Tag Archives: OSHA

Fire Law Roundup for April 1, 2024

In this episode of Fire Law Roundup for April 1,2024, despite some initial April foolery, Brad and Curt discuss a $535k settlement of a California sexual discrimination suit; a ruling in a Nashville age and gender discrimination suit; more on ...

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.

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 February 6, 2023

In this episode of Fire Law Roundup for February 6, 2023, Brad and Curt discuss a ruling that the Jacksonville Fire Department’s no-beard rule is not discriminatory racially or disability-wise because it is based on an OSHA-requirement; a Palm Beach ...

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.

Four Firefighters Seek to Hold DCFEMS in Contempt Over No-Beard Rule

Four members of the DCFEMS are asking a federal court to reopen two religious discrimination cases and find the city in contempt for violating a permanent injunction by enforcing the no beard requirement. Steven Chasin, Calvert Potter, Jasper Sterling, Hassan Umrani filed the action earlier this month

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.

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.

Court Rules FDNY Must Accommodate Facial Hair Despite OSHA

A federal judge has ruled that FDNY must reinstate an accommodation granted to African American firefighters suffering from Pseudofolliculitis Barbae that permits facial hair in the chin, cheek and neck area provided it does not cause leakage around the mask's seal. The firefighters filed suit in 2018 alleging race and disability discrimination.

Birmingham Firefighter Sues Over Unsafe Condition of Station

A firefighter in Birmingham, Alabama has filed suit claiming conditions inside Station 27 violate the Occupational Safety and Health Act of 1970. Gary Michael Horsley Jr. claims the city has “condoned and tolerated unsafe and unhealthy working conditions” that include “asbestos exposure, mold exposure, diesel exhaust exposure... "

OSHA Cites UPS for Fire Code Violations at Massachusetts Facility

Federal OSHA has handed down fines totaling $431,517 against United Parcel Services for repeated fire code violations at their Vineyard Haven, Massachusetts facility. The citations issued last week involved for four repeated and seven serious safety violations.

Burning Question: Medical Exams and Liability

Today’s burning question: Have you ever come across a case where a firefighter suffered an illness such as a heart attack, stroke or cancer, in a department that did not have a formal medical monitoring program and then was sued for not having such a program? Answer: While such a case is plausible, none of the cases in my database make that sort of allegation...

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