FASNY: Updating OSHA safety regulations would limit new firefighters, burn local funds

ALBANY, N.Y. (NEXSTAR) — At the federal Occupational Safety and Health Administration (OSHA), current standards last updated in 1980 protect industrial and private firefighters. They say it leaves out other emergency responders and ignores new safety measures, health practices, and advances in firefighting gear and technology.

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

With a "patchwork" approach that failed to address the challenges and obstacles facing modern emergency responders, OSHA proposed defining a broader range of hazards in February. They said changes would match those from 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 doesn't have authority over how states regulate volunteers. They also acknowledged that so many unique emergency organizations usually don't function with a “one-size-fits-all” approach. Instead, they said their proposed rule is flexible and “performance-based.”

"The performance-based nature of the proposed rule is particularly beneficial to small and volunteer organizations with limited resources," said a spokesperson from the U.S. Department of Labor (DOL), which oversees OSHA. "OSHA’s rulemaking will not change individual state discretion regarding coverage of volunteers in any way. Our intent is to use the information we gather during our rulemaking not only to improve our own standard but also to help better inform the States as they each decide how to address the issue of whether and/or how volunteer emergency responders will be covered."

OSHA accepts public comments from people who would be affected by the changes, and FASNY wants its members to participate. One such public comment came from David Denniston at the Cortlandville Fire Department in the Southern Tier.

"The [volunteer] Virgil Fire District met as a fire department to explore the additional costs. We conservatively estimate that to meet these requirements we would need to hire someone to implement the new requirements. Between salary and benefits, we estimate this to be an annual $100,000 expense. 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 have to vote to override that," he wrote in part. "Our other option would be to hire an outside firm or consultant to manage this for us. We estimate those costs would be similar."

The public comment period was already extended. It's currently set to expire on July 22. OSHA also has a multi-day virtual public hearing planned to let even more people weigh in. And, "We have taken steps during the rulemaking process to consider the economic impact on fire departments across the country," the DOL spokesperson added.

In a press conference on Tuesday, FASNY warned that changing the regulations would profoundly impact the state's nearly 1,700 volunteer fire departments, particularly in small, rural communities. Volunteers make up over 70% of fire protection in New York. So, districts would face administrative problems, operational shortfalls, and financial woes as local property taxes increase, FASNY argued.

Increasing the cost of firefighting ultimately compromises public safety, according to the firefighter's association. Those trying to enter this shrinking labor force would need 2.5 hours more training. They would also need to take classes that are seldom offered, if at all.

FASNY added that communities would feel the effects, not just individuals. At the local level, their option would be increasing taxes, shutting down departments, or ignoring the rules altogether, thus exposing the municipality to fines or citations, per FASNY.

In short, these changes could represent a barrier to entry when departments need all the help they can get as enrollment dwindles. And the time donated by volunteer firefighters saves New York nearly $4 billion a year in property taxes, per FASNY's tally.

Two state senators started petitions targeting the new rules. "OSHA is attempting to force through a disruptive new requirement," said Sen. Rob Rolison, a Republican from the 39th District, when announcing his petition. "By mandating new training requirements, the federal government will turn off potential recruits who have families and full-time jobs and sap valuable time away from our firefighters performing their life-saving duties."

“If approved in its current form, the face of fire and EMS services in New York will be drastically changed, shuttering our already-hurting volunteer departments,” said Sen. Peter Oberacker, a Republican representing the 51st district. “My office is circulating a petition directed to OSHA and your signature goes a long way in ensuring that this rule is not approved.”