101.02(15)(jm)
(jm) Paragraphs (a) to
(j) do not apply to public employe occupational safety and health issues covered under
s. 101.055.
101.02(15)(k)
(k) Every employer and every owner shall furnish to the department all information that the department requires to administer and enforce this subchapter, and shall provide specific answers to all questions that the department asks relating to any information that the department requires.
101.02(15)(L)
(L) Any employer receiving from the department any form requesting information that the department requires to administer and enforce this subchapter, along with directions to complete the form, shall properly complete the form and answer fully and correctly each question asked in the form. If the employer is unable to answer any question, the employer shall give a good and sufficient reason for 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.
101.02(16)
(16) The department shall comply with the requirements of
ch. 160 in the administration of any program, responsibility or activity assigned or delegated to it by law.
101.02(18)
(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.
101.02(18m)
(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. 20.143 (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.
101.02(19)(a)(a) The department shall, after consulting with the department of health and family services, develop a report form to document significant exposure to blood or body fluids, for use under
s. 252.15 (2) (a) 7. ak. The form shall contain the following language for use by a person who may have been significantly exposed: "REMEMBER — WHEN YOU ARE INFORMED OF AN HIV TEST RESULT BY USING THIS FORM, IT IS A VIOLATION OF THE LAW FOR YOU TO REVEAL TO ANYONE ELSE THE IDENTITY OF THE PERSON WHO IS THE SUBJECT OF THAT TEST RESULT. (PENALTY: POSSIBLE JAIL AND UP TO $10,000 FINE)".
101.02(19)(b)
(b) The department shall determine whether a report form that is not the report form under
par. (a) that is used or proposed for use to document significant exposure to blood or body fluids, is substantially equivalent to the report form under
par. (a).
101.02 History
History: 1971 c. 185 ss.
1 to
5,
7;
1971 c. 228 ss.
16,
42; Stats. 1971 s. 101.02;
1975 c. 39,
94;
1977 c. 29;
1981 c. 360;
1983 a. 410;
1985 a. 182 s.
57;
1987 a. 343;
1989 a. 31,
56,
139;
1991 a. 39,
269;
1993 a. 27,
184,
252,
414,
492;
1995 a. 27 ss.
3631 to
3649r,
9126 (19);
1995 a. 215.
101.02 Cross-reference
Cross-reference: See s.
66.122 for provision authorizing special inspection warrants.
101.02 Annotation
Safety rules promulgated under (15) (h) applied to frequenter of new home construction site. Failure to instruct jury that violation of safety standard constituted negligence per se was reversible error. Nordeen v. Hammerlund, 132 W (2d) 164, 389 NW (2d) 878 (Ct. App. 1986).
101.02 Annotation
Every infrequent business-related activity in the home does not subject the homeowner to liability under the safe-place statute. Geiger v. Milwaukee Guardian Insurance Co. 188 W (2d) 333, 524 NW (2d) 909 (Ct. App. 1994).
101.02 Annotation
The department's authority to adopt rules covering the safety of frequenters while engaged in recreational activities at youth camps is limited by 101.10 (2), (3), (4) and (5), Stats. 1969, to orders relating to the construction of public buildings on the premises, but only as to the structural aspects thereof, and by 101.01 (1), Stats. 1969, as to places of employment, but only as to those camps operated for profit. 59 Atty. Gen. 35.
101.02 Annotation
The department has the power to promulgate reasonable safety standards for the protection of employes while working in and around motor vehicles used on the job. 59 Atty. Gen. 181.
101.02 Annotation
The department may inspect those parts of boarding homes designed for 3 or more persons where employes work or those used by the public, but not interiors of private dwellings. It has no authority to license or register boarding homes nor to charge an inspection fee based upon number of beds or rooms. 62 Atty. Gen. 107.
101.02 Annotation
The department cannot enact a rule which would alter the common law rights and duties of adjoining landowners with respect to lateral support, although the department may specify 30 days as the minimum safety period in which an excavating owner must give notice to a neighbor of an intent to excavate. 62 Atty. Gen. 287.
