The purpose of the rule is to update firefighter health and safety standards and clarify requirements.

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

Rule No.: RULE TITLE
69A-62.002: Uniform Minimum Firefighter Employment Standards; Adoption of National Fire Protection Association Standards
69A-62.021: General Guidelines for Firefighter Employer Comprehensive Safety and Health Programs
69A-62.022: Firefighter Employer Comprehensive Safety and Health Remediation Plan
PURPOSE AND EFFECT: The purpose of the rule is to update firefighter health and safety standards and clarify requirements.
SUMMARY: The rule amendments clarify that a firefighter employer’s safety and health training program must be documented in writing, and must include supervisor training that includes NIMS training as outlined in Homeland Security Presidential Directive 5 (HSPD 5), adopted by reference, and training commensurate to their duties of management, command, and control. Firefighter employees and supervisors who provide response, rescue and or mitigation to non-traditional fire suppression activities, must receive specialized training in these areas. Firefighter employers must document that emergency vehicle operators are familiar with all vehicles prior to operating them. Firefighter employers subject to inspection will be notified and provided an inspection report electronically. If corrective action is required, the amendments provide the mechanism for plan submission and approval. Reinspection will occur within one year of plan approval. Other changes do not affect the substance of the rules.
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), 633.45(1)(a), 633.803, 633.805, 633.808, 633.821 FS.
LAW IMPLEMENTED: 633.45(1)(a), 633.805, 633.807, 633.808, 633.809, 633.817, 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: Thursday, December 16, 2010, 10:30 a.m.
PLACE: Auditorium, State Fire College, 11655 NW Gainesville Road, Ocala, Florida 34482
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: Charlie Brush, Health and Safety Program Manager, [phone]; [e-mail]. 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: Charlie Brush, Health and Safety Program Manager, [phone]; [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-62.002 Uniform Minimum Firefighter Employment Standards; Adoption of National Fire Protection Association Standards.

(1) No change.

(2) The codes and standards published by the National Fire Protection Association adopted and incorporated in this Rule chapter by reference may be purchased from obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101, or viewed on-line at www.NFPA.org. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303

Rulemaking Specific Authority 633.01(1), 633.45(1)(a), 633.808, 633.821 FS. Law Implemented 633.45(1)(a), 633.802, 633.821 FS. History–New 11-21-01, Formerly 4A-62.002, Amended 1-1-09,_________.

 

69A-62.021 Minimum Requirements for a General Guidelines Firefighter Employer Comprehensive Safety and Health Programs.

The following are the guidelines for a Firefighter Employer Comprehensive Safety and Health Program. These guidelines shall be used by all firefighter employers.

(1) No change.

(2) Safety Policies and Procedures Rules. Each firefighter employer shall develop and implement a set of safety rules policies and procedures that which shall be at least equivalent to or exceed applicable standards found in the Act or in Rrules 69A-62.001 through 69A-62.045 F.A.C. adopted pursuant to the Act.

(3) Safety and Health Training Program. Each firefighter employer shall implement a written safety and health training program, which shall address or include:

(a) No change.

(b) Instructional training for supervisors to include National Incident Management System (NIMS) training as outlined in Homeland Security Presidential Directive 5 (HSPD 5), adopted herein by reference. A copy of the document can be obtained at _http://www.fas.org/irp/offdocs/nspd/hspd-5.html. Supervisors shall receive additional training commensurate to their duties of management, command, and control.

(c) Specialized training as required by the rules of the division for those firefighter employees and supervisors who provide response, rescue and or mitigation to non-traditional fire suppression activities and any OSHA Standards and other applicable laws, rules or regulations.

