Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-62 - FIREFIGHTER EMPLOYMENT STANDARDS › Section 69A-62.032 - Division Inspection or Investigation

Current through Reg. 50, No. 138; July 16, 2024
(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.