HO-CHUNK NATION CODE (HCC)

HO-CHUNK NATION CODE (HCC)

TITLE 6 – PERSONNEL, EMPLOYMENT AND LABOR CODE

SECTION 8 – OCCUPATIONAL SAFETY AND HEALTH PROGRAM ACT OF 2002

SUBSECTION 7 – PERSONAL PROTECTIVE EQUIPMENT

ENACTED BY LEGISLATURE: MAY 20, 2002

LAST AMENDED AND RESTATED: December 6, 2022

CITE AS: 6 HCC § 8-7

This subsection supersedes the Ho-Chunk Nation Personal Protective Equipment Ordinance enacted

September 8, 1998 by Ho-Chunk Nation Legislative Resolution 09/08/98A.

1. Authority. See basic document (Occupational Safety and Health Program Act).

2. Purpose. This subsection of the Occupational Safety and Health Program Act provides safety

rules and procedures to be followed by all Nation employees to protect the safety, health, and welfare

of employees by establishing minimum standards for personal protective equipment (PPE).

3. Policies and Requirements.

a. Personal protective equipment shall be provided wherever it is necessary by reason of hazards

of processes or environment, chemical hazards, radiological hazards, or mechanical irritants

encountered in a manner capable of causing injury or impairment in the function of any part of the

body through absorption, inhalation, or physical contact.

b. All employees requiring PPE shall be fitted with and shall properly utilize the required PPE to

minimize/eliminate exposure to safety hazards and health risks.

c. Safety and health risks will be eliminated through engineering controls and/or work practices

whenever possible. PPE will be issued in situations when engineering controls and/or work practices

are not possible or fail to reduce the hazard or risk to acceptable levels.

d. All visitors will comply with the PPE requirements of each work area.

4. Definitions. See basic document (Occupational Safety and Health Program Act). In addition, the

following definitions apply to this subsection.

a. “Approved Respirator” means the whole unit with specific components jointly approved by the

National Institute of Occupational Safety and Health (NIOSH) and the Mine Safety and Health

Administration (MSHA).

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b. “Audiogram” means a pure tone, air conduction, hearing threshold examination.

c. “Audiologist” means a person trained and licensed in the specialized problems of hearing and

deafness.

d. “Ceiling Value” means the upper limit of exposure of chemicals in the ambient air allowed for

any period of time.

e. “Dangerous Atmospheres” means any atmosphere whereby an employee could be overcome by

a toxic or oxygen deficient atmosphere.

f. “Decibel (dB)” means a non-dimensional unit used to express sound levels. It is a logarithmic

expression of the ratio of a measured quantity to a reference quantity.

g. “Enterprise” means any business entity or enterprise owned or operated by the Nation,

including gaming facilities.

h. “Immediately Dangerous to Life or Health (IDLH)” means an atmospheric concentration of any

toxic, corrosive, or asphyxiant substances that poses an immediate threat to life or would cause

irreversible or delayed adverse health effects or would interfere with an individual’s ability to escape

from a dangerous atmosphere.

i. “Otolaryngologist” means a physician or surgeon specializing in the practice of Otology (ear

disease), Rhinology (nose disease), and Laryngology (throat and larynx disease).

j. “Oxygen Deficient Atmosphere” means any atmosphere containing less than 19.5% oxygen.

k. “Permissible Exposure Limits (PEL)” means the level of chemicals in the ambient air that most

workers can be exposed to on a daily basis without harmful effects.

l. “Personal Protective Equipment (PPE)” means all clothing and accessories designed to create a

barrier against workplace hazards.

m. “Time-Weighted Average (TWA)” means the exposure level averaged over an 8- hour time

frame.

5. Hazard Assessment. A representative from the OSHD will determine where hazards are present

requiring the use of PPE. The OSHD will determine the proper PPE required and will communicate

this to the Department of Personnel and the affected department or enterprise of the Nation. The

department/enterprise will ensure each affected employee receives this information and is provided

with the proper PPE.