(d) The firefighter employer shall ensure and document that each Each authorized emergency vehicle operator shall possess documentation that he or she has completed at least a 16-hour course of instruction, approved by the division, on driving an authorized emergency vehicle, as defined by Section 316.003(1), F.S., which includes, at a minimum, classroom and behind-the-wheel training in a vehicle of the largest same size, type and class as the emergency vehicle operator may will be assigned to operate. Additionally, emergency vehicle operators shall be familiarized with all vehicles prior to operating the vehicle. The training shall consist of the following as outlined below:

1. No change.

2. Practical.

a. through c. No change.

d. Steering technique during a skid; a skid pad is optional.

d.e. Turn-around-steering technique; fender judgment, road position, controlled braking, controlled acceleration, understeer, oversteer and chassis set.

(e) through (g) No change.

(h) A procedure for and the An analysis of accidents, illnesses and injuries experienced by the firefighter employer to determine both the cause of the incident and methods for future prevention specific additional training that may be needed.

(i) A training program outline of classes to be delivered including topics and objectives.

(j) A comprehensive training program content.

(j)(k) A hazard identification system.

(l) A new firefighter employee indoctrination program.

(k)(m) No change.

(4) Each firefighter employer shall assure that training and education are conducted frequently enough to assure that each firefighter is able to perform the firefighter’s assigned duties and functions satisfactorily and safely. in a safe manner so as not to endanger such firefighter or any other firefighter. Training shall be provided on as needed basis and must be provided at least annually. In addition, firefighters who are expected to perform interior structural firefighting shall be provided with an education session or training at least quarterly. All such training shall be documented and a permanent record of attendance shall be kept.

(5) through (7) No change.

Rulemaking Specific Authority 633.803, 633.804, 633.805, 633.808, 633.821 FS. Law Implemented 633.804, 633.805, 633.807, 633.808, 633.809, 633.821 FS. History–New 9-6-04, Amended 6-6-07, 1-1-09,_________.

 

69A-62.022 Firefighter Employer Comprehensive Safety and Health Remediation Compliance Plan.

(1) Firefighter All firefighter employers identified through Rule 69A-62.023, F.A.C., by an investigative recommendation or by a substantiated complaint, shall be inspected for compliance with the requirements of Rule Chapter 69A-62, F.A.C. Deficiencies and recommendations, if any, will be noted in an inspection report delivered to the firefighther employer electronically No later than and notified by the division as having a high frequency or severity of work related injuries and illnesses shall submit their Firefighter Employer Comprehensive Safety and Health Remediation Program to the division for approval within one hundred twenty (120) days after receipt of the inspection report the firefighter employer shall submit a Firefighter Employer Safety and Health Compliance Plan (Plan) to the Division notice.

(2) The Firefighter Employer Comprehensive Safety and Health Remediation Compliance Plan shall specify the action to be taken and the time needed for the firefighter employer to correct each deficiency identified and address each recommendation made in the inspection report. Any individual deficiency specifying a completion time greater than one year from the date of submission is not acceptable unless necessary to achieve the correction and justified in the Plan contain or address the specific components listed under the “General Guidelines for Firefighter Employer Comprehensive Safety and Health Programs” set forth in Rule 69A-62.021, F.A.C. The Plan shall be:

(a) Approved if it includes the correction of all deficiencies and addresses all recommendations noted with a completion date that is either less than one year from the date of submission, or a later date which is justified in the Plan;

(b) Deemed approved if not disapproved electronically within 60 days of receipt, and

(c) Disapproved if all deficiencies and recommendations are not addressed or a completion date greater than one year from the date of Plan submission is not justified.

(3) If a firefighter employer fails to submit a timely Firefighter Employer Comprehensive Safety and Health Remediation Plan to the Division, if the Plan is not approved after one re-submission, or if deficiencies are not timely corrected in accordance with the approved Plan, division the firefighter employer shall be subject to a penalty as prescribed in Section 633.811, F.S. (2003), or as otherwise provided by law.

(4) The Ddivision shall conduct a re-inspection at a mutually agreeable time but in no case longer than 1 year from the date of Plan approval. continuous evaluation of each approved plan to determine its overall effectiveness.

Rulemaking Specific Authority 633.803, 633.809, 633.813 FS. Law Implemented 633.809, 633.817 FS. History–New 9-6-04, Amended 6-6-07,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Charlie Brush
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 10, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 27, 2010