Could the recently published Occupational Safety and Health Administration (OSHA) proposed standard titled, Emergency Response, intended to update the 44-year old 29 CFR 19010.156, Fire Brigades standard, be the demise for many of America’s 23,169 mostly or all volunteer registered fire departments?1 Many across the nation believe so.
Despite recent outcry, OSHA’s proposed standard is nothing new. In fact, OSHA studied potential changes to the safe conduct of emergency response and responders after it published a request for information (RFI)2 in 2007 consisting of 41 unique questions pertaining to response operations, personal protective equipment (PPE), training and qualifications, medical evaluation and health monitoring, safety, and economic impacts should regulations change. Debate about such changes has continued for the past 17-years, why such brouhaha now? Could it be, this time, change appears to be unavoidable?
The Occupational Safety and Health Act3 was enacted “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources”4. However, in their response to a question asking of any federal regulations that apply to volunteer Emergency Medical Technicians (EMT) who may be asked to respond as part of a Hazardous Materials Rescue Team, among other duties, OSHA stated, “Federal OSHA standards generally do not cover volunteers, unless they are compensated in some way and would therefore be considered employees.”5
The title of Volunteer Firefighter alone implies that individuals holding such title perform tasks associated with firefighting without personal compensation. However, as is the case in Pennsylvania with respect to workers compensation6, volunteer firefighters are defined as an “employe” of the municipality to which they are authorized to perform duties associated with firefighting7. Why is this so important to know?
In Pennsylvania, municipalities such as the 1,547 townships scattered throughout 67 counties, bear a responsibility to “…ensure that fire and emergency medical services are provided within the township by the means and to the extent determined by the township…”8 Furthermore, the Pennsylvania Workers’ Compensation Act requires a municipality where the volunteer firefighter serves, to provide workers compensation coverage9. Such coverage is typically funded with tax-dollars.
Should a volunteer firefighter in Pennsylvania be injured while performing tasks associated with firefighting to include responding to and from an emergency incident, he or she could submit a workers’ compensation claim and if approved, the volunteer firefighter could receive compensation for lost wages from their regular job while recovering. It is this personal compensation that is a factor when determining if federal OSHA standards should apply to volunteer firefighters and is what has many volunteer firefighters and their departments in Pennsylvania vocally opposing the proposed OSHA standard. Why; likely due to the fact they won’t meet the various requirements in the proposed standard.
Of the 22 National Fire Protection Association (NFPA) standards OSHA referenced in their proposed standard, aside from those that would require every firefighter to meet minimum training and certification levels, one particular standard seems to be rarely cited among volunteer firefighters. NFPA 1582, Standard on Comprehensive Occupational Medical Program for Fire Departments, 2022 ed., is used to determine if firefighters are “fit for duty”. Why is NFPA 1582 considered so important; because noncompliance with the standard could potentially end a volunteer firefighter’s service and disrupt Emergency Response Capabilities (ERC) to the community they serve.
Evidence exists to show firefighters have a higher risk than the general population of developing certain diseases and or acute and chronic health conditions such as cancer, as well as sustaining injuries that might render them unable to work, sometimes permanently. Yet many volunteer fire service organizations and or the municipalities that maintain emergency service agreements with them, for various reasons, lack a medical surveillance requirement of some type for firefighters. Therefore, it’s fair to consider that a majority of volunteer firefighters, despite their years of service and knowledge, may not be “fit for duty” to safely perform the rigorous and dangerous tasks involved with firefighting and rescue, including driving and operating emergency vehicles.
With a focus towards reducing firefighter health and safety risks, it is unlikely current firefighters would be grandfathered with respect to the medical surveillance requirement should the proposed OSHA standard become law. Therefore, all firefighters in Pennsylvania, to include volunteers, who perform tasks associated with firefighting as outlined in NFPA 1010, Standard on Professional Qualifications for Firefighters, 2024 ed., and other applicable standards, would likely be required to establish a baseline and then an annual medical surveillance to determine if they are “fit for duty” in accordance with NFPA 1582.
OSHA’s proposed standard is extensive and if it becomes law, doing so could turn the entire volunteer fire service not only in Pennsylvania, but across the nation, on its head, causing many volunteers to exit on their own or be forced out so the fire department and or the municipality who maintains emergency service agreements with the fire department do not incur a monetary penalty. Failure to comply with Federal OSHA standards could result in monetary penalties upwards of $161,323 per violation. For many volunteer fire service organizations, incurring just one penalty could deal a significant, unrecoverable blow. Should a municipality be penalized, the costs incurred would likely be paid from public funds.
Therefore, in anticipation of OSHA’s proposed standard becoming law, municipalities and emergency service organizations should, if not already, be proactive to ensure emergency responders are prepared and that emergency response capabilities are not disrupted should a failure to meet the medical surveillance requirements or any other presented in the proposed standard be exposed.
If passed into law, there is little doubt the proposed OSHA standard will create a significant rift across the fire service, especially the volunteer fire service. However, outright opposing OSHA’s proposed standard will do nothing but kick the can down the road forcing someone else, the next generation of firefighters, to deal with the issue later and at a greater cost to themselves and the community.
In closing, creating change and embracing such is never a welcomed task, however, as the hazards found within our communities continue to become more dangerous and greater in numbers, the fire service must evolve to deal with them. Therefore, with respect to the OSHA proposed standard, stepping outside ones comfort zone and embracing change is necessary to ensure those who put themselves in harms way, many who do so voluntarily, are prepared to protect themselves, their fellow emergency responders, and those within our communities. Like it or not, there is no excuse for being unprepared and no room for those who refuse to change.
- U.S. Fire Administration National Fire Department Registry (https://apps.usfa.fema.gov/registry/summary)
- https://www.osha.gov/laws-regs/federalregister/2007-09-11-0
- 29 U.S.C. 651 et. seq
- 29 U.S.C. 651 (b)
- https://www.osha.gov/laws-regs/standardinterpretations/1992-02-12
- Dec. 5, 1974, P.L. 782, No 263 Section 601(a)(1)
- ibid
- May 1, 1933 (P.L. 103, No. 69)
- Jun. 2, 1915 P.L. 736, No. 338
