AFGE FIREFIGHTERS COUNCIL
80 F. Street, N.W.
Washington, DC 20001
CEO Administration: Jeff Hartley
CEO Policy/Program: Tina Bryant
Legal Counsel: Sandra Adams-Choate
July 9, 2010
AFGE FIREFIGHTERS COMMENTS ON DRAFT VHA HANDBOOK XXX.01
Page T-1 – Transmittal Sheet
Paragraph. 2. Summary of Major Changes and Par. 5 Rescission.
Paragraph 2 does not contain a “Summary of Major Changes”. Rather, it “Rescinds” certain paragraphs of MP-3, Part III. Rescissions are addressed in par. 5 and the paragraphs there are not the same references as contained in this paragraph.
We recommend that paragraph 3 be rewritten to reflect the major substantive parts of the new draft and that paragraph 5 be consistent therewith.
Page 1, Section 1. Purpose
Section 1. Purpose and Section 2. Background.
A background section is generally not appropriate for a Handbook. However, notwithstanding that fact, this section is illustrative in that it points out that VA Directive 7700 rescinded all section of MP-3, Part III except for the part that pertains to fire department services. And, what is important is that VA Directive 7700 addresses DVA’s Occupational Safety and Health policy.
Recommendation: Amend Sections 1 and 2 by deleting Section 2 and amending Section 1 to reflect that the purpose of the Handbook is to: (a) to establish and maintain a comprehensive fire and emergency services program as an element of the Department of Veterans Affairs overall Safety and Health program, and (b) protect veterans, DVA personnel and the public from risk of death, injury, illness or property damage as a result of fire or other emergencies.
Section 3. Scope
Sections 1. Purpose and Section 3. Scope are basically the same identical. If Section 1 is amended as suggested above, then this problem would be eliminated.
Section 4. Responsibilities.
.d. VHA Fire Department Program Manager
We question these specific titles. It is our understanding that these titles are no longer
valid and/or the positions do not exist.
This is a personnel decision that should not be part of a Handbook addressing the standards for fire department services. The paragraph should be deleted.
Page 2, Section 4. Responsibilities. (Continued)
Fire incident reporting is addressed in VHA Directive 2009-039. Therefore, this paragraph should be revised to reflect that “Fire Incident Reporting will be in accord with VHA Directive 2009-039.
This paragraph is confusing when contrasted to the responsibility assigned to the VHA Fire Department Program Manager under Subsection d., paragraph (4). Both paragraphs should be rewritten to reflect the clear responsibilities for the Director, CEOSH and the Program Manager in procuring apparatus and equipment for the VA Fire Departments.
This paragraph is confusing when contrasted to the responsibility assigned to the Director, Center for Engineering and Occupational Safety and Health under Subsection d., paragraph 2 above. Both paragraphs should be rewritten to reflect the clear responsibilities for the Director, CEOSH and the Program Manager in procuring apparatus and equipment for the VA Fire Departments.
Page 3, Section 4. Responsibilities. (Continued)
In this paragraph and throughout the draft handbook, a clear distinction must be made between (1)skill-based training that generally is accomplished by drills and some class-room time and (2) educational courses that involve both classroom and/or on-line instruction followed by a skill-test and which upon completion, generally leads to a certificate. For this reason, this paragraph should be amended by deleting the word “training” and inserting in lieu thereof “educational courses.”
As pointed out above, a clear distinction must be made between skill-based training that generally is accomplished by drills and some class-room time and educational courses that involve both classroom and/or on-line time followed by a skill-test and which upon completion, generally leads to a certificate. In addition, the parenthetical in this subparagraph mixes apples and oranges. Its point of reference is “professional training sources”. “Certification program” is not a source, “OSHA” does not offer courses, and the remaining items are courses and not sources. For these reasons, this paragraph should be corrected to read “Providing educational training opportunities from IFSAC or ProBoard accredited sources for all fire department staff.
Again, as pointed out above, a clear distinction must be made between (1) skill-based training that generally is accomplished by drills and some class-room time and (2) educational courses that involve both classroom and/or on-line time followed by a skill-test and which upon completion, generally leads to a certificate. Based on this fact, this paragraph should be amended to read “Providing the opportunity for educational training for all fire department staff by offering accredited courses at the medical center or domiciliary and providing duty time for staff to attend or ensuring that requests from fire department staff for funding for the purpose of obtaining profession- related educational courses are processed in a timely manner and that fire department may attend those courses in a duty status.”
