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Safety and Buildings Public Sector Health and Safety Code Council Summaries of Meetings Tuesday, January 17, 2012, 10 a.m. to 2:30 p.m., Department of Safety and Professional Services, room 121A, 1400 East Washington Avenue, Madison, WisconsinCouncil Attendance: John Ashley - Excused; Vance Forrest - Ex; William A. Freeman - Present; Jason Gates - P; Daniel Karamanski - P; Dave Kodel - P; James Kropp - P; Vincent Matarrese - P; Chris Schlechta - P; Richard Stadelman - P; Roy Swanke - P; Dan Thomas - P; Dennis Tweedale - P. Department of Safety and Professional Services staff: Scott Amacher, Berni Mattsson, Norma McReynolds, Nancy Mistele, Kathy Sotak, David Vriezen. - Welcome, introductions, housekeeping and review of agenda Jim Quast welcomed everyone to the January 17, 2012 meeting of the Public Safety Code Advisory Council. The Council members and department staff introduced themselves. The meeting’s agenda was reviewed and accepted. The main focus is to review the Wisconsin modifications in SPS 332. The Council approved the progress report from its November 10, 2011, meeting. - Division updates Jim reported on the following departmental and legislative activities: Administrative – The Division of Safety and Buildings new administrator, Nancy Mistele, introduced herself and her new executive assistant, Kathy Sotak, who was starting her first day of work. Legislative – Staff attended training in mid-December relating to Executive Order (EO) #50 which was issued November 2, 2011, and discussed at the Council’s November 10, 2011 meeting. The training was presented by the Legislative Council and the Governor’s Office of Regulatory Compliance (GORC). The following changes in the rule-making process were discussed at the training: To prepare the EIA, EO #50 requires that the draft proposed rule language be posted on the division’s website and submitted to GORC for public comment. If the proposed rule draft has no or minimal economic impact, the public comment period is 14 days; if moderate impact, 30 days; and if significant impact, 60 days. Act 46 reinstates the Small Business Regulatory Review Board. In the past, only those proposals that affected small businesses were submitted to the board; in the future, this board will review all rule proposals and its report will accompany the rule package. EO #50 sets a time frame of 30 days from when the public hearing comment period ends and the revised package and comments are submitted to the Governor’s Office. Depending on the number of comments or size of the rule package, there may be some flexibility in this time limit and the department will be able to apply for a waiver. Other code activity – The Division of Board Services is soliciting nominations for the Fire Public Sector Safety and Health Advisory Code Council to update SPS 330. In looking at SPS 330, the department has determined that fire public safety personnel must conform to both SPS 330 and SPS 332. As of January 1, 2012, Comm 32 can be found online as SPS 332. The administrative codes previously under the authority of the Department of Commerce have been retitled to reflect the authority of the new Department of Safety and Professional Services. - Elect chair and vice-chair Daniel Karamanski volunteered to serve as chair of the council. On motion ofTweedale, the Council unanimously named Daniel as chair. On motion of Stadelman, Vincent Matarese was nominated and elected as vice-chair. - Identify additional Council issues or concerns At its previous meeting, the council identified several issues associated with public sector safety and health for the council and department to consider during the rule promulgation process. Staff asked the members if they had identified additional issues since then. The following concerns were reiterated: Standard approach to inspections – Although the council listed this as an issue, it acknowledged that it cannot be addressed in rule and should be handled internally. Currently, staff participates in monthly teleconferences, and when fiscal circumstances allow, training opportunities are made available to inspectors. Data collection – The Department of Workforce Development collects different information than DSPS. There is one report that can be sent to both departments, however it is doubtful that data collection will change with the current budget constraints. - Review current Wisconsin modifications in SPS 322 Council members were emailed a document that outlined Wisconsin rules and modifications to OSHA standards. Staff had prepared the document to identify potential questions, issues or concern with SPS 332. The council reviewed the document item by item, and made the following recommendations: SPS 332.002 – Use the term “workplace” instead of “places of employment” and “public buildings” and define it as any site where a public employer directs a public employee to