AB150,1275,2113 101.01 (10) The term "owner" shall mean and include every "Owner" means
14any person, firm, corporation, state, county, town, city, village, school district, sewer
15district, drainage district and other public or quasi-public corporations as well as
16any manager, representative, officer, or other person having ownership, control or
17custody of any place of employment or public building, or of the construction, repair
18or maintenance of any place of employment or public building, or who prepares plans
19for the construction of any place of employment or public building. Said ss. 101.01
20to 101.25 This subchapter shall apply, so far as consistent, to all architects and
21builders.

AB150,1276,7

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1101.01 (13) The term "safe" "Safe" or "safety", as applied to an employment or
2a place of employment or a public building, shall mean means such freedom from
3danger to the life, health, safety or welfare of employes or frequenters, or the public,
4or tenants, or fire fighters, and such reasonable means of notification, egress and
5escape in case of fire, and such freedom from danger to adjacent buildings or other
6property, as the nature of the employment, place of employment, or public building,
7will reasonably permit.

AB150,1276,1110 101.01 (15) The term "welfare" shall mean and include "Welfare" includes
11comfort, decency and moral well-being.

AB150,1276,1814 101.02 (5) (c) In the discharge of his or her duties such agent shall have every
15power of an inquisitorial nature granted in ss. 101.01 to 101.25 this subchapter to
16the department, the same powers as a court commissioner with regard to the taking
17of depositions and all powers granted by law to a court commissioner relative to
18depositions.

AB150,1277,220 101.02 (5) (f) Upon the request of the department, the department of justice or
21district attorney of the county in which any investigation, hearing or trial had under
22ss. 101.01 to 101.25 this subchapter is pending, shall aid therein and prosecute the
23department in the investigation, hearing or trial and, under the supervision of the
24department, prosecute all necessary actions or proceedings for the enforcement and
25punishment of violations of those sections this subchapter and all other laws of this

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1state relating to the protection of life, health, safety and welfare, and for the
2punishment of all violations thereof.

AB150,1277,74 101.02 (6) (e) Any employer or other person interested either because of
5ownership in or occupation of any property affected by any such order, or otherwise,
6may petition for a hearing on the reasonableness of any order of the department in
7the manner provided in ss. 101.01 to 101.25 this subchapter.

AB150,1277,199 101.02 (7) (a) Nothing contained in ss. 101.01 to 101.25 this subchapter may
10be construed to deprive the common council, the board of alderpersons, the board of
11trustees or the village board of any village or city, or a local board of health, as defined
12in s. 250.01 (3), of any power or jurisdiction over or relative to any place of
13employment or public building, provided that, whenever the department shall, by an
14order, fix a standard of safety or any hygienic condition for employment or places of
15employment or public buildings, the order shall, upon the filing by the department
16of a copy of the order with the clerk of the village or city to which it may apply, be held
17to amend or modify any similar conflicting local order in any particular matters
18governed by the order of the department. Thereafter no local officer may make or
19enforce any order contrary to the order of the department.

AB150,1278,321 101.02 (7m) Notwithstanding sub. (7) (a), no city, village or town may make or
22enforce any ordinance that is applied to any multifamily dwelling, as defined in s.
23101.971 (2), and that does not conform to subch. VI and this section or is contrary to
24an order of the department under ss. 101.01 to 101.25 this subchapter, except that
25if a city, village or town has a preexisting stricter sprinkler ordinance, as defined in

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1s. 101.975 (3) (a), that ordinance remains in effect, except that the city, village or town
2may take any action with regard to that ordinance that a political subdivision may
3take under s. 101.975 (3) (b).

AB150,1278,95 101.02 (9) A substantial compliance with the requirements of ss. 101.01 to
6101.25, this subchapter shall be sufficient to give effect to the orders of the
7department, and they shall not no order may be declared inoperative, illegal or void
8for any omission of a technical nature in with respect thereto to the requirements of
9this subchapter.

AB150,1278,1211 101.02 (10) Orders of the department under ss. 101.01 to 101.25 this
12subchapter shall be subject to review in the manner provided in ch. 227.

