CR 14-060 Rule Text

Summary of factual data and analytical methodologies:

  These proposed rule changes were developed primarily by comparing the July 1, 2003, editions of the six OSHA standards that are currently incorporated into chapter SPS 332 – to the July 1, 2010, editions which are proposed to be incorporated in place of the 2003 editions. All of the Department’s current modifications of the 2003 editions were then analyzed in comparison to the 2010 editions, and in comparison to current best practices. These comparisons and analyses were then presented to and discussed with the Department’s Public Safety Advisory Council, and the Council’s resulting recommendations were incorporated into these proposed rule changes. The following organizations and agencies were represented on this Council:

City of Milwaukee

Department of Administrtion, Division of State Facilities

Department of Administrtion, State Risk Management

League of Wisconsin Municipalities

Madison Metropolitan Sewerage District

Municipal Electric Utilities of Wisconsin

University of Wisconsin System

Wisconsin Alliance of Cities

Wisconsin Association of School Boards

Wisconsin Counties Association

Wisconsin Rural Water Association

Wisconsin Towns Association

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

  These rule changes would apply only to public-sector employees and their employers, so any economic impacts on small business are expected to only be indirect.

Fiscal Estimate and Economic Impact Analysis:

  The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

  These rule changes are not expected to have an economic impact on small businesses as defined in section 227.114 (1) of the Statutes. The Department’s Regulatory Review Coordinator may be contacted by e-mail at [e-mail], or by calling [phone].

Agency contact person:

  Dan Smith, Administrative Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366; or at telephone [phone]; or by e-mail at [e-mail]; or by telecommunications relay services at 711.

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TEXT OF RULE

SECTION 1.

SPS 332.002 is repealed and recreated to read:

  SPS 332.002 Scope. This chapter applies to all workplaces of public employers, except it does not apply to any of the following:

  (1) Workplaces under federal jurisdiction, Indian-sovereignty workplaces, or workplaces of the United States Postal Service.

  (2) A workplace while no employee is authorized to be there.

  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.

  Note: See chapter SPS 330 for additional safety and health standards for public-sector fire department employees.

SECTION 2.

SPS 332.003 (1) is amended to read:

  SPS 332.003 (1) RETROACTIVITY. The provisions of this chapter shall apply to all places of employment and public buildings workplaces of a public employer whether existing prior to the effective date of this chapter or subsequently established or built, unless otherwise specified in this chapter.

SECTION 3.

SPS 332.003 (2) is repealed and recreated to read:

SPS 332.003 (2) CONFLICTS. (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.

(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).

(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).

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.

SECTION 4.

SPS 332.003 (3) is created to read:

SPS 332.003 (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.

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.”

SECTION 5.

SPS 332.01 (1) and (5) to (7) are repealed and recreated to read:

  SPS 332.01 (1) “Agency” has the meaning given in s. 101.055 (2) (a), Stats.

  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.

  (5) “Public employee” or “employee” has the meaning given in s. 101.055 (2) (b), Stats.

  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.

  (6) “Public employee representative” or “employee representative” has the meaning given in s. 101.055 (2) (c), Stats.

  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.

  (7) “Public employer” or “employer” has the meaning given in s. 101.055 (2) (d), Stats.

  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.