Section
DWD 81.11 establishes treatment guidelines for inpatient hospitalization. This section includes general principles for inpatient hospitalization and specific requirements for hospital admission of patients with low back pain. The Health Care Provider Advisory Committee recommended modifying the Minnesota rules in this section to include that some patients who are in hospitals recovering from surgical, diagnostic, or other medical procedures, or are in observation status, are not in the clinical criteria for inpatient status and are therefore not considered patients or billed as patients.
Section
DWD 81.12 creates treatment guidelines for surgical procedures. This section includes spinal surgery, upper extremity surgery, and lower extremity surgery.
Section
DWD 81.13 creates treatment guidelines for chronic management. This section applies to all types of physical injuries with the purpose of making patients independent of health care providers for ongoing care and the patient to be returned to highest functional status reasonably possible. This section covers various chronic management modalities including home-based exercise programs, health clubs, computerized exercise programs, work conditioning and work hardening programs, chronic pain management programs, and individual or group psychological or psychiatric counseling.
Section
DWD 81.14 applies to the membership, appointment criteria, and role of the Health Care Provider Advisory Committee in advising the Worker's Compensation Division and the Worker's Compensation Advisory Council on modifying the treatment guidelines.
Summary of factual data and analytical methodologies. All of the proposed changes were approved by the Worker's Compensation Advisory Council. The Health Care Provider Advisory Committee suggested certain modifications to the treatment guidelines to conform with standard current medical practice.
Comparison with federal law. There are four federal worker's compensation programs. These are Federal Employees' Compensation Program, Longshore and Harbor Workers' Compensation Program, Federal Black Lung Benefits Program and Energy Employees Occupational Illness Program. There are no treatment guidelines that apply to treatment provided to injured employees under any of these programs.
Comparison with rules in adjacent states. Of the four adjacent states, Minnesota is the only state that has adopted worker's compensation treatment guidelines that apply to treatment provided to injured employees. Chapter
DWD 81 is modeled on the Minnesota parameters. Illinois, Iowa, and Michigan have not adopted worker's compensation treatment guidelines. About 20 states have adopted worker's compensation treatment guidelines. In some states the guidelines may be referred to as treatment parameters or protocols.
Effect on small business. The proposed rules may affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of small businesses. The Department's small business regulatory coordinator is Jennifer Jirschele, (608) 266-1023,
jennifer.jirschele@dwd.state.wi.us.
Analysis used to determine effect on small businesses. The amendments to Chapter
DWD 80 will have no effect on small businesses. The amendments are primarily technical corrections to conform to the current Chapter
102, Stats.
Any effect that Chapter
DWD 81 may have on small business will not be detectable or measurable. Chapter
DWD 81 could have the effect of reducing the rate of growth of health care costs for the treatment of injured employees for all employers, not just small employers. Department data shows that the following number of necessity of treatment disputes were sent out for review in the last three years: 102 in 2004; 71 in 2005; and 61 in 2006. We do not know if these cases involved large or small employers. For 2004 data shows there were 144,589 total work-related injuries (this number includes lost time and medical only) and the Department sent 102 necessity of treatment disputes out for review. The total number of lost time and medical only injuries for 2005 and 2006 is not yet available.
Fiscal Effect
The proposed rules will have no fiscal effect on state or local governments.
Agency Contact
Jim O'Malley, Section Chief
Worker's Compensation Legal Services
(608) 267-6704
Copies of the proposed rules. The proposed rules are available at the web site
http://adminrules.wisconsin.gov by typing “worker's compensation" 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:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
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 March 26, 2007, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Workforce Development
(Migrant Labor)
NOTICE IS HEREBY GIVEN that pursuant to ss.
103.905 (1) and
227.11 (2), Stats., the Department of Workforce Development proposes to hold a public hearing to consider changes affecting ch.
DWD 301, relating to migrant labor and affecting small businesses.
Hearing Information
Monday, March 19, 2007
1:30 p.m.
Madison
G.E.F. 1 Building, Room A415
201 E. Washington Avenue
Interested persons are invited to appear at the hearings 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.
Analysis Prepared by the Department of Workforce Development
Related statutes: NA
Explanation of agency authority. Pursuant to ss.
103.90 to
103.97, Stats., the Department of Workforce Development inspects and certifies all migrant camps in the state, ensures that migrant workers are provided with a work agreement that explains the required terms and conditions of employment, monitors and registers crew leaders who recruit migrant workers, ensures required field sanitation facilities are provided, and investigates complaints of apparent violations of migrant law. Section
103.905 (1), Stats., provides that the Department shall promulgate rules for the enforcement and implementation of 103.90 to 103.97, Stats.
Summary of the proposed rule. The proposed rule incorporates various explanatory guidelines that have been issued as labor alerts, updates obsolete references, and repeals provisions with obsolete compliance dates and provisions that conflict with the state building code. The substantive provisions include the following:
Under s.
103.915 (1) (a), Stats., a person subject to the section must provide a migrant worker with a written recruiting statement at the time of the worker's recruitment. The proposed rule clarifies that “recruitment" means a migrant worker is offered employment whether by personal contact, telephone, correspondence, or a recall notice due to a union contract. If recruitment is by telephone, the written worker agreement shall be furnished as soon as reasonably possible.
Under s.
