Illinois, Minnesota and Michigan have adopted “safe crib" laws that ban unsafe cribs, including cribs banned by this rule.
Elastic tether toys
Illinois bans elastic tether toys, also known as “yo-yo waterballs" (New Jersey has a similar ban).
Lead in children's products
Illinois and Michigan ban children's products containing more than 600 ppm lead by weight. None of the other surrounding states regulates the lead content of children's products. However, some other states have enacted more stringent bans:
•
Washington bans children's products containing more than 90 ppm lead by weight.
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Connecticut bans children's products containing more than 300 ppm lead by weight (or 100 ppm after 2 years). The Connecticut law is consistent with federal legislation and this rule.
Data and analytical methodologies
DATCP relies on incident data from consumer complaints and from the federal consumer product safety commission. DATCP uses test methods prescribed by federal rules, or by relevant industry standards (ASTM standards, published by ASTM International).
Small Business Impact
This rule may have an adverse impact on some businesses that manufacture, sell or distribute articles banned by this rule. Some of those businesses may be “small businesses."
Manufacturing Industry
This rule creates new regulations which prohibit the sale of consumer products that do not meet federal regulations or the current industry consensus standards for baby walkers, toys containing magnets, yo-yo elastic tether toys, cribs, and toys containing lead. In addition, the rule bans the sale of lawn darts.
This rule will require manufactures to change designs and formulas for their products if they do not currently comply with the federal regulations and current industry consensus standards if they plan to distribute product to Wisconsin. As the federal regulations have been in place for some time, most manufacturers already have systems in place to verify that current and new product complies with the federal standards. In addition, many manufactures actively participate in the process for developing the industry consensus standards and are already complying with those standards. Finally, as many states already have laws in place requiring cribs to meet current industry consensus standards and governing lead levels in toys, manufacturers are currently developing products that are in compliances with those states. Those products would also be in compliance with this rule. \This rule will benefit the manufacturing industry by providing clear guidance in designing and selling a compliant and safe product. Providing federal and industry consensus standards in the rule will provide industry with a clear understanding of how it may comply with Wisconsin safety standards. It will also provide for harmonious standards among various governing bodies making it easier for manufactures to comply.
Retailers
This rule creates new regulations which prohibit the sale of consumer products that do not meet federal regulations or the current industry consensus standards for baby walkers, toys containing magnets, yo-yo elastic tether toys, cribs, and toys containing lead. In addition, the rule bans the sale of lawn darts.
Under current rules, retailers are already prohibited from selling a number of unsafe and hazardous products in Wisconsin. This rule will add to that list, however, many of the products being added are already regulated by federal rules. Those products that are not currently regulated by federal rules, and are either banned in other states or have industry consensus standards to guide retailers on what is considered a safe product. In addition, many retailers actively participate in the process for developing the industry consensus standards and are already purchasing products that comply with those standards.
For many years national retailers have needed to have systems in place to assure the products they sell in Wisconsin are in compliance with Wisconsin laws. By including federal and industry consensus standard in the rule retailers will be able to request certificates of compliance with Wisconsin laws from distributors and manufactures when buying product for sale. In addition, they will be able to confer with testing laboratories to assure that product complies with Wisconsin law when designing and ordering product for their own store labels.
Accommodation for Small Business
Overall, this rule prohibits the sale of unsafe toys and other articles that present a hazard and unreasonable risk of personal injury. In many cases, these children's products, as well as several of the children's products currently banned by the rule, have become regulated by the federal rules. In addition, industry consensus standards have been developed which further describe the types of durable children's products, toys and toy components that create unacceptable hazards. This rule will provide clear guidance for individual businesses, including small businesses, in designing and selling a compliant and safe product that will comply with the rule. Overall, this rule has few adverse impacts on small business.
This rule may have some adverse effects on some small businesses (especially resale and thrift stores). If consumers have any consumer products in their homes which do not comply with the rule and donate them to a resale or thrift store, the store will have an obligation to determine if the product is in compliance with the rule. If the product is not in compliance with the rule they will not be permitted to sell the product in Wisconsin. This could create an increase in the volume of refuse a store has to process.
