COMPLYING WITH OSHA`S REVISED RESPIRATORY PROTECTION STANDARD
BY DANIEL J. HARGARTEN
On April 8, 1998, the Occupational Safety and Health Administration (OSHA), U. S. Department of Labor, newly revised Respiratory Protection Standard, Title 29, Code of Federal Regulations, Section 1910.134 (29 CFR 1910.134) took effect at the federal level. Within six months, states with their own plans were required to implement regulations at least as stringent as the federal standards. Even though every firefighter is not covered by this regulation, it will have a significant impact on every fire department in the country. The effect will be especially dramatic for modestly staffed fire departments.
This article focuses on the salient language of the regulation as adopted and also reviews some of the interpretation of the previous regulation, which could very likely be used to enforce the new one.
BACKGROUND
The regulation sets standards for all entries in spaces with immediately dangerous to life and health (IDLH) atmospheres. The standard contains language specifically related to interior firefighting operations for the first time. This is the first case of a federal regulation that defines smoke from a fire to be IDLH.
In general, the original regulation (1974) was written for industry, which over the years has caused confusion about what was required of the fire service. Although this new edition (1998) was supposedly written to clarify requirements for all users of breathing apparatus and all entries into IDLH atmospheres, this document may well raise more questions for the fire service than it answers. Unfortunately, the true implications of the Respiratory Protection Standard will not be known until OSHA publishes an interpretation or issues a citation.
In the fire service, this regulation has commonly been referred to as “Two In/Two Out.” However, as discussed in this article–given the language of the 1998 revision of the standard and previous compliance instructions by OSHA–this regulation may really mean two in and four out.
REQUIREMENTS
The revised Respiratory Protection Standard is a U.S. Department of Labor OSHA regulation. As such, it is not applicable to municipal employees. However, in states that have adopted their own state plans, federal OSHA requires that regulation at least as stringent must be adopted. These state plans do cover municipal employees. State plan states had six months from April 1998 to adopt their own rules. Fire departments located in states without state plans are not technically required to comply. However, it would be prudent for fire de-partments located in states without state plans to develop respiratory protection programs to forestall a possible civil suit. An injured employee can cite the existence of nationally accepted standards, whether adopted at the local level or not, as evidence for the suit.
To fully understand what federal regulation now directs, fire departments must read the standard`s language carefully and be thoroughly familiar with developments concerning respiratory protection that have occurred over the past few years. Remember that all of the paragraphs of this regulation apply. This new standard is applicable to the fire service not only for paragraph (g)(4), the one related to interior operations at structure fires. The paragraphs on respiratory protection program (c), selection of respirators (d), medical evaluation (e), and fit testing (f) are of equal importance and deserve review.
Paragraph (c), “Respiratory Protection Program,” reads: “This paragraph requires the employer to develop and implement a written respiratory protection program with required work-site specific procedures and elements for required respirator use.” Every fire department should have a written respiratory protection policy or standard operating procedure. In state plan states, fire departments are required to have written policy and/or procedure.
All personnel must be medically evaluated to determine every employee`s ability to use a respirator. Paragraph (d), medical evaluation, requires that the evaluation be conducted by a physician or other licensed health care professional (PLHCP). These PLHCPs must obtain the information found in the questionnaire contained in Sections 1 and 2, Part A of Appendix C of the regulation. The questionnaire shall be administered confidentially during the employees` normal work hours. Each employee must understand the content of the questionnaire. The employee shall also have the opportunity to discuss the questionnaire and examination with the PLHCP.
The PLHCP must be provided with the following information before making a recommendation about an employee`s ability to wear a respirator. The information provided from Section (e)(5) is the type and weight of the respirator to be used, duration and frequency of use, expected physical work effort, additional protective clothing and equipment to be worn, and the temperature and humidity that may be encountered. In making the medical determination, the employer shall, from Section (e)(6), obtain a written recommendation from the PLHCP. That recommendation must state whether there are any limitations on the employee and if follow-up medical evaluations are required. The written recommendations of the PLHCP must be provided to the employee. This section may very well give the PLHCP veto power over whether firefighters can make interior attacks. Selection of the PLHCP will be a very important decision for any fire department.
In Paragraph (g)(3), procedures applicable to all IDLH atmospheres are stated. Since this paragraph appears before the one concerning interior structure firefighting [(g)(4)], it must be assumed that a fire department must comply with all of these provisions in addition to those specific to firefighting. This paragraph requires that one or more employees be located outside the IDLH atmosphere. The employees in the IDLH atmosphere must be in visual, voice, or signal line contact with employees outside. Voice and signal line contact have not been defined. It is unclear whether radio communications qualify as voice contact or if a hoseline can be considered a signal line.
