NVFC - Required OSHA Standards

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ational Volunteer Fire Council -- What are OSHA standards?

operations because there is no employer/employee relationship, however, each state may choose toextend the OSHA regulations or other laws to cover volunteer firefighters. (This is the case in severalstates including Michigan and New York.) States which are non-OSHA states may have their ownregulations over volunteer firefighters, but generally OSHA laws do not apply to volunteers in non-OSHAstates.

Generally speaking, if a volunteer receives any type of monetary compensation for responding on a call,attending training, or any other activity, the volunteer can be considered an employee. In some caseswhere a fire department offers workers compensation protection to volunteers, courts have found that avolunteer can be considered an employee. A volunteer who is reimbursed only for expenses related to firedepartment operations is usually not considered an employee. Expenses could cover the cost of responsein a vehicle to a call.

It is wise to talk with your attorney and with your state OSHA office for more information. The figurebelow will help you determine whether OSHA laws apply to volunteers in your state.

B e ad v i s e d , h o w e v e r, t h a t r e g a r d l e s s o f w h e t h e r o r n o t t h e O SH A r e g u l a t i o n s a r e l e g a l l y e n f o r c e d o n y o u r d e p a r t m e n t , t h e y p r o v i d e d i m p o r t a n t g u i d a n c e o n a p p r o p r i a t e s af e t y m e a su r e s a n d c o n s i d er a t i o n s f o r m a n y t y p e s o f si t u a t i o n s . Ev e r y r e s cu e r s h o u l d b e p r o p e r l y t r a i n e d a n d eq u i p p e d , s h o u l d h a v e k n o w l e d g e o f r e sc u e h a za r d s , an d s h o u l d k n o w h o w t o p e r f o r m r e s c u e o p er a t i o n s s a f e l y .

Volunteers Not Exempt from OSHA Regulations on HazardousMaterials Training

As previously noted, OSHA regulations do not apply to many volunteer fire and rescue organizations.However, OSHA regulations on hazardous materials training apply to all volunteers. This is because theEnvironmental Protection Agency (EPA) incorporates OSHA standards into its regulations, and the EPAregulations are applicable to all firefighters, volunteer or paid.

Legal Considerations When a Public Fire Department ProvidesServices for a Private Entity

Some public sector fire and rescue departments function as the primary response team for industries oras a back-up response team for industrial fire and rescue teams. The industry may be required to providea firefighting or rescue capability for its employees who are performing hazardous duties; however, theindustry may choose to have the local fire department respond as the rescue team in lieu of forming itsown in-house team. In this manner, the fire department may be the first responder, back-up, or supportteam for an industry.

In OSHA states, public sector fire and rescue departments must comply with their state OSHA regulationsas is discussed previously. In non-OSHA states, a public sector firefighting or rescue team can function asthe primary or back-up emergency response teams for an industry but the public sector team is notnecessarily required to comply with the OSHA standards. The industry, however, is required to ensurethat a team responding from an outside agency is capable of meeting the requirements to fight fire,mitigate hazardous material incidents, or provide confined space rescue. The industry must also provideaccess to the potential rescue area(s) for training and familiarization. An industry cannot designate a localfire department as the provider of its required firefighting or confined space rescue service if that firedepartment does not have the personnel, training, and equipment necessary to conduct a confined spacerescue operation.

Listing and Explanation of OSHA Regulations Which Affect theFire Service

q USC 654(a)(1): OSHA General Duty Clause

r Overview The General Duty Clause is an all-encompassing section of Federal legislation whichdescribes the responsibilities of employers. The clause is found in 29 USC 654(a)(1) andstates, "Each employers shall furnish to each of his employees and employment a place of employment which are free from recognized hazards that are causing or likely to causedeath or serious physical harm to his employees." The intent of the clause is to protect

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employees from workplace hazards establishing a responsibility of the employer torecognize and correct hazards. In general, an employer can be found to have violated thisclause for failure to keep the workplace free of a recognized hazard which could havecaused death or serious physical harm to an employee and which could have beencorrected by some feasible method. Where there is no specific OSHA regulation that appliesto a situation, OSHA may use national consensus standards (such as NFPA standards) todetermine whether a workplace hazard violated the General Duty Clause.

r Application to Fire and Rescue Personnel The broad nature of this clause makes it applicable to nearly any fire or rescue relatedoperation where there are hazards present. Basically, it requires fire and rescue agenciesto identify hazards to which rescuers might be exposed and to reduce the likelihood of ahazard producing harm to a rescuers. This can be done by simply removing the hazard orby providing rescuers the necessary procedures, training, and equipment to safely operatearound the hazard.

r Click here for more information

q 29 CFR 19 10.156: Fire Brigad es

r Overview This section establishes requirements for the provision and duties of a fire brigade by anemployer.

r Application to Fire and Rescue Personnel This standard requires agencies to train and educate workers for emergency responseactivities, maintain and inspect firefighting equipment, and provide positive pressurerespiratory protection devices in compliance with OSHAs Standard for RespiratoryProtection (29 CFR 1910.134). Requirements also include the development of anorganizational statement and ensuring that workers are physically fit to carry out theirresponsibilities.


