1995 Wisconsin Act 27

CHAPTER 101
DEPARTMENT OF INDUSTRY, LABOR
AND HUMAN RELATIONS development —
regulation of industry,
buildings and safety

27,3611 Section 3611 . 101.01 (1) (intro.) of the statutes is renumbered 101.01 (intro.) and amended to read:

101.01 Definitions. (intro.)  In chs. 101 to 106 and 108 this chapter, the following words and phrases have the designated meanings unless a different meaning is expressly provided:

27,3612 Section 3612 . 101.01 (1) (a) of the statutes is renumbered 103.001 (1).

27,3613 Section 3613 . 101.01 (1) (b) of the statutes is renumbered 103.001 (2).

27,3614 Section 3614 . 101.01 (1) (c) of the statutes is renumbered 101.01 (1m) and amended to read:

101.01 (1m) “Department" means the department of industry, labor and human relations development.

27,3615 Section 3615 . 101.01 (1) (d) of the statutes is renumbered 101.01 (2m).

27,3616 Section 3616 . 101.01 (1) (e) of the statutes is renumbered 101.01 (7).

27,3617 Section 3617 . 101.01 (1) (f) of the statutes is renumbered 101.01 (8).

27,3618 Section 3618. 101.01 (1) (g) of the statutes is renumbered 101.01 (9).

27,3619 Section 3619 . 101.01 (1) (h) of the statutes is renumbered 101.01 (14) and amended to read:

101.01 (14) “Secretary" means the secretary of industry, labor and human relations development.

27,3620 Section 3620 . 101.01 (2) (intro.) of the statutes is repealed.

27,3621 Section 3621 . 101.01 (2) (a) of the statutes is renumbered 101.01 (3) and amended to read:

101.01 (3) The term “employe" shall mean and include every “Employe" means any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go or work or be at any time in any place of employment.

27,3622 Section 3622 . 101.01 (2) (b) of the statutes is renumbered 101.01 (4) and amended to read:

101.01 (4) The term “employer" shall mean and include every “Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employe.

27,3623 Section 3623 . 101.01 (2) (c) of the statutes is renumbered 101.01 (5) and amended to read:

101.01 (5) The term “employment" shall mean and include “Employment" means any trade, occupation or process of manufacture, or any method of carrying on such trade, occupation or process of manufacture in which any person may be engaged, except in such private domestic service as does not involve the use of mechanical power and in farm labor as used in par. (f) sub. (11).

27,3624 Section 3624 . 101.01 (2) (d) of the statutes is renumbered 101.01 (6).

27,3625 Section 3625 . 101.01 (2) (e) of the statutes is renumbered 101.01 (10) and amended to read:

101.01 (10) The term “owner" shall mean and include every “Owner" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district and other public or quasi-public corporations as well as any manager, representative, officer, or other person having ownership, control or custody of any place of employment or public building, or of the construction, repair or maintenance of any place of employment or public building, or who prepares plans for the construction of any place of employment or public building. Said ss. 101.01 to 101.25 This subchapter shall apply, so far as consistent, to all architects and builders.

27,3626 Section 3626 . 101.01 (2) (f) of the statutes is renumbered 101.01 (11).

27,3627 Section 3627 . 101.01 (2) (g) of the statutes is renumbered 101.01 (12).

27,3628 Section 3628 . 101.01 (2) (h) of the statutes is renumbered 101.01 (13) and amended to read:

101.01 (13) The term “safe" “ Safe" or “safety", as applied to an employment or a place of employment or a public building, shall mean means such freedom from danger to the life, health, safety or welfare of employes or frequenters, or the public, or tenants, or fire fighters, and such reasonable means of notification, egress and escape in case of fire, and such freedom from danger to adjacent buildings or other property, as the nature of the employment, place of employment, or public building, will reasonably permit.

27,3629 Section 3629 . 101.01 (2) (i) of the statutes is renumbered 101.01 (15) and amended to read:

101.01 (15) The term “welfare" shall mean and include “Welfare" includes comfort, decency and moral well-being.