Additionally, Paragraph (g)(3) requires that the employer or designee be notified prior to the entry of employees into an IDLH atmosphere to perform rescue. The employer or designee once notified of a rescue must provide the necessary assistance appropriate to the situation. Finally, the employees outside the IDLH atmosphere must be equipped with positive-pressure, self-contained breathing apparatus (SCBA) and appropriate retrieval equipment for the employees inside, where required, or equivalent means for rescue where retrieval equipment is not required.
Paragraph (g)(3) clearly has been written for industry. The language requiring notification of rescue is something maintenance employees in an industrial setting should do if an accident occurs. It would be expected that industry would operate differently than a municipal emergency service. The fire service operates expecting that a rescue may be necessary at every structure fire.
Paragraph (g)(4) contains language specific to interior attacks in structure fires. Three items are listed in this paragraph: (1) At least two employees enter the IDLH atmosphere and remain in visual or voice contact with one another at all times; (2) At least two employees remain outside the IDLH atmosphere; and (3) All employees involved in interior structure firefighting must use positive-pressure SCBA.
There are two “Notes” to this paragraph of the regulation. The first note states that “one of the two individuals required to be outside may be assigned an additional role so long as that individual can perform assistance or rescue activities without jeopardizing the safety of any fire fighter working at the incident” (emphasis added). The second note states: “Nothing in this section is meant to preclude fire fighters from performing emergency rescue activities before the minimum number [of] personnel are assembled.”
ANALYSIS
There are several very key issues to focus on in this standard. The standard stands as a complete document. Fire departments must comply with all of its sections: They must have a written plan and worksite-specific procedure; they must perform annual medical evaluations on all potential entry and standby personnel; they must perform annual fit testing on all employees who will be expected to wear a respirator; they must train all personnel expected to wear a respirator in its use; and they must maintain records on each individual as evidence that they have accomplished all of the above. Failure to do so means your department is not in compliance, and your department will be cited for that violation when you are inspected. Remember that anyone can file a complaint with OSHA and OSHA will respond to that complaint with an inspection.
“Two In and Two Out”
Specifically concerning the “Two In and Two Out” section, (g)(4), of the standard, no person on the fire scene may perform any task or duty that may jeopardize the health or safety of any firefighter at that scene. It may be possible to accomplish two in/two out with four personnel, but it cannot be done without a chance that the health and safety of those personnel will be affected. If you wish to comply with the spirit as well as the letter of the standard, you must have six personnel assembled before any interior attack is started.
A possible two-in/two-out scenario is as follows:
The initial arriving company is equipped with a pump and hose and can apply water on a fire. That company is staffed with four firefighters. Each firefighter is wearing full turnout clothing and is equipped with positive-pressure SCBA. That crew deploys as company officer/incident commander (IC) and attack team member, apparatus driver/ pump operator and standby team member, firefighter/attack team member and firefighter/standby team member. In this scenario, all of the bases have been covered, and you are legal, provided that the attack team does not need rescue (emphasis added).
However, the OSHA Respiratory Protection standard states, Note 1 to paragraph (g): “One of the two individuals located outside the IDLH atmosphere may be assigned to an additional 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 fire fighter working at the incident.” (emphasis added).
This note raises three important questions: (1) Can the apparatus operator abandon control of the pump without jeopardizing the safety and health of the firefighters inside a burning structure? (2) If the IC is inside as part of the attack team, can he be effective as IC in the view of OSHA? Or can an IC either be in need of rescue or assist in the rescue of the team member without jeopardizing the health and safety of any firefighter at the scene? (3) Additionally, if the standby personnel are engaged in rescue, who is left to maintain communications with other responding units or the dispatch facility?
These three questions are very important to the two-in/two-out issue. The standby team members cannot engage in any activity that if abandoned will negatively affect the health and safety of any firefighter on the scene. Most fire departments consider the driver/operator of the pumping apparatus a required position to ensure the flow of water to inside attack personnel. Also, given that this regulation changes the scope of fire scene operations, can an IC exercise optimal control of the scene and communication, key safety issues, and be part of an attack team? Only OSHA can tell the fire service that. Considering that the Compliance Instruction issued by OSHA on May 5, 1995, specifically stated that the IC must remain outside, one would assume the answer is that the IC cannot be an attack team member.
