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HomeMy WebLinkAboutOrdinance 5025 ORDINANCE NO. 5025 AN ORDINANCE TO APPROVE THE FIREFIGHTER PHYSICAL EXAM PROCEDURE TO HELP ENSURE THE PHYSICAL HEALTH AND SAFETY OF FAYETTEVILLE FIREFIGHTERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Firefighter Physical Exam Procedure to help ensure the physical health and safety of Fayetteville firefighters. Y PASSED and APPROVED this 5 h day of June, 2007. FAYETTEVILLE APPROVED: ATTEST: V& RKANSP�J? ee By: By: adk� C C DAN COODY, Mayor SONZkA E. SMITH, City ClerkrFreasurer Subject: Firefighter Physical Examination Procedure Effective Date: June 6, 2007 Replaces and Supersedes: None, new document Automatic Review Date: June 1, 2010 Fire Chiefs Signature: � Mayor's Signature: Page: 1 of 2 A. Purpose In conjunction with our Annual Agility Test Program, Voluntary Fitness Assessments and the City of Fayetteville's Wellness Benefit, this procedure has been adopted. The department requires firefighter physicals to certify that those who are expected to do interior structural fire fighting are physically capable of performing the duties which may be assigned to them during emergencies. Employees with known heart disease, epilepsy, or emphysema, shall not participate in fire brigade emergency activities unless a physician's certificate of the employee's fitness to perform his/her essential job functions as an interior structural firefighter. B. Policy It is a policy of the City of Fayetteville Fire Department to provide physicals for its firefighters every other year for the purpose of medically certifying their ability to perform interior structural fire fighting. This policy is based on the minimum requirements of: 29 CFR 1910.156 Fire Brigades (b) (2). C. Procedure Every year, the department will provide physicals for half of the total number of uniform firefighters on active duty with the department from a certified occupational health clinic. The department will make every effort to have these examinations conducted while the firefighter is on duty. Firefighter Physical Examination Procedure Page 2 of 2 If the results from the examination prove negative for heart disease, epilepsy and emphysema, the firefighter will be certified to return to work. If the results from the examination prove positive for heart disease, epilepsy or emphysema, individually or collectively, the firefighter may not return to work until a practicing physician certifies the employee's fitness to perform his/her essential job functions as an interior structural firefighter. City of Fayetteville Staff Review Formol f 11 a 1 tt��llLLlli�.t City Council Agenda Items and J � ll;� ,1 � � yJ Contracts, Leases or Agreements 1� �G PR, 'I-e /% June 5, 2007 u / `Q City Council Meeting Date Agenda Items Only Tony Johnson Fire Fire Submitted By Division Department Action Required: Council approval of the Fire Dept procedures for firefighter physicals . $ 1000000 $ 19,700 00 Professional Services Cost of this request Category / Project Budget Program Category I Project Name 1010 3020 5314 00 $ 10, 500 00 Services and Charges Account Number Funds Used to Date Program I Project Category Name $ 9, 200 00 General Project Number Remaining Balance Fund Name Budgeted Item �X Budget Adjustment Attached i7 5v 2( - t;� 7 Previous Ordinance or Resolution # Department Directo Date r/ Original Contract Date Original Contract Number City Attorney Date Receive 5 ^ 23 -o ] Clerk's Finance and Internal Service Director Date Received in Mayor's Office Mayor Date Comments. The budget adjustment has already been processed for this item Revised April 16, 2007 City of Fayetteville Fire Department " 303 W . Center St. Fayetteville, AR. 72701 " Phone (479) 575-8365 Fax (479) 575-0471 Proiect Reauest To: Mayor Coody Fayetteville City Council From: Tony Johnson, Fire Chief T� Subject: Fire Department Procedure Approval Date: May 18, 2007 Recommendation I am recommending that you accept and approve the Firefighter Physical Examination Procedure which will allow for firefighter physicals to certify that those who are expected to do interior structural fire fighting are physically capable of performing the duties which may be assigned to them during emergencies. The procedure is based on the minimum requirements of occupational Safety and Health Administration's Fire Brigade Standard which is found in Title 29 of the Code of Federal Regulations (29 CFR 1910. 