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6. Training. Training shall be provided to all personnel required to use PPE. Minimum training will

include when PPE is necessary, what PPE is necessary, how to wear PPE, limitations of PPE, and

proper care and maintenance of PPE. Each affected employee shall demonstrate an understanding of

the training, and the ability to use PPE properly, before being allowed to perform work requiring the

use of PPE. If a change in the workplace, PPE required, or knowledge of employee occurs, retraining

will be provided. Training will be documented as follows: sign-in roster, training outline, and a copy

of any training materials used.

7. Eye and Face Protection.

a. Protective eye and face equipment shall be provided and required where there is a reasonable

probability of injury that can be prevented by such equipment. Eye and face protection used must

meet the requirements of American National Standards Institute (ANSI) Standard Z87.1-2020,

“American National Standard for Occupational and Educational Personal Eye and Face Protection

Devices.” All employees are required to wear the prescribed eye and face protection to protect them

from a hazardous environment.

b. Employees shall use appropriate eye or face protection when exposed to eye or face hazards

from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or

vapors, or potentially injurious light radiation.

c. Employees shall use eye protection that provides side protection when there is a hazard from

flying objects. Detachable side protectors (e.g. clip-on or slide-on side shields) meeting the pertinent

requirements of this section are acceptable.

d. Eye and face protection must meet the following requirements.

(1) Provide adequate protection.

(2) Be reasonably comfortable.

(3) Fit snugly, yet not unduly interferes with movements.

(4) Be durable; be capable of being disinfected.

(5) Be easily cleanable.

(6) Be kept clean and in good repair.

e. Employees who wear prescription lenses while engaged in operations that involve eye hazards

shall wear eye protection that incorporates the prescription in its design, or wear eye protection that

can be worn over the prescription lenses without disturbing the proper position of the prescription

lenses or the protective lenses.

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f. Every eye and face protector must be distinctly marked to facilitate identification of the

manufacturer in accordance with ANSI Z87.1. When protector limitations and precautions are

provided by the manufacturer; they will be transmitted to the users and compliance enforced.

8. Head Protection.

a. Employees shall wear a protective helmet when working in areas where there is a potential for

injury to the head from falling objects. Employees shall wear a protective helmet designed to reduce

electrical shock hazard when near exposed electrical conductors, which could contact the head.

b. Protective helmets shall comply with ANSI/International Safety Equipment Association (ISEA)

Z89.1-2014, “American National Standard for Industrial Head Protection.”

9. Foot Protection.

a. Employees shall use protective footwear when working in areas where there is a danger of foot

injuries due to falling or rolling objects, or objects piercing the sole, and where such employee’s feet

are exposed to electrical hazards.

b. Protective footwear shall comply with ASTM F2412-18a, “Standard Test Methods for Foot

Protection”, and ASTM F-2413-18, “Standard Specification for Performance Requirements for

Protective Footwear”.

10. Hand Protection.

a. Employees shall use appropriate hand protection when their hands are exposed to hazards such

as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions;

punctures; chemical burns; thermal burns; and harmful temperature extremes.

b. The selection of the appropriate hand protection shall be based on an evaluation of the

performance characteristics of the hand protection relative to the task(s) to be performed, conditions

present, duration of use, and the hazards and potential hazards identified.

c. The Nation shall provide an alternative glove to any employee who has an allergy to latex at no

cost to the employee.

11. Hearing Protection.

a. Protection against the effects of noise exposure shall be provided when the sound levels exceed

the following when measured on the A scale of a standard sound level meter at slow response:

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Duration Per Day (hours)

Sound Level

8

90

6

92

4

95

3

97

2

100

12

102

1

105

2

110

1/4 or less

115

b. When employees are subjected to sound exceeding those listed above, feasible administrative or

engineering controls shall be utilized. If such controls fail to reduce sound levels within those levels,

PPE shall be provided and used to reduce sound levels within those levels.

c. When any employee’s exposure equals or exceeds an 8-hour time-weighted average of 85

decibels, the employee shall be notified of such and shall be included in an audiometric monitoring

program.

d. Audiometric testing shall be made available to all employees whose exposures equal or exceed

an 8-hour time-weighted average of 85 decibels. The testing shall be provided at no cost to

employees. The tests shall be performed by a licensed or certified audiologist, otolaryngologist, or

other physician, or by a technician who is certified by the Council of Accreditation in Occupational

Hearing Conservation. A technician who performs audiometric tests must be responsible to an

audiologist, otolaryngologist or physician.

e. Audiometric Testing Program.

