The purpose and effect of the rule is to simplify the calculation used to identify firefighter employers experiencing a high frequency of severity of injuries, and the use of available, reliable data.

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

RULE NO: RULE TITLE
69A-62.023: Criteria for Identifying Firefighter Employers with a High Frequency or Severity of Injuries
PURPOSE AND EFFECT: The purpose and effect of the rule is to simplify the calculation used to identify firefighter employers experiencing a high frequency of severity of injuries, and the use of available, reliable data.
SUMMARY: Section 633.809, Florida Statutes, directs the Division of State Fire Marshal to develop a means to identify firefighter employers whose firefighter employees have a high frequency or severity of work-related injuries. The purpose is to assist the identified firefighter employers in reducing the frequency and severity of work-related injuries through the development of safety and health programs and inspections.
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: 633.804, 633.809 FS.
LAW IMPLEMENTED: 633.804, 633.809 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: Tuesday, June 29, 2010, 1:00 p.m., or as soon thereafter as a prior rule hearing, if requested, is concluded
PLACE: Auditorium, Florida State Fire College, 11655 N.W. Gainesville Rd., Ocala, FL 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: Charles 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: Charles Brush, Health and Safety Program Manager, [phone]; [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 69A-62.023 follows. See Florida Administrative Code for present text.)

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.

(d) “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.

(e) “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.

(f) “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.

(g) “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) Experiencing 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 633.803, .804, and .809, 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 employee 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 633.809, 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 developed by the division, posted on the Department’s website at: http://www.myfloridacfo.com/sfm/bfst/SafetyHealth/SafetyResrcs.htm, will be used to conduct the inspection.

Rulemaking Specific Authority 633.804, 633.809 FS. Law Implemented 633.804, 633.809 FS. History–New 9-6-04, Amended ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Barry Baker
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 11, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 24, 2009