AB150,1278,1914 101.02 (12) Every day during which any person, persons, or corporation, or any
15officer, agent or employe thereof, shall fail of a person or corporation, fails to observe
16and comply with any order of the department or to perform any duty enjoined by ss.
17101.01 to 101.25, specified under this subchapter shall constitute a separate and
18distinct violation of such the order , or of said sections as the case may be the
19requirements of this subchapter, whichever is applicable.

AB150,1279,421 101.02 (13) (a) If any employer, employe, owner, or other person violates ss.
22101.01 to 101.25 this subchapter, or fails or refuses to perform any duty lawfully
23enjoined specified under this subchapter, within the time prescribed by the
24department, for which no penalty has been specifically provided, or fails, neglects or
25refuses to obey any lawful order given or made by the department, or any judgment

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1or decree made by any court in connection with ss. 101.01 to 101.25 this subchapter,
2for each such violation, failure or refusal, such employer, employe, owner or other
3person shall forfeit and pay into the state treasury a sum not less than $10 nor more
4than $100 for each such offense.

AB150,1279,146 101.02 (15) (b) The department shall administer and enforce, so far as not
7otherwise provided for in the statutes, the laws relating to child labor, laundries,
8stores, employment, licensed occupations, school attendance, bakeries, employment
9offices, intelligence offices and bureaus, manufacture of cigars, sweatshops, corn
10shredders, woodsawing machines, fire escapes and means of egress from buildings,
11scaffolds, hoists, ladders and other matters relating to the erection, repair, alteration
12or painting of buildings and structures, and all other laws protecting the life, health,
13safety and welfare of employes in employments and places of employment and
14frequenters of places of employment.

AB150,1279,1916 101.02 (15) (f) The department shall investigate, ascertain and determine such
17reasonable classifications of persons, employments, places of employment and public
18buildings, as shall be necessary to carry out the purposes of ss. 101.01 to 101.25 this
19subchapter.

AB150,1280,321 101.02 (15) (g) Any commissioner, the The secretary or any deputy of the
22department may enter any place of employment or public building, for the purpose
23of collecting facts and statistics, examining the provisions made for the health, safety
24and welfare of the employes, frequenters, the public or tenants therein and bringing
25to the attention of every employer or owner any law, or any order of the department,

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1and any failure on the part of such employer or owner to comply therewith. No
2employer or owner may refuse to admit any commissioner, the secretary or any
3deputy of the department to his or her place of employment or public building.

AB150,1280,95 101.02 (15) (k) Every employer and every owner shall furnish to the
6department all information required by it to carry into effect ss. 101.01 to 101.25 that
7the department requires to administer and enforce this subchapter, and shall make
8provide specific answers to all questions submitted by that the department relative
9thereto asks relating to any information that the department requires.

AB150,1280,2211 101.02 (15) (L) Any employer receiving from the department any blanks calling
12for form requesting information required by that the department to carry into effect
13ss. 101.01 to 101.25 requires to administer and enforce this subchapter, along with
14directions to fill the same complete the form, shall cause the same to be properly filled
15out so as to complete the form and answer fully and correctly each question therein
16propounded, and in case asked in the form. If the employer is unable to answer any
17question, the employer shall give a good and sufficient reason for such failure, and
18said answer his or her inability to answer the question. The employer's answers shall
19be verified under oath by the employer, or by the president, secretary or other
20managing officer of the corporation, if the employer is a corporation, and the
21completed form shall be returned to the department at its office within the period
22fixed by the department.

AB150,1281,10

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1101.02 (18) The department may establish a schedule of fees for publications
2and seminars provided by the department for which no fee is otherwise authorized,
3required or prohibited by statute. Fees established under this subsection for
4publications and seminars provided by the department may not exceed the actual
5cost incurred in providing those publications and seminars. If the department
6receives unanticipated proceeds from a statewide labor and management conference
7provided by the department that exceed the actual cost of the conference, the
8department may use those unanticipated proceeds to provide grants for local labor
9and management conferences, educational activities and other activities to promote
10positive relations between labor and management.

AB150,1281,1713 101.02 (18) The department may establish a schedule of fees for publications
14and seminars provided by the department for which no fee is otherwise authorized,
15required or prohibited by statute. Fees established under this subsection for
16publications and seminars provided by the department may not exceed the actual
17cost incurred in providing those publications and seminars.

