69A-62.023. Criteria for Identifying Firefighter Employers with a High Frequency or Severity of Injuries

(1) Definitions:

(a) “Severe injury” means a line of duty injury that results in:

1. Fatality;

2. Loss of a limb;

3. Loss or impairment of a bodily member, organ or mental faculty;

4. More than 24 hours of hospitalization; or

5. Permanent disfigurement to a commonly visible portion of the body.

(b) “Lost time injury” means an “injury/indemnity” as defined in subsection 69L-56.002(41), F.A.C., or a “Medical only to lost time case” as defined in subsection 69L-56.002(45), F.A.C.

(c) “Firefighter employer average frequency of lost time injuries” equals the total of all lost time injuries in a calendar year experienced by a firefighter employer, divided by the total number of employer firefighter employees.

(d) “Statewide average frequency of lost time injuries” equals the total of all lost time injuries experienced by all firefighter employees in the state in a calendar year divided by the total number of firefighter employees experiencing lost time injuries in the state.

(e) “Firefighter employees” are those volunteer and career firefighters whose names are submitted by firefighter employers to the State Fire Marshal pursuant to Rule 69A-37.0335, F.A.C., and this rule chapter. 

(f) “Most recent verified data” means the latest complete calendar year data acquired from the Department’s Division of Workers’ Compensation, verified with the firefighter employer.

(2) Any firefighter employer experiencing:

(a) A more than 20 percent higher average frequency of lost time injuries than the statewide average, or

(b) A severe injury related to a violation of this rule chapter that was investigated by the Department during the same period, is a Firefighter Employer with a High Frequency or Severity of Injuries for purposes of Sections 633.506 and .522, F.S., and this rule chapter.

(3) The most recent verified data will be used to calculate the number of lost time injuries in subsection (2). The average statewide lost time injuries, individual employer injuries, and number of firefighter employees from the same period of time will be used in the calculation.

(4) A firefighter employer identified as having a high frequency or severity of injuries must submit a firefighter employee safety and health program in accordance with Rule 69A-62.021, F.A.C., for approval by the State Fire Marshal in accordance with Section 633.522, F.S. The Department will use the safety and health program to inspect the identified firefighter employer. If a firefighter employer so identified has not developed its own approved safety and health program, the safety and health program components set forth in Rule 69A-62.021, F.S., will be used to conduct the inspection.

Rulemaking Authority 633.522 FS. Law Implemented 633.506, 633.522 FS. History–New 9-6-04, Amended 8-31-10.