27,3631 Section 3631 . 101.02 (5) (c) of the statutes is amended to read:

101.02 (5) (c) In the discharge of his or her duties such agent shall have every power of an inquisitorial nature granted in ss. 101.01 to 101.25 this subchapter to the department, the same powers as a court commissioner with regard to the taking of depositions and all powers granted by law to a court commissioner relative to depositions.

27,3632 Section 3632 . 101.02 (5) (f) of the statutes is amended to read:

101.02 (5) (f) Upon the request of the department, the department of justice or district attorney of the county in which any investigation, hearing or trial had under ss. 101.01 to 101.25 this subchapter is pending, shall aid therein and prosecute the department in the investigation, hearing or trial and, under the supervision of the department, prosecute all necessary actions or proceedings for the enforcement and punishment of violations of those sections this subchapter and all other laws of this state relating to the protection of life, health, safety and welfare, and for the punishment of all violations thereof.

27,3633 Section 3633 . 101.02 (6) (e) of the statutes is amended to read:

101.02 (6) (e) Any employer or other person interested either because of ownership in or occupation of any property affected by any such order, or otherwise, may petition for a hearing on the reasonableness of any order of the department in the manner provided in ss. 101.01 to 101.25 this subchapter.

27,3634 Section 3634 . 101.02 (7) (a) of the statutes is amended to read:

101.02 (7) (a) Nothing contained in ss. 101.01 to 101.25 this subchapter may be construed to deprive the common council, the board of alderpersons, the board of trustees or the village board of any village or city, or a local board of health, as defined in s. 250.01 (3), of any power or jurisdiction over or relative to any place of employment or public building, provided that, whenever the department shall, by an order, fix a standard of safety or any hygienic condition for employment or places of employment or public buildings, the order shall, upon the filing by the department of a copy of the order with the clerk of the village or city to which it may apply, be held to amend or modify any similar conflicting local order in any particular matters governed by the order of the department. Thereafter no local officer may make or enforce any order contrary to the order of the department.

27,3635 Section 3635 . 101.02 (7m) of the statutes is amended to read:

101.02 (7m) Notwithstanding sub. (7) (a), no city, village or town may make or enforce any ordinance that is applied to any multifamily dwelling, as defined in s. 101.971 (2), and that does not conform to subch. VI and this section or is contrary to an order of the department under ss. 101.01 to 101.25 this subchapter, except that if a city, village or town has a preexisting stricter sprinkler ordinance, as defined in s. 101.975 (3) (a), that ordinance remains in effect, except that the city, village or town may take any action with regard to that ordinance that a political subdivision may take under s. 101.975 (3) (b).

27,3636 Section 3636 . 101.02 (9) of the statutes is amended to read:

101.02 (9) A substantial compliance with the requirements of ss. 101.01 to 101.25, this subchapter shall be sufficient to give effect to the orders of the department, and they shall not no order may be declared inoperative, illegal or void for any omission of a technical nature in with respect thereto to the requirements of this subchapter.

27,3637 Section 3637 . 101.02 (10) of the statutes is amended to read:

101.02 (10) Orders of the department under ss. 101.01 to 101.25 this subchapter shall be subject to review in the manner provided in ch. 227.

27,3638 Section 3638 . 101.02 (12) of the statutes is amended to read:

101.02 (12) Every day during which any person , persons, or corporation, or any officer, agent or employe thereof, shall fail of a person or corporation, fails to observe and comply with any order of the department or to perform any duty enjoined by ss. 101.01 to 101.25, specified under this subchapter shall constitute a separate and distinct violation of such the order, or of said sections as the case may be the requirements of this subchapter, whichever is applicable.

27,3639 Section 3639 . 101.02 (13) (a) of the statutes is amended to read:

101.02 (13) (a) If any employer, employe, owner, or other person violates ss. 101.01 to 101.25 this subchapter, or fails or refuses to perform any duty lawfully enjoined 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 ss. 101.01 to 101.25 this subchapter, for each such violation, failure or refusal, such employer, employe, 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.

27,3640 Section 3640 . 101.02 (15) (b) of the statutes is amended to read:

101.02 (15) (b) The department shall administer and enforce, so far as not otherwise provided for in the statutes, the laws relating to child labor, laundries, stores, employment, licensed occupations, school attendance, bakeries, employment offices, intelligence offices and bureaus, manufacture of cigars, sweatshops, corn shredders, woodsawing machines, fire escapes and means of egress from buildings, scaffolds, hoists, ladders and other matters relating to the erection, repair, alteration or painting of buildings and structures, and all other laws protecting the life, health, safety and welfare of employes in employments and places of employment and frequenters of places of employment.

