Occupational Safety & Health

Illinois LODD Leads to OSHA Citations

Two Illinois fire departments have been issued citations by the Illinois Department of Labor’s Occupational Safety & Health Administration, over a line of duty death fire that occurred in December, 2021. That fire claimed the life of Lieutenant Garrett Ramos of the Sterling Fire Department.

FDNY Firefighter Settles Suit Over 9-11 Related Cancer for $2.5 Million

An FDNY firefighter who developed 9-11 related cancer, has reached a $2.5 million settlement with the city. Brian Kevan, 53, worked for months at the World Trade Center site following 9-11. In 2019, Kevan was diagnosed with non-Hodgkin’s lymphoma.

Wrongful Death Suit Filed Over California LODD Fire

The families of two Porterville, California firefighters who died while attempting a rescue at building fire, have filed suit against the manufacturers and distributors of their SCBAs. Captain Ramon Clemente Figueroa and Firefighter Patrick Lee Jones died on February 18, 2020 while trying to rescue a disabled woman trapped on the second floor of a library.

Massachusetts Firefighters With Cancer Sue AFFF and PPE Manufacturers

Fifteen current and former Massachusetts firefighters who have been diagnosed with cancer have filed suit against 25 defendants alleging they were exposed to perfluoroalkyl and polyfluoroalkyl substances (PFAS) through their exposure to AFFF and to PFAS in their turnout gear. The firefighters are from five fire departments: Boston, Brockton, Fall River, Norwood, and Worcester.

NY Appeals Court Upholds Staffing as Bargainable for Firefighters

The Appellate Division of the New York Supreme Court has ruled that minimum staffing is a bargainable subject that relates to the safety of firefighting personnel, not an illegal job-security clause. The case involves an effort by the City of Ogdensburg to block the grievance arbitration of the city’s unilateral reduction in shift staffing for the Ogdensburg FD.

San Francisco Anti-Vaxx Lawsuit Filed

A group of San Francisco employees who refer to themselves as the United SF Freedom Alliance, or USFA, have filed suit against the City and County of San Francisco seeking to block the vaccine mandate. The suit claims San Francisco’s vaccine mandate for government employees is illegal, but relies upon a rather novel argument explained below.

FDNY Prevails in Second Facial Hair Lawsuit

FDNY has prevailed once again in a lawsuit challenging its no-beard policy. In a ruling handed down yesterday, US District Court Judge Nicholas G. Garaufis concluded the OSHA prohibition of facial hair at the SCBA interface serves to create an undue hardship that relieves fire departments of an obligation to grant religious accommodations.

RI Court Rejects Firefighters Vaccine Mandate Challenge

A Superior Court judge has rejected a request by the Rhode Island State Association of Firefighters for an injunction to block the state health department from implementing a COVID19 vaccine mandate. The suit sought an injunction against the state’s planned COVID19 vaccine requirement on the grounds that it violates collective bargaining laws by imposing a mandatory condition of employment on firefighters.

Oregon Firefighters Sue to Block Vaccine Mandate

A firefighters’ union and a union representing state troopers along with individual members have filed suit against Oregon Governor Katherine Brown and the state alleging the recently announced vaccine mandate is illegal under state and federal law. Kingsley Firefighters Association, Inc. and the Oregon Fraternal Order of Police filed suit in Jefferson County Circuit Court.

LAFD Investigating Captain’s Vaccine Rant

A Los Angeles City fire captain is under investigation for a social media rant about the city’s new COVID19 vaccine mandate. Captain Cristian Granucci posted the video on YouTube yesterday condemning the city for enacting it and the union for being in "lockstep with total tyranny."

Virginia Court Rejects Application of Firefighter’s Rule

A Virginia court has rejected the claims of a waste management company that firefighters who were injured at a fire in 2017 are prohibited from suing by the Firefighter’s Rule. The suit was brought by firefighters Jeffrey W. Cockey and Andrew J. Neuhaus against Covanta Fairfax, Inc. alleging negligence and gross negligence.

BREAKING NEWS: Second Circuit Upholds FDNY’s No Beard Policy

The Second Circuit Court of Appeals has reversed a lower court decision that concluded that FDNY has to allow firefighters with a skin condition an accommodation to have beards. In doing so the court concluded: “An accommodation is not reasonable within the meaning of the ADA if it is specifically prohibited by a binding safety regulation promulgated by a federal agency.”

Multiple Suits Allege Toxic Tort Against AFFF and PPE Manufacturers

Forty-four current and former California firefighters have filed suit against chemical companies and PPE manufacturers claiming that they were exposed to per- and polyfluoroalkyl substances (PFAS) in aqueous film forming foam (AFFF) and their turnout gear.

Terminated Philly Recruit Alleges Beard-Related Religious Discrimination

A recruit firefighter who was dismissed from the Philadelphia Fire Department’s fire academy in 2019 for refusing to shave his beard, has filed suit alleging religious discrimination. Malcolm Lindsay filed suit alleging religious discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act.

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