Nov 5, 2024
Falconer firefighters are pictured at the scene of a fire in October. Volunteer fire departments have raised concerns about new federal OSHA standards they say could make it easier to recruit and keep members.
Both across the state and locally, concerns have been raised by volunteer fire departments over new regulations that have been proposed by the Department of Labor’s Occupational Safety and Health Administration for first responders.
According to the Firefighter’s Association of the State of New York, the new regulations proposed by OSHA, which would replace the 43-year-old Fire Brigades Standard, sets nearly two dozen new rules for fire departments across the country. As it is currently drafted, these regulations would have potentially profound impacts on New York’s volunteer fire departments.
Additionally, FASNY said in a press release that OSHA has not made changes to these regulations in 40 years and is now proposing major changes with limited, if any, consideration on the impacts these new mandates will have on local volunteer fire departments, especially small and rural fire departments across upstate New York. If OSHA is successful in advancing these new regulations in their current form, the new requirements would create significant administrative and operational difficulties and could ultimately compromise public safety, all while driving up the costs of providing fire protection. Currently, the time donated by volunteer firefighters saves the country more than $46.9 billion annually. In New York State alone, volunteers save residents almost $4 billion annually in additional property taxes by donating their time and efforts.
Rob Galbraith, a representative of the Ripley Hose Company No. 1, said that the proposed rules and regulations have been in the making since 2007, and that a panel of experts was convened during the creation process to help develop the language in the rule, but that many went underrepresented.
“They convened a panel of ‘experts’ to help develop the language in the proposed rule,” Galbraith said. “Unfortunately, the folks who were most impacted by this, our nation’s volunteer emergency service personnel, were grossly underrepresented in the proceedings. The proposed rule was released late last December 2023 for comments from the industry.”
The original comment period was cut off in June 2024, but was extended to July because of the extensive feedback from volunteer emergency responder organizations in the state. On OSHA’s website for the new regulations, Galbraith said there are around 4,156 comments from many departments and organizations, overwhelmingly against the new regulations.
Included in the new regulations is a significant amount of administration work that Galbraith said would be counterproductive to volunteer fire departments. Also included are changes to required physicals, a significant expected increase in the department’s budget, concerns regarding confidential health files, and other vague language tha Galbraith said is a cause for concern, and more.
“Volunteer firefighters and EMS responders account for around 679,000 or 65% of the nation’s emergency responders,” Galbraith said. “This unfunded mandate adds a huge burden. It’s not getting easier to recruit volunteer firefighters.”
A lot more paperwork will be required with the new regulations, something that Galbraith said would cause the Ripley department to have to hire an entirely new person to handle. Another concern is with the aging population of volunteer firefighters, specifically as the new regulations will call for volunteers and regular or full-time firefighters to pass the same physical.
“This is basically one size fits all, though they are saying it is not,” Galbraith said. “Volunteers work other jobs, and with the work, family balance some might not be able to pass the same physical as regular firefighters. If they can pass the normal required physical they should be ok.”
Also included in the regulations is the requirement to retire some equipment potentially prematurely, which Galbraith said will be another big cost to volunteer fire departments. One of the biggest problems though is with the overall language.
“We are asking for clear and concise language,” Galbraith said. “There’s a tremendous amount of ambiguity. We would like more clarity. The devil is in the details and we need more details or I suggested a template. It could reach a tipping point with too much for volunteer fire departments to do. To expect a rural department to comply with the same rules as urban or cities is a burden and unrealistic. It’s not clear rural departments were taken into account.”
Galbraith said the regulations lead to other concerns such as some departments shutting their doors, and in places like Ripley that would leave the nearest first responders up to 60 miles away from where the call came from. Ripley Hose Company No. 1 was one of many to send letters to OSHA, asking them to reconsider the regulations, and as of mid-October OSHA has released a statement, saying that they may reconsider the changes for volunteer fire departments. Galbraith said he believed that OSHA did not take everything into consideration when it comes to volunteer departments, but credited them with realizing that now and listening to people’s concerns.
A public hearing has been scheduled for the regulations beginning on Nov 12, and Galbraith is one of many who have signed up to speak at the hearings — including both private citizens and fire or emergency services organizations not just in New York but across the country — which are expected to last two to four weeks.
Noel Guttman, Director of Emergency Services and Fire Coordinator for Chautauqua County, said that while many of the regulations are bad, not all of them are.
“A lot of these regulations are good and focus on safety, but some make it difficult for volunteer firefighters to comply with them,” Guttman said. “There was an open comment period and I think they did not expect the response and such pushback as they got. They do seem to be listening and saying that they may exempt volunteer firefighters from the new regulations, but that maybe is not right either since some of the regulations are good, but it will be difficult for any volunteer fire department to 100% comply with them.”
Guttman said that while some regulations are good, many are overreaching. He said the upcoming public hearings may take up to four weeks, but that is also a good thing.
“There has been an overwhelming response and there is no quick resolution, but thankfully OSHA is listening and seems to be focused on making sure this is done right,” Guttman said.
Galbraith said following normal protocol for rule making the public hearings and comment period is the final step and the original plan was for the rule to be enacted at the end of 2024.
“We just hope they recognize that volunteer emergency services should be held to a different standard and take into account the nature of the work compared to professional departments,” Galbraith said. “They are reconsidering, but we will continue to pressure them and voice our concerns.”
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