69A-62.004. Uniform Minimum Firefighter Employment Standards: Presence of Toxic Substances

(1) A firefighter employer shall maintain in the firefighter place of employment:

(a) A list of work areas, identified by name and location, where toxic substances, as defined in subsection (3) and not exempted by subsection (4) below, are present, and the chemical and common name of each toxic substance present; and

(b) A material safety data sheet for each toxic substance listed above.

(2) Whenever there is a change in the work areas where toxic substances are stored, or the addition of toxic substances in the firefighter place of employment, the firefighter employer shall update the information provided pursuant to subsection (1).

(3) Since not all substances are hazardous in every form to which a firefighter employee may be exposed, these rules apply when the following conditions are present:

(a) The substance is manufactured, produced, used, applied, or stored in the workplace; and

(b) The substance is known to cause damage to living tissue, impairment of the central nervous system, severe illness, or, in extreme cases, death, when ingested, inhaled or absorbed by the skin, during customary or reasonably foreseeable handling or use.

(4) A substance or mixture which satisfies the criteria in subsection (3) is exempt from coverage if the substance:

(a) Is toxic only if chronically ingested;

(b) Is an alcoholic beverage as defined in the Beverage Law;

(c) Is toxic but labeled pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, as amended; and the Federal Food, Drug and Cosmetic Act, as amended;

(d) Is a consumer product;

(e) Is a commercial product which is substantially equivalent in formulation to similar consumer products used for the same general purpose, when used in the workplace in such a manner that firefighter employee exposure is not significantly greater than exposures resulting from the principal consumer use of the similar consumer product;

(f) Is food stuff;

(g) Is fossil fuel in fuel tanks, engines, and other operating systems of vehicles where the substances are present only in amounts and forms substantially equivalent to the amounts and forms generally available to consumers; and

(h) Is fossil fuel used for heating, or power generation purposes, such that firefighter employees are not exposed to fumes or combustion by-products.

(5) Every firefighter employer who uses, applies, or stores toxic substances, as described in subsection (3) and not exempted in subsection (4), in the workplace shall post a notice in a place where notices are normally posted, informing firefighter employees of their rights under the law. Such posters may be obtained upon request from the State Fire Marshal.

Rulemaking Authority 633.104(1) FS. Law Implemented 633.128(1)(a), 633.520, 633.508 FS. History–New 11-21-01, Formerly 4A-62.004, Amended 6-7-10.