Wisconsin — Workplace Safety

Wisconsin does not operate a state OSHA plan. Federal OSHA has jurisdiction over workplace safety for private-sector employers, enforcing standards under 29 U.S.C. §§ 651–678. Public-sector employees (state, agency, and political subdivision workers) receive equivalent protections under Wis. Stat. § 101.055, which requires the Wisconsin Department of Safety and Professional Services to adopt and enforce standards at least equal to federal OSHA standards. For private employers, contact federal OSHA's Wisconsin area offices; for public employers, DSPS administers inspections and enforcement.

Source: Wis. Stat. § 101.055 | OSHA State Plans

Wisconsin public employers (state agencies and political subdivisions) must maintain records of work-related injuries and illnesses and submit an annual summary to the Department of Safety and Professional Services (DSPS) under Wis. Stat. § 101.055(7)(a). These obligations layer on top of the federal OSHA recordkeeping framework under 29 C.F.R. Part 1904, with Wisconsin-specific deadlines and forms for the public sector.

Who must report

"Public employer" means the state, any state agency, or any political subdivision of the state — municipalities, counties, school districts, and other governmental entities. Wis. Stat. § 101.055(2)(d) defines the scope. Private-sector employers in Wisconsin are not subject to these state reporting rules; they follow federal OSHA recordkeeping requirements (or small-employer exemptions under 29 C.F.R. § 1904.1–1904.2) and report only to federal OSHA, not to DSPS.

Annual report — March 1 deadline

Each public employer must report work-related injuries and illnesses to DSPS for the previous calendar year by March 1 of each year. SPS 332.205(2) implements the statutory mandate and specifies the deadline. The report must be submitted on form SBD-10710 or an equivalent (the OSHA Form 300A summary is accepted). Public employers must file even if they had zero recordable injuries or illnesses during the year; enter "0" for cases if none occurred.

DSPS specifies in SPS 332.205(2) note that the online reporting portal for public-sector annual injury and illness reporting is accessed at "widoa.force.com/dsps/login" (not the Electronic Safety and Licensing Application, eSLA). Practitioners should consult the current text of SPS 332.205 and the official DSPS program page for any future updates on submission instructions.

If DSPS does not receive the submission by the March 1 deadline, the department may issue orders and conduct a safety inspection.

Posting requirement — February 1 through April 30

The annual summary (form SBD-10710 or OSHA 300A equivalent) must be posted in the workplace where employee notices are customarily displayed. The posting period runs from February 1 through April 30 of the year following the calendar year covered by the report. For example, the 2025 calendar-year summary must be posted February 1–April 30, 2026.

This four-month posting obligation is a Wisconsin-specific overlay; federal OSHA's posting requirement for private employers runs February 1–April 30 as well under 29 C.F.R. § 1904.32(b)(6), so Wisconsin aligns the timeline for consistency.

Log and record retention — 5 years

Public employers must keep the injury and illness log (OSHA Form 300 or equivalent) and the annual summary on file for 5 years following the year to which they pertain. Wis. Stat. § 101.055(7)(a) requires the records be available to DSPS, the employer's employees, and employee representatives upon request. The statute incorporates patient health-care record confidentiality protections under Wis. Stat. §§ 146.82 and 146.83, so while aggregate data and the log are accessible, detailed medical records remain protected.

What must be recorded

Wisconsin public employers follow the federal OSHA injury and illness recording criteria in 29 C.F.R. § 1904.4–1904.7. An injury or illness is recordable if it is work-related (arising from an event or exposure in the work environment) and results in:

• Death;
• Days away from work;
• Restricted work or job transfer;
• Medical treatment beyond first aid; or
• Loss of consciousness.

Certain significant diagnosed conditions are also recordable even without lost time: cancer, chronic irreversible disease, fractured or cracked bone, punctured eardrum, needlestick injuries involving potentially infectious material, tuberculosis infections after workplace exposure, and medical removal under an OSHA health standard. See 29 C.F.R. § 1904.7.

SPS 332.205(1) excludes the small-employer and low-hazard-industry partial exemptions found in 29 C.F.R. §§ 1904.1 and 1904.2 from Wisconsin's public-sector rules, meaning all public employers must maintain logs and file annual summaries regardless of size or industry classification.

Relation to private-sector recordkeeping

Private employers in Wisconsin remain under federal OSHA jurisdiction for workplace safety. They maintain OSHA 300 logs and post the 300A summary under 29 C.F.R. Part 1904, but they do not submit annual reports to DSPS (unless they also have public-sector employees, in which case only the public-sector workforce triggers the Wisconsin reporting obligation). For an overview of federal versus state jurisdiction in Wisconsin, see the Federal and state jurisdiction section.