work. SPS 332.11 – Bring the basic requirement more in line with federal regulations, and eliminate the “contact person” requirement. SPS 332.205 – Include off-hours contact emergency information for fatalities or multiple injuries. Exclude 29 CFR 1904.37 from the code because of s. 101.055(7)(a), Stats. SPS 332.22 – Keep the requirement that 20 CFR 1910.25 and 1910.26 also apply to fiberglass ladders. Eliminate the requirement for “secure footing” and “safety shoes.” Adopt instead the ANSI standard for ladders and reference it when discussing approved safety shoes. SPS 332.24 – Eliminate sub. (1) to (4) relating to ventilation because they reference building code issues such as plan review and are covered by the Commercial Building Code. Ask the Commercial Building Code Advisory Council to review the requirements for kilns – sub. (6) – and strengthen that section of the building code. Determine a process so inspectors can identify the sources of air contamination. Research sub. (6) relating to ventilation for lab fume hoods and how the requirements interact with the new energy conservation rules. SPS 332.26 – Eliminate plan submittal because it is inconsistent with the requirements in the Commercial Building Code. SPS 332.28 and SPS 332.29 – Combine into one section that deals with confined spaces. Clarify SPS 332.28 (3) with the type of training and certification such as the America Heart Association’s curriculum for first aid. SPS 332.30 – Research OSHA standards relating to eye wash and what applies in the field. SPS 332.32 – Eliminate sub. (2) because it is covered by SPS 314, Fire Prevention Code, and the adoption of NFPA 1 which lists materials and separation of incompatible materials. SPS 332.33 – Clarify the broad provisions of “all” or “every” machine. Because of recent fatalities relating to sanding and salting augers, the council discussed if a Wisconsin modification should be included in SPS 331.33 or SPS 332.37. The consensus of the council was to continue to research and resume the discussion at its next meeting. - Discuss next steps and adjourn The council will finish discussing the current Wisconsin modifications at its next meeting and then begin its review of proposals for new modifications. The council will meet in late February. The meeting adjourned. The council’s next meeting will be Tuesday, February 21, 2012, in Room 121A at the Department of Safety and Professional Services, 1400 East Washington Ave., in Madison, Wisconsin. Contact Jim Quast, 608-266-9292 or jim.quast@wisconsin.gov. Thursday, November 10, 2011, 10 a.m. to 2:30 p.m., Department of Safety and Professional Services, Room 121A, 1400 East Washington Avenue, Madison, Wisconsin Council Members Attendance: John Ashley - Present Vance Forrest - Present William a. Freeman - Present Jason Gates - Present Daniel Karamanski - Present Dave Kodel - Present James Kropp - Present Vincent Matarrese - Present Chris Schlechta - Present Richard Stadelman - Present Roy Swanke - Present Dan Thomas - Present Dennis Tweedale - Present Department of Safety and Professional Services Staff: Scott Amacher, Berni Mattsson, Norma McReynolds, Jim Quast, David Vriezen, Paul Parsons - Welcome, introductions, housekeeping and review of agenda Jim Quast welcomed everyone to the November 10, 2011 meeting of the Public Safety Code Advisory Council. The Council members and department staff introduced themselves. Jim explained that the Board Services Division and the Safety and Buildings Division reconvened the council to update Chapter Comm 32 relating to public safety and health. The last time the council met was in 2004. Jim thanked the council members for volunteering to serve and assist with the administrative rule update. The meeting’s agenda was reviewed and accepted. The focus of the meeting is to review the code promulgation process and identify key issues that need further research and discussion to update SPS 332. - Division updates Jim reported on the following departmental and legislative activities: Reorganization – The Department of Commerce was dissolved July 1, 2011, and replaced by the Wisconsin Economic Development Corporation, which is a private entity. The Divisions of Safety and Buildings (S&B) and Environmental and Regulatory Services (ERS) were merged with the Department of Regulation and Licensing (R&L) to form the Department of Safety and Professional Services (DSPS). Several of the Safety and Buildings Division sections – credentialing, IT services and program development – have moved to 1400 East Washington. The Program Development Bureau moved October 11, 2011, and is now part of the Division of Board Services. The Bureau of Integrated Services and ERS were combined into the S&B Division and tentatively will move by spring 2012. Other code activity – SPS 305 relating to licenses, certifications and registrations has received a general update and will become effective January 1, 2012. The