Officials Oppose OSHA’s Emergency Response Proposal

By Caitlyn Ferrante

U.S. Rep. Mike Lawler (R) and other officials held a press conference at the Putnam Valley Volunteer Fire Department Monday to address the new OSHA (Occupational Safety and Health Administration) rule that could harm local fire departments and taxpayers.

Lawler was joined by State Assemblyman Matt Slater (R-Yorktown), State Senator Rob Rolison (R), and many Putnam Valley volunteer firefighters, all expressing serious concerns of the potential effects of OSHA’s proposed emergency response standard.

On Feb. 5, OSHA’s Emergency Response proposal was released to update and replace the existing Fire Brigades Standard issued in 1980. The new regulations seek to cover a broader range of emergency responders and incorporate workplace protections from occupational hazards. It outlines new training requirements, equipment upgrades, and other allocation of resources for fire departments across the country.

However, officials maintained this new standard would be incredibly burdensome to volunteer-based departments and services.

“You cannot have a one-size-fits-all approach,” Lawler remarked.

The Putnam County Fire Department is made up of entirely volunteer services, like many in New York and across the country.

“In my district, New York’s 17th Congressional District, about 90% of our fire departments are run and serviced by volunteers. They operate on shoestring budgets and their commitment and heroism keep our communities safe. Now OSHA’s new rule sets to treat these volunteer departments the same as the large, paid, career fire departments. This doesn’t make sense,” Lawler said.

“This is the definition of an unfunded mandate, there’s no doubt about it,” Slater added.

The burden falls beyond the local fire departments and emergency services. To comply with these new requirements, local governments will likely need to significantly increase property taxes in fire districts that lack the financial resources to meet the new rule’s demands.

“We live among the highest property taxed areas in the country. The volunteer fire departments are critical to help ease the burden on property taxpayers,” Lawler said. “If those were to fall as a result of these proposed regs, property taxpayers would face an astronomical increase, and that is unsustainable for our communities.”

Slater echoed the congressman’s calls for OSHA to reconsider. “If we lose our volunteer services, property taxes are expected to go up by 45%,” he said.

OSHA extended the comment period for the second time, which closed July 22, and lawmakers are calling to extend the response submission date once again. At recent hearings in Washington, New York delegates have asked OSHA for more time.

FASNY (Fire Association of New York) and other service organizations have been working through changes and responses to the proposal.

“We want to get the feedback from our volunteer firefighters, as well as our career departments so that their voice can be heard in this process, and work through that,” Lawler said.

Putnam Valley Town Supervisor Jacqueline Annabi also expressed her grievances. “If this regulation goes through, our taxes in this community double, we can’t afford that. We can’t afford to live in Putnam Valley, Putnam County, or the State of New York,” she said.

With the high cost of living in New York, local fire departments in the state are already facing difficulty with recruitment and retention, and the number of volunteers continues to decline.

Lawler doubled-down on the importance of keeping our local communities safe. “If these volunteer departments can’t afford to meet the new requirements, we could see many of them shut down. Imagine the impact of that–-communities left without essential emergency services. This is a matter of life and death,” he said.

While recognizing the crucial work that OSHA does in the effort to keep first responders safe, volunteer departments cannot keep up with the demands outlined by the proposal.

Putnam Valley Fire Department Chief Frank DiMarco explained, “We definitely appreciate OSHA and all that they do. My only problem is that it seems completely unrealistic to expect volunteers to do what they’re talking about. It’s not just training, it’s equipment, trucks, and everything else. It would cripple many, many volunteer fire departments.”

Slater emphasized the need for a more inclusive conversation about these sweeping regulations.

“The first responders standing behind us, they do amazing work every single day. On our worst day, at our worst emergency, they’re the ones who are showing up,” Slater said. “And it’s time I think that Washington recognizes that and brings them to the table to understand what their impact is going to be here.”

Kimberly Darby, an OSHA representative in the Office of Communications, explained the agency’s reasoning for the regulations.

“OSHA has issued a notice of proposed rulemaking with a goal of improving safety for all emergency responders who so bravely serve their communities. OSHA’s intent in proposing this rule is to better protect emergency responders from respiratory diseases, cancers, and other hazards that have plagued this group of heroic workers and caused tragedy for them and their families. It is not OSHA’s intent to finalize a rule that undermines public safety of any community,” Darby stated in an email to Examiner Media.

“We have taken steps during the rulemaking process to consider the economic impact on fire departments across the country. OSHA crafted this proposal with the benefit of input on regulatory text from an advisory committee that includes the National Volunteer Fire Council and the International Association of Fire Chiefs, the United States Fire Administration, and the National Fire Protection Association,” Darby continued. “OSHA continues to ask questions of stakeholders about the proposal and its impact on emergency response organizations and emergency responders. Federal 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.”