The second note to Paragraph (g)(4) states that “nothing in this section is meant to preclude fire fighters from performing emergency rescue activities before an entire team has assembled.” What is the purpose of this note? The paragraph this note follows states unequivocally that all operations in IDLH atmospheres must be accomplished with a minimum of a two-firefighter attack team and a minimum of two firefighters as a standby team. Do not believe that this note allows legal violation of the regulation. It does not. Anyone has the choice to violate a regulation; however, if you violate that regulation, you will be cited. Even if there is no penalty, a citation is on the books. The department cited will be required to develop policy to ensure that future violations do not occur. Additionally, once cited, any violations of a similar nature are considered to be willful and will result in significant monetary penalties and close oversight by OSHA. You may be able to violate the regulation once, but you will not be able to do so twice. The purpose of this note is to state that you can violate the regulation, but not without penalty.
The language in the notes to paragraph (g)(4) are consistent with the National Fire Protection Association (NFPA) 1500, Standard on Fire Department Occupational Health and Safety Program. NFPA 1500 requires that (from section 6-4.4.2): “One standby member shall be permitted to perform other duties outside of the hazardous area, such as apparatus operator, incident commander, or technician or aide, provided constant communication is maintained between the standby member and the team members. The assignment of any personnel, including the incident commander, the safety officer, or operators of fire apparatus, shall not be permitted as standby personnel if by abandoning their critical task(s) to assist or, if necessary, perform rescue, they clearly jeopardize the safety or health of any fire fighter working at the incident” (emphasis added). If any guidance concerning the use of key fire scene positions such as IC or apparatus operator is needed, it is certainly contained here. Remember also that OSHA can use any nationally recognized standard as an enforcement tool under the General Duty Clause.
NFPA 1500 states that the IC and apparatus operator can be standby team members so long as they do not need to assist or rescue the attack team. Once these critical fire scene personnel abandon their tasks, firefighter health and safety are jeopardized. Therefore, a separate standby team of at least two personnel is necessary to fill all of the positions safely. To conduct interior operations safely, then, two firefighters in and four firefighters out are required.
RESULT
Much of this controversy started back before the adoption of NFPA 1500-1992 edition. Many members of the fire service believed it to be more effective and safer to staff fire apparatus with four personnel. That concept was based on three firefighters available to make an attack and one to operate the pump. Many in the fire service may believe that the Respiratory Protection Standard can be used as a good argument for staffing with four on an apparatus. However, just the opposite is now true. If it takes six firefighters to make an interior attack, having four firefighters on an apparatus is no better than having three firefighters. Even with four personnel on each rig, it will take two companies to make a fire attack. Municipal administrators may very well ask, “Why staff fire apparatus with four firefighters? It costs more to do so; they can`t do any more than three can.” Instead of an argument for more staff, this regulation could be used as an argument for less.
I interpret the regulation as follows: No fire department may commence interior firefighting operations with fewer than six trained and properly equipped firefighters on scene. It is also doubtful whether the rescue of any person requiring entry into a burning structure can be legally accomplished with fewer than six personnel on-scene.
`The OSHA Respiratory Protection Standard will make it more difficult for fire departments to protect lives and property. These are our core responsibilities. Entry into a burning building is an inherently unsafe act. The fire service performs these unsafe acts to help people, not to make a profit. We will no longer be able to provide our customers, the citizens, with the same level of service as we once did. Firefighting has lost its uniqueness. We are now just another industry to be regulated. n
Midland (MI) Fire Department Policy and Procedure
POLICY: 2-14
EFFECTIVE DATE: 1 June 1998
SUBJECT: Fire Ground Staffing and Assignments
1. Purpose. To provide procedure for Midland Fire Department personnel operating during the initial stages of a fire incident to comply with the current edition of Title 29, Code of Federal Regulations, Section 1910.134 (29 CFR 1910.134): Respiratory Protection.
2. Policy. All members of the Midland Fire Department shall comply with applicable state and federal regulations and operate safely at all fire scenes. Failure to comply will result in disciplinary action.
3. Responsibility. It is the responsibility of all Incident Commanders to assure compliance with this policy and all applicable state and federal regulations while conducting fire ground operations. It is the responsibility of all personnel operating at the scene of a structure fire to comply with this policy and to wear all personal protective equipment and self-contained breathing apparatus and to be prepared to perform interior firefighting operations and rescue.
4. Definitions.
4.1. Incident Management System. A system used to provide structure and coordination to the management of emergency incident operations in order that all objectives are accomplished, and provide for the safety of citizens and Department personnel.
4.2 Immediately Dangerous to Life and Health (IDLH) Atmospheres. Any atmosphere that poses immediate hazard to life or produces immediate irreversible debilitating effects on health.
