New OSHA rule would cripple rural fire departments, Hoffman says

By Neal A. Johnson, UD Editor
Posted 6/12/24

Linn Fire Protection District Chief Ron Hoffman is urging everyone to contact the Occupational Safety and Health Administration (OSHA) before June 20 to comment on a proposed rule called …

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New OSHA rule would cripple rural fire departments, Hoffman says

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Linn Fire Protection District Chief Ron Hoffman is urging everyone to contact the Occupational Safety and Health Administration (OSHA) before June 20 to comment on a proposed rule called “Emergency Response” that will affect emergency responders, fire, EMS, and law enforcement in Missouri.

“This rule would be detrimental for all volunteer fire departments and our local community,” Hoffman wrote on the LFPD’s Facebook page. “The cost is beyond anyone’s budgetary capabilities and will cost our community more than can be raised through taxes or fundraisers.”

OSHA’s current Fire Brigades standard (29 CFR 1910.156) dictates guidelines specifically for industrial, fire departments, fire protection districts, and private firefighters. However, it does not apply to other types of emergency responders unless they respond to structure fires or provide marine/water rescue operations.

The law was published in 1980 and has not been updated with subsequent improvements in personal protective clothing and equipment or advances in safety and health practices. OSHA proposes to replace the existing 29 CFR 1910.156 with the new Emergency Response standard.

“The new rule would greatly impact rural fire departments in Osage County and Missouri,” said Hoffman, noting the cost to LFPD alone would be $5,179,360, including additional or substitute training costs of $130,900.

With 25 volunteers, Linn Fire has an annual budget of $310,000. Hoffman noted that the district’s challenges include funding, fuel, tires, a better stipend for firefighters, and the need for additional personnel to prepare for the staff requirement proposed by OSHA.

“We don’t have the funds to comply with OSHA’s order if it becomes law,” said Hoffman, noting would take the district over three years to comply. “Additional training requirements and certification are extreme for our volunteers. We are afraid of losing our volunteer fire department, and we desperately need firefighters.”

OSHA

The rule dictates that local chiefs and fire boards/city government fall under OSHA’s jurisdiction.

Another aspect of the rule requires all 15-year-old fire apparatus in the fleet to be removed from service due to aging out. Hoffman said many of these trucks have less than 10,000 miles.

Linn’s oldest truck has 40 years of service, with a replacement cost of $325,000. Other trucks in the fleet have significantly aged: one at 30 years, two at 29, two at 27, and one at 25. The bottom line is that under OSHA’s rule, Linn Fire would have to replace all but two apparatus or vehicles. Only the 2021 (8,000 miles at 3 years) and 2023 (6,000 miles, 1 year) engines would be exempt from the fleet requirement.

Hoffman noted it would cost $3,520,000 to replace the 15-year and older equipment. “It takes approximately two years after ordering an engine before you get it, and it may be longer because the entire state will be ordering new apparatuses,” he added. “Most of our vehicles have very low mileage.” 

Hoffman also wonders what the district would do with the older apparatus. “They would have no value if the Missouri market is flooded with all these apparatuses,” he explained.

Unless the department comes into compliance, the OSHA rule would effectively close the district, Hoffman said.

Generating additional income to cover the cost of replacement equipment would be daunting. “Our municipality does not contribute to the district, and their funding would not cover additional costs anyway due to the total needed to be compliant and maintain the ongoing needs of the district,” said Hoffman.

LFPD relies on fundraising for some equipment, with ATV/UTV rides, dances, dinners, golf tournaments, and barbecues having helped in the past. However, Hoffman said the district could not physically host enough events to meet its fiscal needs.

“Alternatives to the proposed rule should be considered as more funding is unachievable,” said Hoffman.

Another challenging aspect of OSHA’s proposed rule is the potential increase in the department’s operational insurance, and homeowner insurance will see a significant increase.

“The rule may cause the loss of any type of emergency response,” said Hoffman.

The chief encouraged everyone to contact their state representatives and visit OSHA’s website to comment on the rule.

If you wish to help, visit https://www.regulations.gov/ and search for “Docket No. OSHA-2007-0073.” Click on “Emergency Response” and fill in the blanks with the following information:

Subject: OSHA-Emergency Response Rule

Comment: “I am hereby letting you know the issues this rule will cause to our volunteer fire department and local community. Our department follows safety and training practices as set forth by NFPA. Our local fire department does not have the budget to meet these unrealistic standards with vehicles. The volunteers are trained, and the proposed standards would drive all the volunteers away, causing rural departments to have no emergency response. This rule can affect EMS in the near future if allowed to be established. Additional training to meet this rule by certification is not achievable.”

Hoffman recommends jotting down the comment’s tracking number for reference.

For more information, visit the LFPD’s Facebook page.