(1) Within 6 months of an employee’s first exposure at or above 85 decibels, a valid baseline

audiogram shall be established against which subsequent audiograms can be compared. Testing to

establish a baseline audiogram shall be preceded by at least 14 hours without exposure to workplace

noise. Hearing protectors may be used as a substitute for the requirement that baseline audiograms be

preceded by 14 hours without exposure to workplace noise. The employee shall be notified of the

need to avoid high levels of non-occupational noise exposure during the 14-hour period immediately

Preceding the audiometric examination.

(2) At least annually after obtaining the baseline audiogram, a new audiogram shall be obtained

for each employee exposed at or above an 8-hour time-weighted average of 85 decibels.

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(3) Audiometric tests shall be pure tone, air conduction, hearing threshold examinations, with

test frequencies including as a minimum 500, 1000, 2000, 3000, 4000, and 6000 Hz. Tests at each

frequency shall be taken separately for each ear.

(4) Audiometric tests shall be conducted with audiometers that meet the specifications of, and

are maintained and used in accordance with, American National Standard Specification for

Audiometers, S3.6-2010.

f. Hearing protectors shall be made available to all employees exposed to an 8-hour time-weighted

average of 85 decibels or greater at no cost to the employees. Hearing protectors shall be replaced as

necessary. Employees shall be given the opportunity to select their hearing protectors from a variety

of suitable hearing protectors. Supervisors shall ensure the correct use of all hearing protectors.

g. A training program shall be instituted for all employees who are exposed to noise at or above an

8-hour time-weighted average of 85 decibels, and supervisors shall ensure employee participation in

such program. The training program shall be repeated annually for each employee included in the

hearing conservation program. The training shall include the following.

(1) The effects of noise on hearing.

(2) The purpose of hearing protectors, the advantages, disadvantages, and attenuation of various

types, and instructions on selection, fitting, use and care.

(3) The purpose of audiometric testing, and an explanation of the test procedures.

h. Recordkeeping.

(1) The OSHD shall maintain an accurate record of all employee exposure measurements.

(2) The OSHD shall retain all employee audiometric test records obtained. This record shall

include the name and job classification of the employee; the date of the audiogram; the examiner’s

name; the date of the last calibration of the audiometer; and the employee’s most recent noise

exposure assessment.

(3) The OSHD shall retain these records for at least the following time periods:

(a) Noise exposure measurement records shall be retained for two years.

(b) Audiometric test records shall be retained for the duration of the affected employee’s

employment.

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12. Protection From Exposure to Blood and Other Infectious Materials. The following is

extracted from Subsection 2 (Exposure Control) to the Occupation Safety and Health Program Act (6

HCC § 8-2).

a. When there is occupational exposure (as defined in paragraph 4c of Subsection 2), the Nation

shall provide, at no cost to the employee, appropriate PPE such as, but not limited to, gloves, gowns,

laboratory coats, face shields or masks and eye protection, and mouthpieces, resuscitation bags,

pocket masks, or other ventilation devices. PPE will be considered appropriate only if it does not

permit blood or other potentially infectious materials to pass through to or reach the employee’s work

clothes, street clothes, undergarments, skin, eyes, mouth, or other mucous membranes under normal

conditions of use and for the duration of time which the protective equipment will be used.

b. Supervisors shall ensure that the employee uses appropriate PPE unless the supervisor shows

that the employee temporarily and briefly declined to use PPE when, under rare and extraordinary

circumstances, it was the employee’s professional judgment that in the specific instance its use would

have prevented the delivery of health care or public safety services or would have posed an increased

hazard to the safety of the worker or co-worker. When the employee makes this judgment, the

circumstances shall be investigated and documented in order to determine whether changes can be

instituted to prevent such occurrences in the future.

c. The supervisor shall ensure that appropriate PPE in the appropriate sizes is readily accessible

at the worksite or is issued to employees. Hypoallergenic gloves, glove liners, powderless gloves, or

other similar alternatives shall be readily accessible to those employees who are allergic to the gloves

normally provided.

d. The Nation shall clean, launder, and dispose of PPE required at no cost to the employee.

e. The Nation shall repair or replace PPE as needed to maintain its effectiveness, at no cost to the

employee.

f. If a garment(s) is penetrated by blood or other potentially infectious materials, the garment(s)

shall be removed immediately or as soon as feasible.

g. All PPE shall be removed prior to leaving the work area. When PPE is removed it shall be

placed in an appropriately designated area or container for storage, washing, decontamination or

disposal.