103.915 (4) (a), Stats., migrant work agreements are required to include the approximate ending date of employment. The intent of the approximate ending date is to give migrant workers a reasonable idea of how long they will be employed so they can plan accordingly. In Wisconsin, many employers provide a bonus as an incentive to encourage migrant workers to work until the end of the season. The proposed rule provides that a work agreement may not state “until the end of the harvest" as a condition to receive a bonus because that defeats the intent of the approximate ending date of the required work agreement. A bonus may be conditioned on a worker continuing to work up to 7 days beyond the approximate ending date in the work agreement.
The proposed rule provides that only a single family may live in a one-family housing unit, except as approved by the department. A single family may include parents and their unmarried children, grandparents, unaccompanied married children, and dependent minor relatives. The department may allow other individuals to share a one-family housing unit with a family, taking into consideration respect for the integrity of the migrant family; privacy of the occupants; preference of family members; relationship of the occupants; size of the unit; health and safety concerns; the employer's justification; and compliance with other migrant camp rule provisions, fair housing law, and any other applicable law.
The current rule provides that all living quarters and service buildings shall be provided with permanently installed, operable heating equipment capable of maintaining a temperature of at least 70° F. The proposed rule lowers the required temperature to 68° F.
This proposed rule provides requirements on the placement of portable smoke detectors for migrant housing units that do not have permanently wired smoke detectors installed by a professional electrician at the time of construction. The portable smoke detectors shall be installed in each sleeping area of each housing unit or elsewhere in the unit within 6 feet of the doorway of each sleeping area and not in a kitchen; in the basement of each housing unit; and at the head of any stairway on each floor level of each housing unit. Each portable smoke detector shall be installed no closer than 3 to 12 inches from the ceiling, except a camp operator may follow a manufacturer's recommendation on the installation of a particular smoke detector in a different location if the camp operator provides the department's migrant labor inspector with proof of the manufacturer's installation recommendation at the time of the camp inspection.
Section
103.93 (2), Stats., provides that every employer shall furnish to each migrant worker at the time of payment of wages a written statement showing the amount of gross and net wages paid and each amount deducted or withheld for whatever purpose. The proposed rule clarifies that the wage statement may not combine information on wages earned by multiple members of a family.
The proposed rule requires that a summary of the migrant code shall be posted in a conspicuous place in all migrant labor camps or where the occupants report for work in a place easily seen by the camp occupants. The posting shall be on a form prescribed by the department and shall be in English and in the language of the camp occupants if other than English.
The current migrant rule contains provision that conflict with the state building code on the minimum ratio of persons per water closet, the number of urinals that may be substituted for toilet seats, the ratio persons per showerhead, and the ratio of persons per lavatory for new construction. Builders must comply with the stricter requirement of the state building code. The conflicting migrant provisions are repealed and references to the state building code are added.
Summary of related federal regulations. Federal regulations on migrant recruitment, migrant work agreements, payroll records, and provision of other information to migrant workers are found at
29 CFR Part 500. These regulations require each agricultural employer that employs migrant workers to post in a conspicuous place at the place of employment a poster provided by the Department of Labor that sets out the rights and protections for workers under the Migrant and Seasonal Agricultural Worker Protection Act,
29 USC 1801 et seq. A separate provision requires each employer that provides housing to migrant workers to post terms and conditions of the housing in a conspicuous place at the site of the housing. These regulations also require an itemized wage statement for each worker.
Owners of migrant worker housing constructed before April 3, 1980, may elect to comply with OSHA regulations at
29 CFR 1910.142 or Employment Training Administration (ETA) regulations at
20 CFR 654.404 et. seq. Migrant worker housing constructed on or after April 3, 1980, must comply with OSHA regulations. OSHA regulations require that a camp have adequate heating equipment during cold weather and require equipment capable of maintaining a temperature of at least 70.
Note: Complaint forms are available from the Department of Regulation and Licensing, Division of Enforcement, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department's website at:
http://drl.wi.gov.
Comparison with rules in adjacent states. Michigan's rules on migrant worker housing require a smoke detector within each shelter at a point centrally located in each corridor or area that provides access to rooms used for sleeping and at the top of a stairway where the second floor of a structure is intended to be occupied. Michigan also requires that a shelter and a common-use room that is used before May 31 or after September 1 be provided with heating equipment that is capable of maintaining a temperature of not less than 65° F.
Illinois requires a smoke detector within 15 feet of every room used for sleeping purposes. The detector must be installed on the ceiling and at least 6 inches fro many wall or on a wall between 4 and 6 inches from the ceiling. Every single-family residence shall have at least on smoke detector on every story, including basements but including unoccupied attics.
Iowa and Minnesota do not appear to have rules on the specific issues in the Department's proposed rules.
Summary of factual data and analytical methodologies. The proposed rules were recommended by the Council on Migrant Labor pursuant to s.
103.967, Stats.
Effect on small business. The proposed rule may affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of small businesses. The Department's small business regulatory coordinator is Jennifer Jirschele, (608) 266-1023,
jennifer.jirschele@dwd.state.wi.us.
Fiscal Effect
The proposed rules have no fiscal effect on state or local governments.
Contact Information
The proposed rules are available at the web site
http://adminrules.wisconsin.gov by typing “migrant labor" 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:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
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 March 20, 2007, will be given the same consideration as testimony presented at the hearing.
