69A-62.004: Uniform Minimum Firefighter Employment Standards: Presence of Toxic Substances; Notice to Fire Departments
PURPOSE AND EFFECT: The purpose of the rule amendment is to allow flexibility in maintaining current notices of toxic substances in the workplace, without the need for constant rule amendment.
SUMMARY: The rule sets forth requirements that firefighter employers must meet when toxic substances are used or stored in the workplace. The amendment redacts many pages of toxic substances that were adopted in 2001, and replaces them with a definition, thus providing the employer the flexibility to recognize newly identified toxic substances without the need to wait for the rule to be updated.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 633.01(1), 633.808 FS.
LAW IMPLEMENTED: 633.45(1)(a), 633.807, 633.821 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, March 17, 2010, 9:30 a.m.
PLACE: Third floor conference room at the Atrium, 325 John Knox Road, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Charles Brush, Phone: (352)369-2836. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Charles Brush, Safety Program Manager, Bureau of Fire Standards and Training, Division of State Fire Marshal, phone: (352)369-2836
THE FULL TEXT OF THE PROPOSED RULE IS:
(Substantial rewording of Rule 69A-62.004 follows. See Florida Administrative Code for present text.)
69A-62.004 Uniform Minimum Firefighter Employment Standards; Presence of Toxic Substances; Notice to Fire Departments.
(1) A firefighter employer shall maintain in the firefighter place of employment:
(a) A list of work areas, identified by name and location, where toxic substances, as defined in subsection (3) and not exempted by subsection (4) below, are present, and the chemical and common name of each toxic substance present, and
(b) A material safety data sheet for each toxic substance listed above.
(2) Whenever there is a change in the work areas where toxic substances are stored, or the addition of toxic substances in the firefighter place of employment, the firefighter employer shall update the information provided pursuant to subsection (1).
(3) Since not all substances are hazardous in every form to which a firefighter employee may be exposed, these rules apply when the following conditions are present:
(a) The substance is manufactured, produced, used, applied, or stored in the workplace, and
(b) The substance is known to cause damage to living tissue, impairment of the central nervous system, severe illness, or, in extreme cases, death, when ingested, inhaled or absorbed by the skin, during customary or reasonably foreseeable handling or use.
(4) A substance or mixture which satisfies the criteria in (3) is exempt from coverage if the substance:
(a) Is toxic only if chronically ingested;
(b) Is an alcoholic beverage as defined in the Beverage Law;
(c) Is toxic but labeled pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, as amended; and the Federal Food, Drug and Cosmetic Act, as amended;
(d) Is a consumer product;
(e) Is a commercial product which is substantially equivalent in formulation to similar consumer products used for the same general purpose, when used in the workplace in such a manner that firefighter employee exposure is not significantly greater than exposures resulting from the principal consumer use of the similar consumer product;
(f) Is food stuff;
(g) Is fossil fuel in fuel tanks, engines, and other operating systems of vehicles where the substances are present only in amounts and forms substantially equivalent to the amounts and forms generally available to consumers, and
(h) Is fossil fuel used for heating, or power generation purposes, such that firefighter employees are not exposed to fumes or combustion by-products.
(5) Every firefighter employer who uses, applies, or stores toxic substances, as described in subsection (3) and not exempted in subsection (4), in the workplace shall post a notice in a place where notices are normally posted, informing firefighter employees of their rights under the law. Such posters may be obtained upon request from the State Fire Marshal.
Rulemaking Specific Authority 633.01(1), 633.808 FS. Law Implemented 633.45(1)(a), 633.807, 633.821 FS. History–New 11-21-01, Formerly 4A-62.004, Amended________.