OSHA Safety Regulations Are a Waste of Money

ALBANY, N.Y. (NEXSTAR) — The federal Occupational Safety and Health Administration (OSHA) says current standards last updated in 1980 protect commercial and private firefighters. They say they overlook other first responders and ignore new safety measures, health practices and advances in firefighting equipment and technology.

That’s why OSHA wants to update its standards. Rule 1910.156 will update protections for firefighters, rescue workers and search and rescue crews. But the New York State Association of Firefighters (FASNY) says such updates could cripple local departments and municipalities.

With a patchwork approach failing to address the challenges and obstacles facing today’s first responders, OSHA proposed a broader definition of hazards in February. It said the changes would be consistent with those implemented by the Federal Emergency Management Agency (FEMA), the Department of Homeland Security’s National Incident Management System (NIMS) and the National Fire Protection Association (NFPA).

OSHA has no authority over how states regulate volunteers. They also acknowledged that so many unique rescue organizations typically don’t operate on a “one size fits all” approach. Instead, they said their proposed rule is flexible and “outcome-based.”

“The performance-based nature of the proposed rule is particularly beneficial to small, resource-constrained volunteer organizations,” said a spokesman for the U.S. Department of Labor (DOL), which oversees OSHA. “OSHA’s findings will not in any way change the discretion of individual states to provide care to volunteers. Our intention is to use the information we collect during rulemaking not only to improve our own standards, but also to better inform states as they each decide how to address the issue of whether and/or how volunteers will be covered assistance in crisis situations.

OSHA welcomes public comments from those affected by the changes, and FASNY wants its members to participate. One such public comment came from David Denniston of the Cortlandville Fire Department on the Southern Tier.

“The Virgil Volunteer Fire Department met as a fire department to review the additional costs. We conservatively estimate that in order to meet these requirements, we would need to hire someone to implement the new requirements. With salary and benefits, we estimate this to be an annual expense of $100,000. Our total annual operating budget is currently $285,000 for everything including, but not limited to, vehicles, buildings, training, equipment, insurance, and all other expenses. New York State also has a 2% tax increase cap. We would need to vote to reject this,” he wrote in part. “Another option would be to hire an outside firm or consultant to handle this for us. We estimate the costs to be similar.”

The public comment period has already been extended. It currently expires on July 22. OSHA is also planning a multi-day virtual public hearing where even more people will have the opportunity to speak. Additionally: “We have taken steps in the rulemaking process to consider the economic impact on fire departments across the country,” the DOL spokesman added.

At Tuesday’s news conference, FASNY warned that the rule change would have a profound impact on the state’s nearly 1,700 volunteer fire departments, especially in small, rural communities. Volunteers make up over 70% of fire protection in New York City. So as local property taxes increase, districts would face administrative problems, operational shortcomings and financial problems, FASNY argued.

According to the firefighters association, increasing the cost of extinguishing fires ultimately threatens public safety. People trying to enter this shrinking workforce would need 2.5 hours of additional training. They would also have to take classes that are rarely, if ever, offered.

FASNY added that the impacts would be felt by communities, not just individuals. At the local level, their options would be to raise taxes, close departments or ignore the rules altogether, exposing the municipality to fines or citations, according to FASNY.

In short, the changes could be a barrier to entry when departments need all the help they can get as call volumes drop. And volunteer firefighters’ time saves New York City nearly $4 billion a year in property taxes, according to FASNY.

Two state senators started petitions against the new regulations. “OSHA is trying to push through a disruptive new requirement,” said Sen. Rob Rolison, a Republican from the 39th District, in announcing his petition. “By mandating new training requirements, the federal government will discourage potential recruits who have families and full-time jobs and deprive our firefighters of valuable time that could be spent performing their life-saving duties.”

“If approved in its current form, the face of New York City’s fire and emergency medical services would be drastically changed, shutting down our already hard-hit volunteer departments,” said Sen. Peter Oberacker, a Republican who represents the 51st District. “My office is circulating a petition to OSHA, and your signature goes a long way toward defeating this rule.”