the air exhausted.
SPS 332.24(2)(c) (c) Tempered make-up air shall be installed to insure that the flow of exhaust air effectively picks up harmful dusts, fumes, vapors and gases.
SPS 332.24(3) (3)Separation of exhaust systems. There shall be no connection between exhaust systems or ducts that convey different materials from separate operations, the combination of which may produce explosive, heat generating, corrosive, poisonous or otherwise dangerous mixtures.
SPS 332.24(4) (4)Disposal of exhaust material.
SPS 332.24(4)(a)(a) All dusts, fumes, vapors and gases from local exhaust ventilation systems installed under this section shall be disposed of in a manner to eliminate the health hazards from occupied areas. Dust collecting systems shall separate the dust from the air before the air is discharged from the exhaust system.
SPS 332.24(4)(b) (b) Except as provided in par. (c), all local exhaust ventilation systems shall discharge to the outside atmosphere.
SPS 332.24 Note Note: The state Department of Natural Resources and the federal Environmental Protection Agency have regulations relating to ambient air quality and emissions of air contaminants.
SPS 332.24(4)(c) (c) Recirculation of contaminated air from local exhaust ventilation systems may be permitted where the exhaust system washes, scrubs or filters the air. Systems of this type shall perform in accordance with ANSI/AIHA Z9.7. Cleaning systems designed in accordance with other standards may be permitted if approved by the department.
SPS 332.24(5) (5)Ventilation for kilns.
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