Source: Wis. Stat. § 101.055(7)(a) | SPS 332.205 | DSPS Public Safety — Injury & Illness Reporting

Wisconsin public employers (the state, any agency, or any political subdivision, as defined in Wis. Stat. § 101.055(2)(d)) must orally report the following serious work-related incidents to the Department of Safety and Professional Services (DSPS), Division of Industry Services (DIS), within 8 hours:

• The death of any employee resulting from a work-related incident.
• The in-patient hospitalization of three or more employees due to the same work-related incident.

Reports must be made by telephone or in person. For incidents outside normal business hours, the employer must contact Wisconsin Emergency Management. These requirements are set by Wis. Admin. Code § SPS 332.205 and substitute for the parallel federal OSHA (29 C.F.R. § 1904.39(a)) reporting rule for public-sector employers. Private employers in Wisconsin remain subject to direct federal OSHA jurisdiction.

Practical contact information (as of June 2026):

• Business hours: (608) 266-3151 or (877) 617-1565, or 411 Telecommunications Relay.
• After hours: Wisconsin Emergency Management at (800) 943-0003.

Source: Wis. Admin. Code § SPS 332.205 Source: Wisconsin DSPS Public Sector Employee Safety

Wisconsin public employers (state agencies and political subdivisions) that fail to submit the required annual injury and illness report to the Department of Safety and Professional Services (DSPS) by the March 1 deadline, or that do not maintain the required records as specified in Wis. Stat. § 101.055(7), are subject to enforcement actions by DSPS.

DSPS enforcement authority

If a public employer does not comply with the recordkeeping or reporting requirements, DSPS may issue an order directing the employer to comply. Under Wis. Stat. § 101.055(8), if an employer fails to obey the order, DSPS may apply to the circuit court for enforcement. The court may order the employer to take corrective action. Failure to comply with a court order subjects the employer to contempt proceedings, which can result in fines or other appropriate remedies as determined by the court (Wis. Stat. § 785.04 covers contempt penalties in Wisconsin courts).

While the statute does not enumerate specific administrative monetary penalties (such as the per-day fines federal OSHA imposes), Wisconsin law gives DSPS and the courts broad enforcement authority to compel compliance for public-sector recordkeeping and reporting violations. In practice, the consequences for a missed deadline or non-maintained log typically start with an order from DSPS, escalating to judicial enforcement only if that order is ignored.

No explicit administrative fines

Unlike federal OSHA penalties for the private sector, Wisconsin’s public-sector workplace safety statutes do not provide for fixed-dollar administrative penalties for reporting or recordkeeping violations. However, failure to comply with court-ordered compliance measures may result in penalties under contempt of court procedures.

Source: Wis. Stat. § 101.055(8) | Wis. Stat. § 785.04

Wisconsin public employers are required to display certain workplace safety notices where employee postings are customarily made (such as break rooms, near time-clocks, or other locations visible to employees). As of June 2026, the Wisconsin Department of Workforce Development (DWD) lists two posters as required for public-sector employers:

1. Public Employee Safety and Health poster: This poster outlines basic safety rights and complaint procedures for public employees. The DWD directs public employers to display this notice in a conspicuous location. While there is no statute explicitly referencing this poster by name or number, the requirement is set through DWD guidance and is consistent with Wisconsin’s obligations to maintain a safe work environment for public employees under Wis. Stat. § 101.055 (which incorporates federal OSHA protections for public-sector workplaces).

2. Hazardous Chemicals in the Workplace (Right-to-Know) poster: Public employers are also instructed by DWD to prominently display this poster, which informs employees of their rights regarding hazardous chemicals they may encounter at work. This stems from Wisconsin's hazard communication rule, though the poster requirement follows agency practice rather than an explicit citation in statute or regulation.

In addition, Wis. Stat. § 101.581 requires any employer (public or private) that uses, produces, or studies toxic substances, infectious agents, or pesticides to post, at the usual employee notice location in the workplace, a sign informing employees that they have the right to request information about:

• The identity of any such toxic substance or agent;
• A description of its hazardous effects;
• Precautions to use when handling it.

This signage requirement is a statutory mandate, but it does not specify a particular format or require the use of a DWD-issued poster; employers must ensure the content is provided.

The most current poster versions and details about posting obligations are maintained on the DWD’s official workplace posters page. Public employers should check the DWD site for any changes or new poster issuances before publishing or replacing required notices.

Source: DWD Required Posters | Wis. Stat. § 101.581