Once again, as pointed out above, a clear distinction must be made between (1) skill-based training that generally is accomplished by drills and some class-room time and (2) educational courses that involve both classroom and/or on-line time followed by a skill-test and which upon completion, generally leads to a certificate. In this case, what should be made clear is that this subparagraph refers to skill-based training based primarily on drills. In addition, each area of training and the number of hours allotted for that training should be specified. Further, it should be made clear that this does not include meeting mandatory requirements for training in certain areas where qualifications are required. For example, a certain number of hours are required to remain qualified to perform hazardous duty operations, serving as a hazardous material technician or as a hazardous duty incident commander or for performing duties as an EMT at any level.
The last sentence of this subsection is not needed particularly in light of subparagraph (d). That subparagraph provides that “Training schedules are to be provided on a monthly basis” This insures that everyone is assigned for skills-based training for a sufficient number of hours to meet this paragraph and for this reason, the last sentence should be eliminated. Based on this, this subparagraph should be amended to read “Scheduling during duty time, with the exception of night drills, a minimum of 100 hours of skill-based training/drills related to[specify each area of training and the hours allocated thereto] for all all fire department personnel each year.”
Page 4, Section 4, Responsibilities (Continued).
For the reasons set forth above, this paragraph should be amended to read “Monthly skill-based training or drill schedules must be posted….”
This paragraph is nonsensical because it is included in the Section that assigns the responsibility for education and training to the fire chief so one assumes that if it is the Fire Chief’s responsibility to provide training, then he would have the commensurate responsibility for approving the plans therefore. Therefore, it should be deleted.
This subparagraph should be rewritten. First of all, each DVA facility must determine what services (fire suppression, fire inspection, fire training, emergency medical services, hazardous material responses, etc.) it expects its fire department to provide. Next, a risk assessment must be undertaken (subparagraph (e) assigns the responsibility for developing a risk management plan in accordance with NFPA 1500), demand zones determined, etc. After those tasks are done, then the Fire Chief can determine the personnel needed and the organizational structure.
This paragraph is also in conflict with Part 6, Section a. Function. That subparagraph provides that “The responsibilities of each VA fire department shall include emergency services, fire protection, fire prevention, fire suppression, and fire safety….”
By law, DVA must comply with OSHA regulations. In addition, the National Technology Transfer Act mandated agencies to use national consensus standards. Therefore, DVA must adhere to those standards. Thus, if compliance with OSHA regulations and adherence to NFPA standards is referenced in these subparagraphs, then there is no need for (1)-(4) above. Based on this, we recommend that Subparagraph (b) be rewritten to read “Preparing and maintaining written policies and standard operating guidelines (SOG’s) in accord with applicable NFPA Standards and OSHA regulations. All bargaining obligations must be undertaken before implementing any SOG pursuant to this paragraph.”
Mutual Aid Agreements are contracts. As such, they should be developed and prepared or at least a model developed and prepared by DVA’s Legal Counsel. This paragraph goes far beyond what should reasonably be expected of a Fire Chief and therefore, it should be eliminated.
Subparagraph 2(b)(4) above already assigns responsibility for developing SOG’s to the Fire Chief and our recommendation with respect to that provision is that it reference NFPA Standards. If that is done, then this paragraph is not necessary because it would be redundant.
Page 5, Section 4, Responsibilities (Continued).
(3.) Administration
DVA must comply with OSHA regulations and hence, there is no reason to include this subparagraph that only reiterates that the Fire Chief must, by law, comply with OSHA regulations. It should be deleted in its entirety.
(c ) Establishing standard operating guidelines regarding….traffic incidents
This paragraph could be eliminated if our recommendations set forth above at Section 4, g.(2),(b), (1)-(4) were followed. Namely, it would be sufficient to state that the Fire Chief “is responsible for Establishing Standard Operating Guidelines in accordance with applicable NFPA Standards.”
(d.)Establishing standard guidelines that outline a systematic process for the rehabilitation of firefighters in accordance with NFPA 1500.
(e ) Establishing standard operating guidelines for post-incident analysis…
These paragraphs are unnecessary and should be deleted because they are part of the overall occupational safety and health program set forth under NFPA 1500 and Section 4, g., paragraph (2) (f) of the draft Handbook already directs that NFPA 1500 be followed.
This paragraph contravenes Civil Service law and must be deleted. A firefighter who meets the qualifications for employment as a firefighter established by OPM (under the maximum entry age and meets medical standards) is deemed qualified for his/her position. Skill-based training/drills are already required in this Handbook. There exists absolutely no authority for further testing of any kind. If a firefighter can no longer perform his duties, then under Civil Service law, the process of a “fitness for duty” exam can be followed.