revision was prompted by 2009 Wisconsin Act 291 which mandated changing “indenture” to “apprentice contract.” The Fire Department Safety and Health Advisory Code Council is being reconvened to update SPS 330. In addition, SPS 316, Electrical Code, is being updated to adopt by reference the 2011 edition of the NEC, and SPS 318, relating to conveyances, is being updated to include the 2010 editions of the ASME standards. Administrative codes previously under the authority of the Department of Commerce are being retitled to reflect the authority of the new Department of Safety and Professional Services. “Comm” codes will become “SPS” codes as of January 1, 2012. Also, “300” will be added to all the current code numbers (i.e., Comm 32 will be SPS 332 and Comm 5 will be SPS 305). - Review role of council, and elect chair and co-chair Staff distributed an advisory council manual that outlines the duties of Council members. At the Council’s next meeting, members will elect a chair and co-chair to help facilitate meetings. - Discuss scope of rule update project Jim reviewed the rule making process and updated the council on recent changes in the process: Update SPS 332 – The current code is based upon the premise that standards for public employees should be equal to or surpass the OSHA standards. Part of the rule promulgation process is to look at the current OSHA standards and review the Wisconsin modifications in the current code. The department’s goal is to go out for public hearing with a draft rule package by next spring or summer. Rule making process – In the past, rule making was a five-step process that took six to eight months: A scope statement is developed to begin the rule making process. An advisory code council typically is used to provide input and direction. A public hearing and comment period is held on the rule draft that was developed with the code council’s recommendations. A final rule draft, based on information gathered during the public period, is submitted to the legislature for standing committee review. If the legislature does not raise any objections, then the department may adopt the rules. Implementation of 2011 Wisconsin Act 21 – Effective June 8, 2011, Act 21 affects the promulgation of rules by adding more steps and time to the process. A major change involves routing the proposed code package through the governor’s office: The governor must approve all scope statements before code development can begin. The governor must approve the final code draft before it is sent for legislative review. The legislative review of proposed rules now also involves an automatic referral to the joint committee on administrative rules for another 30 days of their review. In addition, Act 21 requires an economic impact analysis (EIA) for every rule proposal, and the code council may be asked to provide input for the EIA. Other variables include election years (even years, i.e., 2012). With the implementation of Act 21, the department cannot move the rule package forward for legislative review after the last day of the legislative session which is usually in March. The proposed rule packages will have to wait for the new legislative session to begin in January of the odd-numbered years. Executive Order 50 – November 2, 2011, the governor issued Executive Order 50 which adds more steps to the rule making process. Copies of EO 50 were distributed to council members for their review. The department is still reviewing the implications of EO 50. For example, there is indication that an agency only has 30 days to submit the final draft to the governor and legislature for review after the end of the public hearing comment period. Staff pointed out that in the case of some of the more controversial rule proposal packages, it took several months to compile the comments and to revise or create rules that address the issues or concerns raised. - Identify Council issues and concerns Jim asked the council to identify issues associated with public sector safety and health for the council and department to consider during the rule promulgation process. Members had the following questions, concerns and recommendations: Air contaminate standard – It was recommended that an air contaminate standard be included as an appendix with SPS 332. Currently, the standard is available online. If it was part of the rule package, however, it would increase awareness of the limits. Reports and data collection – SPS 332.10 relates to the injury and illness report. How many does the department receive and what is done with the information and data that is collected? The council commended the department for working efficiently and recommended it pursue more technical solution, and recommended working with the Department of Workforce Development on filing the injury and illness report electronically with workmen’s compensation. Relationship with other departments – What is the relationship between the