Initial and Annual "Training" Requirements


By David K. Walsh
NYSAFC Fire Education Committee

In a previous issue of The NYSAFC Bugle, we talked about the OSHA (PESH) Fire Brigade "standard," 29 CFR 1910.156. In a nutshell, it says that all personnel must be "trained" in any task they may be assigned to perform before they might be assigned to perform that task. Annually, they must be "re-trained/refreshed" in those tasks. The authority having jurisdiction (AHJ) must determine what its organization does and what tasks its various personnel might have to perform. This list of possible tasks should become the foundation for its training program, both initial training and annual refresher training.

In the previous article, AHJs were encouraged to create a system that focuses on "demonstrating proficiency" in these tasks rather than a time-based system where everybody must attend a specific amount of time at drills. Time-based training "only guarantees one thing; that being that a specific amount of time was consumed for training." It has no provision to ensure that anything else was accomplished. Other than a portion of the OSHA haz-mat training for different levels that each have specific minimum time requirements for initial training, no other OSHA standard or NFPA standard that apply to firefighters have any time requirements listed. All they (OSHA) want (require) is that personnel are "trained" and thus safe, and to ensure that they are proficient in any task they may perform.
 
The other part of required training focuses on the other applicable OSHA "standards/New York state laws, many of which also apply to other different occupations or operations." These standards and laws contain various training topics. For the sake of consistency, let's called them "job performance requirements (JPRs)," maintaining the same wording as NFPA. Each standard and/or New York state law lists exactly what personnel must be trained in. Again, think of the word "trained" as meaning personnel have demonstrated proficiency both initially and annually.

Below is a list of OSHA standards and New York state laws that apply to firefighters. All don't necessarily apply to all firefighters. For example, "Emergency Escape and Self Rescue Ropes" only applies to interior firefighters. The "Officer/Incident Commander Training" requirement only applies to individuals serving as an officer or incident commander, regardless of whether they are officially an officer. The personnel operating under the guidance of that officer are entitled to be properly directed and managed by the officer or incident commander, regardless of rank.

Keep in mind that OSHA's sole purpose is to "...require(s) employers to provide their employees with working conditions that are free of known dangers." It is not about generating revenue or imposing hardships on an agency; simply, their goal is to keep us all safe.

Before you review this list, keep in mind that most of these are basic topics and don't include a lot of "requirements."

For example, "Occupational Noise" JPRs are:
  1. What is noise?
  2. How is it measured?
  3. How does noise hurt us?
  4. How can we avoid/protect ourselves from loud noises (avoidance, different types of hearing protection provided by your AHJ, their availability, their use, etc.)?
  5. Your AHJ's hearing conservation program (what it says, etc.).
  6. The noise exposure reporting procedure in your AHJ.
"Workplace Violence" JPRs are:
  1. Definition and examples of workplace violence.
  2. Purpose and intent.
  3. Written policy (contents and accessibility).
  4. How to avoid workplace violence.
  5. What to do if workplace violence happens.

 
Annual Safety and Health Training

 Topic  Standard
Hazardous Materials/Emergency Response Awareness (everybody) and Operations (all responders) 1910.120(q)(8) and Permissible Exposure Limits 12 NYCRR Part 800.5
Respiratory Protection
 1910.134(k)(5)
Bloodborne Pathogens 1910.1030(g)(2)(ii)(B)
Right to Know Article 28 Section 878, 1910.1200
Workplace Violence NYCRR Part 800.6
Fire Extinguishers (if required to use) 1910.157(g)(2)
Occupational Noise 1910.95
Confined Space (Awareness) 1910.146
Officer/Incident Commander Training 29 CFR 1910.120(q)(6)(v)
Lockout/Tagout 29 CFR 1910.147
Emergency Escape and Self Rescue Ropes and System Components for Firefighters 12 NYCRR 800.7
Sexual Harassment This is highly "recommended training" – there is no exact law that requires it.
High Visibility Vest 23 CFR 634
One note – although there is no actual requirement for annual sexual harassment re-training, any organization that has gone through a sexual harassment complaint and subsequent investigation can tell you, it is much easier to make sure everybody is up to speed annually on this subject rather than dealing with it after a complaint is made. Again, it is not a "big" topic.

"Sexual Harassment" JPRs are:
  1. What is sexual harassment?
  2. What is your AHJ's policy on it?
  3. What to do if you think you have been a victim of sexual harassment.
  4. Supervisors – what to do if somebody comes to you with a sexual harassment complaint.
Initial training in all topics obviously will involve actual "training" followed by members demonstrating proficiency to ensure they really learned the information and can apply it. Annual refresher training will likely be much shorter, especially if the information is regularly used in your AHJ. If you have a policy that sits on a shelf someplace for 364 days and then gets dusted off once a year, basically, you will need to conduct initial training every year for everybody. But, the bigger issue is, now your members have not been properly protected from this hazard for a full year. Somebody at the top of your organization likely has not done his/her job.

If you use the information and follow the training and/or policy regularly, you should be well versed in the topic and not require annual "re-training." You simply need to "demonstrate proficiency" in the topic. How you do this is totally up to the AHJ. Folks ask, "Who decides what proficient is?" The answer is simple – the AHJ, the top management of your organization - whoever is at the top of your organizational chart.

Training requirements are in place to keep your folks safe, not just to satisfy some regulation. AHJs that don't routinely follow these regulations and laws are not taking care of their personnel and their leadership has dropped the ball, big time.

It's zero dark thirty hours and you just got vomit all over you at a call, or a needle stick, or you knelt in a pile of "poo." What do you do? Are you sure? Boy, sure wish I knew our "Bloodborne Pathogens/Infectious Disease" policy better. 

A document that lists all of these OSHA standards and New York state laws and their JPRs can be accessed/downloaded here.

Every year, PESH – the enforcing agency for all OSHA regulations for all public employees in New York state (including volunteer firefighters) – compiles a "Firefighter Resource CD" that contains just about everything that an AHJ might need to address OSHA regulations/New York state laws. It can be accessed/downloaded from NYSAFC's Recommended Best Practices for Fire Department Training Programs online resource page or directly from here.

The following are the contents of the CD:
 Training is intended to keep your personnel safe and efficient. It is not about satisfying a regulation. An officer's job is to take care of his or her personnel at all times – before, during, and after a call. 

About the Author:
Dave Walsh has been involved in the fire service for more than 47 years. This includes five years as a volunteer firefighter, 27 years as a career firefighter, 13 years as program chair for a college fire science program, 21 years as a New York state fire instructor, and 47 years as a student of fire science. He has lectured at the state, national, and international levels and serves on the NYSAFC Fire Education Committee.

New York State Association of Fire Chiefs