(6.) Ensuring that all fire incidents are reported to CEOSH website in accordance with VHA policy.
Fire incident reporting is addressed in VHA Directive 2009-039. Therefore, this paragraph should be revised to reflect that “Fire Incident Reporting will be in accord with VHA Directive 2009-039. Notwithstanding this, this paragraph could be eliminated if our suggestions set forth above are made. In that event, Fire Incident Reporting only needs to be mentioned once in this Handbook.
VA fire department personnel are responsible for the following:
What is Local policy??? This is a back-door attempt to impose mandatory certification. DVA has absolutely no authority to impose qualifications for employment and certification as posed here, would become a qualification for employment. OPM and only OPM has the authority to determine the qualifications for employment and it has done that for firefighters by establishing medical standards and delegating the authority to the agencies to establish a maximum entry age. We recognize the one exception to this which is that Civil Service law permits those agencies that employ 50% or more of a class of employees, such as firefighters, to establish additional qualifications for employment. This is how DOD has established certification as a qualification for employment for firefighters—it employs over 95% of all federal firefighters. DVA employs less than 2%.
As written, this subparagraph appears to mean that unless current firefighters become certified (at their own expense) they would be ineligible for employment. And, the intent of this paragraph is even clearer when Section 6, paragraph l. Certifications, (page 12 of the draft Handbook) is considered. This is absolutely beyond DVA’s legal authority and must be deleted.
We point out that this issue was thoroughly discussed with the Secretary, DVA a number of years ago. The bottom line is that although AFGE endorses certification in principle, it would not endorse a blanket certification requirement for DVA firefighters. This is because DVA does not have training officers nor to our knowledge does it plan to hire any. It has never indicated that it will provide time and funds necessary to enable firefighters to take courses and to go to sites for practical testing in order to obtain certifications. The NFPA Standards do not mandate certification programs even though the NFPA is, as is AFGE, a proponent of certification.
There is one and only one way in which DVA can implement a certification program and that is to propose it as a condition of employment. As such, it would be fully negotiable. In such a case, AFGE would seek grandfathering of current firefighters and exemption for firefighters nearing retirement. Further, to implement such a program, DVA must be prepared to have certified training officers, resources available to enable current employees to take courses leading to requisite certifications and in general, it must propose an entire, viable certification program. Until it does that, this subparagraph must be eliminated in its entirety.
Page 6, Section 4, Responsibilities, (Continued)
As pointed out above, pursuant to the National Technology Transfer Act, DVA must comply with National consensus standards. The applicable standards appertaining to this Handbook are those promulgated by NFPA. The above
two paragraphs are the subject of NFPA standards and therefore, it would suffice to say that firefighters’ uniforms will be in accord with NFPA Standards and in fact, it would not be necessary to include these paragraphs if the beginning of this Handbook made clear that applicable NFPA Standards will be followed.
Further, we point out that uniforms are addressed fully in this draft Handbook, Part 6. Criteria and Requirements for VA Fire Departments, Section r. Uniforms, (Page 15 of the draft Handbook), and need not be addressed here. More importantly, however, is that the issue of uniforms is fully negotiable. For these reasons, we recommend these paragraphs be eliminated.
Both of these paragraphs are covered by OSHA regulations that by law, DVA must follow. For this reason, there is no reason to put these paragraphs in the Handbook.
Page 6, Section 5. Criteria and Requirements for Non-VA Fire Departments.
This provision is totally contrary to law in that it ignores NFPA Standards. NFPA 1710 requires time objectives to be established meaning response time not distance. Distance is meaningless. In the simplest terms, when an alarm is sounded, the fire department must be capable of responding with the first engine and four men within 4 minutes and with a second engine and men within 8 minutes. If distance is the only criteria, then it might mean that no response would be made for 30 or 40 minutes in which case, any fire beyond the insipient state would have reduced all within its bounds to nothing. It is very easy to look through the smoke here and recognize that if this draft Handbook becomes DVA’s bible for its fire and emergency services program, it would be able to eliminate every DVA fire department it has simply because there is another fire department some 3-1/2 miles distant even if the quickest that fire department could respond would be 30 or 40 minutes or longer.
This subparagraph is absolutely meaningless. Why develop a plan of correction with the DVA has absolutely no authority to direct a non-DVA fire department to correct or to take any action.