101.025
101.025
Ventilation requirements for public buildings and places of employment. 101.025(1)
(1) Notwithstanding
s. 101.02 (1) and
(15), any rule which requires the intake of outside air for ventilation in public buildings or places of employment shall establish minimum quantities of outside air that must be supplied based upon the type of occupancy, the number of occupants, areas with toxic or unusual contaminants and other pertinent criteria determined by the department. The department shall set standards where the mandatory intake of outside air may be waived. The department may waive the requirement for the intake of outside air where the owner has demonstrated that the resulting air quality is equivalent to that provided by outdoor air ventilation. The department may not waive the mandatory intake of outside air unless smoking is prohibited in the building or place of employment. In this subsection "smoking" means carrying any lighted tobacco product.
101.025(2)
(2) In the case where the intake of outside air is waived, any person may file a written complaint with the department requesting the enforcement of ventilation requirements for the intake of outside air for a particular public building or place of employment. The complaints shall be processed in the same manner and be subject to the same procedures as provided in
s. 101.02 (6) (e) to
(i) and
(8).
101.025(3)
(3) The department may order the owner of any public building or place of employment which is the subject of a complaint under
sub. (2) to comply with ventilation requirements adopted under
sub. (1) unless the owner can verify, in writing, that the elimination of the provision for outside air in the structure in question does not impose a significant detriment to the employes or frequenters of the structure and that the health, safety and welfare of the occupants is preserved. Upon receipt of a written verification from the owner, the department shall conduct an investigation, and the department may issue an order to comply with ventilation requirements under
sub. (1) if it finds that the health, safety and welfare of the employes or frequenters of the structure in question is best served by reinstating the ventilation requirements for that structure.
101.025(4)
(4) For ventilation systems in public buildings and places of employment, the department shall adopt rules setting:
101.025(4)(a)
(a) A maximum rate of leakage allowable from outside air dampers when the dampers are closed.
101.025(4)(b)
(b) Maintenance standards for ventilation systems in public buildings and places of employment existing on April 30, 1980.
101.025(5)
(5) To the extent that the historic building code applies to the subject matter of this section, this section does not apply to a qualified historic building if the owner elects to be subject to
s. 101.121.
101.025 History
History: 1979 c. 221;
1981 c. 341.
101.027
101.027
Energy conservation code for public buildings and places of employment. 101.027(1)(a)
(a) "Energy conservation code" means the energy conservation code promulgated by the department that sets design requirements for construction and equipment for the purpose of energy conservation in public buildings and places of employment.
101.027(1)(b)
(b) "Standard 90.1 - 1989" means the American society of heating, refrigerating and air-conditioning engineers standard 90.1 - 1989 — energy efficient design of new buildings except low-rise residential buildings.
101.027(2)
(2) The department shall review the energy conservation code and shall promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under
s. 227.19. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including standard 90.1 - 1989 or an energy efficiency code other than standard 90.1 - 1989 if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry.
101.027(3)(a)(a) The department shall begin a review under
sub. (2) whenever one of the following occurs:
101.027(3)(a)2.
2. Five years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code.
101.027(3)(b)
(b) The department shall complete a review under
sub. (2) as follows:
101.027(3)(b)1.
1. If the department begins a review under
sub. (2) because a revision of standard 90.1 - 1989 is published, the department shall complete its review of the energy conservation code and submit to the legislature proposed rules changing the energy conservation code no later than 18 months after the date on which the revision of standard 90.1 - 1989 is published.
101.027(3)(b)2.
2. If the department begins a review under
sub. (2) because 5 years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code, the department shall complete its review of the energy conservation code and submit to the legislature proposed rules changing the energy conservation code no later than 9 months after the last day of the 5-year period.
101.027 History
History: 1993 a. 242.
101.03
101.03
Testimonial powers of secretary and deputy. The secretary or any deputy secretary may certify to official acts, and take testimony.
101.03 History
History: 1971 c. 228 s.
21; Stats. 1971 s. 101.03;
1977 c. 29;
1995 a. 27.
101.05
101.05
Exempt buildings and projects. 101.05(1)
(1) No building code adopted by the department under this chapter shall affect buildings located on research or laboratory farms of public universities or other state institutions and used primarily for housing livestock or other agricultural purposes.
101.05(2)
(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 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.
101.05(3)
(3) No standard, rule, code or regulation of the department under this subchapter applies to construction undertaken by the state for the purpose of renovation of the state capitol building.