Department of Safety and Professional Services and the Department of Health Services relating to the enforcement of OSHA standards? Update SPS 332 more often – It has been 8 years since the last update of SPS 32. Why doesn’t the department adopt OSHA rules across the board and automatically as they are released? Act 101.55 allows the department to adopt a specific edition of a federal standard so the legislature can review that standard. In addition, OSHA standards are updated throughout the year with an annual “hard” copy published July 1. The department would like to update the rules on a regularly basis, but does not have the resources or time. Municipalities’ legal responsibilities – Municipalities are required to have policy for their employees. What about contract employees who work side-by-side with public employees? What is the municipality’s legal responsibility? Generally, when municipalities deal with an issue, they default to a more restrictive clarification. Clarification of definitions for schools – School districts struggle with several OSHA definitions. For example, what is confined space and is an alternate entrance acceptable? Remove redundant design requirements – SPS 332.42 relating to ventilation and exhaust is a design requirement that is covered in the Commercial Building Code and the IBC. It is redundant to have it and other design requirements in SPS 332. Standard approach to inspections – There is an inconsistency among inspectors and the inspection process. What is the role of the inspector? Is there a protocol to follow if there is a dispute over an interpretation? Do inspectors just want to give “a ticket” or assist in getting the problem corrected? Having the various parties involved participate in the inspection would help resolve the issue. The consensus of the council was that there should be a more standard OSHA approach to inspections. - Discuss emailed documents Council members were emailed the following documents to use as tools in the discussion of changes from the 2003 to 2010 OSHA editions: Current Wisconsin modifications to OSHA Standards; Summary of OSHA revisions between 2003 and 2010 editions; Comparison of OSHA Editions Staff will develop additional materials as needed during the rule making process. - Review OSHA comparison and summary documents Jim pointed out that a major change from the 2003 to 2010 OSHA editions has to do with the employer’s responsibility to provide personal protection equipment and training for its use. The department prefers being as close as possible to the national standards with few Wisconsin modifications. At its next meeting, the Council will review the current Wisconsin modifications in SPS 332. - Other topics Roy Swanke invited council members to tour the Madison Metro Sewage District's pumping station #1 after the meeting adjourned to see signage and other safety protection for employees. - Discuss next steps and adjourn Council members are welcome to make code change suggestions and to solicit proposals. In addition, staff will be proposing changes for the council to review. - The meeting adjourned. The council’s next meeting will be Tuesday, January 17, 2012, in Room 121A at the Department of Safety and Professional Services, 1400 East Washington Ave., in Madison, Wisconsin. Contact Jim Quast, 608-266-9292, or jim.quast@wisconsin.gov, with questions. Tuesday, November 18, 2003 Time: 9:30 a.m. Location: Room 3B, Thompson Commerce Center, 201 West Washington Avenue, Madison, Wisconsin Council Member Attendance: Visitors: Dave Norman Staff: Dave Vriezen, Ronald Acker, Eric Hands 1. Welcome, Introductions and Review of Agenda. Council members were welcomed; everyone introduced themselves and indicated the group that they represented. The agenda was reviewed, and no changes were made. It was noted that Boyd Garey has replaced Glenn Dillard as the representative of DOA State Risk Management. Ernest Stracener has changed jobs, and the department is trying to obtain a replacement for Ernest as the UW System representative. 2. Election of Chairperson and Vice-Chairperson. Because Ernest Stracener was the chairperson, a new chairperson needed to be elected. Dennis Tweedale is the vice-chairperson for the council. Dennis volunteered to be the chairperson, and there were no objections. Dave Hanneman was nominated, seconded and unanimously elected as vice-chairperson. 