6. CRITERIA AND REQUIREMENTS FOR VA FIRE DEPARTMENTS
This paragraph is in conflict with Part 4, subsection G. , paragraph 2(a) in that the Fire Chief is charged with the responsibility for preparing and maintaining a statement that determines what services are to be performed. Thus, our comments pertaining to that paragraph are pertinent: “…First of all, each DVA facility must determine what services (fire suppression, fire inspection, fire training, emergency medical services, hazardous material responses, etc.) it expects its fire department to provide. Next, a risk assessment must be undertaken (subparagraph (e) assigns the responsibility for developing a risk management plan in accordance with NFPA 1500), demand zones determined, etc. Only at that point in time, can the services to be provided by any single DVA fire department be determined.
In addition to the substance of this paragraph we point out that the last sentence of this subparagraph is erroneous as written. First, this is a draft Handbook and not a Directive and while the last sentence states that “Applicable NFPA, TJC, OSHA….are listed.”—they are not listed anywhere. Again, we iterate that it would be wise to state that all applicable NFPA Standard, OSHA regulations and other pertinent laws and regulations pertaining to fire service shall be followed as well as providing a comprehensive list as an appendix to the Handbook.
Page 7, Part 6. Criteria and Requirements for VA Fire Department, (Continued)
This paragraph is in direct conflict with Part 4. Responsibilities, subpart g. VA Fire Chief, Section 2. VA Fire Department Organization and Staffing, Subsection (a), (Page 4 of draft Handbook). That section gives the responsibility for determining the organization of the Fire Department to the Fire Chief. More importantly, however, is as we pointed out in our comments to that section, until the services to be provided by the fire department are determined, then staffing cannot be determined. This particular section presumes that all fire departments will consist of one company only and that the only services provided will be fire suppression. This section is not needed in light of NFPA standards that must be followed by DVA and which specifically address the organization and staffing of a fire department. For this reason, we recommend that this paragraph be eliminated or amended to provide that the “…organizational structure and staffing of the fire department will be in accord with NFPA standards for the services to be provided.”
The reference to paragraph 6.e. must be deleted. Not only does it contravene NFPA standards but it is in direct conflict with controlling case line as decided in the case of AFGE Local 387 v. Northport VAMC.
In addition, these paragraphs are in direct conflict with Part 4. Responsibilities, subpart g. VA Fire Chief, Section 2. VA Fire Department Organization and Staffing, Subsection (a), (Page 4 of draft Handbook). That section gives the responsibility for determining the organization of the Fire Department to the Fire Chief. More importantly, however, is as we pointed out in our comments to that section, until the services to be provided by the fire department are determined, then staffing cannot be determined. This particular section presumes that all fire departments will consist of one company only and that the only services provided will be fire suppression.
More importantly though is the fact that the staffing models are not necessary because NFPA standards must be adhered to and they specify the on-duty staff necessary for providing various services. Table I simply sets forth the minimum number of firefighters that should be employed for a single engine company whose only responsibility is related to fire suppression. It ignores the fact that the fire department may have other responsibilities such as EMS or HazMat responses (a HazMat response team consists of 15 persons) that would require additional personnel to be hired and it ignores the need for dispatchers. For these reasons we recommend that paragraph c. Staffing be amended to read “Minimum required staffing shall be in accord with NFPA standards and shall be maintained 24 hours per day, seven days per week” and subparagraphs (1) and (2) be deleted.
This paragraph is not in accord with NFPA Standards. Staffing under NFPA standards for responses to various types of incidents requires a specified number of firefighters not including the Chief or other supervisor. Further, this paragraph contravenes OPM’s minimum qualifications for a firefighter including the Fire Chief. All persons employed in a position classified under the GS-081 classification standards which includes Fire Chiefs must meet applicable medical standards.
Table I. (See draft Handbook)
This paragraph and the table are unnecessary for several reasons and they should be deleted. First as pointed out above, staffing models are not necessary because NFPA standards must be adhered to and they specify the on-duty staff necessary for providing various services. Table I simply sets forth the minimum number of firefighters that should be employed for a single engine company whose only responsibility is related to fire suppression. It ignores the fact that the fire department may have other responsibilities such as EMS or HazMat responses (a HazMat response team consists of 15 persons) that would require additional personnel to be hired and it ignores the need for dispatchers. Further, we point out that where a group of employees performing the same duties such as firefighters, the duration of shifts, etc. is negotiable. Therefore, this paragraph would effectively eliminate the right to negotiate this issue and hence, is contrary to law.
As referred to in this paragraph, what is “described above” are the staffing levels for various tours of duty—Table I (see our comments pertaining to the fact that there is no need for this table). And, when the language of this paragraph is contrasted to Table I, it is purely nonsensical. Table I provides the number of personnel for various tours of duty yet this paragraph indicates that those personnel shall be on duty 24 hours a day, 7 days per week. For this reason, this paragraph adds nothing but confusion and should be eliminated.
