Occupational Safety & Health

OSHA Extends Deadline to Comment on New Fire Service Regulation

For those who have been following the proposed updated to 1910.156 that will be impacting the fire service when implemented, OSHA has announced that the deadline for submitting comments has been extended to JUNE 21, 2024. The previous deadline for submitting comments was May 6, 2024.

Court Upholds Cleveland Fire’s No Beard Policy

A Cleveland firefighter who claimed to have been the victim of race and disability discrimination due to Cleveland’s facial hair policy, has lost his lawsuit to be allowed to have a short beard. Anthony Davis filed suit in 2023, claiming the city’s policy prohibiting facial hair at the SCBA interface was aimed at “thinning the ranks of Black/African American firefighters.”

OSHA Proposes Major Changes to Regulations for the Fire Service

The OSHA has unveiled a proposed update to 29 CFR 1910.156, the Fire Brigade Standard, and is seeking input from the public. Enacted in 1980 and not updated since, the Fire Brigade Standard has had a rather minimal impact on the fire service up to this point.

Federal Court Upholds Atlantic City Fire’s No-Beard Rule

The US District Court for the District of New Jersey has upheld the Atlantic City Fire Department’s no-beard policy. The policy had been challenged by a city firefighter, Alexander Smith, on First Amendment, religious, and equal protection grounds. Smith also claims he had been retaliated against for requesting an accommodation.

Fire Law Roundup for March 21, 2023

In this episode of Fire Law Roundup for March 21, 2023, Brad and Curt discuss arson charges against a volunteer firefighter in Georgia for setting his own home on fire to collect on the insurance; a guilty plea by a ...

IAFF Sues NFPA Over Standard Mandating PFAS in PPE

The International Association of Firefighters has filed suit against the National Fire Protection Association claiming that portions of NFPA 1971 wrongfully impose requirements on structure fire turnout gear that, in essence, mandate the use of cancer-causing PFAS. The three-count complaint alleges civil conspiracy, violation of Massachusetts’ unfair and deceptive trade practices act, and negligence.

Parents Sue NY State Over Training Academy Death

The parents of a firefighter who died while training at the New York State Academy of Fire Science, have filed suit alleging negligence and recklessness. Peyton L.S. Morse, a recruit with the Watertown Fire Department, died after suffering a medical emergency while in engaged in a training evolution.

Court Upholds No-Beard Rule for Jacksonville Firefighters

A US District Court judge has granted judgment to the City of Jacksonville, dismissing a lawsuit filed by thirty African American firefighters who claimed that the city’s requirement that they be clean-shaven was discriminatory. The firefighters filed suit in 2020 alleging the city’s refusal to grant them a continuing accommodation to have closely cropped shadow beards constituted disability and race discrimination.

NY Grand Jury Declines to Issue indictments in LODD Training Death

A grand jury looking into the death of a recruit firefighter at the New York State Fire Academy in 2021 has declined to issue an indictment. Peyton Morse, a recruit with the Watertown Fire Department, died after suffering a medical emergency while in engaged in an arduous training evolution.

Florida Firefighter Group Questions Hair Policy

An advocacy group is claiming that a Jacksonville firefighter was wrongfully sent home allegedly because of his hair, but actually because of his race. The Jacksonville Brotherhood of Firefighters brought the issue to light publicly.

Fire Law Roundup for June 20, 2022

In this episode of Fire Law Roundup for June 20, 2022, Brad and Curt discuss a lawsuit filed by a group of San Francisco firefighters fired for not complying with the vaccine mandate; a ruling upholding the termination of an Indianapolis firefighter who alleged a disability discrimination; a ruling dismissing a suit against the New Haven FD’s lottery system for tie breaking; OSHA citations against an Illinois FD following a Mayday bailout; and a new law in New York regulating photo-taking.

Illinois Fire Department Cited by OSHA Over Mayday Bailout

An Illinois fire department is facing eight OSHA citations following an investigation into a 2021 fire that resulted in three firefighters being hospitalized. The fire in a mixed commercial – apartment building in Beardstown led to a mayday and bailout by the three firefighters, each of whom fell approximately 21 feet.

Burning Questions: NFPA Standards and Liability

Today’s burning question: Is it safe to say that compliance with NFPA 1710 is a recommendation but not law unless adopted? Answer: Despite the simplicity of your question, it defies a simple yes or no answer. The answer will also vary from state to state, so to get a more definitive answer you need to ask your local legal counsel to know if it applies in your state as a “law” or is simply a “recommendation."

Fire Law Roundup – April 11, 2022

In this week’s edition of Fire Law Roundup for April 12, 2022, Brad and Curt discuss a wrongful death lawsuit out of Rialto, CA, a negligence suit out of LA county claiming the medics mis-prioritized a seriously injured patient, the settlement of an LA discrimination suit, an appellate decision in NY on training injury benefits, and an OSHA citation arising out of a LODD fire.

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