An order repealing and recreating ch. DOD 13, relating to the volume cap on private activity bonds.
Effective 03-01-96.
An order repealing and recreating ch. HSS 343, relating to the conduct of youth on aftercare supervision following their release from youth correctional institutions, and revocation of a youth's aftercare for violation of a rule or special condition of aftercare.
Effective 03-01-96.
An order creating s. HSS 110.045, relating to the qualifications of medical directors of ambulance services that provide services beyond basic life support services.
Effective 03-01-96.
Industry, Labor & Human Relations
(CR 95-172):
An order affecting chs. Ind 72 and ILHR 272, relating to the minimum wage, subminimum wage licenses for rehabilitation facilities, and employment in home care premises.
Effective 03-01-96.
Insurance, Office of the Commissioner of
(CR 95-175):
An order amending ss. Ins 6.57, 6.58 and 6.59, relating to the fees for listing insurance agents, fees for the renewal of corporation licenses and other licensing procedures.
Effective 03-01-96.
An order affecting ch. NR 203, relating to changes to notice procedures and holding public informational hearings for nonsubstantive WPDES permit modifications.
Effective 03-01-96.
An order affecting ch. NR 149 and ss. NR 219.04, 219.05, 219.06 & 700.13, relating to:
1) Laboratory certification and registration;
2) Sample preservation procedures;
3) Analytical methodology; and
4) Laboratory procedures.
Effective 03-01-96.
An order affecting chs. NR 700, 708, 712, 714, 716, 718, 720, 722, 724, 726, 728, 738 and 750, relating to the assessment and collection of fees and the establishment of application review procedures for the contaminated land recycling program.
Effective 03-01-96.
An order repealing and recreating s. NR 1.40 (2), relating to Natural Resources Board policies for land acquisition.
Effective 03-01-96.
An order affecting ch. NR 51, relating to the stewardship program.
Effective 03-01-96.
An order creating s. NR 728.11, relating to actions taken by the Department to implement chs. NR 700 to 736.
Effective 03-01-96.
An order repealing and recreating s. NR 10.01 (1) (b), (g) and (u), relating to the 1995 migratory game bird season.
Effective 03-01-96.
An order affecting ch. NR 50 and s. NR 190.09, relating to the outdoor recreation, snowmobile and lake planning grants.
Effective 03-01-96.
An order affecting ss. NR 1.21, 1.212 and 1.213, relating to the administration of private forestry assistance.
Effective 03-01-96.
An order affecting ss. Phar 6.02, 8.05 and 13.02, relating:
1) To licensing outpatient hospital pharmacies;
2) To the time in which a controlled substance listed in schedule II must be dispensed; and
3) To exempting certain pharmacies from the distributor licensing requirements when selling prescription drugs to practitioners for office dispensing.
Effective 03-01-96.
An order affecting s. Psy 4.02, relating to continuing education.
Effective 03-01-96.
An order creating ss. PD 6.01, 6.02, 6.03, 6.04 and 6.05, relating to the repayment of cost of legal representation.
Effective 03-01-96.
An order creating s. PD 3.039, relating to the redetermination of indigency during the course of representation.
Effective 03-01-96.
An order amending ss. Trans 149.03, 149.04 and 149.06, relating to the inspection of a repaired salvage vehicle; and repealing ch. MVD 5 and creating ch. Trans 305, relating to standards for motor vehicle equipment.
Effective 03-01-96.
An order affecting ch. Trans 140, relating to the security requirements for motor vehicle dealers and other licensees and the conditions under which financial statements may be required.
Effective 03-01-96.
Final Regulatory Flexibility Analyses
1.
Agriculture, Trade & Consumer Protection
(CR 95-17)
Ch. ATCP 29 - Pesticide worker protection and pesticide application site posting.
Summary of Final Regulatory Flexibility Analysis:
Types of businesses that will be affected by the rule change.
Any owner or employer of any agricultural establishment that uses pesticides whose label requires both posting and oral notification would be affected by this rule.
Reporting, record keeping and other procedures required for compliance with the rules.
Posting of Treated Areas:
Under the new federal Worker Protection Standards (WPS), all agricultural pesticides must be labeled with a restricted entry time interval. An employer may not allow workers to enter a treated area until the restricted entry interval has expired. In order to prevent workers from entering a treated area, an employer must orally warn the workers or post warning signs at entrances to the treated areas. Labels for acutely toxic pesticides require “dual notice” to workers, including both posting and oral warnings.
This rule changes current state posting requirements for agricultural pesticide applications, so that posting is required for agricultural pesticides labeled with a “dual notice” requirement. This rule retains current posting requirements for all nonagricultural pesticide applications (e.g., structural and lawn care applications).
This rule change current state standards for warning signs, other than lawn care signs. The new warning signs must be at least 8 1/2” by 11” in size. Sites subject to the WPS must be posted according to the WPS. Other sites where posting is required may be posted with either a WPS sign, or a non-WPS sign as specified in the rule. The non-WPS sign specification are flexible to allow incorporation with other warning signs required for chemigation sites or no trespassing signs.
Under this rule, posting would be required whenever:
Posting is required under the federal worker protection standards.
The pesticide label requires “dual notice” to agricultural workers and the application site is located within 100 feet of a public road or within 300 feet of a residence, migrant labor camp, school, day care facility, health care facility, commercial or industrial facility, public recreation area or other nonagricultural area routinely frequented by humans.
The area is treated with a nonagricultural pesticide whose label specifies a time interval for safe reentry.
The pesticide label requires that the treated area be posted.
Under this rule, sites subject to the WPS must be posted with WPS warning signs not more than 24 hours before an application occurs and must be covered or removed no more than 3 days after the restricted entry interval has expired. Other sites where posting is required may be posted with either WPS signs or non-WPS signs. If WPS signs are used they must be posted and removed as indicated above. If non-WPS signs are used they must be posted prior to the pesticide application and can remain posted indefinitely.
Agricultural Emergencies; Early Entry
Under WPS, states may declare a situation to be an “agricultural emergency” where worker entry is allowed to carry out certain tasks during restricted entry intervals. The rule defines “agricultural emergencies” and establishes conditions that must be met prior to allowing early entry.
This rule serves as a generic “declaration of emergency.” If the emergency conditions specified in this rule are met, no further state agency declaration is needed in order for an agricultural employer to allow early entry of workers into a treated area. However, even in an “agricultural emergency,” the early entry must comply with federal worker protection standards which are incorporated by reference in this rule.
Under this rule, if agricultural workers enter a treated area in response to an “agricultural emergency”, the agricultural employer must provide a written report of early entry to DATCP.
Safety Training:
Under the WPS, pesticide safety training is required for agriculture workers and pesticide handlers. Training must comply with minimum standards, and must be provided by an approved trainer. This rule establishes minimum qualifications for provided by an approved trainer. This rule establishes minimum qualifications for approved trainers. It also requires agricultural employers, handler employers and trainers to keep specified training records.
Types of professional skills necessary for compliance with the rules.
No additional skills beyond the pesticide applicator certification currently required under ch. ATCP are needed.
Summary of Comments from Legislative Committees:
The rule was referred to the Senate Committee on Transportation, Agriculture and Local Affairs on September 26, 1995 and to the Assembly Committee on Agriculture on October 10, 1995. the department received no formal comments from either committee.