As written, this paragraph is too vague. Fire department personnel occupy positions classified under the GS-081 series. The performance of other duties particularly unspecified could result in a misclassification of their positions. Said another way, the GS-081 classification series sets forth the duties to be performed by firefighters. They should not perform other duties particularly those for which they are not trained. Therefore, unless this paragraph is clarified, it should be eliminated.
Page 8, Section 6. Criteria and Requirements for VA Fire Departments, Subsection d. Work Schedule. (Continued)
This paragraph is contrary to applicable case law, (AFGE Local 1501 v McChord AFB). That case recognized that firefighters typically have a tour of duty extending beyond 8 hours and most usually consisting of 24 hours per day and that the tour of duty consist of 8 hours of time during which firefighters perform routine duties and the remaining hours where they remain within the confines of the installation but are free to sleep, eat and otherwise pursue personal objectives so long as they remain ready to respond to an emergency. Further, the hours during which firefighters perform regular duties (including responding to emergency) can be the subject of negotiations. Finally we point out that this paragraph is unnecessary in any event because this Handbook has already provided the VA Fire Departments will remain staffed and ready to respond 24 hours per day, 7 days per week.
(e.) Three Firefighter Staffing Equivalency
This is contrary to the requirement that a minimum of four firefighters must be on duty at all times contained in applicable NFPA Standards (primarily NFPA 1710 and 1500). DVA has absolutely no authority to waive this requirement for any reason. Therefore, this entire subpart is unenforceable and must be stricken from the Handbook.
This provision is totally contrary to law in that it ignores NFPA Standards. As point out in our comments to Section 5, Subsection a., paragraph 1. NFPA 1710 requires time objectives to be established meaning response time not distance. Distance is meaningless. In the simplest terms, when an alarm is sounded, the fire department must be capable of responding with the first engine and four men within 4 minutes and with a second engine and men within 8 minutes. If distance is the only criteria, then it might mean that no response would be made for 30 or 40 minutes in which case, any fire beyond the insipient state would have reduced all within its bounds to nothing. It is very easy to look through the smoke here and recognize that if this draft Handbook becomes DVA’s bible for its fire and emergency services program, it would be able to eliminate every DVA fire department it has simply because there is another fire department some 3-1/2 miles distant even if the quickest that fire department could respond would be 30 or 40 minutes or longer. This is just one more reason why this entire subsection e. should be eliminated from the draft Handbook.
This is one more reason why this paragraph should be eliminated. Radio communications are insufficient to enable a response to an alarm within the time set by NFPA standards. Either a central command center must be utilized or at a very minimum, a common alarm system must exist.
(f) The VA fire department has a mutual aid agreement with the municipal fire department. The municipal fire department has current pre-fire plans of the VA facility and participates in a minimum of one disaster drill/emergency drill each year.
Unless the mutual aid agreement specifies that the municipal department is the automatic first responder to an alarm at the facility, a mutual aid agreement is useless for providing fire protection at a VA facility. This is because a normal mutual aid agreement is to the effect, that if the outside, non-DVA fire department is available, only then will it respond. Without a common alarm system where a 911 call at a DVA facility goes directly to the municipal department and a mutual aid agreement whereby the municipal department has agreed to automatically be the first responder to all alarms, and the municipal department meets all applicable NFPA standards, then all patients, employees, guests, and property on the facility are a great risk of injury or death to fire occurring at the facility.
(g) The VA fire department has Standard Operating Procedures/Standard Operating Guidelines (SOP/SOG) requiring four firefighters on the scene prior to interior structure firefighting to meet the intent of Occupational Safety and Health Administration (OSHA 29 CFR 1910.134 “two-in and two-out rule. Note: If the fire chief does not meet the requirements of paragraph 6.p.(1) and is placed in an administrative position, the chief shall not be counted toward the staffing for complying with the “two-in and two-out” rule.
This paragraph is unnecessary and should be deleted because DVA must already meet OSHA regulations including the so-called “two-in and two-out” rule and in any event, it would be contrary to NFPA standards to ever count the fire chief as one of the four minimum firefighters that must be on the scene for initiating an attack. Hence, that part of the paragraph is contrary to law.
Page 9, Section 6. Criteria and Requirements for VA Fire Departments, Part e, subpart e Three Firefighter Staffing Equivalency. (Continued)
(h) All buildings in which patients sleep overnight are protected by an approved supervised automatic sprinkler system in compliance with applicable provisions of NFPA 101, and each sprinkler system is inspected, tested, and maintained in accordance with the applicable provisions of NFPA 101.
