Opinion No. Oag 11-91, (1991)

CAROL SKORNICKA, Secretary Department of Industry, Labor andHuman Relations

Your predecessor stated that the application of various existing and pending state rules and statutes to individual fire departments depends on whether the department is a public sector employer or a private sector employer. For example, section101.055, Stats., governs public employes' safety and health.

Section 101.055(3)(a) provides, in part, that the Department of Industry, Labor and Human Relations "shall adopt, by administrative rule, standards to protect the safety and health of public employes." A public employe…