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Fire Investigators and the Occupational Safety Standards
One of the most often overlooked aspects of keeping fire investigators safe and healthy is the need for almost every employer to follow the OSHA occupational safety and health standards and regulations.
The terms standard and regulation are used interchangeably in the OSHA literature. According to the OSHA website, “a standard (or regulation) is a regulatory requirement established and published by the agency to serve as criteria for measuring whether employers are following the OSH Act laws.” Both are used here.
Since the federal OSHA standards apply to most fire investigators, let’s look at some of the more relevant ones and their training requirements, keeping in mind that, like building codes, these are minimum standards. The IAAI’s Fire Investigator Health and Safety Best Practices, 3rd edition, provides, in most cases, a higher level of health and safety practices. This document is available to everyone at www.iaaiwhitepaper.com
The primary goal of the OSHA standards is to prevent workplace injuries. As fire investigators, our challenge is that the OSHA standards are designed for the traditional workplace environment, with readily identifiable hazards, not the uniqueness of the post-fire workplace. However, the standards still apply, so we must do our best to fit them into our work environment and comply with them. The key is to understand these regulations and have the required training for them. Are you aware of and following these regulations? As an employer, are you providing this training? As an employee, are you receiving the required training?
It is also important to understand the consequences of not following these regulations. Workplace injuries are expensive. For employers, there is a monetary cost, a loss of productivity, potential loss of new business, public relations damage, and legal and regulatory issues. For the worker, there can be an injury or loss of life, loss of income, family hardships, and medical and legal expenses. Public and private employers can be fined heavily for OHSA violations Effective January 17, 2023, Federal OSHA’s maximum penalties for serious and other-than-serious violations increased from $14,502 per violation to $15,625 per violation. The maximum penalty for willful or repeated violations increased from $145,027 per violation to $156,259 per violation[3].
Perhaps the most important of the OSHA standards is the General Duty Clause, which requires a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. Where there is no specific OSHA standard that applies to a particular hazard or situation, this clause covers it. It is extremely challenging to have a completely safe post-fire scene, and impossible in some cases. Nevertheless, employers are obligated to provide workers with a reasonably safe work environment. This is done by first conducting a risk assessment of each scene before any work starts and using the hierarchy of controls to eliminate or reduce hazards to a reasonably safe level.
With this groundwork laid, let’s look at some of the many OSHA regulations that apply to fire investigators. This article addresses the more critical regulations. Many others apply to fire investigators. I have a paper that covers this subject more fully. If you’re interested in additional information on this topic, email me at [email protected]
Wearing the proper level of personal protective equipment (PPE) is integral to minimizing exposure to hazards. The most important OSHA regulations for fire investigators are those regarding personal protective equipment found in Subpart I (29 CFR 1910.132 – .138)[4]These standards cover respiratory protection requirements, protection for the head, hands, feet, eyes, and hearing, and hearing protection. The current edition of Fire Investigator Health and Safety Best Practices provides excellent PPE assessment and selection information.
The introductory language in 1910.132(a) offers general guidance for fire investigators and their employers. “Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary because of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.” We know that hazards of the types listed are very likely to be present at most post-fire scenes from gases and particulates at the least; therefore, these PPE standards apply to fire investigators.
This section says that “the employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE). If such hazards are present or likely to be present (they ARE likely to be present in the post-fire environment), the employer shall . . . select and have each affected employee use the types of PPE that protect the affected employee from the hazards identified, communicate the decisions to each affected employee, and select PPE that properly fits each affected employee” (1910.132(d)(1)).
PPE Training – before first use (29 CFR 1910.132)
- When the PPE is necessary; what PPE is necessary; how to properly don, doff, adjust, and wear PPE
- The employee must demonstrate their understanding and proficiency before first use
Respiratory protection training – before first use (29 CFR 1910.134)
- Why the respirator is necessary and how improper fit, use, or maintenance can compromise the protective effect of the respirator; the limitations and capabilities of the respirator; their use in emergencies; how to inspect, put on and remove, use and check the seals; procedures for maintenance and storage; recognition of medical signs and symptoms that may limit or prevent effective use; and the general requirements of the standard
- Annual retraining is REQUIRED!
Medical Equipment and Training: “In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available” (29 CFR 1910.151). For public fire investigators, this is accomplished, in most instances, by having their EMS services readily available. However, this training requirement and equipment are essential for investigators if they are working alone. Giving someone a first aid kit without ensuring that they have the requisite training is not sufficient.
