Register

Attorney David A. Ludwig

Telephone: [phone]

noticehead

N o t i c e S e c t i o n

Notice of Hearings

Commerce

(Public Employe Safety and
Health, Ch. Comm 32)

[CR 99-139]

Notice is hereby given that pursuant to ss. 101.02 (1) and 101.055 (3), Stats., the Department of Commerce announces that it will hold public hearings on the proposed revision of ch. Comm 32, relating to public employe safety and health.

Hearing Information

October 25, 1999   Room 3B, WHEDA Bldg.

Monday   201 W. Washington Ave.

10:00 a.m.   Madison

October 26, 1999   Room 105

Tuesday   Eau Claire State Office Bldg.

10:00 a.m.   718 W. Clairemont Ave.

  Eau Claire

Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until November 9, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.

These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or TTY at [phone] at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

A copy of the proposed rules may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701, telephone [phone] or [phone] (TTY). Copies will also be available at the public hearings.

Analysis

Statutory Authority: ss. 101.02 (1) and 101.055 (3)

Statute Interpreted: s. 101.055 (3)

The Department of Commerce is responsible for adopting standards to protect the safety and health of public employes in the state of Wisconsin. The adopted standards must provide protection at least equivalent to that afforded to private sector employes under standards administered and enforced by the federal Occupational Safety and Health Administration (OSHA).

Chapter Comm 32 currently contains general safety and health standards for all public employes through the incorporation by reference of several OSHA standards. Chapter Comm 32 also contains requirements that add to or modify the OSHA standards.

The proposed rules consist of revisions in chapter Comm 32, including the incorporation by reference of the new OSHA standards adopted since July 1, 1998. Those standards cover powered industrial truck operator training, permit-required confined spaces, and methylene chloride.

The proposed rules also contain revisions to current requirements relating to recirculation of contaminated air, ventilation for kilns, and ventilation for laboratory fume hoods.

Initial Regulatory Flexibility Analysis

1.   Types of small businesses that will be affected by the rules.

The proposed rules will not affect any small businesses as defined in section 227.114 (1)(a), Stats. The proposed rules apply to public sector employers and employes.

2.   Reporting, bookkeeping and other procedures required for compliance with the rules.

Not applicable.

3.   Types of professional skills necessary for compliance with the rules.

Not applicable.

Environmental Assessment

Notice is hereby given that the Department has prepared a preliminary environmental assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:

Robert Langstroth

Division of Safety & Buildings

Department of Commerce

P.O. Box 2599

Madison, WI 53701

Telephone [phone]

or TTY [phone]

Written comments will be accepted until November 15, 1999.

Fiscal Estimate

The Safety and Buildings Division currently administers and enforces the provisions of chapter Comm 32 as part of the public sector safety and health program. The proposed rules update the existing administrative rules now being enforced, with no new requirements that would affect costs or revenues. Therefore, the proposed rules will not have any fiscal effect on the Division.

At the local government level, there should be no significant fiscal effect. Some of the new requirements may result in additional costs in time and equipment for some local governments; however, these costs should be minimal.

Notice of Hearings

Corrections

[CR 97-158]

Notice is hereby given that pursuant to ss. 301.025 and 301.03 (10), Stats., and interpreting ch. 938, Stats., the Department of Corrections will hold four public hearings to consider the creation of chs. DOC 371 to 399, relating to juvenile corrections and delinquency-related services.

Hearing Information

October 28, 1999   Room 349

Thursday   GEF#3 Bldg.

9:00 a.m.   125 South Webster St.

  Madison, WI

November 10, 1999   Room 149

Wednesday   Marathon Co. Courthouse

10:00 a.m.   500 Forest St.

  Wausau, WI

November 16, 1999   Room G-034

Tuesday   County Human Services Bldg.

10:00 a.m.   721 Oxford Ave.

  Eau Claire, WI

November 19, 1999   First Floor Conference Room

Friday   DNR State Office Bldg.

10:00 a.m.   2300 North Dr. M.L.King, Jr. Dr.

