Wis. Admin. Code Department of Safety and Professional Services SPS 341.15

Current through October 28, 2024
Section SPS 341.15 - General inspection requirements
(1) ALL INSPECTIONS. Certified inspectors, upon presenting appropriate credentials to the owner or user, may do any of the following:
(a) Enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee.
(b) Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any employer, owner, operator, agent or employee.

Note: Section 101.02(15) (g) of the Statutes authorizes the Department and its deputies to "enter any place of employment or public building, for the purpose of collecting facts and statistics, examining the provisions made for the health, safety and welfare of the employees, frequenters, the public or tenants therein and bringing to the attention of every employer or owner any law, or any order of the department, and any failure on the part of such employer or owner to comply therewith."

(2) REPRESENTATION. The certified inspector, before making an inspection, shall contact the employer or employer's representative who shall be given an opportunity to accompany the inspector during the physical inspection of any workplace under sub. (1).

Note: The department procedure is not to give advance notice, but in the scheduling and in the act of inspecting it may not always be possible to avoid advance notice or to obtain accompaniment, but otherwise these rules will be diligently observed.

(3) An insurance company may provide the inspection services specified in this chapter, in lieu of those services being provided by the department or an authorized agent, only if the company meets all of the following conditions:
(a) It is authorized by this state to provide boiler and machinery insurance.
(b) It is actively engaged in writing boiler and machinery insurance for the general public.
(c) It uses only certified inspectors to perform the inspections.
(4) REPORTING CHANGES.
(a) The certified inspector's employer shall report to the department not later than 30 calendar days after inspection service is started or discontinued on a boiler or pressure vessel. The reason for discontinuing the service shall be given on the report. If the boiler or pressure vessel is installed in a first class city that provides boiler and pressure vessel inspections, the report shall also be provided to the city.
(b) The certified inspector's employer shall report to the department after a boiler or pressure vessel under a service contract becomes inactive or non-existent. Failure to make this report may result in assessment of a fee in accordance with ch. SPS 302.
(5) COMPLIANCE RESPONSIBILITIES.
(a)
1. The certified inspector shall provide any inspection report describing any noncompliance with this chapter to the owner or user within 5 business days after completing the inspection.
2. The certified inspector shall leave a copy of the inspection report on site if a life-safety violation is indicated.
(b) The owner or user shall correct any aspects that do not comply with applicable requirements of this chapter, within any time period prescribed by the certified inspector or the department.

Wis. Admin. Code Department of Safety and Professional Services SPS 341.15

Cr. Register, February, 1988, No. 386, eff. 3-1-88; am. (1) (intro.), (2), Register, October, 1996, No. 490, eff. 11-1-96; cr. (3), Register, February, 2000, No. 530, eff. 3-1-00; CR 05-025: renum. (3) to be (3) (a), cr. (3) (b) Register October 2005 No. 598, eff. 11-1-05; correction in (3) (b) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; CR 11-047: am. (1) (intro.), (a), renum. (3) to be (4) and am., cr. (3), (5) Register May 2012 No. 677, eff. 6-1-12.