Local fire departments push back against proposed OSHA mandates

Chiefs ask OSHA to pull back requirements that could result in shutdowns of firehouses

BETHLEHEM and COLONIE – Local fire officials are saying no to the U.S. Occupational Safety and Health Administration’s proposed revisions to federal firefighter safety standards announced on February 5.  They say the proposed regulations are overly burdensome and impossible to comply with. Those regulations, if adopted, would also apply to EMS and rescue services.

The proposed Emergency Response Standard, would update the current Fire Brigade standard in place since 1980. OSHA says the revisions are needed to improve firefighter and emergency responder safety relating to, for example, chronic illnesses, heart attacks, and exposure to hazardous materials.

Opposition to the updated regulations from Colonie and Bethlehem volunteer firefighter departments has been swift and vocal. Many are submitting comments to OSHA during the public comment period that was recently extended from May 5 to June 21. Citing the increased training, equipment replacement, physical requirements, among others, they predict the new standards will wreak havoc on their operations, jeopardize recruitment and impose unfunded mandates. Selkirk Fire Department Chief Tom Neri predicted the regulations would “wipe out the volunteer fire service because they are impossible to comply with.”

A lot of uncertainty hangs over local volunteer fire departments if the regulations are adopted in their present form. West Albany Fire Department Chief Daniel Sullivan  said fire department budgets “can’t come close to keeping up with these mandates.” Albany County Fire Coordinator Gerald Parish, Jr. said the question is who is paying for all this. He said this is another unfunded mandate and believes New York State has to pay for more instruction.

Town of Colonie Fire Coordinator Michael Romano said, “It’s almost like they are trying to get rid of volunteer firefighter services, but that would be ludicrous.”

Parish predicted that some volunteer fire departments “just won’t do it and will roll the dice on what may or may not happen.  Others will say I can’t do this and will just step away.”  Local fire Chiefs differed on future compliance if the regulations are adopted in the current form.In Bethlehem, Slingerlands Fire Department Chief Craig Sleurs said,  “We’re getting ready for it, but it doesn’t mean we’re going to agree with it.”

Sullivan, by contrast, said he would “try to accommodate what I could reasonably, but I would not put the crunch on my department to appease the federal government.”  “I would take that on my shoulders,” he said. “We do everything we can do for firefighter safety.  We buy the best gear and training we can within our budget, so if there are things in there that would help and not be too devastating, I would do it because we are always doing what we can for firefighter safety.”

Fire officials suggested there are no good alternatives.  “I don’t think Bethlhem would look at a paid department.  It would cost a lot of money and then what do you do with the five fire districts you already have,” Sleurs said.  Parish cited a FASNY study that it would cost New York State $5 billion additional tax dollars if volunteer fire departments ceased operation.  “The residents of Albany County would see a 48% increase in their property taxes to cover the bill to have a fully paid fire service,” he said.

Sullivan predicted, “the regulations will result in closures of fire houses without a doubt – 100% – because these standards are unobtainable for a lot of departments.”  Parish said he is not saying fire departments will close, but has concerns.  “What are you going to do in, say, the hill towns?  Call 911 and no one answers because OSHA put the fire department out of business? Are you going to close the fire department down?”

Neri remains unsure of the future under the regulations, but thinks at a minimum fire departments will consolidate.  That would mean longer response times to fire calls and possible increases to homeowners insurance, he said.  Neri also said it may be necessary to consider hiring paid personnel to administer a firehouse, which would increase property taxes.

Romano said the unseen impact will be on the families of volunteer firefighters who see less of their spouses and parents due to increased training demands.  “My neighbor who is not a volunteer firefighter will not know the difference that I went to more training classes,” Romano said.

All the chiefs interviewed said that they will submit comments to OSHA.  Parish said the County will submit comments and has asked every fire department in Albany County to do so.  “This is our chance to have a voice,” he said. Romano also asked the public to send comments to OSHA.

“40 years of evolution is coming too quickly,” said Parish.  “OSHA is trying to fix 40 years in a two year period.  We need a slower period, exceptions, alternatives or it can’t be done.”  Neri agreed.  At a minimum, he said, the implementation timeline must be extended.  “You can’t ignore the regulations because if someone gets hurt the liability is so extreme, so I don’t know what the fire department will have to do to stay active if the regulations come down as is.”

Neri understands that OSHA is just “trying to make it safe for everyone” but wonders how his fire department will be able to stay in existence if the regulations are enacted.  “There is nothing wrong with that but we have to be realistic about what we are looking to achieve and how we are going to achieve it,” he said.  Neri suggested OSHA “bring people in from different volunteer organizations to sit in with them while looking at the policies so they get a realistic understanding of what they think is a small demand and how big a demand it is in actual life.”

Sullivan said he hopes OSHA “comes to their senses and proceeds with this in a realistic way and makes changes that truly could make a difference.”

“We know what we’re doing.  We don’t need people who don’t know how to do our job telling us how to do our job,” Romano said.

“As long as I’m the chief, I’ll do what I have to do to keep our services the way they are now,’ said Sullivan.  “I’m not looking to be defiant, but I’m saying my community is more important to me and the safety of the people in the County than appeasing OSHA with their unrealistic mandates.”

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