Mainers Pan OSHA Regs Expected to Burden Rural Volunteer Fire Departments

The public comment period for a set of rules proposed by the Occupational Safety and Health Administration (OSHA) has now closed after the agency authorized several extensions in response to “numerous requests from the public.”

As currently written, these rules are expected to have a detrimental impact on Maine’s rural volunteer fire departments due to the estimated cost of compliance and substantially increased training requirements.

It was noted by many of those from Maine who offered comment on these rules that volunteer fire departments are already struggling with recruitment and the “overnight” increase in “education, training, and assessment requirements” would only serve to worsen the problem.

“If we have no people, we have no department,” said the Pownal Select Board and local Fire Chief Jesse Peters in their testimony to OSHA.

“Despite the good intentions of the proposed changes,” they continued, “it will put more citizens at risk of harm or death, by having no one to call, than to allow a system that has worked well to continue.”

Others also explained that the substantial costs associated with bringing departments into compliance are largely unrealistic and would require property taxpayers to shoulder a major burden on top of already rising expenses.

As a result of this, it was suggested that many localities may opt to substantially reduce or eliminate emergency response services should these new rules go into effect as written.

The regulations currently in place for firemen — which are called the Fire Brigades Standard and do not apply to other first responders — were originally published in 1980 and have not been substantially updated since.

The rules that are now under consideration — collectively titled the Emergency Response Standard — would fully replace the Fire Brigades Standard and be applicable not only to firemen, but to other types of emergency personnel as well.

According to the summary of the Emergency Response Standard provided on the OSHA website, these new rules “would include programmatic elements to protect emergency responders from a variety of occupational hazards.”

Federal OSHA regulations by default are generally applicable only to private sector workers, but in states that have adopted OSHA-approved State Plans, these standards are extended to state and local government agencies.

Because Maine recently adopted one of these plans, firemen in the state would be required to meet these new standards.

Although the updated OSHA regulations will impact all fire departments throughout Maine, concerns have primarily been raised with respect to the the state’s rural volunteer fire departments.

According to the U.S. Fire Administration, the vast majority of fire departments in Maine are entirely (69.3 percent) or mostly (23.8 percent) volunteer-based.

“Current OSHA emergency response and preparedness standards are outdated and incomplete,” OSHA wrote in a press release. “They do not address the full range of hazards facing emergency responders, lag behind changes in protective equipment performance and industry practices, conflict with industry consensus standards, and are not aligned with many current emergency response guidelines provided by other federal agencies.”

“In recognition of the inadequacy of the outdated safeguards provided by the current OSHA standards,” the agency wrote, “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.”

According to OSHA, “the focus of the proposed Emergency Response rule is to provide basic workplace protections for workers who respond to emergencies as part of their regularly assigned duties.”

“Notably,” the agency explained, “the scope of protected workers under the proposed rule would be expanded to include workers who provide emergency medical service and technical search and rescue.”

Should these regulations be approved as they are currently written, fire departments would need to, among other things, meet new training requirements, conduct certain health evaluations, and alter their procedures for handling turnout gear and other equipment.

[RELATED: Volunteer Fire Departments Express Serious Concerns About New Regulations Proposed by OSHA]

“The staffing, training, financial and service delivery impacts of this proposed standard could be overwhelming for many departments and communities, forcing them to make drastic decisions, perhaps closing doors,” said the Maine Fire Chiefs Associations in their testimony to OSHA.

“Those impacts could have a domino effect on neighboring response areas who are able to address impacts for their current service area,” the Association wrote.

“With the stroke of a pen, people who have no idea of the work we do or how well we do it, want to erase 77 years of safe, reliable and cost effective work and put us out of business,” said Chief Paul Rooney of the Northport Volunteer Fire Department in his testimony.

“If this standard goes through,we will be closed as well as most of the fire departments in Maine,” Chief Rooney said. “This will not make things safer for anybody in Maine.”

“We are asking for a new proposed rule that is technically and economically feasible, uses solid data and scientific theories that will reduce responder injuries and deaths, and is clear on exactly what is required,” testified Cheif Peter J. Starkel of the Hebron Fire Department.

Sen. Susan Collins (R) also directly weighed in on these proposed rules, echoing many of the same concerns raised by others from Maine regarding the potential negative impacts of these updated standards.

She also reiterated recommendations to OSHA asking that they make a clear and concise checklist available to departments so that the complexity of compliance may be reduced. Sen. Collins also underscored calls for OSHA to lengthen the implementation of new standards from two years to ten, allowing for a phased approach to their adoption.

Sen. Rick Bennett (R-Oxford) testified in opposition to the proposed standards as well, similarly shedding light on the arguments advanced by other stakeholders from the state concerned about the impact of these rules.

“These stations are already facing economic hardship and these proposed changes will simply exacerbate the problem. I sincerely fear that some of these proposed changes will incur costs too great for these volunteer stations to absorb,” Sen. Bennett said.

“Additionally, with so many people working multiple jobs and caring for children, volunteer departments are feeling the strain when it comes to recruitment,” Bennett continued. “With new requirements and barriers added, this problem will intensify.”

Much like others from Maine who commented on these rules, Bennett also urged OSHA to consider a tiered approach to regulation that recognizes that differences between departments that operate under vastly different conditions and in varied contexts.

Click Here to Read All the Public Comments Submitted to OSHA

An informal public hearing will be held virtually on November 12 at 9:30am “for the purpose of gathering and clarifying information.” Those who choose to testify are “welcome” to speak about “any topics, issues, or concerns they have with the proposed rule.”

OSHA specifically encourages witnesses to, among other things, provide “recommendations for the reducing the burden(s) on volunteer [and] non-compensated responders.”

In order to testify, individuals must complete and submit a Notice of Intention to Appear (NOITA) form, which can be found here, by September 27.

Click Here for More Information on the Upcoming Public Hearing