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h. Gloves shall be worn when it can be reasonably anticipated that the employee may have hand

contact with blood, other potentially infectious materials, mucous membranes, and non-intact skin;

when performing vascular access procedures; and when handling or touching contaminated items or

surfaces.

(1) Disposable (single use) gloves such as examination gloves shall be replaced as soon as

practical when contaminated or as soon as feasible if they are torn, punctured, or when their ability to

function as a barrier is compromised.

(2) Disposable (single use) gloves shall not be washed or decontaminated for re-use.

(3) Utility gloves may be decontaminated for re-use if the integrity of the glove is not

compromised. However, they must be discarded if they are cracked, peeling, torn, punctured, or

exhibit other signs of deterioration or when their ability to function as a barrier is compromised.

i. Masks in combination with eye protection devices, such as goggles or glasses with solid side

shields, or chin-length face shields, shall be worn whenever splashes, spray, spatter, or droplets of

blood or other potentially infectious materials may be generated and eye, nose, or mouth

contamination can be reasonably anticipated.

j. Appropriate protective clothing such as, but not limited to, gowns, aprons, lab coats, clinic

jackets, or similar outer garments shall be worn in occupational exposure situations. The type and

characteristics will depend upon the task and degree of exposure anticipated.

13. Administration and Enforcement. See Section 12 of the Occupational Safety and Health

Program Act.

a. In addition, the OSHD will:

(1) Inspect work areas to determine any safety hazards and health risks that may exist.

(2) Designate work areas that require PPE and the type of PPE required. These requirements

will be reported to the Department of Personnel for inclusion in job descriptions as a condition of

employment.

(3) Establish procedures to train personnel in the requirements for selection, use and care of

PPE.

(4) Maintain records of inspections for at least 30 years.

b. Supervisors of employees shall:

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(1) Acquire and maintain PPE in accordance with the procedures specified herein.

(2) Ensure that affected personnel under their supervision are issued PPE.

(3) Ensure compliance with and initiate appropriate personnel action in situations of misuse

and/or noncompliance of PPE requirements in accordance with the disciplinary procedures outlined

in the Nation's personnel and employment law.

(4) Ensure employees receive training on all PPE they are required to wear.

c. All employees authorized and required to wear PPE will:

(1) Inspect the PPE prior to use and immediately report deficiencies to their supervisor.

(2) Use PPE in accordance with guidance provided by their supervisor or OSHD personnel

and as specified herein.

(3) Properly store and maintain PPE to ensure serviceability.

_________________________________________________________________________________

Legislative History:

4/24/97 Education, . . . Committee approved Personal Protective Equipment Ordinance and referred the Cost

Analysis to Finance, Audits, . . . Committee.

4/29/97 Tabled by Full Legislature.

5/6/97 Legislature recommended Rep. T. Thundercloud confer with Jill Suhr, Dept of Labor regarding his

questions on the Ordinance.

6/19/97 Finance, Audits, . . . Committee recommended employees pay for required safety shoes and the Nation to

pay all other safety equipment costs.

9/1/98 Third draft adopted by Legislative Resolution 9/08/98A.

6/13/00 Revision reviewed by Administration Committee.

12/6/01 Reviewed by Administration Committee.

1/7/02 Legislature posts for 45-day Public Review.

5/20/02 Enacted as 6 HCC § 8-7 (Personnel Protective Equipment) of the (Occupational Safety and Health Program

Act) by Legislative Resolution 5/20/02E.

9/29/22 Legislature posts for 45-day Public Review.

12/6/22 Enacted as Personal Protective Equipment (6 HCC § 8-7) by Legislative Resolution 12-06-22E.

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