Falcon firefighters are pictured at the scene of a fire in October. Volunteer fire departments have raised concerns about new federal OSHA standards that they say could make it easier to recruit and retain members.

Both state and local volunteer fire departments have expressed concerns about new regulations being proposed by the Labor Department’s Occupational Safety and Health Administration for first responders.

According to the New York State Firefighters Association, OSHA’s proposed new regulations, which would replace the 43-year-old Fire Brigade Standard, set nearly two dozen new rules for fire departments across the country. As currently drafted, these regulations would have a potentially profound impact on New York’s volunteer fire departments.

Additionally, FASNY stated in a press release that OSHA has not made changes to these regulations in 40 years and is now proposing major changes with little, if any, consideration of the impact these new mandates will have on local volunteer fire departments, especially small and rural fire departments in upstate New York. If OSHA is successful in advancing these new regulations in their current form, the new requirements would create significant administrative and operational difficulties and could ultimately compromise public safety, all while increasing the cost of providing fire protection. Currently, the time donated by volunteer firefighters saves the country more than $46.9 billion annually. In New York State alone, volunteers save residents nearly $4 billion annually in additional property taxes by donating their time and efforts.

Rob Galbraith, representative of Ripley Hose Company no. 1, said the proposed rules and regulations have been in the works since 2007 and that a panel of experts was convened during the creation process to help develop the language in the rule, but that many were underrepresented.

“They convened a panel of ‘experts’ to help develop the language in the proposed rule,” Galbraith said. “Unfortunately, those most affected by this, our nation’s volunteer emergency service personnel, have been grossly underrepresented in the proceedings. The proposed rule was released in late December 2023 for industry comments.”

The initial comment period closed in June 2024, but was extended through July due to extensive feedback from volunteer emergency response organizations across the state. On OSHA’s website for the new regulations, Galbraith said there were about 4,156 comments from many departments and organizations, overwhelmingly against the new regulations.

Included in the new regulations is a significant amount of administrative work that Galbraith said would be counterproductive for volunteer firefighters. Also included are changes to required physical paperwork, an expected significant increase in the department’s budget, concerns about confidential health files and other vague language that Galbraith said is a cause for concern, and more.

“Volunteer firefighters and EMS responders make up approximately 679,000 or 65 percent of the nation’s emergency responders,” Galbraith said. “This unfunded mandate adds a huge burden. It’s not getting any easier to recruit volunteer firefighters.”

A lot more paperwork will be required with the new regulations, something Galbraith said will mean Ripley’s department will have to hire a whole new person to handle it. Another concern is the aging population of volunteer firefighters, especially since the new regulations will require volunteers and regular or full-time firefighters to pass the same exam.

“This is basically one size fits all, even though they say it’s not,” Galbraith said. “Volunteers work in other jobs and with work, family balance some may not be able to make the transition as well as regular firefighters. If I can pass the required normal physical, it should be ok.”

Also included in the regulations is the requirement to retire some equipment potentially prematurely, which Galbraith said will be another big cost for volunteer firefighters. One of the biggest problems, however, is the general language.

“We’re asking for clear and concise language,” Galbraith said. “There is an enormous amount of ambiguity. We would like more clarity. The devil is in the details and we need more details or suggested a template. A tipping point could be reached with too much for volunteer firefighters to do. Expecting a rural department to follow the same rules as the city or towns is a burden and unrealistic. It is not clear that rural departments have been taken into account.”

Galbraith said the regulations lead to other concerns, such as some departments closing their doors and, in places like Ripley, that would leave the nearest first responders up to 60 miles away from where the call came in. Ripley Hose Company no. 1 was one of many that sent letters to OSHA asking them to reconsider the regulations, and as of mid-October OSHA released a statement saying it may reconsider changes for volunteer fire departments. Galbraith said he doesn’t think OSHA has taken everything into account when it comes to volunteer departments, but he credited them for realizing that now and listening to people’s concerns.

A public hearing has been scheduled for the regulations beginning Nov. 12, and Galbraith is one of many who have signed up to speak at the hearings — including both private citizens and fire or emergency service organizations, not not just from New York, but from across the country – which is expected to last two to four weeks.

Noel Guttman, emergency services director and fire coordinator for Chautauqua County, said while many of the regulations are bad, not all of them are.

“Many of these regulations are good and focus on safety, but some make it difficult for volunteer firefighters to comply,” Guttman said. “There was an open comment period and I think they didn’t expect the response and pushback they got. They seem to be listening and saying they can exempt volunteer firefighters from the new regulations, but maybe that’s not right either because some of the regulations are good, but it’s going to be difficult for any volunteer firefighter to comply 100%.”

Guttman said that while some regulations are good, many are excessive. He said future public hearings could take up to four weeks, but that’s also a good thing.

“There’s been an overwhelming response and there’s no quick fix, but thankfully OSHA is listening and seems to be focused on making sure this is done right,” Guttman said.

Galbraith said following the normal rulemaking protocol of public hearings and the comment period is the final step, and the original plan was for the rule to be adopted in late 2024.

“We just hope they will recognize that volunteer emergency services should be held to a different standard and consider the nature of the work compared to professional departments,” Galbraith said. “They are reconsidering, but we will continue to press them and express our concerns.”