OSHA proposes to include EMS in fire regulations

Local EMS providers looking at impact of proposed OSHA regulations

BETHLEHEM and COLONIE – The U.S. Occupational Safety and Health Administration has long regulated workplace safety for firefighters – paid and unpaid.  Now, under OSHA’s proposed revamping of the decades-old federal firefighter safety standards, it will sweep paid and unpaid emergency service organizations within its oversight.  Colonie and Delmar-Bethlehem EMS providers are cautious about what impact those regulations will have on their employees and volunteers.

Town of Colonie EMS Chief Paul Sugrue, who oversees a paid emergency service, is less concerned about the proposed regulation’s impact than his volunteer counterpart in the Town of Bethlehem.  “We have only three volunteers and the rest of our EMS providers are paid so most of our people have all this training.”  He said he was not planning to submit comments on the proposed regulations to OSHA.

DBEMS Executive Director and Chief Steve Kroll cited several concerns with the proposed regulations, but fewer than his fellow volunteer fire departments.  He attributed the difference to New York State EMS agencies already being “highly regulated” by the New York State Department of Health.  He explained that some of the proposed regulations duplicate existing New York State regulations, lessening the impact.

“We are confident in the way we manage our employees and volunteers,” he said.  “We already do many of the things potentially required by the proposed regulations.”  For example, BDEMS’ headquarters already has a specialized exhaust system to minimize impact from vehicle emissions when vehicles are switched on.

Kroll pointed to other safety requirements included in the proposed regulations, which were already incorporated as part of BDEMS’ new headquarters’ design.  These include marking building exits and emergency lighting and having sleeping quarters with interconnected and hardwired smoke detectors with battery back up, sprinkler systems, and CO detectors.   BDEMS also meets requirements for decontamination, disinfection, cleaning, and storage of personal protective equipment, and physical fitness opportunities.

Also, unlike Town fire departments, Bethlehem uses paid EMTs during the day through a partnership with the Albany County Sheriff’s office EMS unit.  BDEMs relies on 55 volunteers during evening hours from 6 p.m.-6 a.m.

Still, Kroll has some concerns about the proposed regulations’ impact.  He noted the increased training and paperwork that would be required.  “It would require the addition of paid staff to comply with that paperwork.”  As for the training requirements, Kroll said BDEMS already requires hundreds of hours of training.  He voiced the same concern raised by local volunteer fire departments.   “How much more requirements can we put on volunteers and expect people to still be volunteers?”

Kroll also objected to the extensive annual physical exams that would be required.

He anticipated it would cost “tens of thousands of dollars” annually if the regulations remain unchanged.  “We are an organization with small reserves and we will have to find a partner to find funding.”  BDEMS’ depends on payments from private insurers, Medicare and Medicaid, but 20% of its budget comes from tax dollars.  Only 5% of its funding comes from donations.  Kroll said, “I would not look forward to asking the Town of Bethlehem for more money to implement these regulations.”

Kroll added that BDEMs raises about $100,000 yearly from the community.  “But to go back and turn that into $150,000 would be difficult,” he said. “I don’t think donors would be excited to donate money to hire a record keeper to keep OSHA happy with OSHA compliance.”

“The regulations will create additional expenses and requirements and we will have to figure out how to comply with that just like every other organization,”  Kroll said.

Like volunteer fire departments, he has concerns about the implementation timetable.  “There needs to be a long term pathway to compliance to allow agencies to adjust and plan, as well as robust exceptions and appeals processes for situations that may require exceptions to the regulations,” he said.

Kroll said BDEMs is working with EMS trade associations –the New York State Voluntary Ambulance and Rescue Association, the National Association of EMTs and the American Ambulance Association  –to analyze the regulations and provide comments.  “It would benefit all involved if OSHA were to consider the things that make EMS unique as it develops any regulations and not take the Fire Brigade standards and apply them uniformly across EMS agencies,” Kroll said.  He is still deciding whether BDEMS will independently submit comments before the comment period expires on June 21.

“The right answer in policy making always lies in compromise,” Kroll said.  “I hope OSHA listens to the concerns of EMS agencies and is willing to make adjustments so we have the best possible outcome that minimizes the costs and maximizes the [safety] benefits.”

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