27,3641 Section 3641 . 101.02 (15) (f) of the statutes is amended to read:

101.02 (15) (f) The department shall investigate, ascertain and determine such reasonable classifications of persons, employments, places of employment and public buildings, as shall be necessary to carry out the purposes of ss. 101.01 to 101.25 this subchapter.

27,3642 Section 3642 . 101.02 (15) (g) of the statutes is amended to read:

101.02 (15) (g) Any commissioner, the The secretary or any deputy of the department may enter any place of employment or public building, for the purpose of collecting facts and statistics, examining the provisions made for the health, safety and welfare of the employes, frequenters, the public or tenants therein and bringing to the attention of every employer or owner any law, or any order of the department, and any failure on the part of such employer or owner to comply therewith. No employer or owner may refuse to admit any commissioner, the secretary or any deputy of the department to his or her place of employment or public building.

27,3643 Section 3643 . 101.02 (15) (k) of the statutes is amended to read:

101.02 (15) (k) Every employer and every owner shall furnish to the department all information required by it to carry into effect ss. 101.01 to 101.25 that the department requires to administer and enforce this subchapter, and shall make provide specific answers to all questions submitted by that the department relative thereto asks relating to any information that the department requires.

27,3644 Section 3644 . 101.02 (15) (L) of the statutes is amended to read:

101.02 (15) (L) Any employer receiving from the department any blanks calling for form requesting information required by that the department to carry into effect ss. 101.01 to 101.25 requires to administer and enforce this subchapter, along with directions to fill the same complete the form, shall cause the same to be properly filled out so as to complete the form and answer fully and correctly each question therein propounded, and in case asked in the form. If the employer is unable to answer any question, the employer shall give a good and sufficient reason for such failure, and said answer his or her inability to answer the question. The employer's answers shall be verified under oath by the employer, or by the president, secretary or other managing officer of the corporation, if the employer is a corporation, and the completed form shall be returned to the department at its office within the period fixed by the department.

27,3645 Section 3645 . 101.02 (17) of the statutes is repealed.

27,3646 Section 3646 . 101.02 (18) of the statutes is amended to read:

101.02 (18) The department may establish a schedule of fees for publications and seminars provided by the department for which no fee is otherwise authorized, required or prohibited by statute. Fees established under this subsection for publications and seminars provided by the department may not exceed the actual cost incurred in providing those publications and seminars. If the department receives unanticipated proceeds from a statewide labor and management conference provided by the department that exceed the actual cost of the conference, the department may use those unanticipated proceeds to provide grants for local labor and management conferences, educational activities and other activities to promote positive relations between labor and management.

27,3647 Section 3647 . 101.02 (18) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

101.02 (18) The department may establish a schedule of fees for publications and seminars provided by the department for which no fee is otherwise authorized, required or prohibited by statute. Fees established under this subsection for publications and seminars provided by the department may not exceed the actual cost incurred in providing those publications and seminars.

27,3648 Section 3648 . 101.02 (18m) of the statutes is created to read:

101.02 (18m) The department may perform testing of petroleum products other than testing provided under ch. 168. The department may establish a schedule of fees for such petroleum product testing services. The department shall credit all revenues received from fees established under this subsection to the appropriation account under s. 20.445 (1) (ga). Revenues from fees established under this subsection may be used by the department to pay for testing costs, including laboratory supplies and equipment amortization, for such products.

27,3649 Section 3649 . 101.02 (18m) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

101.02 (18m) The department may perform testing of petroleum products other than testing provided under ch. 168. The department may establish a schedule of fees for such petroleum product testing services. The department shall credit all revenues received from fees established under this subsection to the appropriation account under s. 20.445 (1) 20.143 (3) (ga). Revenues from fees established under this subsection may be used by the department to pay for testing costs, including laboratory supplies and equipment amortization, for such products.