101.05(4)
(4) No standard, rule, order, code or regulation adopted, promulgated, enforced or administered by the department under this chapter applies to a rural school building if all of the following are satisfied:
101.05(4)(a)
(a) The school building consists of one classroom.
101.05(4)(b)
(b) The school building is used as a school that is operated by and for members of a bona fide religious denomination in accordance with the teachings and beliefs of the denomination.
101.05(4)(c)
(c) The teachings and beliefs of the bona fide religious denomination that operates the school prohibit the use of certain products, devices or designs that are necessary to comply with a standard, rule, order, code or regulation adopted, promulgated, enforced or administered by the department under this chapter.
101.055
101.055
Public employe safety and health. 101.055(2)
(2) Definitions. In this section, unless the context requires otherwise:
101.055(2)(a)
(a) "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.
101.055(2)(b)
(b) "Public employe" or "employe" means any employe of the state, of any agency or of any political subdivision of the state.
101.055(2)(c)
(c) "Public employe representative" or "employe representative" means an authorized collective bargaining agent, an employe who is a member of a workplace safety committee or any person chosen by one or more public employes to represent those employes.
101.055(2)(d)
(d) "Public employer" or "employer" means the state, any agency or any political subdivision of the state.
101.055(3)(a)(a) The department shall adopt, by administrative rule, standards to protect the safety and health of public employes. The standards shall provide protection at least equal to that provided to private sector employes under standards promulgated by the federal occupational safety and health administration, but no rule may be adopted by the department which defines a substance as a "toxic substance" solely because it is listed in the latest printed edition of the national institute for occupational safety and health registry of toxic effects of chemical substances. The department shall revise the safety and health standards adopted for public employes as necessary to provide protection at least equal to that provided to private sector employes under federal occupational safety and health administration standards, except as otherwise provided in this paragraph. Notwithstanding
ss. 35.93 and
227.21, if the standards adopted by the department are identical to regulations adopted by a federal agency, the standards need not be duplicated as provided in
ss. 35.93 and
227.21 if the identical federal regulations are made available to the public at a reasonable cost, promulgated in accordance with
ch. 227, except
s. 227.21, and distributed in accordance with
s. 35.84.
101.055(3)(b)
(b) Standards adopted by the department shall contain appropriate provisions for informing employes about hazards in the workplace, precautions to be taken and emergency treatment practices to be used in the event of an accident or overexposure to a toxic substance. Standards shall include provisions for providing information to employes through posting, labeling or other suitable means. Where appropriate, standards adopted by the department shall contain provisions for the use of protective equipment and technological procedures to control hazards.
101.055(3)(c)
(c) Standards adopted by the department relating to toxic substances or harmful physical agents, such as noise, temperature extremes and radiation, shall assure to the extent feasible that no employe will suffer material impairment of health or functional capacity through regular exposure. Where appropriate, standards adopted by the department relating to toxic substances and physical agents shall require the monitoring and measuring of employes' exposure to the substance or agent.
101.055(3)(d)
(d) No standards adopted under this subsection may require a member of a volunteer or paid fire department maintained by a political subdivision of this state to complete more than 60 hours of training prior to participating in structural fire fighting.
101.055(4)(a)(a)
Procedure. A public employer may apply to the department for a temporary variance under
par. (b), an experimental variance under
par. (c) or a permanent variance under
par. (d) to any standard adopted under
sub. (3) by filing a petition with the department specifying the standard for which the public employer seeks a variance and the reasons for which the variance is sought. In addition, the public employer seeking the variance shall provide a copy of the application to the appropriate public employe representatives and post a statement at the place where notices to employes are normally posted. The posted statement shall summarize the application, specify a place where employes may examine the application and inform employes of their right to request a hearing. Upon receipt of a written request by the employer, an affected employe or a public employe representative, the department shall hold a hearing on the application for a variance and may make further investigations. If a hearing has been requested, the department may not issue a variance until a hearing has been held. A variance issued under
par. (b),
(c) or
(d) shall prescribe the methods and conditions which the employer must adopt and maintain while the variance is in effect.
