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 SPS 332.003Application.
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) (2)Conflicts.
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 332.01Definitions. In this chapter:
SPS 332.01(1) (1)“Agency" has the meaning given in s. 101.055 (2) (a), Stats.
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(2) (2)“Approved" means acceptable to the department.
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(5) (5)“Public employee" or “employee" has the meaning given in s. 101.055 (2) (b), Stats.
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(6) (6)“Public employee representative" or “employee representative" has the meaning given in s. 101.055 (2) (c), Stats.
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(7) (7)“Public employer" or “employer" has the meaning given in s. 101.055 (2) (d), Stats.
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.
SPS 332.01 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99; correction in (4) was made under s. 13.93 (2m) (b) 7., Stats., Register June 2002 No. 558; correction in (3), (8) (intro.) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 14-060: r. and recr. (1), (5) to (7), renum. (8) to SPS 332.17, cr. (8) and (9) Register August 2015 No. 716, eff. 9-1-15.
subch. II of ch. SPS 332 Subchapter II — Administration and Enforcement
SPS 332.05 SPS 332.05Inspections.
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 perform any of the following activities:
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.
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)Inspections.
SPS 332.05(2)(a) (a) Inspections, including the request for inspections, shall be handled in accordance with s. 101.055 (5), Stats.
SPS 332.05(2)(b) (b) Any orders resulting from an inspection shall be issued in accordance with s. 101.055 (6), Stats.
SPS 332.05 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99; CR 14-060: am. (1) (intro), (a), r. and recr. (2), r. (3), (4) Register August 2015 No. 716, eff. 9-1-15.
SPS 332.07 SPS 332.07Variances. 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 332.08Notices. 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 332.09Penalties. 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.
subch. III of ch. SPS 332 Subchapter III — General Requirements
SPS 332.15 SPS 332.15OSHA 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 332.16Wisconsin 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 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.
SPS 332.16(15) (15)Chapter SPS 335, Infectious Agents.
SPS 332.16(16) (16)Chapter SPS 341, Boilers 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; CR 14-060: r. (3), am. (14), (16) Register August 2015 No. 716, eff. 9-1-15.
SPS 332.17 SPS 332.17Substitution of “secretary." For the purpose of this chapter, substitute the term “secretary" for the following titles referenced in the adopted standards of s. SPS 332.50:
SPS 332.17(1) (1)Secretary of labor;
SPS 332.17(2) (2)Assistant secretary of labor for occupational safety and health, U.S. department of labor;
SPS 332.17(3) (3)Director of the office of standards development, occupational safety and health administration, U.S. department of labor;
SPS 332.17(4) (4)Area director, occupational safety and health administration; and
SPS 332.17(5) (5)Director of the national institute for occupational safety and health, U.S. department of health and human services.
SPS 332.17 History History: CR 14-060: renum. from SPS 332.01 (8) and am. Register August 2015 No. 716, eff. 9-1-15.
subch. IV of ch. SPS 332 Subchapter IV — Amendments to OSHA Standards
SPS 332.20 SPS 332.20Amendments 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 332.203 SPS 332.203Safety and health program. This is a department rule in addition to the requirements in 29 CFR 1910, 1915, 1917, 1926 and 1928: 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 elements for hazard identification and assessment, hazard prevention and control, and information and training.
SPS 332.203 History History: CR 14-060: renum. from 332.11 (1) and am. Register August 2015 No. 716, eff. 9-1-15.
SPS 332.205 SPS 332.205Recording and reporting occupational injuries and illnesses [29 CFR 1904].
SPS 332.205(1)(1)Sections 29 CFR 1904.1 and 1904.2 are not included as part of this chapter.
SPS 332.205(2) (2)This is a department rule in addition to the requirements in 29 CFR 1904: Pursuant to s. 101.055 (7) (a), Stats., 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 332.205 Note Note: Public sector employers may report work-related injuries and illnesses via the online reporting system at widoa.force.com/dsps/login or on form SBD-10710A, which is available on the department's website at dsps.wi.gov, or by request from the Department of Safety and Professional Services, P. O. Box 7302, Madison, Wisconsin 53707-7302, or call (608) 266-2112.
SPS 332.205(3) (3)Substitute the following wording for the requirements in 29 CFR 1904.39(a): Within 8 hours after the death of any employee from a work-related incident or the in-patient hospitalization of 3 or more employees as a result of a work-related incident, the employer shall orally report the fatality or multiple hospitalization by telephone or in person to the department.
SPS 332.205 Note Note: Fatalities and hospitalizations are to be reported to the Department's Division of Industry Services at P.O. Box 7302, Madison, WI 53707-7302. The Division can be contacted at telephone 608/266-3151 or 877/617-1565 or 411 (Telecommunications Relay) during normal business hours. During nonbusiness hours, report fatalities and hospitalizations to Wisconsin Emergency Management, which can be contacted at 800/943-0003.
SPS 332.205 History History: CR 01-062: cr. Register June 2002 No. 558, eff. 7-1-02; CR 14-060: r. and recr. (title), renum. (intro.) to (1), renum. 332.10 to 332.205 (2) and am., cr. (3) Register August 2015 No. 716, eff. 9-1-15.
SPS 332.21 SPS 332.21General requirements [29 CFR 1910.22 and 1926.20]. These are department rules in addition to the requirements in 29 CFR 1910.22 and 1926.20:
SPS 332.21(1) (1)Any employee who works on highways, roads, streets or their easements, including any of these workplaces that are not permanent places of employment, shall be provided with and wear an approved traffic-safety vest, or other clothing or equipment that provides equivalent high visibility of the employee.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.