27,3649m Section 3649m. 101.02 (20) of the statutes is created to read:

101.02 (20) The department of industry, labor and human relations shall establish a procedure for that department to provide to the state public defender and the department of administration any information that the department of industry, labor and human relations may have concerning an individual's wages to assist the state public defender and the department of administration in collecting payment ordered under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1).

27,3649r Section 3649r. 101.02 (20) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 103.005 (20).

27,3650 Section 3650 . 101.03 of the statutes is amended to read:

101.03 Testimonial powers of commissioners, secretary and deputy. Each of the commissioners, secretary The secretary or any deputy secretary may certify to official acts, and take testimony.

27,3651 Section 3651 . 101.04 of the statutes is renumbered 103.04, and 103.04 (1), as renumbered, is amended to read:

103.04 (1) The commission shall issue its decision in any case where a petition for review is filed under ch. 102 or 108 or s. 66.191, 1981 stats., or s. 40.65 (2), 101.22 106.04 (10), 101.223 106.07 (4), 111.39, 303.07 (7) or 303.21.

27,3651m Section 3651m. 101.05 (2) of the statutes is amended to read:

101.05 (2) A bed and breakfast establishment, as defined under s. 254.61 (1), is not subject to rules on residential occupancy or to other building codes adopted by the department under this subchapter, except that the uniform dwelling code specified in s. 101.62 adopted in rules promulgated under s. 101.63 (1) applies to the 3rd floor level of a bed and breakfast establishment that uses, other than as storage, the 3rd floor level of the bed and breakfast establishment structure.

27,3652 Section 3652 . 101.055 (1) of the statutes is amended to read:

101.055 (1) Intent. It is the intent of this section to give employes of the state, of any state agency and of any political subdivision of this state rights and protections relating to occupational safety and health equivalent to those granted to employes in the private sector under the occupational safety and health act of 1970 (5 USC 5108, 5314, 5315 and 7902; 15 USC 633 and 636; 18 USC 1114; 29 USC 553 and 651 to 678; 42 USC 3142-1 and 49 USC 1421).

27,3653 Section 3653 . 101.055 (2) (b) of the statutes is amended to read:

101.055 (2) (b) “Public employe" or “employe" means any employe of the state, of any state agency or of any political subdivision of the state.

27,3654 Section 3654 . 101.055 (2) (d) of the statutes is amended to read:

101.055 (2) (d) “Public employer" or “employer" means the state, any state agency or any political subdivision of the state.

27,3655 Section 3655 . 101.055 (5) (a) of the statutes is amended to read:

101.055 (5) (a) A public employe or public employe representative who believes that a safety or health standard or variance is being violated, or that a situation exists which poses a recognized hazard likely to cause death or serious physical harm, may request the department to conduct an inspection. The department shall provide forms which may be used to make a request for an inspection. If the employe or public employe representative requesting the inspection so designates, that person's name shall not be disclosed to the employer or any other person, including any state agency except the department. If the department decides not to make an inspection, it shall notify in writing any employe or public employe representative making a written request. A decision by the department not to make an inspection in response to a request under this subsection is reviewable by the department under sub. (6) (a) 3. and is subject to judicial review under sub. (6) (a) 4.

27,3656 Section 3656 . 101.055 (8) (a) of the statutes is renumbered 101.055 (8) (ar).

27,3657 Section 3657 . 101.055 (8) (ag) of the statutes is created to read:

101.055 (8) (ag) In this subsection, “division of equal rights" means the division of equal rights in the department of industry, labor and human relations acting under the authority provided in s. 106.06 (4).

27,3658 Section 3658 . 101.055 (8) (b) of the statutes is amended to read:

101.055 (8) (b) A state employe who believes that he or she has been discharged or otherwise discriminated against by a public employer in violation of par. (a) (ar) may file a complaint with the personnel commission alleging discrimination or discharge, within 30 days after the employe received knowledge of the discrimination or discharge. A public employe other than a state employe who believes that he or she has been discharged or otherwise discriminated against by a public employer in violation of par. (a) (ar) may file a complaint with the division of equal rights of the department alleging discrimination or discharge, within 30 days after the employe received knowledge of the discrimination or discharge.

27,3659 Section 3659 . 101.055 (8) (c) of the statutes is amended to read: