02/27/2024
February 27, 2024 Labor and Public Employees Committee, HB 5264
Public Hearing Testimony of
Danté Bartolomeo
Commissioner
Department of Labor
Labor and Public Employees Committee
February 27, 2024
Good Morning 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. 5264 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 5264 seeks to clarify CONN-OSHA’s jurisdiction over 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. Generally, 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.
In the past eight years, there have been approximately 37 complaints/referrals regarding volunteer fire departments filed with CONN-OSHA. Of those, 29 were inspected and 69 violations issued. While most complaints were made to prevent harm from happening, some were due to injuries (burns, smoke inhalation, carbon monoxide poisoning, etc.). Additional complaints were not inspected because CONN-OSHA’s authority was questioned and resisted.
CTDOL and our CONN-OSHA team feel strongly that the safety and health regulations protecting career, uniform fire fighters and ambulance employees should also serve as protections for CT’s volunteer companies. These first responders are often working together at the very same emergency situations, side-by-side providing mutual aide. We believe that it is important that all of their equipment is properly functioning, that all of 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 5264.
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.
Connecticut Department of Labor • www.ct.gov/dol
An Equal Opportunity/Affirmative Action Employer