101.055(4)(b)
(b)
Temporary variance. The department may grant a temporary variance before a standard goes into effect if the public employer complies with
par. (a) and establishes that it is unable to comply with a standard by the standard's effective date because of unavailability of professional or technical personnel or of necessary materials or equipment or because necessary construction or alteration of facilities cannot be completed by the effective date. The employer shall also show that it is taking all available steps to safeguard employes against the hazard covered by the standard from which the variance is sought and shall possess and describe a program for coming into compliance with the standard as quickly as possible. If a hearing is requested, the department may state in writing that noncompliance with the standard is permitted for 180 days or until a decision is made after the hearing, whichever is earlier. A temporary variance shall be in effect for the period of time needed by the employer to achieve compliance with the standard or for one year, whichever is shorter. A temporary variance may be renewed no more than twice, and only if the public employer files an application for renewal at least 90 days before expiration of the temporary variance and complies with this paragraph and
par. (a).
101.055(4)(c)
(c)
Experimental variance. The department may grant an experimental variance if the public employer complies with
par. (a) and the department determines that the variance is necessary to permit the employer to participate in an experiment approved by the department to demonstrate or validate new or improved techniques to safeguard the health or safety of employes.
101.055(4)(d)
(d)
Permanent variance. The department may grant a permanent variance if the public employer complies with
par. (a) and the department finds the employer has demonstrated by a preponderance of the evidence that the conditions and methods the employer uses or proposes to use provide employment or a place of employment which is as safe and healthful as that provided under the standard from which the employer seeks a permanent variance. A permanent variance may be modified or revoked upon application by the employer, an affected employe, a public employe representative or the department and after opportunity for a hearing, but not sooner than 6 months after issuance of the permanent variance.
101.055(5)(a)(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 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.
101.055(5)(b)
(b) An authorized representative of the department may enter the place of employment of a public employer at reasonable times, within reasonable limits and in a reasonable manner to determine whether that employer is complying with safety and health standards and variances adopted under
subs. (3) and
(4) or to investigate any situation which poses a recognized hazard likely to cause death or serious physical harm to a public employe regardless of whether a standard is being violated. No public employer may refuse to allow a representative of the department to inspect a place of employment. If an employer attempts to prevent a representative of the department from conducting an inspection, the department may obtain an inspection warrant under
s. 66.122. No notice may be given before conducting an inspection under this paragraph unless that notice is expressly authorized by the secretary or is necessary to enhance the effectiveness of the inspection.
101.055(5)(c)
(c) A representative of the employer and a public employe representative shall be permitted to accompany a representative of the department on an inspection made under this subsection to aid in the inspection and to notify the inspector of any possible violation of a safety and health standard or variance or of any situation which poses a recognized hazard likely to cause death or serious physical harm to a public employe. The public employe representative accompanying the representative of the department on an inspection shall, with respect to payment received or withheld for time spent accompanying the department representative, receive treatment equal to that afforded to any representative of the employer who is present during an inspection, except that a public employer may choose to allow only one public employe representative at a time to accompany the department representative on an inspection without a reduction in pay. If a representative of the employer does not accompany the representative of the department on an inspection, at least one public employe representative shall be allowed to accompany the representative of the department on the inspection without a loss of pay. Where no public employe representative accompanies the representative of the department on an inspection, the representative of the department shall consult with a reasonable number of employes concerning matters of employe safety and health. The department shall keep a written record of the name of any person accompanying the department representative during the inspection, the name of any employe consulted and the name of any authorized collective bargaining agent notified of the inspection by the public employer under
sub. (7) (e).
101.055(5)(d)
(d) When making an inspection, a representative of the department may question privately any public employer or employe. No public employe shall suffer a loss in wages for time spent responding to any questions under this paragraph.
101.055(5)(e)
(e) A representative of the department shall have access to the records required under
sub. (7) (a) and
(b) and to any other records maintained by a public employer which are related to the purpose of the inspection.
