According to various Lincoln County fire department officials, financial burdens, limited resources, the potential for reduced manpower, and a constricted timeframe for implementations are just some of the issues with an updated emergency response rule proposed by the federal Occupational Safety and Health Administration.
On Feb. 5, OSHA issued a notice of proposed rulemaking introducing a new health and safety rule entitled Emergency Response. As proposed, the new rule covers a broader scope of emergency responders, and includes safety measures intended to protect emergency responders from a variety of occupational hazards, according to regulations.gov.
If the proposed standard is implemented, departments will have two months to increase team member involvement in developing department policies; six months to implement provisions such as risk assessment, hazard communication, and incident reporting; one year to implement specific personal protective equipment requirements, training programs, and medical evaluations; and two years to implement more complex provisions, such as developing comprehensive safety programs and data collection systems.
According to Somerville Fire Chief Mike Dostie, the impact of the proposed changes could cause volunteer fire departments to lose members, which could lead to small, rural departments having to close their doors.
“Some firefighters would be unwilling or unable to continue to volunteer their time … Some firefighters will simply decide to retire from the fire service completely,” said Dostie. “Those few remaining firefighters who are still willing to serve will need to dedicate significantly more to dedicate significantly more hours to do much more training than what is currently required … These regulations are going to significantly change the face of the fire service as we know it.”
According to OSHA,, current standards are outdated, incomplete, and fail to address the full range of hazards contemporary emergency responders face.
“They conflict with industry consensus standards, and are not aligned with many current emergency response guidelines provided by other federal agencies,” said the administration on its website. “In recognition of the inadequacy of the outdated safeguards provided by the current OSHA standards, the proposed rule seeks to ensure that workers involved in emergency response activities get the protections they deserve from the hazards they are likely to encounter while on the job.”
Because of the array of emergency responders included under the proposed rule, volunteer fire departments and professionally staffed fire departments will be expected to operate at the same level, a reality that concerns local fire department personnel.
According to South Bristol Assistant Fire Chief Allen Spinney, forcing volunteer members to train to standards that are unachievable to them, or that they are unsuited for, will only drive out members who are willing to help in whatever capacity they can.
“A volunteer department may not necessarily require the same level of training that a full-time staffed department may need,” Spinney said. “It’s a difficult task for individuals with full-time jobs to be able to commit the time needed to be fire officer trained, not to mention the Firefighter 1 and 2 and Fire Instructor 1, which are prerequisites to the course.”
Approximately 93% of Maine fire departments are either entirely or primarily staffed by volunteers, according to the Maine State Federation of Firefighters. Every fire department in Lincoln County is primarily made of volunteers.
Nobleboro Fire Chief Kevin Rawley said the proposed training regimen would require Nobleboro Fire and Rescue to substantially increase annual training hours and purchase additional third party training programs, ultimately taking time away from firefighters who work full-time jobs outside of the department.
Additionally, Nobleboro Fire and Rescue will have to undergo significant renovations to be in compliance with respiratory protection guidelines in the proposed standard, Rawley said. The station would need separate rooms for gear racks, break-away exhaust systems for the fire engines, male and female showers, and potentially a kitchenette, a project that could cost the department and the town thousands of dollars, according to Rawley.
Spinney said he understands that OSHA’s focus is on protecting emergency responders, but that some guidelines within the proposed standard are not practical or achievable for rural fire departments without funding to back them up.
“I feel that there needs to be a better balance between obtainable safety and requirements that would further hurt the recruitment and retention that is plaguing our volunteer service nationally,” said Spinney. “I encourage and welcome change to the fire service, and I would like to see the fire service be more proactive in its wellbeing, but not at the cost of wiping out municipalities who cannot directly afford to comply with the new standards.”
While he does not believe every guideline will go into effect, Lincoln County Fire Chiefs’ Association President and Edgecomb Fire Chief Roy Potter said the proposed standard would “crush” local fire departments.
“Things in the fire service are changing hugely. There’s over 600 pages of OSHA emergency response standards that are proposed to be changed,” Potter said. “Turnout gear is only good for 10 years; trucks are only good for 15 to 20 years. I’ve got trucks up here that are over 30 years old … We’re doing the best that we can.”
The new rule would replace the administration’s Fire Brigades standard, which was originally issued in 1980 and only provides protection to industrial or private firefighters.
The proposed rule is based on 22 National Fire Protection Association standards and one American National Standards Institute standard. The verbiage from 14 additional National Fire Protection Association standards is incorporated throughout the proposed rule.
Compliance with a new rule typically begins 60 days after a final rule is published, according to a statement on OSHA’s website; however, the administration said it created a tentative timeline because it understands certain provisions will require more time to implement.
Dostie said that while he appreciates the intent of the proposed standard is to improve the health and safety of emergency responders nationwide, one size does not fit all.
“We believe the proposed regulations are drastic, unachievable to small fire departments, and unrealistic to be implemented in the short timeframe,” said Dostie. “These proposed standards will have detrimental impacts to most small fire departments. The reality is that regardless of the size, how wealthy, how organized, or how well trained, no fire department will ever be fully OSHA compliant.”
The public comment period for the proposed rule is open until Monday, July 22 on federalregister.gov.
OSHA will host an informal public hearing at a time to be determined; remote access will be provided.
For more information, go to osha.gov/emergency-response/rulemaking.