3. Review of Proposed Comm 32 Changes. The council reviewed the previously mailed draft of proposed Comm 32 rule changes as follows. SECTION 1. The department is proposing to change Comm 32.003 (2) for consistency with the same requirement in chapter Comm 30 and to eliminate the question as to what requirement is "most restrictive" when a conflict exists. Staff further noted that the statutory mandate for the rules is the safety and health protection of the employee. The council discussion centered around the use of the words "restrictive" and "protective". Concern was expressed that "restrictive" is more specific and stronger than "protective". The council recommended revising the proposed wording to read: "If requirements of the Statutes, this chapter or other Wisconsin Administrative Code chapters specify varying requirements, the most restrictive requirement for the protection of employee safety and health shall govern." SECTION 2. The department is proposing to create a new section Comm 32.11 relating to a safety and health program. Staff noted that this section is being created to help employers to focus on the need to look at safety and health hazards in the workplace. Under proposed subsection (1), it was noted that the extent of the program depends on what the employer does. The council discussed the use of the word "ensure" in place of "manage", but it was noted that it is not always possible to "ensure" workplace safety and health. It was also noted that this proposal will result in the need for education for some employers. Because there was concern that the program may not result in reducing injuries, illnesses and fatalities, the council recommended deleting the words "in order to reduce injuries, illnesses and fatalities" in subsection (1). Under subsection (2), the council discussed how the department will obtain the contact name. One suggestion was to ask for the name on the illness and injury report form SBD-10710. Copies of the form were distributed. (Copies of form SBD-10710 are included with this report for absent members.) Although some small municipalities have consultants develop their safety and health program, the council agreed that the contact person should be an employee of the municipality. The council recommended changing proposed Comm 32.11 (2) to read: "The employer shall designate an employee who the department can contact regarding the safety and health program." SECTION 3. The added sentence being proposed in Comm 32.50 (1) is an administrative change. SECTION 4. The OSHA standards adopted in Table 32.50-1 are being updated to the July 1, 2003 editions. 4. Review of New OSHA Standards. Eric Hands informed the council that 8 new OSHA standards have been adopted and published in various Federal Registers since chapter Comm 32 was last updated. The new standards relate to illness and injury reporting (Part 1904, 4 standards); signs, signaling and barricades (Part 1926); shipyard employment (Part 1915); exit routes, emergency action plans and fire prevention plans (Part 1910); and materials handling and storage (Part 1910). (Copies of the 8 new standards are included with this report for council members.) 5. Review of Current Chapter Comm 32. The council reviewed the current chapter Comm 32 as follows. Comm 32.05 Inspections. Ron Kent gave an example of a dangerous situation during a trenching operation where the inspector's order to stop was ignored. Ron indicated that the code needs to give the inspector the authority to stop unsafe actions immediately. Eric indicated that the Statutes may already provide that authority, and he would look into it. Comm 32.15 OSHA Safety and Health Standards. Ron Kent stated that he wants the code to require compliance with the exposure limits published by the American Conference of Governmental Industrial Hygienists rather than a reference to the limits in a Note. Comm 32.28 (2) Air Monitoring. It was suggested to delete the word "or" and replace it with a comma. This change would require the purchase and use of 4-gas sensors in all cases, which is not necessary. The council agreed to leave the wording as written. Comm 32.35 Air Contaminants. It was noted that the year "1998" needs to be changed to "2003". Comm 32.38 (1) Guarding. A question was raised as to whether the reference to 1910.500 should be 1910.502. Department staff will check on the correct reference. Comm 32.39 (1) Safety Vests. It was suggested to add a Note referencing the ANSI/ISEA 107 standard for high-visibility safety apparel. 6. Council Member Issues. A question was asked as to where in the code is sick building syndrome covered. Eric responded that employee exposure to air contaminants is covered under OSHA section 1910.1000. Ron Kent requested that a subcommittee for ergonomics be created as a follow-up to a council motion recommending that subcommittee at the March 5, 2001 meeting. A question was asked as to what will be done with the injury and illness reports that are required under Comm 32.10. Eric responded that it is the department's goal to put the data in a spreadsheet for review and analysis. 7. Adjournment. Department staff will prepare the hearing draft of proposed rules for the update of chapter Comm 32. Council members will be sent the public hearing material after it is approved by the department secretary. Council members may attend the public hearing and may submit comments on the proposed rules. 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