“If signed into law, fire departments would need to upgrade training programs with more one-time and annual training on how to handle specific emergency cases with more detailed records and reports on their operations.”
“Concerns from fire officials focused mostly on costs associated with the new requirements. Some even said that the changes would cost them more than their total yearly budget.”
“The impact of the proposed changes have the potential to reshape firefighter safety and save the lives of civilians and firefighters by officially acknowledging basic industry standards.”
“Our job will never stop being dangerous, but there are steps we can take to make it safer.”
As we listen, watch and participate in the discussion and debates focused on the proposed OSHA Fire Brigade Standard changes, I thought you’d enjoy pictures of a fire service resource I found in my library – a snapshot of history from 1952.
As you look at this 1952 NFPA standard, the focus is on command, control, response/staffing, training, best possible equipment and leadership – all based on what is best for the public and those firefighters under our command. And as you look at the 2024 draft of OSHA’s proposed changes to the Fire Brigade Standard, the focus is on command, control, response/staffing, training, best possible equipment and leadership – based upon what is best for the public and those firefighters under our command. Not much has changed. People have a fire or emergency and they call us, expecting us to be there five minutes ago to fix that problem immediately.
Relax, everybody
So much of what is being proposed is causing some of our brothers and sisters to metaphorically crap their pants. But nothing in the proposal should surprise anyone. That being said, sometimes someone needs to light a fire under our asses to get us to move forward. Sometimes we are so focused on what WE like to do (or don’t like) that we forget to consider what is best for the public (or our own families) when they have their emergency.
So, once we get over the shock of OSHA’s proposed changes, the first questions, IMO, need to be:
- “What is best for the folks who need us on their worst day?”
- “What can the local taxpayers sustain to provide that level of service?”
And if you’re wondering, yes, fire service representatives from major associations and organizations – IAFC, IAFF, NVFC, NFFF and NFPA, plus USFA and NASEMSO – were represented throughout this process. These groups have been working on these changes for many years. The subcommittee group that developed the draft OSHA standards update is called NACOSH – the National Advisory Committee on Occupational Safety & Health.
Change is hard – or is it?
Please enjoy my haiku:
WE LOVE FIRE APPARATUS.
WE HATE CHANGE.
WE HATE THINGS THAT REMAIN THE SAME.
There are countless examples of successful change in our industry, but we don’t always see the real tipping point. Case in point: Many of you probably don’t know the real reason we no longer ride the outside of fire apparatus. The fact that we kept falling off didn’t push most of us to make changes. Nope.
The real story involves a man by the name of Neil Rossman – a firefighter and lawyer. Rossman led what is arguably the best-known lawsuit in the North American fire service. He forced the change. And it all began with a critically injured firefighter.
Joe Tynan was a firefighter in Brookline, Massachusetts, working overtime on Nov. 23, 1982. When turning out on a run, Joe was standing on the side of the Peter Pirsch apparatus as it responded out of the bay door. As the rig turned left, the centrifugal force made Joe fall onto the front ramp of the firehouse. The firefighters at the firehouse ran to Joe, who was critically injured. For the next 20 years, Tynan functioned at the capacity of a 3-year-old and was blind. He died in the line of duty in 2002.
Joe was not alone that year. Just a few months prior, on Sept. 28, Prince George’s County (Maryland) Firefighter Sandy Lee fell out of the open side jump seat of a moving ladder truck and was run over. As the rig rolled over her, her screams for help and for the rig to stop went unheard. Sandy was dragged more than 30 feet across the front ramp. Sandy was gravely injured. It was a miracle she wasn’t killed. She never returned to duty.
Watch Sandy Lee’s story:
During the Tynan trial, the judge and jury were all outside the courtroom awaiting a visual inspection to understand how a firefighter could fall off a rig. As they stood outside, a Boston fire rig happened to respond in front of them with the firefighters standing up and hanging on the side of the rig. The jury saw it. The judge saw it. And after three hours of deliberation, the Pirsch Company was found liable and Tynan was awarded $5 million. Pirsch filed for bankruptcy in 1986.
The defense of Tynan’s lawsuit and the judgment played a role in Pirsch’s demise. This lawsuit was a major factor in the development of NFPA 1500: Standard on Fire Department Occupational Safety, Health and Wellness Program and its first adoption in 1987 when fully enclosed cabs were made a requirement.
And just like that, the design of fire apparatus changed overnight. All the talk and pushback from manufacturers about “we can’t design it,” “it won’t fit in fire stations,” “they won’t accept it” disappeared. Attorney Rossman said, “The changes were also supported by insurance companies.” Money talks.
Since 1986, every piece of fire apparatus has had individual seatbelts and seating. We – the fire service – had absolutely NOTHING to do to force a change we knew should have been fixed after so many previous incidents and deaths. Sometimes the slogan from the “Backdraft” hits home: “150 Years of Tradition, Unimpeded by Progress.”
