Register January 2023 No. 805
Chapter SPS 332
PUBLIC EMPLOYEE SAFETY AND HEALTH
Subchapter I — Scope, Application and Definitions
Subchapter II — Administration and Enforcement
Subchapter III — General Requirements
SPS 332.15 OSHA Safety and health standards.
SPS 332.16 Wisconsin administrative code chapters.
SPS 332.17 Substitution of “secretary."
Subchapter IV — Amendments to OSHA Standards
SPS 332.20 Amendments to OSHA standards.
SPS 332.203 Safety and health program.
SPS 332.205 Recording and reporting occupational injuries and illnesses [
29 CFR 1904].
SPS 332.26 Spray finishing using flammable and combustible materials [
29 CFR 1910.107].
SPS 332.28 Permit-required confined spaces [
29 CFR 1910.146].
SPS 332.30 Medical services and first aid [
29 CFR 1910.151].
SPS 332.32 Handling materials – general [
29 CFR 1910.176].
SPS 332.33 General requirements for all machines [
29 CFR 1910.212].
SPS 332.34 Woodworking machinery requirements [
29 CFR 1910.213].
SPS 332.345 Commercial diving operations [
29 CFR 1910.401].
SPS 332.38 Specific excavation requirements [
29 CFR 1926.651].
Subchapter V — Incorporation of Standards by Reference
SPS 332.50 Incorporation of standards by reference.
Ch. SPS 332 Note
Note: Chapters Ind 1, 6, 11, 12, 35, 200, 220, 221, 225, 226, 1000 to 2000 and ILHR 32 as they existed on March 31, 1991 were repealed and a new chapter ILHR 32 was created effective April 1, 1991. Chapter ILHR 31 as it existed on August 31, 1995 was repealed and sections ILHR 32.61 to 32.70 were created effective September 1, 1995.
SPS 332.001
SPS 332.001 Purpose. This chapter establishes minimum occupational safety and health standards for public employees.
SPS 332.001 History
History: Cr.
Register, February, 1999, No. 518, eff. 3-1-99.
SPS 332.002
SPS 332.002 Scope. This chapter applies to all workplaces of public employers, except it does not apply to any of the following:
SPS 332.002(1)
(1) Workplaces under federal jurisdiction, Indian-sovereignty workplaces, or workplaces of the United States Postal Service.
SPS 332.002(2)
(2) A workplace while no employee is authorized to be there.
SPS 332.002 Note
Note: A private-sector employer's workplace is not considered to be a workplace of a public employer while any public-sector employees perform their work there, such as a safety inspection or investigation.
SPS 332.002 Note
Note: See chapter SPS 330 for additional safety and health standards for public-sector fire department employees.
SPS 332.002 History
History: Cr.
Register, February, 1999, No. 518, eff. 3-1-99;
CR 14-060: r. and recr.
Register August 2015 No. 716, eff. 9-1-15.
SPS 332.003(1)(1)
Retroactivity. The provisions of this chapter apply to all workplaces of a public employer whether existing prior to the effective date of this chapter or subsequently established, unless otherwise specified in this chapter.
SPS 332.003(2)(a)
(a) Where any rule written by the department differs from a requirement within a document referenced in this chapter, the rule written by the department shall govern.
SPS 332.003(2)(b)
(b) Where a provision of this chapter prescribes a general requirement and another provision of this chapter prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par.
(a).
SPS 332.003(2)(c)
(c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars.
(a) and
(b).
SPS 332.003 Note
Note: The Department and other state agencies may have additional rules that affect the design, construction, maintenance and use of places of employment, including chapters SPS 305, Licenses, Certifications, and Registrations; SPS 307, Explosives and Fireworks; SPS 314, Fire Prevention; SPS 316, Electrical; SPS 318, Elevators, Escalators, and Lift Devices; SPS 340, Gas Systems; SPS 341, Boilers and Pressure Vessels; SPS 343, Anhydrous Ammonia; SPS 345, Mechanical Refrigeration; SPS 375 to 379, Buildings Constructed Prior to 1914; SPS 381 to 387, Plumbing; SPS 390, Public Swimming Pools; and SPS 391, Sanitation. The Department's Division of Industry Services administers all of these listed codes. Under chapter SPS 314, fire chiefs – who are authorized deputies of the Department – are responsible for providing semiannual fire-prevention inspections of places of employment.
SPS 332.003(3)
(3) Interpretations. Under s.
101.02 (1), Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.
SPS 332.003 Note
Note: Section
101.02 (1) of the Statutes reads as follows: “The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings."
SPS 332.003 History
History: Cr.
Register, February, 1999, No. 518, eff. 3-1-99;
CR 04-009: am. (2)
Register August 2004 No. 584, eff. 9-1-04;
CR 14-060: am. (1), r. and recr. (2), cr. (3)
Register August 2015 No. 716, eff. 9-1-15.
SPS 332.01
SPS 332.01 Definitions. In this chapter:
SPS 332.01 Note
Note: Under s.
101.055 (2) (a), Stats., “agency" means an office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, and includes the legislature and the courts.
SPS 332.01(3)
(3) “Department" means the department of safety and professional services, unless otherwise specified.
SPS 332.01(4)
(4) “Place of employment" means any place as defined in s.
101.01 (11), Stats., and includes farms of a public employer where research or education takes place.
SPS 332.01 Note
Note: Under s.
101.055 (2) (b), Stats., “public employee" or “employee" means any employee of the state, of any agency or of any political subdivision of the state.
SPS 332.01 Note
Note: Under s.
101.055 (2) (c), Stats., “public employee representative" or “employee representative" means an authorized collective bargaining agent, an employee who is a member of a workplace safety committee or any person chosen by one or more public employees to represent those employees.
SPS 332.01 Note
Note: Under s.
101.055 (2) (b), Stats., (d) “public employer" or “employer" means the state, any agency or any political subdivision of the state.
SPS 332.01(8)
(8) “Secretary" means the secretary of the department of safety and professional services or an authorized representative.
SPS 332.01(9)
(9) “Workplace" means any site where public employees are required or directed to be by public employers to carryout assigned duties and functions, except a private-sector employer's workplace is not considered to be a workplace of a public employer while any public-sector employees perform their work there, such as a safety inspection or investigation.