101.19(3)(b)
(b) "Amusement or thrill ride" means any device that carries frequenters in an unusual, entertaining or thrilling mode of motion or any vehicle providing entertainment or transportation to, from or within an amusement area.
101.19 Cross-reference
Cross Reference: See also chs.
Comm 2 and
61, Wis. adm. code.
101.211
101.211
Lunchrooms. The department shall require a suitable space in which lunches may be eaten in any place of employment if found by the department to be reasonably necessary for the protection of the life, health, safety and welfare of employees therein.
101.211 History
History: 1971 c. 185 s.
1;
1971 c. 228 s.
42; Stats. 1971 s. 101.211;
1977 c. 29.
101.55
101.55
Executive agreements to control sources of radiation. When the joint legislative council determines that it is in the interest of the state to enter into agreement with the government of the United States to provide for the discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by the state pursuant to authority granted by
P.L. 86-373, it shall convey its determination to the governor together with its estimate of the initial and ultimate cost of the assumption of this responsibility by the state and the governor, on behalf of the state, may, after a finding by both the governor and the U.S. nuclear regulatory commission as to the adequacy of the state's program of regulation, enter into such an agreement.
101.55 History
History: 1977 c. 29;
1993 a. 52.
101.563
101.563
Payments without regard to eligibility; calendar years 2000 to 2004. 101.563(1)(a)(a)
Payments from calendar year 2000 dues. Notwithstanding
ss. 101.573 (3) (a) and
101.575 (1) and
(3) to
(5), the department shall pay the amount determined under
sub. (2) (a) to every city, village, and town that was ineligible to receive a proportionate share of fire department dues collected for calendar year 2000 as a result of that city, village, or town failing to satisfy all eligibility requirements under
s. 101.575 (1) and
(3) to
(5) or to demonstrate to the department that the city, village, or town was eligible under
s. 101.575 (1) and
(3) to
(5) to receive a proportionate share of the fire department dues.
101.563(1)(b)
(b)
Payments from dues for calendar years 2001 to 2004. Notwithstanding
ss. 101.573 (3) (a) and
101.575 (1) and
(3) to
(5) and except as otherwise provided in this paragraph, the department may not withhold payment of a proportionate share of fire department dues under
ss. 101.573 and
101.575 to a city, village, or town based upon the failure of that city, village, or town to satisfy all eligibility requirements under
s. 101.575 (1) and
(3) to
(5) or to demonstrate to the department that the city, village, or town is eligible under
s. 101.575 (1) and
(3) to
(5) to receive a proportionate share of fire department dues. This paragraph applies only to the payment of a proportionate share of fire department dues collected for calendar years 2001 to 2004.
101.563(2)(a)(a)
Payments from calendar year 2000 dues. Notwithstanding
s. 101.573 (3) (a), the department shall pay every city, village, and town that is entitled to payment under
sub. (1) (a) the amount to which that city, village, or town would have been entitled to receive on or before August 1, 2001, had the city, village, or town been eligible to receive a payment on that date. The department shall calculate the amount due under this paragraph as if every city, village, and town maintaining a fire department was eligible to receive a payment on that date. By the date on which the department provides a certification or recertification to the state treasurer under
par. (b) 1., the department shall certify to the state treasurer the amount to be paid to each city, village, and town under this paragraph. On or before August 1, 2002, the state treasurer shall pay the amount certified by the department under this paragraph to each such city, village, and town. The state treasurer may combine any payment due under this paragraph with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under
par. (b) 1.
101.563(2)(b)
(b)
Payments from dues for calendar years 2001 to 2004. 101.563(2)(b)1.1. `Payments from calendar year 2001 dues.' Notwithstanding s.
101.575 (3) (a) [
s. 101.573 (3) (a)], by the 30th day following July 30, 2002, the department shall compile the fire department dues paid by all insurers under
s. 601.93 and the dues paid by the state fire fund under
s. 101.573 (1) and funds remaining under
s. 101.573 (3) (b), subtract the total amount due to be paid under
par. (a), withhold 0.5%, and certify to the state treasurer the proper amount to be paid from the appropriation under
s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under
sub. (1) (b) and
s. 101.575. If the department has previously certified an amount to the state treasurer under
s. 101.57 (3) (a) [
s. 101.573 (3) (a)] during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the state treasurer shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under
sub. (1) and
s. 101.575. The state treasurer may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under
par. (a).
101.563 Note
NOTE: The correct cross-reference is shown in brackets.
101.563(2)(b)2.