4.3. Incipient Stage Fire. A fire that is in its initial stage and that can be extinguished by portable extinguishers, class II standpipe or small hose streams without the need for personal protective equipment (PPE) or self-contained breathing apparatus.
4.4. Incident Commander (IC). The fire officer in overall command of an emergency incident, equipped with personal protective equipment and portable radio.
4.5. Attack Team. Two fire personnel wearing PPE and using SCBA and equipped with a hoseline and portable radio that are assigned interior firefighting duties.
4.6. Stand-By Team. Two fire personnel wearing PPE and SCBA and equipped with a hoseline and portable radio who are assigned to remain in reserve performing no other duties. The sole purpose of the Stand-By Team is rescue of the Attack Team(s).
5. Incident Management System. At the scene of all incidents attended by the Midland Fire Department, an Incident Management System (IMS) shall be employed. The IMS employed shall be the system described in Policy 2-13.
6. Actions of the First Arriving Company. The following procedure shall be used by the first arriving company at the scenes of all structure fires that are beyond the incipient stage.
6.1. Command. The officer of the first arriving apparatus shall assume the role of initial Incident Commander and shall remain so until relieved by a higher-ranking officer and command has been properly passed.
6.2 Size-Up. The IC shall conduct a size-up of the incident. The IC shall determine whether immediate rescue is necessary. The IC shall also direct incoming companies where to place apparatus.
6.3. Company Tasks. The first arriving company shall lay two hoselines, one for the attack team and one for the Stand-By Team. The first arriving company shall also establish a water supply and any other tasks the initial company can accomplish.
6.4. Suppression Effort. No interior firefighting operations shall take place until the arrival of an additional company and there is a minimum of six personnel on-scene. The initial company may conduct exterior firefighting operations.
6.5. Notification. The IC shall direct the Midland County Central Dispatch Authority (MCCDA) to notify and call to the scene the Fire Chief and the Fire Training/Safety Chief.
7. Actions of Subsequently Arriving Fire Units. Below is procedure for the IC regarding the arrival of the Fire Shift Commander and subsequently arriving fire companies.
7.1. Fire Shift Commander. The Fire Shift Commander shall assume command, as delineated in Policy 2-13: Incident Management System, upon arrival. The Shift Commander shall confirm the size-up and objectives of the initial IC and implement or change those objectives as required for further operations.
Should the Shift Commander not arrive before the second apparatus, it remains the duty of the initial IC to control the incident and the personnel on-scene. The initial IC may pass command to the officer of the second apparatus and become part of the attack team or retain command and assign the second apparatus crew the attack role.
7.2. Second Arriving Apparatus. The officer and firefighter assigned to the second arriving apparatus shall be assigned the role of Stand-By Team. The officer shall be responsible for assuring constant readiness to intervene in a rescue situation. The firefighter is responsible for tracking those Department members who have entered the structure. The driver/operator of the second arriving apparatus shall assist the driver/operator of the first arriving apparatus with critical tasks and may assist other scene personnel with their assigned tasks.
7.3. Interior Fire Attack. Upon the arrival of a second company and a minimum of six personnel on-scene, interior operations can be initiated. The following assignments shall be filled prior to interior operations: IC, Attack Team, Stand-By Team and Apparatus Operator.
7.4. Third Arriving Apparatus. Upon arrival of the third apparatus, personnel shall be deployed as follows: officer and firefighter from the second-in unit become a second Attack Team and back up the first Attack Team inside the fire structure. The driver/operators from the second- and third-in apparatus become the Stand-By Team. The officer and firefighter from the third-in apparatus can be used for any fire scene task requiring personnel.
8. Rescue Operations. Rescue operations shall be conducted as follows:
8.1. Rescue Personnel. Rescue personnel, including Stand-By personnel, shall always operate in teams of at least two. At all times rescue personnel shall be equipped and operate the same as Attack Teams stated above.
8.2. Rescue Notification. No rescue effort may be made for either civilians or fire personnel without prior notification and agreement of the IC.
8.3. Initiation of Rescue. No rescue requiring entry into a burning structure shall be attempted prior to the arrival of six personnel.
9. Control of Hostile Fire. Once the fire has been extinguished and the IDLH atmosphere in the fire structure has been removed or interior operations have ceased, the Stand-By Team is no longer required. n
n DANIEL J. HARGARTEN, a member of the fire service since 1980, has served as chief of the Midland (MI) Fire Department for more than five years. He has a bachelor`s degree in business from the University of Minnesota, Twin Cities, and a master`s in management and administration from Metropolitan State University in St. Paul, Minnesota.
