Florida Administrative Code (Last Updated: October 28, 2024) |
69. Department of Financial Services |
69A. Division of State Fire Marshal |
69A-62. Firefighter Employment Standards |
1Unless otherwise specified herein, for purposes of this rule chapter the definitions of the words and terms contained in Section 21440.02, F.S., 23apply. For the purposes of Part II of this rule chapter, unless the context clearly requires otherwise, the following definitions also apply:
45(1) “Firefighter Employee Safety and Health Remediation Plan” means a written training program developed by a carrier, individual self-insurer, self-insurance fund, or firefighter employer or a combination thereof for a firefighter employer’s implementation when the firefighter employer has been identified as having a high frequency or severity of injuries or workers’ compensation insurance claims that is higher than the average for firefighter employers and includes any safety and health program which has been adopted by a firefighter employer and approved by the Division. It shall serve as a guide to safe work practices for firefighter employees.
141(2) “Firefighter Employer Comprehensive Safety and Health Program” means a particular written plan developed from a Workplace Safety and Health Program provided by an insurance carrier, group self-insurance fund, individual self-insurer, or by an individual firefighter employer. It is designed to ensure that the firefighter employer has a structured and integrated safety and health management program within its organization, which is specifically designed to reduce or control the hazards of the firefighter employer’s workplace and the frequency of workplace injuries and occupational diseases. Said plan is permitted to be part of an overall Workplace Safety and Health Program for the municipality, county, special district, or other unit of local government.
251(3) “Frequency” means the number of workplace injuries and occupational diseases reported to the Division of Workers’ Compensation, occurring over a one-year period, and resulting in a lost time case as defined in subsection (5), below.
287(4) “Frequency Rate” means the figure which results after using the formula for determining the frequency rate provided in Rule 30769A-62.023, 308F.A.C.
309(5) “Lost Time Case” means an injury or illness which results in the firefighter employee requiring initial medical care at a medical care facility and involves a loss of time or service beyond the time required for initial treatment and his or her inability to return to normal duty upon his or her next scheduled work period.
366(6) “OSHA” means the Occupational Safety and Health Administration as created by the Occupational Safety and Health Act of 1970, 38629 U.S.C. Sections 651-678.
390(7) “Safety and Health Standard” or “Standard” means any of the safety and health standards adopted by rule of the division and which applies to a specific workplace. These standards are minimum standards upon which all safety and health risk assessments can be made.
434(8) “Safety and Health Inspection” means the risk assessment process by division personnel of a firefighter employer’s work environment as follows:
455(a) Analyzing existing conditions and operations that may create hazards;
465(b) Identifying signs of ineffective safety and health policies or practices; and
477(c) Identifying safety and health program deficiencies.
484(9) “Severity” means the extent of the workers’ compensation medical and indemnity benefits which result or will result from the workplace injuries that a firefighter employer has reported to the Division of Workers’ Compensation.
518(10) “Shall” means that the application or procedure that follows is mandatory and “shall” is only used in this context in these rules.
541(11) “Will” means that the application or procedure that follows is to take place in the future and in this context “will” is never used to indicate any degree of requirement of an application or procedure.
577(12) “Workplace Safety and Health Program” means the written program of a workers’ compensation carrier, group self-insurance fund, or individual self-insurer for a government unit. It is to be used by their policyholders, members or themselves as a guide in developing a specific firefighter employer’s “Firefighter Employer Comprehensive Safety and Health Program.”
629Rulemaking Authority 631633.522 FS. 633Law Implemented 635633.522 FS. 637History–New 9-6-04.