101.055(6)(a)1.1. Issuance. If, as a result of inspection, the department finds a violation of a safety and health standard or variance or a condition which poses a recognized hazard likely to cause death or serious physical harm to a public employe, the department shall issue an order to the employer. A public employer who is in compliance with any standards or variances is deemed to be in compliance to the extent of the condition, practice, means, method, operation or process covered by that standard. The order shall describe the nature of the violation and the period of time within which the employer shall correct the violation. The department shall send a copy of the order to the top elected official of the political subdivision of which the public employer is a part and to the appropriate collective bargaining agent for the employes affected by the violation cited in the order, if a collective bargaining agent exists. If the order is issued as a result of an inspection requested by an employe or public employe representative, the department shall also send a copy of the order to that employe or public employe representative. Upon receipt of an order, the employer shall post the order at or near the site of violation for 3 days, or until the violation is abated, whichever is longer. The order shall be posted regardless of whether there has been a petition for a variance under
sub. (4) or for a hearing under
subd. 3. The employer shall ensure that the order is not altered, defaced or covered by other materials.
101.055(6)(a)2.
2. Decision not to issue. If the department decides not to issue an order in response to a request for inspection filed under
sub. (5) (a), it shall mail written notice of that decision to the public employe or public employe representative who requested the investigation. A decision under this subdivision is reviewable by the department under
subd. 3.
101.055(6)(a)3.
3. Review by department. A public employer or employe affected by an order or decision issued by the department under
subd. 1. or
2. or
sub. (5) (a) may obtain review of the order or decision by filing with the department a petition requesting a hearing and specifying the modification or change desired in the order or decision. A petition for a hearing must be filed with the department not later than 30 days after the order is issued or the written notification is mailed. If the department denies the request for a hearing, the denial shall be in writing and shall state the reasons for denial. If the department holds a hearing, it shall issue an order affirming, vacating or modifying the order or decision under
subd. 1. or
2. or
sub. (5) (a), within 30 days after the close of the hearing.
101.055(6)(a)4.
4. Judicial review. Orders and denials of requests for hearings under
subd. 3. are subject to judicial review under
ch. 227.
101.055(6)(b)
(b)
Injunction. Whenever a hazard exists in a public employer's place of employment which could reasonably be expected to cause death or serious physical harm before other procedures under this section can be carried out, the department may seek relief through an injunction or an action for mandamus as provided in
chs. 783 and
813.If the department seeks an injunction or an action for mandamus, it shall notify the affected public employer and public employes of the hazard for which relief is being sought.
101.055(7)
(7) Employer obligations for record keeping and notification. 101.055(7)(a)(a) A public employer shall maintain records of work-related injuries and illnesses and shall make reports of these injuries and illnesses to the department at time intervals specified by rule of the department. These records shall be available to the department, the employer's employes and the employes' representatives. This paragraph does not authorize disclosure of patient health care records except as provided in
ss. 146.82 and
146.83.
101.055(7)(b)
(b) A public employer shall maintain records of employe exposures to toxic materials and harmful physical agents which are required by safety and health standards adopted under
sub. (3) to be monitored or measured. A representative of the department and any affected public employe and his or her public employe representative shall be permitted to observe the monitoring and measuring and shall have access to the employer's records of the monitoring and measuring. This paragraph does not authorize disclosure of patient health care records except as provided in
ss. 146.82 and
146.83.
101.055(7)(c)
(c) A public employer shall promptly notify a public employe who has been or is being exposed to any toxic material or harmful physical agent at a level which exceeds that prescribed by the safety and health standards of the department and shall inform that public employe of any corrective action being taken.
101.055(7)(d)
(d) A public employer shall notify its employes of their protections and rights under this section by posting a summary of these protections and rights in the place of employment where notices to employes are usually posted.
101.055(7)(e)
(e) When a representative of the department enters a public employer's place of employment to make an inspection, the employer shall notify an appropriate representative of any collective bargaining unit which represents the employer's employes. The employer shall give the name of the collective bargaining unit representatives notified of the inspection to the department representative making the inspection.
101.055(8)
(8) Protection of public employes exercising their rights. 101.055(8)(ag)(ag) In this subsection, "division of equal rights" means the division of equal rights in the department of industry, labor and job development acting under the authority provided in
s. 106.06 (4).
101.055(8)(ar)
(ar) No public employer may discharge or otherwise discriminate against any public employe it employs because the public employe filed a request with the department, instituted or caused to be instituted any action or proceeding relating to occupational safety and health matters under this section, testified or will testify in such a proceeding, reasonably refused to perform a task which represents a danger of serious injury or death or exercised any other right related to occupational safety and health which is afforded by this section.