However, over the years the department has worked with resale and thrift stores on various education campaigns to decrease the amount of unsafe product that is turned around. The department has created a poster that highlights 12 unsafe products, including products covered by this rule, to educate both store employees and consumers who donate goods. These campaigns have helped the stores make safe product available to consumers. These posters will be available for resale and thrift store owners to post.
This rule is needed to protect consumers from unsafe toys and other articles that present a hazard and unreasonable risk of personal injury. A majority of the products contained in the rule are intended for use by children. Children are at a disadvantage as they are unable to evaluate risk.
Although this rule may have some adverse effects on some small businesses, those effects are generally minimal and are outweighed by the need to prevent the potential for injury and death. DATCP has not exempted small businesses, because the risk of injury and death is unrelated to business size.
Fiscal Estimate
This rule will not have significant fiscal impact on DATCP or local units of government.
Notice of Hearing
Workforce Development
Public Works Construction Contracts,
Chs. DWD 290-294
NOTICE IS HEREBY GIVEN that pursuant to ss.
66.0903 (5) and
103.49 (3g), Stats., the Department of Workforce Development proposes to hold a public hearing on emergency and proposed permanent rules to consider the amendment of s.
DWD 290.155 (1), relating to the adjustment of thresholds for application of prevailing wage rates.
Hearing Information
Date
|
Location
|
February 12, 2009
Thursday
1:30 PM
|
G.E.F. 1 Bldg., B103
201 East Washington Avenue
Madison, WI
|
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Copies of Proposed Rule
The proposed rules are available at the web site
http://adminrules.wisconsin.gov by typing “prevailing wage" in the search engine. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule by contacting:
Howard Bernstein
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 266-9427
Submission of Written Comments
Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov web site no later than February 12, 2009, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Workforce Development
Statutes interpreted
Statutory authority
Explanation of agency authority
The prevailing wage laws require that when a state agency or local governmental unit contracts for the erection, construction, remodeling, repairing, or demolition of a public works project it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Sections
66.0903 (5) and
103.49 (3g), Stats., set initial estimated project cost thresholds for application of the prevailing wage rate requirements and direct the Department to adjust the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. Pursuant to s.
DWD 290.15, the Department adjusts the thresholds based on changes in the construction cost index published in the
Engineering News-Record, a national construction trade publication.
Summary of the proposed rule
Section
DWD 290.155 (1) currently provides that the prevailing wage rate requirements do not apply to any single-trade public works project for which the estimated cost of completion is below $45,000 and do not apply to any multi-trade public works project for which the estimated cost of completion is below $221,000. This rule adjusts the thresholds from $45,000 to $48,000 for a single-trade project and from $221,000 to $234,000 for a multi-trade project based on a 5.71% increase in the construction cost index between December 2007 and December 2008.
Comparison with federal regulations
The federal prevailing wage law applies to a federal public works project for which the contract is greater than $2,000. This threshold is in statute and is rarely adjusted.
Comparison with laws in adjacent states
Minnesota
Minnesota has a statutory threshold of $2,500 for a single-trade project and $25,000 for a multi-trade project.
Illinois
Illinois does not have a threshold in its prevailing wage law. The law covers public works projects and defines public works projects as projects financed under various other specified laws.
Michigan
Michigan does not have a threshold in its prevailing wage law. The law covers projects that must be bid and relies on other agencies to determine the thresholds for what projects must be bid.
Iowa
Iowa does not have a prevailing wage law.
Summary of factual data and analytical methodologies
The thresholds are increased based on the national inflation rate in the construction industry. The Department uses the construction cost index in the Engineering News-Record, a national construction trade publication, to determine the inflation rate.
Small Business Impact
The proposed rule does not affect small businesses.
Fiscal Estimate
Under the proposed and emergency rules, a state agency or local governmental unit contracting for the construction of a single-trade public works project that costs more than $45,000 but less than $48,000 or a multi-trade project that costs more than $221,000 but less than $234,000 will not be covered by the prevailing wage requirement.
Agency Contact Person
Julie Eckenwalder, Section Chief, Construction Wage Standards Section, (608) 266-3148, Julie.Eckenwalder@ dwd.wisconsin.gov.
