Over the last several years, there have been many questions and issues surrounding the requirement for firefighter bail out systems. Changes have been implemented and interpretations of the requirement continue to be made.

The first change was the implementation of the evaluation tool to determine what type of system is appropriate for your jurisdiction and those you respond to regularly.

The most recent change is in relation to training requirements. Dr. Eileen Franko, the director of the Division of Safety and Health at the New York State Department of Labor, wrote a letter to Attorney Terry Hannigan in response to a question regarding the training required for bail out ropes. Hannigan’s inquiry was in relation to ensuring that the required training did not increase the potential for injury.

The text of that letter shown here clarifies the DOL interpretation of the training requirements.

Eileen Franko, DrPH
Division of Safety and Health, Director
Department of Labor
W. Averell Harriman State Office Campus
Building 12, Room 522, Albany, NY 12240
www.labor.ny.gov

July 26, 2016

Terence S. Hannigan
Hannigan Law Firm PLLC
388 Kenwood Avenue
Delmar, NY 12054

Dear Mr. Hannigan:

Thank you for your letter of July 21, 2016. The Department of Labor shares your concern regarding firefighter injuries during training on the use of escape ropes.

The statute, 12 NYCRR Part 800.7, requires that firefighters are instructed in the proper use of escape rope and system components by a competent instructor. Instruction must include the requirements of paragraph (h) of this Part and the user information provided by the manufacturer. There is no requirement that the firefighter training under 800.7(g) include bailing out of a window at any significant elevation. A violation would not be issued if the training included all the elements in paragraph (g), including the hands-on use of the equipment in a controlled environment without the practice from an elevation.

Should a competent training instructor elect to have firefighters practice using the escape rope and system components at a second story height or higher, the use of a life safety rope and belay is required. This will help to ensure that the firefighters being trained do not fall and become injured. Training that allows participants to feel the load of their body weight may convey a better understanding of the escape rope system; however, it is not required.

Thank you for your interest in promoting safety and health among the fire service. If you have any questions, please do not hesitate to contact me.

Sincerely, 

Eileen Franko, DrPH
Director
Division of Safety and Health