  Milwaukee, WI

Information on parking and access for persons with physical disabilities is available by calling Jamie Wertel at [phone]. An interpreter for persons with hearing impairment will be available on request for the hearings. Please make reservations for an interpreter at least 10 days prior to the hearing.

Written Comments

The public record on this proposed rule-making will be held open until close of business November 26, 1999, to permit the submission of written comments from persons unable to attend the hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Shelley Hagan, Policy and Grants Coordinator, Division of Juvenile Corrections, Department of Corrections, 149 East Wilson Street, P.O. Box 8930, Madison, WI 53708-8930. Written comments may be faxed to [phone] or sent via electronic mail to [[e-mail]].

Analysis Prepared by the Dept. of Corrections

On July 1, 1996, several changes occurred in Wisconsin law that necessitated the creation of new administrative rules for juvenile corrections. The State juvenile corrections agency was transferred (by 1995 Wis. Act 27) from the Department of Health and Social Services to the Department of Corrections, making obsolete the administrative rules which formerly had governed juvenile corrections and delinquency-related services, Chapters HSS 49 and 331-348. Further, all delinquency-related law was removed from Chapter 48, Stats., the Children's Code, and recreated in Chapter 938, Stats., the Juvenile Justice Code, by 1995 Wis. Acts 77 and 352. The new Juvenile Justice Code had a statement of legislative purpose that was significantly different from the “best interest of the child" principle that governed Chapter 48, Stats. The legislative intent of Chapter 938, Stats., was to promote a “balanced approach" under which courts and agencies would give equal weight to protecting the public from juvenile crime, holding youth accountable for their actions, and building youth competency to live crime-free lives. In order to conform to the intent of the new Juvenile Justice Code and to current practice in juvenile corrections, creation of new administrative rules was deemed to be appropriate at this time.

1995 Wis. Act 352 permitted the Department of Corrections to operate under administrative policies and procedures in lieu of having promulgated administrative rules between July 1, 1996, and June 30, 1997, by which date the Department was to submit proposed rules to the Legislative Council for review. This deadline was extended until December 31, 1997, in 1997 Wis. Act 10. The Department submitted proposed rules to the Legislative Council on December 30, 1997, and has since modified the rules based on the comments received from the Council staff.

Topical list of rules:

DOC 371	Planning, assessment and case management, including release planning, for youth placed in state Type 1 secured juvenile correctional facilities (Type 1 facilities).
DOC 373	Youth conduct while placed in Type 1 facilities, including the process for addressing misconduct by youth.
DOC 374	Administrative confinement of Type 1 facility youth who pose a significant risk of harm to self or others, escape, or causing a disturbance.
DOC 375	The process of placing a Type 1 facility youth in observation status when the youth is suspected of being mentally ill and a danger to self or others, is exhibiting acute mental distress, or has a communicable disease.
DOC 376	Rules to be followed by Type 1 facility staff and youth in maintaining institution security and safety.
DOC 379	Youth resources while placed in Type 1 facilities including communication (mail, phone, visits), property, activities, health and diet, religious practice, and other living conditions.
DOC 380	Youth complaint procedure in Type 1 facilities under which youth complaints may be investigated and resolved.
DOC 381	Temporary release of youth from a Type 1 facility for furloughs, offgrounds activities, and trial visits.
DOC 383	Administration of psychotropic medication to youth in a Type 1 facility.
DOC 392	Rules for a drug testing program to be administered for delinquent youth by the State or by county departments as required by s. 938.34 (6s), Stats.
DOC 393	Juvenile aftercare provided by the State and by county departments for youth released from Type 1 facilities.
DOC 394	Designation of certain child caring institutions (CCIs) as Type 2 CCIs, and the treatment of youth who are placed in Type 2 CCIs by the juvenile court as required by s. 938.359 (6), Stats.
DOC 396	Supervision of youth placed in Type 2 correctional supervision in the community by the department.
DOC 397	Supervision programs for delinquent youth provided by county departments.
DOC 398	Rules for county intensive supervision programs, required by s. 938.534 (2), Stats.
DOC 399	Training of juvenile court intake workers as required by s. 938.06 (1) (am) and (2) (b), Stats.