Chicken dinners can’t save us
This also dusts off the fact that in so many areas of our country, the public pays nothing for fire services. Volunteer fire departments fundraise – chicken dinners, boot drives and related community events – to fund their department. The public in those communities owes a huge debt of thanks for those good folks working for free AND raising funds so they can work for free and purchase needed equipment. But that chapter is ending.
Keep in mind that even if volunteer fire departments opened their own KFC, they could NOT raise enough money to purchase today’s million-dollar apparatus. The answer is a complicated simple one: THE PUBLIC PAYS TAXES, and in those areas where they haven’t, those days are gone.
BUT WHAT IF THEY VOTE NO? Answer the question yourself. At some point, the system will break. The bottom line is that in 2024, a fire rescue service costs money, and in order to ensure that the public gets what they may pay for, there needs to be a reasonable set of regulations that ensure continuity in service.
On the right track isn’t enough
“Even if you’re on the right track, you’ll get run over if you just sit there.” — Will Rogers.
Most fire departments are on the proverbial right track – the alarm comes in, we respond and usually take good care of people and put water on their fire. The challenge is that it takes strong(er) leaders to push (think Vince Lombardi, Lou Holtz – THE coaches) and lead an organization forward, not rest on our laurels. Doing so requires energy, funding, commitment and time – hot commodities. For the most part, we are pretty good at what we do, or at least the public thinks as much, so sometimes it seems easier to not change and “leave well enough alone.”
Little does the public know … and because of that, we have a responsibility to improve upon that stuff they didn’t know can be improved upon. And when we don’t do it, it may be forced upon us. Some do it – they measure what their organization is doing through systems like CPSE, ISO and CAAS to help us move forward.
Little do some communities know (and even some bosses) ... and if things seem “OK,” then why create all this extra work? Because sometimes bad stuff happens because time keeps moving and the fire department stands still.
When you have a chance, listen to Dr. David Griffin (or read his best-selling book, “In Honor of the Charleston 9: A Study of Change Following Tragedy.” Griffin is now assistant chief of the Charleston (S.C.) Fire Department, and he will tell you all you need to know about a fire department that wouldn’t change and wasn’t pushed to keep up with what is best for the public and their members.
I think “resting” is what got us where we are today, you know, waking up in the middle of the night having “OSHA nightmares” after we learn about the changes being proposed.
Let’s be real
Instead of fighting over OSHA changes, maybe a better discussion starts with considering these changes in a reasonable (not bureaucratic BS time-dragging) schedule. Some changes can be made pretty quickly, like these: All incident commanders should have experiences and training to be qualified as incident commanders; and all officers riding the front seat should have the training and qualification to arrive first and make those first five-minute decisions.
As has been stated publicly, “the proposed updated standard would issue hundreds of new requirements that may be very burdensome, and in many cases, impossible, for volunteer fire departments to comply with.”
I understand that, but if those changes improve upon the local fire service and give the firefighters on the rigs a better chance to help the public, then I keep thinking where there is a will there is a way. Generally, in our business, when we focus on what is best for the public vs. our likes or dislikes, the smoke clears very quickly.
What about the costs?
One of the concerns over the proposed changes to the OSHA Fire Brigades Standard is the costs. It’s an unfunded mandate. Pretty much most mandates are unfunded – that’s not new. Fire apparatus costs today are about double compared to just a few years ago, and yet sales (and wait times) are through the roof. We are buying the rigs. We clearly figured it out how to make it work.
Additionally, the phrase “the cost of doing business” comes to mind. When an agency says they cannot afford annual physicals and screenings for their members, what I hear is that they aren’t looking hard enough. From federal health programs (Affordable Care Act, personal insurance, etc.) to local arrangements, where there is a will, there is a way. After all, you wouldn’t fly on a plane if the pilot wasn’t trained, certified, qualified and physically ready.
For years, fire chiefs, associations and labor have gone before publicly elected officials and asked for changes that WE KNOW will benefit the public. And for years, those city hall-dwellers have asked in return, “Where is it mandated that the fire department have this?” and we walk away empty.
Now we will have a chance to show that these changes are required and will greatly improve our chances of getting what we know is needed, with the backing of law. It benefits the public. It benefits the firefighters. It benefits the department.
Where the impacts won’t be felt as strongly are those communities where the elected officials have not invested adequately in their fire department, where they have failed to ensure that the equipment and the people riding the equipment are taken care of (physicals, training, qualified/trained leadership, etc.).
I believe these changes, when applied in a budget process that can be sustained by the local community (aka taxpayers – and usually when they are educated on fire service needs, we enjoy excellent support), will result in a better fire service for that community.
Is it possible some rural or low-income areas simply cannot afford another dollar out of their small budget? Absolutely. That’s where the government should provide supplementary funding or the needed services (physicals, command-level training, etc.) or resources themselves to ensure that the goals are met. Some of those are already available at no cost now. We just have to lead the horses to the water and remind them to drink.
