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Safety inspectors fine fire inspector for not using safety device while inspecting home’s solar panels to keep firefighters safe. Got that?

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This was a case of safety inspectors seeing a picture in the newspaper of a fire inspector doing his job and not liking what they were seeing.

Toby Rey, a veteran firefighter, has spent the last six years in the fire marshal's office in Santa Rosa, California. One part of his job, according to The Press-Democrat, is "to ensure solar panels on roofs comply with setbacks designed to keep firefighters safe."

In August, a picture of Rey was made the front page of The Press Democrat to help illustrate a story looking at conflicts that arise as Rey and others enforce the new solar panel rules (here's the August article).

When folks from Cal-OSHA saw the picture they noticed that Rey was 24-feet off the ground on the roof with no safety equipment. They issued the fire department a $2700 fine that Rey thinks is ridiculous and his bosses are trying to deal with.

Here's more an excerpt the article by Kevin McCallum:

When firefighters fight fires, they are exempt from Cal-OSHA rules regarding heights and other risk inherent in doing their jobs, said Dean Frye, a Cal-OSHA spokesman. But inspections fall under the same requirements that apply to anyone doing construction.

In this case, a harness or other fall protection measure has to be worn by employees “whose work exposes them to falling in excess of 7½ feet from the perimeter of a structure” or other unprotected edges or steep slopes, according to the code.

Rey said he knows what kinds of roof surfaces to avoid, noting he did not go on a tile roof that same day because of the risk of slipping.

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11 Comments

  1. bozo the fire chief says

    Way to screw the taxpayers CAL- OSHA.

    on December 22, 2011 @ 4:52 pm. Reply
  2. North Chief says

    Inspectors in one state fined a firefighter for being on top of a pumper operating a deck gun, they stated there was no reason for him to be there and it was not desinged for a person to be up there.. They did not offer to pay for a remote control deck gun( $7000). It is totally out of control.

    on December 22, 2011 @ 5:45 pm. Reply
  3. Fire21 says

    I was out cleaning the snow from my sidewalk with a snowblower today , and didn't have an emergency engine kill.  Am I eligible for a fine?  What about if I do it at the fire station?
     
    Good grief, OSHA, let people do their jobs!!

    on December 22, 2011 @ 7:18 pm. Reply
  4. ukfbbuff says

    Some OSHA Rules are Dumb. This is one case i agree with the Inspector.

    on December 22, 2011 @ 10:20 pm. Reply
  5. Molly says

    Each year falls from heights is either the number 1 or number 2 killer in the workplace. Why would anyone risk their life or serious injury doing that job?? It takes less than 2 minutes to put a harness on and anchor to something. It's just common sense.
    It's about time OHSA started enforcing THE LAW for residential workplace activities.

    on December 23, 2011 @ 1:37 am. Reply
    • CHAOS says

      OK…look at that picture and tell us where you see a "bomb-proof anchor".
      If he's 24' off the ground as the report states, and the only available anchor point is a chimney 30' away from where he has to measure, will that satisfy OSHA?
      Reminds me of an industrial safety class few years back where a very impressed-with-himself Safety Professional, in trying to save us from ourselves, stressed that we should always tie off to a point above where we're working.  First question:  What do we tie off to when we're working on top of a vessel or structure?
      Common sense isn't all that common.

      on December 23, 2011 @ 10:37 am. Reply
      • Molly says

        Roof top safety is a basic skill and there are multiple options for anchors. Free standing constant force posts, temporary roof anchors or rope lifelines to name a few. The rope lifeline across the roof is a great and easy option. (from front yard to back yard using a suitable anchor like a tree or part of the building)  Your harness is attached via an adjustable lanyard with either an ascender or a prussic knot on the lifeline.
        When working on top of a vessel you can use fall protection that is achored to your work surface and that is rated for freefall arrest forces. Google for some pictures of iron workers at construction sites. They use rail sliders attached to the I-beams that they are walking on.
        Fall protection is a massive industry and there are solutions for just about every scenario. Yes, they can be restrictive at times, they cost money and they can add time to a task. You just got to ask yourself, is it really such an inconvience when death or serious injury is a very real risk?

        on December 23, 2011 @ 11:05 am. Reply
        • CHAOS says

          I'm quite familiar with the ability to anchor on a point at foot level…that hardly satisfies someone's demand to anchor above you.   One bad thing about systems at foot level is the added tripping hazard.  There are many available options; not so many perfect options.

          on December 23, 2011 @ 12:59 pm. Reply
  6. Firemutt says

    While I am all for safety, I think the inspector could and should have advised the firefighter of the regulations and in the future there could be fines.  The purpose of OSHA is to promote safety not make money.  If warnings were issued and the firefighter ignored them then OK go with the fines.

    on December 23, 2011 @ 7:02 am. Reply
  7. Sean says

    Somewhat ironic, the fire inspector is there enforcing code regulations for SAFETY purposes. Yet another agency does their job, enforcing regulations for SAFETY purposes and he thinks he should be exempt. It's great that he knows to avoid tile roofs, but has anyone ever accidentally fallen?
    We can't pick and choose the rules we want to follow, especially if we won't let others pick and choose the rules we ask them to follow every day. With that said, I agree with Firemutt that a warning should have been issued if this was a first offense.

    on December 23, 2011 @ 8:12 am. Reply
  8. Shh... says

    This serves as a good reason for fire depts. to know OSHA regulations. I even know of depts. that have been issued fines while performing unsafe acts on emergency incidents. Sure the Cal OSHA inspector could have explained his position but then this wouldnt be an issue. Now that a fine was issued fire depts. across the country are and will be discussing the possibility of being fined in the future. Most OSHA offices have training classes that public safety personnel can attend for free and most OSHA inspectors, if asked, will come out to the firehouse to disuss their regulations. And if in doubt about something, call them and ask..

    on December 23, 2011 @ 9:36 am. Reply

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