Tag Archives: SCBA

Appellate Court Sends DC No Beard Rule Case Back to District Court

The US Court of Appeals for the District of Columbia has overturned a decision by a district court that refused to find the District of Columbia Fire Department in contempt for instituting a no beard rule. The procedural history of the case is complicated, and the court did not rule on the merits of the case.

Family of St. Louis Firefighter LODD Files Suit

The family of a St. Louis firefighter who died in 2022, has reportedly filed suit against the manufacturer of his SCBA alleging that the failure of his PASS device contributed to his death. Benjamin Polson died in a house fire on January 13, 2022.

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 – February 28, 2022

In this episode, Brad and Curt discuss a sexual harassment lawsuit out of Hartford, Connecticut; a $100 million lawsuit filed by three Dallas firefighters injured in an explosion; a lawsuit against Sacramento Metro fire over a boating accident; a lawsuit against Honolulu fire over a dropped patient; and a wrongful death lawsuit against an SCBA manufacturer and those who maintained them.

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.”

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.

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.

Judge Denies TRO To Atlantic City Firefighter Over Religious Beard

A US District Court judge has denied a request for a temporary restraining order against the Atlantic City Fire Department to block disciplinary proceedings against a firefighter who has refused to shave his beard due to his religious beliefs. Alexander Smith filed suit claiming the fire department’s rules prohibiting beards discriminates against him on account of his religion.

Philly LODD Prompts Lawsuit Against Equipment Manufacturers

The estate of a Philadelphia firefighter who died at a house fire two years ago, has filed suit against 30 defendants who manufactured or supplied the SCBA and protective equipment she wore. Joyce Craig died on December 9, 2014 while ...

Burning Question on the Use of Older SCBA

Today’s burning question: Given the newer NFPA/OSHA standards for our SCBAs, there's a glut of the older 'non-compliant' SCBAs for sale, Can they be used without liability issues? Answer: Asking the dreaded “liability” question virtually guarantees the answer that an attorney will give: no, they cannot be used without liability issues! Could a person give a starving man food without liability issues? Of course not!!!!

Hartford Fire Cited by Conn OSHA

The Hartford Fire Department has been cited by Conn OSHA for five serious violations in connection with the October 7, 2014 line of duty death of FF Kevin Bell. Bell died at a house fire that seriously injured a second firefighter, Jason Martinez. Martinez leapt from the second floor to escape rapidly developing fire conditions.

Firefighter Sues SCBA Manufacturer for $600k

A firefighter from Eugene, Oregon who was injured during a training exercise in 2012 is suing an SCBA manufacturer and a local vendor. David Pickett, 35, was injured on December 19, 2012 when an MSA Firehawk M7 SCBA malfunctioned causing an explosion that he claims seriously damaged his hearing.