This is contrary to NFPA standards and contravenes the findings in AFGE Local holding in AFGE Local 387 v. Northport VAMC. The presence of a sprinkler system in patient occupied buildings has nothing to do with the duties firefighters perform nor can it ever be the basis the ignoring the legal requirement for the DVA to have four-firefighters on duty at all times. Hence, this paragraph must be stricken.
(2 ) VA Fire Department with three firefighter staffing equivalencies may continue with tours of duty in practice on the effective date of this directive.
Because three firefighter staffing equivalencies are contrary to law, as explained above, this paragraph must be stricken.
f . Facilities
DVA facilities are federal facilities and as such, do not have to comply with local jurisdictions’ health and safety code requirements. However, they must comply with federal requirements and it is not necessary to include this paragraph in the Handbook. It should be stricken.
It is not necessary to include this paragraph because DVA must comply with NFPA Standards anyway. All this paragraph does it reiterate that DVA will comply with applicable law.
(5 ) All fire department facilities shall comply with the most recent edition of NFPA 101, Life Safety Code.
It is not necessary to include this paragraph because DVA must comply with NFPA Standards anyway. All this paragraph does it reiterate that DVA will comply with applicable law.
(8) All fire department facilities shall be inspected at least two times per year. Inspections must be documented and recorded.
In order for this paragraph to have any meaning it should state who will conduct the inspection and what the inspection is for.
g . Pay Grades. Pay Grades. Pay grades shall be in accordance with Office of Personnel Management (OPM) guidelines.
By regulation, agencies are responsible for placing positions in the proper classification at the appropriate grade. DVA must comply with civil service regulations and so this paragraph is superfluous and should be stricken.
h . Emergency Operations. An incident management system must be established with written standard operating guidelines applying to emergency operations.
It is not necessary to include this paragraph because DVA must comply with NFPA Standards anyway. All this paragraph does it reiterate that DVA will comply with applicable law.
Page 10, Part 6. Criteria and Requirements for VA Fire Departments, Subpart i . Non-Fire Fighting Duties, paragraph
(4 ) VA fire departments respond to hazardous materials incidents at the level of Operations Level in accordance with the requirements of NFPA 472. Note: Operational Level Firefighters respond to releases or potential releases of hazardous materials as part of the initial response for the purpose of protecting nearby persons, the environment, or property from the effects of the release. They are also expected to respond in a defensive fashion to control the release from a safe distance and keep it from spreading.
(5 ) If approved by the facility Director, VA fire departments are permitted to respond to hazardous materials incidents at the level of Hazardous Materials Technician in accordance with NFPA 472. Note: Hazardous Materials Technicians respond to release or potential releases of hazardous materials for the purpose of controlling the release using specialized protective clothing (PPE) and control equipment.
(6 ) Fire officers are expected to act as Hazardous Materials Incident Commanders and must be trained to meet the competencies for the level of Incident Commander in accordance with NFPA 472.
The above three paragraphs put the cart before the horse in that the first thing that must be done at every DVA facility is for the Director to determine what services the fire department is to provide. If it is determined that the fire department should be capable of responding to hazardous materials incidents, then the next step is to determine what level of response is desired. If it is determine that a full response capability is desired, then it will be necessary to determine how to comprise the requisite hazardous materials response team of 15 members. Firefighters who are part of full hazardous materials response team must be trained to the technician level and placed in positions designated as (Firefighter/Hazardous Materials Technician) as the GS-07 level.. If only a minimal response (containment)level is desired, then firefighters need only be trained to the awareness/operations level. No firefighters should be assigned to perform hazardous materials duties unless they have been fully trained and certified to the appropriate level. With respect to paragraph 6, only those individuals who have been trained and certified as Hazardous Incident Commanders can perform this function pursuant to NFPA 472. Being a fire officer does not meet this requirement. It should also be noted that if the Fire Chief or any other individual who has been trained and certified including meeting the prerequisites of awareness, operations and technician, is not on duty, no other officer or individual can serve as the Incident Commander unless that person is also trained and certified. For these reasons, these paragraphs should be either deleted in their entirety or they should be rewritten to reflect the points made above.
j . Mutual Aid
(2 ) VA fire departments are permitted to respond to mutual aid requests from fire departments with which they have an agreement in place, as well as to requests for assistance from other fire departments when the ending of such assistance is in the best interest of the U.S. Government. Mutual aid requests from an outside community shall be answered with requested resources, if available. A minimum of one VA firefighter must remain at the VA facility. Fire department personnel remaining at the VA facility will immediately initiate a mandatory call back of off-duty VA personnel and/or a call for mutual aid standby in order to ensure that any incident at the facility will be dealt with promptly.
