Sections 112.1816(6) and 633.520(2), F.S., require the Division of State Fire Marshal to adopt rules to establish an employer’s cancer prevention best practices related to personal protective equipment, decontamination, fire suppression equipment, ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.:RULE TITLE:

69A-62.025Employer Cancer Prevention Best Practices

PURPOSE AND EFFECT: Sections 112.1816(6) and 633.520(2), F.S., require the Division of State Fire Marshal to adopt rules to establish an employer’s cancer prevention best practices related to personal protective equipment, decontamination, fire suppression equipment, and fire stations.

SUMMARY: The Division has developed a self-assessment tool outlining best practices to be used by firefighter employers to reduce a firefighter’s exposure to known carcinogens. These practices are based on various standards of the National Fire Protection Association (NFPA) and the standards in the Federal Emergency Management Agency’s (FEMA) Safety and Health Considerations for the Design of Fire and Emergency Medical Services Stations.

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 Department’s economic analysis of the potential impact of the proposed rule amendments determined that there will be no adverse economic impact or increased regulatory costs that would require legislative ratification.

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: 112.1816(6), 633.520(2) FS.

LAW IMPLEMENTED: 112.1816, 633.520, 633.522 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: September 1, 2020, 10:00 a.m.

PLACE: Florida State Fire College, 11655 NW Gainesville Road, Ocala, FL. If state office buildings remain closed to the public at the time of this hearing due to the COVID-19 outbreak, the hearing (if requested) will only take place via conference call and the phone number is [phone], access code: 8255716.

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: Mark Harper at [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: Mark Harper, Assistant Superintendent, Florida State Fire College, 11655 NW Gainesville Road, Ocala, FL 34482-1486 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-62.025 Employer Cancer Prevention Best Practices.

(1) Each employer, as defined in section 112.191, F.S., should strive to achieve the best practices outlined in the Employer Cancer Prevention Best Practices – Self-Assessment Tool, Form DFS-K4-2203, for the prevention of cancer as it relates to personal protective equipment, decontamination, fire suppression apparatus, and fire stations. Form DFS-K4-2203 (Eff. 01/20), which is hereby incorporated by reference, may be obtained on the following link: <insert DOS website address>; or on the Department’s website: myfloridacfo.com/Division/SFM.

(2) The best practices outlined in Form DFS-K4-2203 are based on the following standards:

(a) National Fire Protection Association (NFPA) 1500, Standard on Fire Department Occupational Safety, Health, and Wellness Program (2018 Edition), which is hereby incorporated by reference;

(b) NFPA 1582, Standard on Comprehensive Occupational Medical Program for Fire Departments (2018 Edition), which is hereby incorporated by reference;

(c) NFPA 1851, Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting (2020 Edition), which is hereby incorporated by reference;

(d) NFPA 1901, Standard for Automotive Fire Apparatus (2018 Edition), which is hereby incorporated by reference;

(e) NFPA 1912, Standard for Fire Apparatus Refurbishing (2018 Edition), which is hereby incorporated by reference; and

(f) Federal Emergency Management Agency’s (FEMA) Safety and Health Considerations for the Design of Fire and Emergency Medical Services Stations (April 2018), which is hereby incorporated by reference and available on the following link: <insert DOS website address>; or on the following FEMA website: https://www.usfa.fema.gov/downloads/pdf/publications/design_of_fire_ems_stations.pdf.

(3) The NFPA standards referenced in paragraphs (2)(a) through (e) are copyrighted materials that cannot be copied but may be: (i) viewed during regular business hours at the Division of State Fire Marshal, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32399-0322; (ii) viewed during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250; (iii) accessed in a read-only, non-printable, non-downloadable format at the NFPA’s website at https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/Free-access; or (iv) purchased by contacting the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471; Phone [phone]; Website www.nfpa.org.

Rulemaking Authority 112.1816(6), 633.520(2) FS. Law Implemented 112.1816, 633.520, 633.522 FS. History–New _____________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Harper, Assistant Superintendent

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer and State Fire Marshal

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 6, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 10, 2020