Pennsylvania DOL Issues Warning to Volunteer FD On Junior Members
The investigation into a live fire training accident in Pennsylvania last month continues with the state Department of Labor and Industry sending a warning letter to the Jackson Township Fire Department.
A 16 year old junior firefighter was seriously injured in the accident which reportedly occurred when someone used 2 ½ gallons of gasoline to ignite a training fire. The youth was hospitalized for 6 days and sustained first, second and third degree burns.
The incident raises a number of legal issues with both civil and criminal implications, including: violation of occupational safety and health laws, violation of child labor laws, negligence, and reckless endangerment.
Here is a link to a news video about the case that I was unable to embed.
While the use of gasoline for a live fire training activity is incredibly stupid, the case should serve as a warning to any fire department with junior members – even if you do not anticipate such stupidity happening in your department.
There is a very real need to think through the roles that junior members can safely and legally perform. If you have not realized it yet, child labor laws do indeed apply to junior members and these laws (both Federal and state) prohibit exposing youths to dangerous conditions. Every state is different so it is important to know what your law provides. Some states have detailed regulations on junior firefighters and others do not.
Here is a link to a the Pennsylvania regulations and here is a link to a pretty good guide for compliance.
The use of accelerants in live fire training violates every National training standard (NFPA) as well as common sense. I believe this individual will have little issue with a civil complaint. I am interested to see if criminal charges will arise. It brings to mind the case years ago involving a volunteer training chief, accelerant and live “victims” during a training evolution. I believe there was criminal proceedings. Upstate NY maybe?
Yes, that was Assistant Chief Alan Baird from the Lairdsville, NY FD. You are correct he was accused of using an accellerant and he was convicted of negligent homicide (dodged the involuntary manslaughter charge).
I had the opportunity to interview him last year (he’s out of jail) and he insists he did not use any accellerants. If you take him at his word he was the fall guy for others who were probably at least if not more culpable for what occurred.
As for the recent PA incident, it appears the word has not gotten out to every corner of the fire service on the need to follow NFPA 1403 for live fire training. Gasoline is particularly bad – and Hollywood keeps reinforcing the crazy belief in people’s minds that it can be spread around liberally, ignited safely, and it will burn relatively slowly. It is explosive!
Incidentally, after the Lairdsville incident, NY made it a criminal offense to use live victims during a life fire training exercise… they called the law Bradley’s Law, after the deceased firefighter, Bradley Golden.
Im sure its within reason to believe that he was the fall guy if others “circled the wagons” and failed to take responsibility. Thank you for citing the case in question.
I hate to say it but that is the norm for training for a number of departments eventhough no one will admit it. What is sad is thre trend of “it ain’t good training unless we get a few of you guys hurt”. That is a quote of more than one training officer I have dealt with in my career. Make it real…but make it safe!
m steely
It is upsetting that anyone in the fire service would think that our people have to be injured in training for the training to be worthwhile. Where do these idiots come from?
I mean – folks may get hurt during training – there is always a risk, but the instructors running the training need to minimize the risks to the greatest extent possible.
To suggest that we can measure the validity of the training based on pushing students to the point of injury is crazy… and may encourage instructors NOT to minimize the risks.
Well put Mr Varone!