Public Hearing Testimony of Commissioner Danté Bartolomeo
Department of Labor
Labor and Public Employees Committee
February 24, 2026
Good afternoon Senator Kushner, Representative Sanchez, Senator Sampson, Representative Weir and members of the Labor and Public Employees Committee. Thank you for the opportunity to provide you with this written testimony regarding H.B. 5276 AN ACT CONCERNING VOLUNTEER FIRE DEPARTMENTS AND AMBULANCE COMPANIES AND THE DEFINITION OF EMPLOYER UNDER THE STATE OCCUPATIONAL SAFETY AND HEALTH ACT. My name is Danté Bartolomeo, and I am the Commissioner of the Connecticut Department of Labor (CTDOL).
The Connecticut Department of Labor (CTDOL) supports the proposed bill. CTDOL’s Division of Occupational Safety and Health (CONN-OSHA) enforces state occupational safety and health regulations as they apply to state and municipal employees. CONN-OSHA enforces safety and health standards in public sector workplaces by conducting compliance inspections, responding to complaints or requests, and investigating fatalities and serious accidents. Citations are issued where violations are discovered. Training, education, and onsite safety and health consultations are provided to both private and public sector employers upon request, and the division offers no-cost technical assistance and information on workplace hazards.
HB 5276 seeks to clarify CONN-OSHA’s jurisdiction over the employee/employer relationship of volunteer fire departments and volunteer ambulance companies in the wake of the Connecticut Supreme Court's decision in Mayfield v. Goshen Volunteer Fire Company, Inc., 301 Conn. 739 (2011). Historically, CONN-OSHA has considered all fire departments, including volunteer fire departments, under its jurisdiction pursuant to the Occupational Safety and Health Act ("Act"). In 2008, a volunteer fire department challenged this authority, and in 2011, the Connecticut Supreme Court ruled that this particular volunteer fire department, though not necessarily all volunteer fire departments, was not covered by the Act.
This bill seeks to amend the definition of "employer" under the Act to ensure coverage and protection of all Connecticut volunteer fire departments and volunteer ambulance departments by CONN-OSHA. Federal OSHA has determined that it does not have jurisdiction over volunteer fire departments or volunteer ambulance companies because of their affiliation with municipalities and the fact that Federal OSHA’s jurisdiction is limited to private entities. At the same time, CONN-OSHA’s jurisdiction over volunteer fire departments or volunteer ambulance companies has been challenged because each department has a different level of reliance upon municipal funds, and because the complex employer/employee relationship varies from town to town.
CTDOL believes that affording volunteer firefighters the protection of CONN-OSHA may help with the recruitment crisis volunteer fire departments are currently facing. According to a 2025 estimate by the Office of the State Comptroller, the number of volunteer firefighters in our state has shrunk from 22,350 in 2017 to 8,337 in 2025. Unfortunately, over the past few years, there have also been several incidents where we believe CONN-OSHA’s coverage could have kept volunteer firefighters safer.
In 2022, CONN-OSHA investigated a complaint that revealed that a volunteer firefighter entered a family dwelling alone and without respiratory protection or proper equipment. The firefighter attempted to put out a dryer fire with a garden hose. Unfortunately, the firefighter was overcome by smoke and was subsequently hospitalized. This fire department had not developed a written respiratory protection program, something with which CONN-OSHA could have assisted. Additionally, CONN-OSHA enforces a standard entitled the “two in/two out” rule. This standard requires at least two firefighters to remain in visual or voice contact at all times during interior structural firefighting activities. Implementation of this rule would have kept the safety of the volunteer firefighter first in mind and may have prevented his hospitalization altogether.
In 2024, CONN-OSHA investigated a complaint that confirmed that a volunteer firefighter was operating a table saw on wooden boards for an upcoming door breaching drill. The investigation further revealed that the saw was not properly fitted with the required blade guard, spreader bars, or anti-kickback fingers. A provision of CONN-OSHA standards requires users of such equipment about these same safety precautions. In this instance, the lack of knowledge resulted in the firefighter making contact with the running blade, causing the amputation of fingers.
In 2025, CONN-OSHA investigated a report received from police that four firefighters were riding in a utility task vehicle (UTV) at an active fire scene. The UTV flipped and rolled over causing major head and neck trauma to one volunteer firefighter, sadly resulting in his death. CONN-OSHA’s investigation found that the firefighters were not operating the vehicle in accordance with the equipment manufacturer’s operating instructions including, but not limited to, not wearing seatbelts, exceeding the maximum number of passengers, riding in the cargo bed of the vehicle, exceeding the total load capacity of the vehicle. The investigation also determined that the firefighters were not effectively trained on the equipment, and the operating manuals were not provided to all firefighters. Lastly, it was determined that the fire department did not provide and ensure the use of appropriate personal protective equipment (PPE). CONN-OSHA educates and makes other training recommendations on the appropriate use of UTVs to prevent misuse and ultimately the severe injury or death of first responders.
Unfortunately, these are just a few examples of the tragic accidents and fatalities that CONN-OSHA receives complaints about often, by volunteer fire fighters themselves. CTDOL and our CONN-OSHA team feel strongly that the safety and health regulations protecting career, uniform firefighters and ambulance employees should also serve as protection for CT’s volunteer companies. These first responders are often working together in the very same emergency situations, side-by-side providing mutual aid. We believe that it is important that all their equipment functions properly, that all their procedures are equally safe, and that they all go home safe and sound at the end of their shift. Therefore, we ask that you lend your support for HB 5276.
Thank you for the opportunity to provide you with this testimony. My team and I look forward to working with you on this important legislation throughout the session.
*This testimony was updated on 2/27/26 to include more detail on CONN-OSHA’s work with fire departments. The original language “CONN-OSHA trains others on the appropriate use of UTVs” was updated to specify that CONN-OSHA educates as well as makes other training recommendations on the appropriate use of UTVs.
