City, municipal officials – and Rep. Thompson – skeptical of proposed OSHA ‘fire brigade’ rule

Times Observer file photo Firefighters respond to a blaze on Pennsylvania Ave. E. back on March 22. Proposed OSHA rulemaking regarding fire and emergency medical responders has sparked opposition from multiple levels of government in Warren County.
Proposed changes to the health and safety standards for emergency responders put forth by the Occupational Safety and Health Administration (OSHA) are being attacked in the county from all sides.
Warren City Council — the county’s sole paid department — has opposed the changes.
Municipal leaders that serve with volunteer agencies are opposed.
And Congressman Glenn Thompson has called the proposal “shortsighted.”
“Emergency response workers in America face considerable occupational health and safety hazards in dynamic and unpredictable work environments,” a page on OSHA’s website states.
“Current OSHA emergency response and preparedness standards are outdated and incomplete,” the administration states. “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.”
Per OSHA, the proposed rule would replace the existing “Fire Brigade” standard that dates to 1980.
“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,” the agency states. “Notably, 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.”
The opposition comes from a myriad levels of government.
Thompson said in a newsletter that he signed on to a letter to Acting Secretary of Labor Julie Su “expressing concerns” with the proposed rule.
“The proposed standards would broaden the scope of entities covered beyond firefighting services and would impose a one-size-fits-all regulatory regime on all emergency service organizations,” Thompson said.
“This would particularly have a negative impact on rural EMS/EMT outfits who would be forced to hire individuals just to comply with these new standards,” he said. “At a time when it is becoming more difficult to fill emergency responder positions, particularly in our rural communities, the federal government should not be passing down unfunded mandates like this proposal.
“I will continue to push back against government regulations that threaten access to emergency services for our communities.”
The comment period for the proposal ran through Monday.
Warren City Council approved a letter in response to the rule making during last week’s meeting.
Fire Chief Dave Krogler said the new rule is “encompassing” and addresses types of training and training requirements as well as medical physical requirements.
“There’s a lot that it affects, daily operations as far as pre-incident planning, disaster management planning,” he said.
Krogler said OSHA anticipatest a first year cost of implementation of $14,000 and speculated that the rule could also impact future recruitment and retention for the city fire department.
He added that Pennsylvania is “not an OSHA state” but noted that there is legislation before the General Assembly that goes that direction.
He also told council that some of the rulemaking elements are part of the NFPA (National Fire Protection Association) standards the city already complies with.
“A lot of the training requirements, we’re not mandated to require those,” Krogler said. “This would take it to other levels,” mandating training for officers not currently offered in Pennsylvania.
The rule “would definitely have an impact on our operations and our budget.”
“We talk about being one voice,” Councilwoman Danielle Flasher said. “This is an opportunity to do that.”
The opposition has also been there at the municipal level.
“Our VFDs are in need of our support to oppose this regulation change,” COG Chairman Paul Pascuzzi said in an email to municipal leaders, encouraging “all municipalities to take a few minutes and prepare their own letter.”
He shared a letter from Tidioute Borough as an example.
They say the rule “will lead to increased costs for administration, training, equipment inspection, equipment replacement, etc., and no related federal or state sources of funds to assist the fire departments.
“We recognize that the health and safety of first responders is an essential concern,” the Borough said. “We share your concern for improving safety in the workplace. However, we need time to review the changes proposed, the responsibilities created, and the costs associated with those revisions of the rule.
“We need to identify the source of funds that will enable us to assist our local fire department to accomplish the goals you are laying out.”