2. `Payments from dues for calendar years 2002 to 2004.' Notwithstanding
s. 101.573 (3) (a) and except as otherwise provided in this subdivision, on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under
s. 601.93 and the dues paid by the state fire fund under
s. 101.573 (1) and funds remaining under
s. 101.573 (3) (b), withhold 0.5% and certify to the state treasurer the proper amount to be paid from the appropriation under
s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under
sub. (1) (b) and
s. 101.575. Annually, on or before August 1, the state treasurer shall pay the amounts certified by the department to each such city, village, and town. This paragraph applies only to payment of a proportionate share of fire department dues collected for calendar years 2002 to 2004.
101.563(2)(b)3.
3. The amounts withheld under
subds. 1. and
2. shall be disbursed to correct errors of the department or the commissioner of insurance. The department shall certify to the state treasurer the amount that must be disbursed to correct an error and the state treasurer shall pay the amount to the specified city, village, or town. The balance of the amount withheld in a calendar year under
subds. 1. or
2., as applicable, which is not disbursed under this subdivision shall be included in the total compiled by the department under
subd. 2. for the next calendar year, except that amounts withheld under
subd. 2. from fire department dues collected for calendar year 2004 that are not disbursed under this subdivision shall be included in the total compiled by the department under
s. 101.573 (3) (a) for the next calendar year. If errors in payments exceed the amount withheld, adjustments shall be made in the distribution for the next year.
101.563(3)
(3) Notices of ineligibility and departmental audits; exceptions. Except as otherwise provided in this subsection and notwithstanding
s. 101.575 (1) (am) and
(4) (a) 2., the department may not issue a notice of noncompliance with regard to a city, village, or town that fails to satisfy all eligibility requirements under
s. 101.575 (1) and
(3) to
(5) and may not audit any city, village, town, or fire department for purposes of determining whether the city, village, town, or fire department complies with
s. 101.575 (6) and
s. 101.14 (2). This subsection does not apply after August 1, 2005.
101.563 History
History: 2001 a. 109.
101.573
101.573
Fire dues distribution. 101.573(1)
(1) The department shall include in the compilation and certification of fire department dues under
sub. (3) 2% of the premiums paid to the state fire fund for the insurance of any public property, other than state property. The department shall notify the state treasurer of the amount certified under this subsection and the state treasurer shall charge the amount to the state fire fund.
101.573(3)(a)(a) On or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under
s. 601.93 and the dues paid by the state fire fund under
sub. (1) and funds remaining under
par. (b), withhold .5% and certify to the state treasurer the proper amount to be paid from the appropriation under
s. 20.143 (3) (L) to each city, village or town entitled to fire department dues under
s. 101.575. Annually, on or before August 1, the state treasurer shall pay the amounts certified by the department to the cities, villages and towns eligible under
s. 101.575.
101.573(3)(b)
(b) The amount withheld under
par. (a) shall be disbursed to correct errors of the department or the commissioner of insurance or for payments to cities, villages or towns which are first determined to be eligible for payments under
par. (a) after May 1. The department shall certify to the state treasurer, as near as is practical, the amount which would have been payable to the municipality if payment had been properly disbursed under
par. (a) on or prior to May 1, except the amount payable to any municipality first eligible after May 1 shall be reduced by 1.5% for each month or portion of a month which expires after May 1 and prior to the eligibility determination. The state treasurer shall pay the amount certified to the city, village or town. The balance of the amount withheld in a calendar year under
par. (a) which is not disbursed under this paragraph shall be included in the total compiled by the department under
par. (a) for the next calendar year. If errors in payments exceed the amount set aside for error payments, adjustments shall be made in the distribution for the next year.
101.573(4)
(4) The department shall transmit to the treasurer of each city, village, and town entitled to fire department dues, a statement of the amount of dues payable to it, and the commissioner of insurance shall furnish to the state treasurer, upon request, a list of the insurers paying dues under
s. 601.93 and the amount paid by each.
101.573 History
History: 1981 c. 20 s.
1752; Stats. 1981 s. 101.58;
1981 c. 364 s.
3; Stats. 1981 s. 101.573;
1987 a. 27;
1995 a. 27;
2001 a. 109.
101.575
101.575
Entitlement to dues. 101.575(1)(a)(a) Except as provided in
par. (am), every city, village or town maintaining a fire department that complies with this subsection and the requirements of
subs. (3) to
(6) is entitled to a proportionate share of all fire department dues collected under
ss. 101.573 and
601.93 after deducting the administrative expenses of the department under
s. 101.573, based on the equalized valuation of real property improvements upon land within the city, village or town, but not less than the amount the municipality received under s.
601.93 (3), 1977 stats., and
chapter 26, laws of 1979, in calendar year 1979.