As written, this paragraph would result in violating NFPA 1500 that requires a minimum of four firefighters to be on duty at all times. Therefore, it should either be deleted or rewritten to reflect that when the VA fire department receives a call for mutual aid, then the VA will immediately initiate a mandatory call back of off-duty firefighters. At such time as four firefighters can respond to the incident leaving a minimum of four firefighters at the DVA fire department in additional to a fire officer, then the mutual aid response can be made.
Page 11,Part 6. Criteria and Requirements for VA Fire Departments, Subpart j. Mutual Aid (Continued)
The second and third sentences of this paragraph must be deleted. They contemplate non-compliance with NFPA 1500 that requires a minimum of four firefighters on duty at all times. To allow these sentences to remain provides an option for violating the law that cannot be countenanced.
Page 12,Part 6. Criteria and Requirements for VA Fire Departments, Subpart l. Certifications.
THIS ENTIRE SECTION MUST BE DELETED AT THE PRESENT TIME. As explained above (See Comments on pages 9-10), the DVA has absolutely no authority to impose additional qualifications for employment. Qualifications for employment are determined by OPM. Hence, certification is a nothing more than a CONDITION OF EMPLOYMENT desired by DVA and which is fully subject to negotiations. Until a certification program is agreed to through negotiations, it cannot be imposed.
Page 13, Part 6. Criteria and Requirements for VA Fire Departments, Subpart m. Training and Education.
(1) Training, education and professional development programs in accordance with applicable NFPA standards shall be provided as need to support the minimum qualifications and certifications expected of fire department personnel.
The only qualifications for employment that firefighters must meet are that the meet medical standards and are under the maximum entry age when hired. Further, as repeatedly stated herein, certification is a condition of employment and fully subject to negotiations. Therefore, either this paragraph should be deleted are it should end after the phrase “applicable NFPA standards” with the remainder being deleted in its entirety.
Skill training or drills is addressed in Part 4, subpart g, paragraph (1)(b) (page 3 of the draft Handbook and this paragraph conflicts with the provisions there. Therefore, this paragraph should be deleted.
This paragraph is superfluous because DVA must comply with all NFPA Standards and so this paragraph is nothing more than a statement that it will comply. Recommend deletion.
“Qualified” instructor must be defined. Further, skill-based training, exercises and drills do not necessary require an instructor. For these reasons, this paragraph should be rewritten to reflect whatever the intent may be and then we will review it again.
There are various levels of emergency medical services (first responder, EMS-Basic, EMS-Intermediate and Paramedic). Depending on the level of services to be provided, training and certification to that level should be required. In most jurisdictions, state certification and National Registry certification are only applicable at the paramedic level although some require certification at the Intermediate level. Further, under State certification, the EMS responders must be under the supervision and control of a Doctor and follow that doctor’s medical protocols. With these basic facts in hand, before any mention is made of providing EMS services in the Handbook, consideration must be given to what facility have a need for and desire EMS services to be provided by the fire department and at what level. Then, positions can be established for Firefighter(EMT-Intermediate) or Firefighter(paramedic). Arrangements must be made for a supervising doctor and provision must be made for firefighters desiring to fill those positions to obtain the requisite course instruction at DVA’s expense and on DVA’s time.
On Fire Department Infection Control Program.
This paragraph is superfluous because DVA must comply with all NFPA Standards and so this paragraph is nothing more than a statement that it will comply. Recommend deletion.
Page 14, Part 6. Criteria and Requirements for VA Fire Departments, (Continued)
Subpart n. Technical Rescue Operations Training
Hazardous materials responses has already been addressed in this Handbook and in this section. See subpart (i). Our comments to that section (see page 19) are pertinent here. This paragraph must be deleted..
This paragraph is superfluous because DVA must comply with all NFPA Standards and so this paragraph is nothing more than a statement that it will comply. Recommend deletion.
o. Maximum Entry/Mandatory Retirement Age.
This subpart is nothing more than an erroneous statement of the law and implementing regulations. “For that reason and because restatements of provisions of law should not be included in a Handbook, this subpart should be deleted in its entirety.
p. Medical and Physical Requirements.
This subpart must be deleted for the following reasons: (1) OPM has statutory authority to determine and medical standards that must be met. DVA has not obtained permission from OPM to use NFPA medical standards and not only must it obtain OPM’s permission but the application of the NFPA medical standards is subject to impact and implementation negotiations. (2) DVA has no authority to impose and in fact, it contrary to civil service law to impose unspecified physical requirements for performing their assigned duties. And, (3) Fire Chiefs are hold positions classified under the GS-081 classification series and hence, must meet applicable OPM medical standards. If they cannot meet the medical standards, they must be removed from their positions.
