The proposed rulemaking will clarify the recordkeeping responsibilities of firefighter employers for the identification and reporting of firefighter occupational injuries, diseases, illnesses, and fatalities; update the ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-62.021Minimum Requirements for a Firefighter Employer Comprehensive Safety and Health Program

69A-62.033Recordkeeping Responsibilities of Firefighter Employers

PURPOSE AND EFFECT: The proposed rulemaking will clarify the recordkeeping responsibilities of firefighter employers for the identification and reporting of firefighter occupational injuries, diseases, illnesses, and fatalities; update the forms used to record those events; provide a record retention schedule; and make other necessary updates.

SUMMARY: The rules provide for recordkeeping responsibilities of firefighter employers, including maintenance of a log and summary of occupational injuries, diseases, and illnesses; producing a notice of injury and firefighter employee accident investigation records; and retaining such records for a prescribed period.

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 preliminary economic analysis indicated that there will be no adverse economic impact or increases in 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: 633.508, 633.518 FS.

LAW IMPLEMENTED: 633.508, 633.518, 633.520, 633.522 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Schell, Department of Financial Services, Division of State Fire Marshal, 11655 NW Gainesville Road, Ocala, FL 34482, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-62.021 Minimum Requirements for a Firefighter Employer Comprehensive Safety and Health   Program.

(1) through (6) No change. 

(7) Policy for enforcement of safety rules and regulations.

(a) No change.

(b) Incident Reporting. Each firefighter employer shall use the United States Fire Administration’s National Fire Incident Reporting System Fire Service Casualty Module (NFIRS-5), http://www.flrules.org/Gateway/reference.asp?No=Ref-08856, to report all firefighter employee injuries, deaths, or exposures, including casualties that occur in conjunction both with incident responses and with non-incident events such as station duties or training. The Fire Service Casualty Module (NFIRS-5) (January 2015) is hereby incorporated by reference; however, the Division shall accept earlier versions of the Fire Service Casualty Module (NFIRS-5). The NFIRS software is available as free desktop and web-based applications from the United States Fire Administration at https://www.nfirs.fema.gov/ or as NFIRS standard-compliant products that can be purchased from software vendors at https://www.usfa.fema.gov/data/nfirs/vendors/active_vendors.html. A firefighter employer that does not have internet access may print out the NFIRS-5 form, complete it with ink, and mail it to 11655 Northwest Gainesville Road, Ocala, Florida 34482-1486.

(c) The Fire Service Casualty Module (NFIRS-5) shall record all injuries, including type of accident, agencies, nature or type of injury, body location, the specific activity at the time of the injury or occurrence, cause of injury, and contributing causes of injury. Such reports shall also contain any event, injury, or occurrence enumerated in section 112.181, F.S., to which the presumptions therein are applicable. These reports shall be submitted to the division within seven (7) days of the occurrence.

(d) Each firefighter employer must document occupational injuries, disease diagnoses, illnesses, and fatalities using the “Fire Service Log and Summary of Occupational Injuries, Disease Diagnoses, Illnesses, and Fatalities,” DFS-K4-1568, effective (MM/YY), https//www.flrules.org/Gateway/reference.asp?No=Ref-__, which is incorporated by reference (sometimes referred to as the “log and summary”). A copy of the DFS-K4-1568 may be obtained by writing the Bureau of Fire Standards and Training, 11655 Northwest Gainesville Road, Ocala, Florida 34482-1486 or by downloading the document from the Bureau’s website at https://www.myfloridacfo.com/division/sfm/bfst/bfstforms.htm. The firefighter employer or person who supervises the preparation of the log and summary shall sign the log and summary. Instructions for completing the log and summary are available on the Directions for Completing Fire Service Casualty Report, DFS-K4-1569, effective ___, http://www.flrules.org/Gateway/reference.asp?No=Ref-___, which is incorporated by reference. A copy of the DFS-K4-1569 may be obtained by writing to the Division of State Fire Marshal, Department of Financials Services, 200 East Gaines Street, Tallahassee, Florida 32399-0340, or by downloading the document from the Bureau’s website: https://www.myfloridacfo.com/division/sfm/bfst/bfstforms.htm.

(e) Each of the records required under paragraph (7)(a) through (d), shall be created on a calendar year basis beginning January 1 and ending December 31 of each year.

(f) In addition to the records required in paragraphs (7)(a) through (d), each firefighter employer shall create and maintain records required by Rule 69L-56.401, F.A.C.

(g) Each occupational injury, disease diagnosis, illness, and fatality must be recorded on either the NFIRS-5 or the log and summary within six (6) days of the firefighter employer learning of the occurrence.

Rulemaking Authority 633.508, 633.518 FS. Law Implemented 633.508, 633.518, 633.520, 633.522 FS. History–New 9-6-04, Amended 6-6-07, 1-1-09, 5-22-11, 12-12-17, _________.

 

Substantial rewording of Rule 69A-62.033 follows. See Florida Administrative Code for present text.

 

69A-62.033 Recordkeeping Responsibilities of Firefighter Employers.

(1) All records required by Rule Chapters 69A-62, 69A-37, 69L-56, F.A.C., or statutory Chapters 633 or 440, F.S., must be maintained for three (3) calendar years following the end of the calendar year during which they were created.

(2) Each firefighter employer shall maintain all records required under this Rule Chapter, either:

(a) In the firehouse where the firefighter who is the subject of a report or record required by this Rule Chapter is injured, or;

(b) At another location identified by the firefighter employer by address and telephone number.

Rulemaking Authority 633.508 FS. Law Implemented 633.508 FS. History–New 9-6-04, Amended ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Susan Schell, Safety Programs Manager

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 6, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 21, 2021