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Ex. DUT-WI-018 Standing duty Primary source read

Wis. Stat. § 101.055 (2019-20), Public employee safety and health

Public employee safety and health: DSPS shall adopt standards protecting public employees 'at least equal to' federal OSHA standards; inspections, orders, variances, records and employee rights for public employers

Wisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services) · Wisconsin (State)

The COVID Project

The record

Jurisdiction
Wisconsin
Level
State
Authority
Wis. Stat. ch. 101, subch. I
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (public employers only: 'the state, any agency or any political subdivision of the state')
Character
workplace duty
Collection
Standing duties: Wisconsin DUT-WI

Operative words

(3) Standards. (a) The department shall adopt, by administrative rule, standards to protect the safety and health of public employees. The standards shall provide protection at least equal to that provided to private sector employees under standards promulgated by the federal occupational safety and health administration...

Penalty

DSPS orders under sub. (5) with posting and correction deadlines; § 101.02(13)(a) forfeitures; records and inspection duties (sub. (7)).

What it required

Every public employer in Wisconsin (the State, its agencies and every political subdivision) was bound to standards 'at least equal to' federal OSHA's, including provisions 'for informing employees about hazards in the workplace, precautions to be taken' and 'for the use of protective equipment' (sub. (3)(b)), enforced by DSPS inspection and orders that 'the employer shall post... at or near the site of violation' (sub. (5)); § 101.11 applies to public employers as well.

Retrieval note

Wisconsin has no State OSHA plan for the private sector; private employers were under federal OSHA and 29 U.S.C. § 654(a)(1) (DUT-FED layer). Wisconsin promulgated no COVID-19 workplace rule; the safe-place statute (DUT-WI-007) is the State-law workplace duty for every employer.