AB150,1281,2519 101.02 (18m) The department may perform testing of petroleum products
20other than testing provided under ch. 168. The department may establish a schedule
21of fees for such petroleum product testing services. The department shall credit all
22revenues received from fees established under this subsection to the appropriation
23account under s. 20.445 (1) (ga). Revenues from fees established under this
24subsection may be used by the department to pay for testing costs, including
25laboratory supplies and equipment amortization, for such products.

AB150,1282,93 101.02 (18m) The department may perform testing of petroleum products
4other than testing provided under ch. 168. The department may establish a schedule
5of fees for such petroleum product testing services. The department shall credit all
6revenues received from fees established under this subsection to the appropriation
7account under s. 20.445 (1) 20.143 (3) (ga). Revenues from fees established under this
8subsection may be used by the department to pay for testing costs, including
9laboratory supplies and equipment amortization, for such products.

AB150,1282,13 11101.03 Testimonial powers of commissioners, secretary and deputy.
12Each of the commissioners, secretary The secretary or any deputy secretary may
13certify to official acts, and take testimony.

AB150,1282,1816 103.04 (1) The commission shall issue its decision in any case where a petition
17for review is filed under ch. 102 or 108 or s. 66.191, 1981 stats., or s. 40.65 (2), 101.22
18106.04 (10), 101.223 106.07 (4), 111.39, 303.07 (7) or 303.21.

AB150,1283,220 101.055 (1) Intent. It is the intent of this section to give employes of the state,
21of any state agency and of any political subdivision of this state rights and protections
22relating to occupational safety and health equivalent to those granted to employes
23in the private sector under the occupational safety and health act of 1970 (5 USC

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15108, 5314, 5315 and 7902; 15 USC 633 and 636; 18 USC 1114; 29 USC 553 and 651
2to 678; 42 USC 3142-1 and 49 USC 1421).

AB150,1283,54 101.055 (2) (b) "Public employe" or "employe" means any employe of the state,
5of any state agency or of any political subdivision of the state.

AB150,1283,87 101.055 (2) (d) "Public employer" or "employer" means the state, any state
8agency or any political subdivision of the state.

AB150,1283,2110 101.055 (5) (a) A public employe or public employe representative who believes
11that a safety or health standard or variance is being violated, or that a situation
12exists which poses a recognized hazard likely to cause death or serious physical
13harm, may request the department to conduct an inspection. The department shall
14provide forms which may be used to make a request for an inspection. If the employe
15or public employe representative requesting the inspection so designates, that
16person's name shall not be disclosed to the employer or any other person, including
17any state agency except the department. If the department decides not to make an
18inspection, it shall notify in writing any employe or public employe representative
19making a written request. A decision by the department not to make an inspection
20in response to a request under this subsection is reviewable by the department under
21sub. (6) (a) 3. and is subject to judicial review under sub. (6) (a) 4.

AB150,1284,3

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1101.055 (8) (ag) In this subsection, "division of equal rights" means the division
2of equal rights in the department of industry, labor and human relations acting
3under the authority provided in s. 106.06 (4).

AB150,1284,135 101.055 (8) (b) A state employe who believes that he or she has been discharged
6or otherwise discriminated against by a public employer in violation of par. (a) (ar)
7may file a complaint with the personnel commission alleging discrimination or
8discharge, within 30 days after the employe received knowledge of the
9discrimination or discharge. A public employe other than a state employe who
10believes that he or she has been discharged or otherwise discriminated against by
11a public employer in violation of par. (a) (ar) may file a complaint with the division
12of equal rights of the department alleging discrimination or discharge, within 30
13days after the employe received knowledge of the discrimination or discharge.

AB150,1285,515 101.055 (8) (c) Upon receipt of a complaint, the personnel commission or the
16division of equal rights, whichever is applicable, shall, except as provided in s. 230.45
17(1m), investigate the complaint and determine whether there is probable cause to
18believe that a violation of par. (a) (ar) has occurred. If the personnel commission or
19the division of equal rights finds probable cause it shall attempt to resolve the
20complaint by conference, conciliation or persuasion. If the complaint is not resolved,
21the personnel commission or the division of equal rights shall hold a hearing on the
22complaint within 60 days after receipt of the complaint unless both parties to the
23proceeding agree otherwise. Within 30 days after the close of the hearing, the
24personnel commission or the division of equal rights shall issue its decision. If the
25personnel commission or the division of equal rights determines that a violation of

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1par. (a) (ar) has occurred, it shall order appropriate relief for the employe, including
2restoration of the employe to his or her former position with back pay, and shall order
3any action necessary to ensure that no further discrimination occurs. If the
4personnel commission or the division of equal rights determines that there has been
5no violation of par. (a) (ar), it shall issue an order dismissing the complaint.

