This rule promulgation amends firefighter employers’ notification requirements to the Division for certain injuries. The promulgation also includes minor editorial corrections.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-62.030Definitions

69A-62.032Division Inspection or Investigation

PURPOSE AND EFFECT: This rule promulgation amends firefighter employers’ notification requirements to the Division for certain injuries. The promulgation also includes minor editorial corrections.

SUMMARY: The rule changes the notification requirements and makes editorial corrections.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Division of State of Fire Marshal conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in subsection 120.541(1), F.S. and it therefore does not require legislative ratification pursuant to subsection 120.541(3), F.S.

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.

RULEMAKING AUTHORITY: 633.128(1)(a), 633.518 FS.

LAW IMPLEMENTED: 633.518 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, May 22, 2014, 9:00 a.m.

PLACE: Florida State Fire College, 11655 NW Gainesville Road, Ocala, FL 34482-1486

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: Rick Rochford, [phone] or [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: Rick Rochford, Safety Program Manager, Bureau of Fire Fighters Standards & Training, Division of State Fire Marshal, Department of Financial Services, The Florida State Fire College, 11655 N.W. Gainesville Road, Ocala, FL 34482-1486, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-62.030 Definitions.

Part III of this rule chapter incorporates by reference the definition of “occupational disease” contained in subsection Section 440.151(2), F.S. (2003), and the definitions contained in Section 440.02, F.S. (2003). Further, with respect to Part III of these rules, the division adopts the following definitions:

(1) through (6) No change.

(7) “Investigation” means verification of firefighter employer compliance with the Act or division rule by a firefighter employer including firefighter employer requests, complaint investigations, fatality investigations, and serious safety incident investigations.

(8) through (11) No change.

Rulemaking Authority 633.518 633.806 FS. Law Implemented 633.518 633.806 FS. History–New 9-6-04, Amended_________.

 

69A-62.032 Division Inspection or Investigation.

(1) through (10) No change.

(11) Fatality or Serious Incident Multiple Injury Event Investigation or equipment failure.

(a) Each firefighter employer shall notify the Division division of any fatality or three (3) or more serious on-duty injury that requires a hospitalization period of greater than twenty-four (24) hours injuries. The employer shall notify the Division at the same incident via the Division’s 24-hour phone number 1(352)427-4401 within four (4) hours of the occurrence.

(b) The division shall conduct an investigation of each fatality or serious incident multiple injury events, of which it is notified.

(c) The Division shall conduct an investigation of a fatality or serious incident involving equipment failure. Any injury or fatality that is reported to or appears to be the result of equipment failure shall be investigated by the division.

(12) through (13) No change.

Rulemaking Authority 633.12845(1)(a), 633.518 633.806 FS. Law Implemented 633.518 633.801, 633.806, 633.815 FS. History–New 9-6-04, Amended___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rick Rochford, Safety Program Manager, Bureau of Fire Fighters Standards & Training, Division of State Fire Marshal, Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief of Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 10, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 18, 2013