101.575(1)(am)
(am) If the department determines that a city, village or town fire department has failed to satisfy the requirements of this subsection or
subs. (3) to
(6), the department shall nonetheless pay dues for that calendar year to that city, village or town. The department shall issue a notice of noncompliance to the chief of the fire department, the governing body and the highest elected official of the city, village or town. If the fire department cannot demonstrate to the department that the fire department has met all requirements within one year after receipt of the notice or prior to the next audit by the department, whichever is later, the city, village or town shall not be entitled to dues under
par. (a) for that year in which the city, village or town becomes not entitled to dues and for all subsequent calendar years until the requirements are met.
101.575(1)(b)
(b) Every city, village or town that contracts for fire protection and fire prevention services that comply with
s. 101.14 (2) from another city, village or town is entitled to the dues specified in
par. (a) if the department determines that the fire department furnishing the protection can provide the agreed protection without endangering property within its own limits and the fire prevention services comply with
s. 101.14 (2).
101.575(1)(c)
(c) Any city, village or town, not maintaining a fire department, that for the purpose of obtaining fire protection and prevention services for itself enters into an agreement with another city, village or town, is entitled to the dues specified in
par. (a) if the department determines that the fire prevention services comply with
s. 101.14 (2). Two or more municipalities that together have entered into a fire protection agreement in the manner prescribed in this paragraph shall each be entitled to dues under
par. (a).
101.575(2)
(2) If a city or village contracts to provide fire protection and the services of its fire department outside of its boundaries, it is subject to the same liability for property damage and personal injury when responding to calls and providing services outside of its boundaries as when providing the same services within its boundaries.
101.575(3)
(3) No city, village or town is entitled to receive dues under this section unless the city, village or town complies with
pars. (a) and
(b).
101.575(3)(a)
(a) No city, village or town may receive fire department dues under this section unless it has a fire department which satisfies all of the following requirements:
101.575(3)(a)1.
1. Is organized to provide continuous fire protection in that city, village or town and has a designated chief.
101.575(3)(a)2.
2. Singly, or in combination with another fire department under a mutual aid agreement, can ensure the response of at least 4 fire fighters, none of whom is the chief, to a first alarm for a building.
101.575(3)(a)3.
3. Provides a training program prescribed by the department by rule.
101.575(3)(a)4.
4. Provides facilities capable, without delay, of receiving an alarm and dispatching fire fighters and apparatus.
101.575(3)(b)
(b) Each city, village or town eligible for dues under this section shall maintain either a voluntary fire department that holds a meeting at least once each month, or a paid or partly paid fire department with sufficient personnel ready for service at all times.
101.575(4)(a)(a) The department may not pay any fire department dues for any year to a city, village, town or fire department unless all of the following conditions are satisfied:
101.575(4)(a)2.
2. The city, village or town has submitted a form which is signed by the clerk of the city, village or town and by the chief of the fire department providing fire protection to that city, village or town, which is provided by the department by rule and which certifies that the fire department has complied with this section or the department has audited the city, village, town or fire department and determined that it complies with
sub. (6) and
s. 101.14 (2).
101.575(4)(b)
(b) If dues which would have been paid into any fire fighter's pension fund or other special funds for the benefit of disabled or superannuated fire fighters are withheld under this subsection, an amount equal to the fire department dues withheld shall be paid into the pension fund from any available fund of the city, village or town, and, if no fund is available, an amount equal to the amount withheld shall be included in and paid out of the next taxes levied and collected for the city, village or town.
101.575(5)
(5) No city, village or town which has contracted with another city, village or town or any part thereof for fire protection may be paid any fire department dues unless the contract or contracts are sufficient to provide fire protection to the entire city, village or town for which the fire protection service is being provided.
101.575(6)(a)(a) No city, village or town maintaining a fire department under this section may use any dues received under
s. 101.573 and this section for any purpose except the direct provision of the following:
101.575(6)(a)4.
4. To fund wholly or partially fire fighters' pension funds or other special funds for the benefit of disabled or superannuated fire fighters.
101.575(6)(b)
(b) Any city, village or town that contracts for fire protection service shall give dues received under
s. 101.573 and this section to the fire department providing the fire protection service. That fire department shall use those dues for any of the purposes specified in
par. (a).
101.578
101.578
Protection of medical waste incinerator employees. 101.578(2)
(2) The department shall promulgate rules establishing requirements that protect persons who work at medical waste incinerators from exposure to blood and other potentially infectious materials. The rules shall be at least as strict as any federal requirements.
101.578 History
History: 1991 a. 39;
1995 a. 227.
101.58
101.58
Employees' right to know. 101.58(2)(a)
(a) "Agricultural employer" means any person, including the state and its political subdivisions, who engages the services of any employee to perform agricultural labor. If any employee is present at the workplace of an agricultural employer under an agreement between that agricultural employer and another agricultural employer or employer, "agricultural employer" means the agricultural employer with control or custody of a pesticide. An agricultural employer who engages some employees to perform agricultural labor and other employees for other purposes is only an agricultural employer with respect to the employees engaged to perform agricultural labor.