q 29 CFR 1910 .132-.140: P ersonal P rotective andRespiratory Equipment (includes 2 I n-2 Out)

r Overview

r This section establishes general requirements for the employer to provide, test, inspect,and maintain personal protective equipment (PPE) for employees who are exposed toworkplace hazards. Employees must be trained on proper us of equipment. 1910.134addresses respiratory protection. The regulation requires that at least two employees enterthe IDLH atmosphere and remain in visual or voice contact with one another at all times,and that at least two employees are located outside the IDLH atmosphere. All employeesengaged in interior structural firefighting must use SCBAs. According to the regulation, oneof the two individuals located outside the IDLH atmosphere may be assigned to anadditional role, such as incident commander in charge of the emergency or safety officer,so long as this individual is able to perform assistance or rescue activities without

jeopardizing the safety or health of any firefighter working at the incident. Furthermore, itstates that nothing in the regulation is meant to preclude firefighters from performing

emergency rescue activities before an entire team has assembled.q 29 CFR 1910 .146: P ermit-Required Confined Spaces

r Overview The intent of this standard is to protect personnel who enter permit-required confinedspaces. A confined space is defined as an area that:

s Is large enough and so configured that an employee can bodily enter and performassigned work; and

s Has limited or restricted means for entry or exit (for example, tanks, vessels, silos,storage bins, vaults, etc.); and

s Is not designed for continuous employee occupancy.

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A confined space is considered a "permit-required space" if it has one or more of thefollowing characteristics:

s Contains or has a potential to contain a hazardous atmosphere;

s Contains a material that has the potential for engulfing an entrant;

s Has an internal configuration such that an entrant could be trapped or asphyxiatedby inwardly converging walls or by a floor which slopes downward and tapers to asmaller cross section; or

s Contains any other recognized serious safety or health hazard.

The term "permit" is used because the standard requires an employer to issue a writtenpermit to employees before they are allowed to enter a permit-required space. Thestandard goes on to define a hazardous atmosphere as an atmosphere that exposes theemployee to the risks of death, incapacitation, impairment of ability to self-rescue, injury,or acute illness from:

s A flammable gas, vapor, or mist in excess of 10 percent of its lower flammable limit(LFL);

s Airborne combustible dust at a concentration that exceeds its LFL;

s Atmospheric oxygen concentrations below 19.5 percent or above 23.5 percent;

s Atmospheric concentrations of particular substances with special exposure hazardssuch as carbon monoxide and hydrogen sulfide; and

s Any atmospheric condition recognized as immediately dangerous to life or health(IDLH).

This regulation establishes many requirements for employers who have permit-requiredconfined spaces on their premises if they have reason to assign employees to enter thesespaces. The portion of this regulation which is most applicable to rescuers, however, is theparagraph K, Rescue and Emergency Services .

r Application to Fire and Rescue Personnel Under paragraph K, Rescue and Emergency Services , a rescue agency is required toprovide rescuers the full personal protective equipment (including breathing apparatus)and rescue equipment to perform rescues from permit spaces. The rescuers must also begiven training on how to use this equipment; no minimum training hours are specified,however, the training must ensure that rescuers are proficient in their assigned duties.Each member of the rescue team must practice making a permit-required space entry atleast once every 12 months in a space that is representative of one which they may haveto enter. Each rescuer must also be trained in basic first aid and CPR with at least onemember holding current certifications in each of these. Paragraph K does not requirerescuers to complete a permit before entry is made into a confined space for rescuepurposes, however a permit would be required to enter the space for training purposes.

Additionally, under paragraph K and other sections, the regulation establishes that rescuersmust have atmospheric monitoring and ventilation equipment, lifelines and harnesses, amechanical hoist system, communications equipment, and lighting equipment.


q 29 CFR 1910.147: Lock-out/ Tag-out Requirements

r Overview The intent of this standard is to prevent the unexpected energization or start up of machines or equipment, or the release of stored energy which could cause injury toemployees. This standard sets forth requirements for the control of hazardous energy orthe unexpected start up of equipment.

r Application to Fire and Rescue Personnel This section mandates rescuers use certain safety measures to prevent the unexpectedrelease energy or start up of equipment. Lock-out/tag-out procedures may be necessarywhen performing rescues involving heavy industrial equipment, elevators, or electricalrooms. Electricity must be shut down and protected so that re-energizing does not occur

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In the EPA Superfund Amendments and Reauthorization Act of 1986, Congress required theEPA to make this standard mandatory for state and local government employees in statesthat do not have an OSHA state plan (the EPA regulation appears in 40 CFR 311).Therefore, unlike other OSHA standards, the requirements of this standard apply to allfirefighters (paid or volunteer) in all states (OSHA and non-OSHA states) .

This standard also references NFPA standards 471, 472, and 473.


Introduction to Regulations & Standards OSHA Standards Regulatory & Standards Setting Bodies NFPA Standards

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http://www.osha-slc.gov/OshStd_data/1926_0065.htmlhttp://www.nvfc.org/regs01.htmlhttp://www.nvfc.org/regs03.htmlhttp://www.nvfc.org/regs02.htmlhttp://www.nvfc.org/regs04.htmlhttp://www.nvfc.org/regs04.htmlhttp://www.nvfc.org/regs02.htmlhttp://www.nvfc.org/regs03.htmlhttp://www.nvfc.org/regs01.htmlhttp://www.osha-slc.gov/OshStd_data/1926_0065.html

NVFC - Required OSHA Standards

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