Page 15, Part 6. Criteria and Requirements for VA Fire Departments, (Continued)
r. Uniforms
(2) The following standard uniform must be worn during the normal day-to-day
operations of the fire department.
Duty station uniforms must be negotiated. This paragraph presumes that a type of dress uniform will be worn on a regular, day-to-basis and that is a subject to negotiations before implementation.
(j) Shoes. Black safety shoes or boots that comply with ANSI Z41-1991.
Safety shoes are considered safety equipment and therefore, they must be provided by DVA. This paragraph should reference that DVA will provide safety shoes.
(k) Work Uniform and (l) Cap (optional)
Duty station uniforms must be negotiated. Therefore, these two paragraphs should be rewritten to reflect the obligation to bargain and that no duty station uniform will be imposed until such time as negotiations have been concluded.
7. Evaluation of VA Fire Departments and Non-VA Fire Departments.
The evaluation of DVA Fire Departments is already addressed in this Handbook in Part 4, subpart d. VHA Fire Department Program Manager, paragraph 1. And, the Criteria and Requirements for Non-VA Fire Departments is the subject of Part 5 of the draft Handbook. For these reasons it is redundant to include this Part 7 and it should be deleted.
SUMMARY
Page 5
Section 4
Paragraph g, subparagraph (4)
Paragraph h, subsection (1)
Section 5,
Subsection (a)
Page 7
Part 6
Subpart c, paragraphs (1), (2), and (3)
Page 8
Part 6
Subpart d, paragraph (3)
Subpart (e)(1)
Subpart (e)(1)(a)
Page 9
Part 6
Subpart e, paragraph (1)(h)
Page 10
Part 6
Subpart j, paragraphs (2) and (3)
Page 12
Part 6
Subpart l.
Page 14
Part 6, subpart p.
Page 4
Section 4
Paragraph g. (2)(b)
Subparagraphs (1)-(4) (must I&I Standard Operating Guidelines)
Page 5
Section 4
Subsection h.
Paragraph 1 (must bargain over certification program)
Page 6
Section 4, subsection h
Paragraphs (2) and (3) (must bargain over uniforms)
Page 7
Part 6, subpart h
Paragraph d, subparagraph (1) (can negotiate work schedule)
Page 15
Part 6, subpart r, paragraph (2) (must bargain over uniforms)
Page 16
Part 6, subpart r, paragraph (2)(k)
Page T-1 Transmittal sheet
Paragraph 3
Paragraph 5
Page 1
Section 1
Page 2
Section 4
Paragraph d. Subparagraphs (1) and (2)
Paragraph e. Subparagraph (3)
Page 3
Section 4
Paragraph f. Subparagraphs (4) and (5)
Page 4
Section 4
Paragraph g. Subparagraphs (1) (a), (b),(c)(1)
Subparagraph (2)(a)
Page 6
Part 6, paragraphs (a) and (b)
Page 7
Part 6, subpart h
Paragraph d, subparagraph (2)(a)
Page 9
Part 6
Part e, Subpart (2)
Part f, Subpart (8)
Page 10
Part 6, Subpart I, paragraphs (4), (5), and (6)
Page 13
Part 6, Subpart m, paragraph (1)
Page 13
Part 6, Subpart m, paragraph s (4) and 5(a) and (b)
Page 15
Part 6, Subpart r, paragraph (2)(j)
Page 1
Section 2
Section 4
Subsection c, paragraphs (1)
Page 4
Section 4
Paragraph g, subparagraph (1)(c )(2)
Subparagraph (2)(a)
Section 4
Paragraph g, subparagraph (2)(c )
Subparagraph (3)(a)
Page 5
Section 4
Paragraph g, subparagraph (3)(b), (d) and (e)
Page 6,
Section 4
Paragraph h, subparagraph (4)
Page 7
Section 6,
Paragraph b.
Page 7
Part 6, subpart h
Paragraph d, subparagraph (2)
Page 8
Part 6
Subpart 1,
Paragraph (1)(e)
Paragraph 1(g)
Page 9
Part 6
Part e, Subpart (2)
Part f, Subpart (1), (2) and (5)
Part g
Part h
Page 11
Part 6, subpart j, paragraph (3)
Page 13
Part 6, Subpart m, paragraph s (2), (3), and (7)
Page 14
Part 6, Subpart n, paragraphs (2) and (3)
Subpart o
Page 16
Part 7