AB150,1285,117 101.12 (1) (intro.) The Except for plans that are reviewed by the department
8of health and social services under ss. 50.02 (2) (b) and 50.36 (2), the department shall
9require the submission of essential drawings, calculations and specifications for
10public buildings, public structures and places of employment including the following
11components:

AB150,1285,1613 101.123 (1) (b) "Inpatient health care facility" means a county home
14established under s. 49.14 49.70, a county infirmary established under s. 49.171
1549.72, a community-based residential facility or a nursing home licensed under s.
1650.03 or a tuberculosis sanatorium established under s. 58.06, 252.073 or 252.076.

AB150,1286,218 101.125 (1) (a) "Building" means a "place of employment" as defined in s. 101.01
19(2) (f) and a "public building" as defined in s. 101.01 (2) (g) place of employment or
20a public building and includes, without limitation because of enumeration,
21wholesale and retail stores, storerooms, office buildings, factories, warehouses,
22governmental buildings, hotels, hospitals, motels, dormitories, sanatoriums,
23nursing homes, retirement homes, theaters, stadiums, gymnasiums, amusement
24park buildings, schools and other buildings used for educational purposes, places of
25worship and other places of public assembly and all residences including mobile

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1homes, manufactured or industrialized housing, lodging homes and any other
2building used as a dwelling for one or more persons.

AB150,1286,54 101.126 (1m) In developing the requirements under sub. (1), the department
5shall consult with the council on recycling market development board.

AB150,1286,117 101.14 (1) (c) The department is hereby empowered and directed to provide the
8form of a course of study in fire prevention for use in the public schools, dealing with
9the protection of lives and property against loss or damage as a result of preventable
10fires, and transmit the same by the first day of August in each year to the state
11superintendent department of public instruction education.

AB150,1286,13 13101.143 (title) Petroleum storage remedial action; financial assistance.

AB150,1286,1815 101.143 (2) (d) The department shall reserve a portion, not to exceed 20%, of
16the amount annually appropriated under s. 20.445 (1) 20.143 (3) (v) for awards under
17this section to be used to fund emergency remedial action and claims that exceed the
18amount initially anticipated.

AB150,1286,2520 101.143 (2m) Interdepartmental coordination. Whenever the department of
21industry, labor and human relations development receives a notification under sub.
22(3) (a) 3. or the department of natural resources receives a notification of a petroleum
23product discharge under s. 144.76, the department receiving the notification shall
24contact the other department and shall schedule a meeting of the owner or operator
25or person owning a home oil tank system and representatives of both departments.

AB150,1287,82 101.143 (3) (ae) 1. An owner or operator or a person owning a home oil tank
3system is not eligible for an award under this section for costs incurred because of
4a petroleum product discharge from a petroleum product storage system or a home
5oil tank system that meets the performance standards in 40 CFR 280.20 or s. ILHR
610.51, Wis. adm. code in rules promulgated by the department relating to
7underground storage tank systems installed after December 22, 1988, except as
8provided in subd. 2.

AB150,1287,2410 101.143 (3) (ae) 2. If a petroleum product storage system or home oil tank
11system that meets the performance standards in 40 CFR 280.20 or s. ILHR 10.51,
12Wis. adm. code in rules promulgated by the department relating to underground
13storage tank systems installed after December 22, 1988, is located on a site on which
14a petroleum product discharge is confirmed before the date on which the petroleum
15product storage system or home oil tank system is installed and the department of
16natural resources does not issue a case closure letter with respect to that discharge
17before the installation date, then the owner or operator or person owning the home
18oil tank system remains eligible for an award for costs incurred because of a
19petroleum product discharge, from that petroleum product storage system or home
20oil tank system, which is confirmed, and with respect to which activities under par.
21(c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on
22which the department of natural resources issues a case closure letter with respect
23to the discharge that occurred before the installation of the petroleum product
24storage system or home oil tank system, whichever is earlier.