Cal OSHA Cites San Francisco FD

Cal OSHA has cited the San Francisco for three serious violations involving the June 2, 2011 fire at 133 Berkeley Street that killed Lt. Vincent Perez and FF Anthony Valerio. Both were part of the first arriving company, Engine 26.

The three citations involved (1) a loss of communications between E-26 and the exterior standby personnel (communications between interior and exterior personnel in an IDLH environment is an OSHA requirement); (2) a two-in two-out violation by E26 (E26 was a three person crew, the occupants were accounted for, and the entry by Lt. Perez and Valerio without another person on scene besides the pump operator was a violation); and (3) a second two-in two-out violation for a battalion chief who entered the structure alone/without a partner.

The three citations carry a combined fine of $21,000. SFFD spokespersons have indicated their plans to appeal the citations.

Here is the citation: SFFD1

 

 

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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