Section 69A-62.032 - Division Inspection or Investigation(1) Under the Act, the division is authorized to conduct inspections or investigations for the purpose of ensuring compliance with the Act and division rules. The division shall conduct an inspection or investigation to determine jurisdiction, the occurrence of a violation, or to verify abatement. The division shall conduct an inspection or investigation by means of onsite inspection or investigation, telephone, correspondence, or personal interview, which may be in private.(2) A firefighter employer may request the division to investigate the workplace to ensure compliance with the Act and division rules.(3) The division shall not be required to provide notice of an inspection or investigation when the division is advised that a condition or practice that creates an "imminent danger" to the safety and health of workers.(4) Upon entering a workplace, the division shall advise the person in charge of the work being performed at the workplace that the division intends to conduct an inspection or investigation.(5) The division shall conduct an opening conference, explaining the purpose of the inspection or investigation, inspection or investigation procedures, and firefighter employer obligations and responsibilities.(6) The division may but is not required to invite a representative of the firefighter employer or a firefighter employee, or both, to accompany the division during an inspection or investigation.(7) The division shall consider evidence observed in plain view or obtained during an inspection or investigation, or otherwise obtained from a telephone or personal interview, correspondence, firefighter employer record, maintenance record, insurance record, laboratory report, or electronic information.(8) After the inspection or investigation, the division shall conduct a closing conference with the firefighter employer to discuss any violations noticed, answer questions, explain penalty assessments, and identify abatement verification procedures, including the potential for a subsequent inspection or investigation by the division to verify abatement.(9) The division shall issue a Notice of Violation prescribed in rule 69A-62.034, F.A.C., for each violation identified by the division during an inspection or investigation at the completion of the inspection or investigation.(10) Complaint Investigation. (a) The division shall consider a complaint from any person who alleges a violation of the Act or a division rule. The complainant may elect to remain anonymous. The complainant must identify the location of the workplace that gives rise to the complaint and allege known particular facts that constitute a violation. A complaint may be oral or written.(b) The division shall conduct an investigation of any complaint that facially establishes reasonable cause to believe that a violation exists or occurred.(11) Fatality or Serious Incident Investigation or equipment failure.(a) Each firefighter employer shall notify the Division of any fatality or serious incident on-duty injury that required a hospitalization period of greater than twenty-four (24) hours. The employer shall notify the Division via the Division's 24 hour phone number (352)369-2813 within four (4) hours of the occurrence.(b) The division shall conduct an investigation of each fatality or serious incident.(c) The Division shall conduct an investigation of a fatality or serious incident involving equipment failure.(12) If the division determines during an investigation that a firefighter employer's failure to comply with the Act or a division rule directly contributed to a fatality or serious incident, the division shall issue to the firefighter employer a Notice of Violation specifying an immediate abatement date.(13) The division shall conduct an investigation to verify abatement of a violation within six months after the issuance date of the Notice of Violation.Fla. Admin. Code Ann. R. 69A-62.032
Rulemaking Authority 633.128(1)(a), 633.518 FS. Law Implemented 633.502, 633.518 FS.
New 9-6-04, Amended by Florida Register Volume 40, Number 117, June 17, 2014 effective 6/30/2014.New 9-6-04, Amended 6-30-14.