101.58(2)(c)
(c) "Employee" means any person whose services are currently or were formerly engaged by an employer or an agricultural employer, or any applicant at the time an employer or agricultural employer offers to engage his or her services.
101.58(2)(d)
(d) "Employee representative" means an individual or organization to whom an employee gives written authorization to exercise his or her rights to request information under
s. 101.583,
101.585 or
101.586, a parent of a minor employee or a recognized or certified collective bargaining agent.
101.58(2)(e)
(e) "Employer" means any person, except an agricultural employer, with control or custody of any employment or workplace who engages the services of any employee. "Employer" includes the state and its political subdivisions. If any employee is present at the workplace of an employer under an agreement between that employer and another employer or agricultural employer, "employer" means the employer with control or custody of a toxic substance or infectious agent. An employer who engages some employees to perform agricultural labor and other employees for other purposes is only considered an employer with respect to the employees engaged for other purposes.
101.58(2)(f)
(f) "Infectious agent" means a bacterial, mycoplasmal, fungal, parasitic or viral agent identified by the department by rule as causing illness in humans or human fetuses or both, which is introduced by an employer to be used, studied or produced in the workplace. "Infectious agent" does not include such an agent in or on the body of a person who is present in the workplace for diagnosis or treatment.
101.58(2)(h)
(h) "Overexposure" means any chronic or acute exposure to a toxic substance or infectious agent which results in illness or injury.
101.58(2)(i)
(i) "Pesticide" means any substance or mixture of substances which is registered with the federal environmental protection agency under
7 USC 136 to
136y or the department of agriculture, trade and consumer protection under
ch. 94, and which is labeled, designed or intended to prevent, destroy, repel or mitigate any pest or as a plant regulator, defoliant or desiccant.
101.58(2)(j)1.1. "Toxic substance" means any substance or mixture containing a substance regulated by the federal occupational safety and health administration under title 29 of the code of federal regulations part 1910, subpart z, which is introduced by an employer to be used, studied or produced in the workplace.
101.58(2)(j)2.a.
a. Any article, including but not limited to an item of equipment or hardware, which contains a substance regulated by the federal occupational safety and health administration under title 29 of the code of federal regulations part 1910, subpart z, if the substance is present in a solid form which does not cause any acute or chronic health hazard as a result of being handled by an employee.
101.58(2)(j)2.b.
b. Any mixture containing a substance regulated under title 29 of the code of federal regulations part 1910, subpart z, if the substance is less than one percent, or, if the substance is an impurity, less than 2%, of the product.
101.58(2)(j)2.c.
c. Any consumer product packaged for distribution to and used by the general public, for which the employee's exposure during use is not significantly greater than the consumer's exposure occurring during the principal use of the product.
101.58(2)(j)2.d.
d. Any substance received by an employer in a sealed package and subsequently sold or transferred in that package, if the seal remains intact while the substance is in the employer's workplace.
101.58(2)(j)2.e.
e. Any waste material regulated under the federal resource conservation and recovery act,
P.L. 94-580.
101.58(2)(k)
(k) "Workplace" means any location where an employee performs a work-related duty in the course of his or her employment, except a personal residence.
101.58(3)
(3) Relationship to federal regulations. 101.58(3)(a)(a) If the federal occupational safety and health administration promulgates a hazards communication regulation which, with respect to toxic substances, has requirements comparable to those in
s. 101.583,
101.59 or
101.597 (1), and has time periods no less stringent than
s. 101.589 and confidentiality requirements no less stringent than
s. 101.592, an employer, manufacturer or supplier may apply to the department for an exemption from
s. 101.583,
101.59 or
101.597 (1).
101.58(3)(b)
(b) An employer applying to the department for an exemption under
par. (a) shall provide a copy of the application to appropriate certified collective bargaining agents and shall post a statement at the place where notices to employees are normally posted. The posted statement shall summarize the application, specify a place where employees may examine it and inform employees of their right to request a hearing on it.
101.58(3)(c)
(c) Upon receipt of a written request from an affected employer, manufacturer, supplier, employee or employee representative, the department shall hold a hearing on the application. If a hearing has been requested, the department is prohibited from approving the application until a hearing has been held. In no case may the department approve the application within less than 60 days after receiving it.
101.58 Cross-reference
Cross Reference: See also ch.
Comm 35, Wis. adm. code.
101.58 Annotation
Wisconsin's new "right to know" law. McCauley. WBB Jan. 1983.
101.581
101.581
Notice requirements.