Other important OSHA training and compliance requirements:
- Formaldehyde – initial and annual training for any exposure level
Ø The 2020 UL FSRI study showed high formaldehyde levels three days post-fire
- Lead – initial and annual training for any exposure level
Ø This is a component of fire smoke at most structure fires and therefore in the particulates it deposits in and around the scene
- Asbestos – initial and annual training for exposure at/above the permissible exposure limit (PEL) (1 fiber per cubic centimeter)
- HAZWOPER – required initial specialized training if entering during an emergency and annual training.
Ø Fire investigators should stay out!!
- Permit-required confined space – training before any entry
Ø Another place fire investigators don’t belong in most instances
- Bloodborne pathogen – initial and annual training for all employees
- Electrical – training for employees who face the risk of electrical shock that is not reduced to a safe level by the electrical installation requirements
- Employer-provided fire extinguisher – initial and annual training
Ø If you have an FD vehicle, it likely has or should have a fire extinguisher. Yes, we teach others about these, but we are also required to have the training!
- Marking physical hazards that cannot be removed
- Wearing high-visibility clothing around moving equipment
If you are an employer, do you know that you are responsible for the safe condition of tools and equipment used by employees, including tools and equipment that employees may furnish? (29 CFR 1910.242). And you must ensure that all ladders used (yours or theirs) are inspected and meet the requirements of section 29 CFR 1910.23.
One important note about all these training and inspection requirements, if they are not documented, they did not happen! Therefore, you must keep detailed records and retain them for the required time.
What OSHA calls General Environmental Controls is a completely ignored regulation in our industry (OK, there may be someone following this, but I’ve never seen it!). This section covers signage that is required under certain circumstances. 29 CFR 1910.145(a) through (e) covers signage for permanent hazards, and this does not typically apply to us. However, subsection (f) talks about accident prevention tags – a device usually made of card, paper, pasteboard, plastic, or other material used to identify a temporary hazardous condition. I have highlighted the important words in the following. “Tags (AKA signs) shall be used as a means to prevent accidental injury or illness to employees who are exposed to hazardous or potentially hazardous conditions, equipment, or operations which are out of the ordinary, unexpected, or not readily apparent. Tags shall be used until such time as the identified hazard is eliminated or the hazardous operation is completed. Tags need not be used where signs, guarding, or other positive means of protection are being used.” 1910.145(f)(3).
What does this mean for fire investigators? Almost every post-fire scene contains gases and particulates that cannot be immediately detected or seen by the human eye (not readily apparent) but are harmful to our health and that of others (hazardous or potentially hazardous conditions) and could lead to illness. This could also apply to other things as well. So, this standard certainly applies to almost all post-fire scenes.
If you’re working a scene by yourself or with a few others from your organization, you should be aware of this hazard potential and wear appropriate PPE. However, for any initial or future scene exam where others will be present, it is incumbent on your employer, via you, to post the scene, which should be done at each entrance. Below is one sign example, and I suggest adding your company/agency name and contact information. We won’t get into the whole discussion about whether you can require others to wear PPE. But by posting this sign, or its equivalent, the others are put on notice regarding the hazards, and you comply with the OSHA regulation.
In this article, we have just scratched the surface of the OSHA standards that do or could apply to fire investigations. A comprehensive, written occupational safety and health program is the key to compliance with these regulations and the foundation of an organization’s standard operating procedures, policies, and employee training programs. Many standards apply to fire investigations that require written safety plans, and if respirators are required (Hint: They are!), you must have a written respiratory protection program. Does your organization have these?
NOTE: This information is provided with the understanding that the author is not engaged in rendering legal advice and is providing no legal opinions. If legal or other professional advice or expert assistance is required, the services of a competent professional should be obtained. This material is for informational purposes only and does not represent the full content of the standards cited. Readers should review the standards on the OSHA website to understand their requirements fully.
[1] Sole proprietors – fire investigators working for themselves – are not covered by the OSHA regulations, although it is good to follow them at a minimum. Employers with less than ten employees may have certain reporting requirements waived, but all the standards apply.
[2] See https://www.osha.gov/stateplans/ny for additional information.
[4] The OSHA regulations are found in Title 29 of the Code of Federal Regulations. The General Industry section (1910) is the one applicable to fire investigations.