156 Fire Brigades (b) (2). Backaround In America, 45 percent of the firefighters that die on the job, or in the line of duty, die from coronary heart disease. The chances are increased 10 to 100 times during an emergency, or when firefighters are responding to or returning from an incident. This statistic is exceptionally high when compared against other occupations. Discussion This is being brought before the Council pursuant to Arkansas Code 14-51-302 and City of Fayetteville Policy and Procedure AD-01, The statute requires Council approval and the City's Policy and Procedure requires the Mayor to review and approve in writing all administrative policies and procedures. Both documents are attached and made a part of this request. Budaet Imaact The funding for this project will come from the fire department's annual operations budget and will cost approximately $10,500 per year. ORDINANCE NO. AN ORDINANCE TO APPROVE THE FIREFIGHTER PHYSICAL EXAM PROCEDURE TO HELP ENSURE THE PHYSICAL HEALTH AND SAFETY OF FAYETTEVILLE FIREFIGHTERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Firefighter Physical Exam Procedure to help ensure the physical health and safety of Fayetteville firefighters. PASSED and APPROVED this 5'h day of June, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer Subject: Firefighter Physical Examination Procedure Effective Date: June 6, 2007 Replaces and Supersedes: None, new document Automatic Review Date: June 1, 2010 Fire Chief's Signature: Mayor's Signature: Page: 1 of 2 A. Purpose In conjunction with our Annual Agility Test Program, Voluntary Fitness Assessments and the City of Fayetteville's Wellness Benefit, this procedure has been adopted. The department requires firefighter physicals to certify that those who are expected to do interior structural fire fighting are physically capable of performing the duties which may be assigned to them during emergencies. Employees with known heart disease, epilepsy, or emphysema, shall not participate in fire brigade emergency activities unless a physician's certificate of the employee's fitness to perform his/her essential job functions as an interior structural firefighter. B. Policy It is a policy of the City of Fayetteville Fire Department to provide physicals for its firefighters every other year for the purpose of medically certifying their ability to perform interior structural fire fighting. This policy is based on the minimum requirements of: 29 CFR 1910. 156 Fire Brigades (b) (2). C. Procedure Every year, the department will provide physicals for half of the total number of uniform firefighters on active duty with the department from a certified occupational health clinic. The department will make every effort to have these examinations conducted while the firefighter is on duty. Firefighter Physical Examination Procedure Page 2 of 2 If the results from the examination prove negative for heart disease, epilepsy and emphysema, the firefighter will be certified to return to work. If the results from the examination prove positive for heart disease, epilepsy or emphysema, individually or collectively, the firefighter may not return to work until a practicing physician certifies the employee's fitness to perform his/her essential job functions as an interior structural firefighter. City of Fayetteville Fire Department Firefighter/OSHA Physical Examination Form Firefighter was examined by me on; During the physical examination he/she was checked for the following conditions; 1) Heart Disease, 2) Epilepsy and 3) Emphysema. The results of the tests are as follows: * Heart Disease negative _ positive_ * Epilepsy negative_ positive- * Emphysema negative_ positive_ In my opinion, this firefighter is/ is not physically able to perform interior structural fire fighting functions pursuant to; 29 CFR 1910. 156 Fire Brigades, paragraph (b) (2). Physician's Printed Name Physician's Signature Date Firefighter's Printed Name Firefighters Signature Date ( Code of Federal Regulations ] [ Title 29 , Volume 5 ] [ Revised as of July 1 , 2006 ] From the U . S . Government Printing Office via GPO Access [ CITE : 29CFR1910 . 156 ] [ Page 494 - 497 ] TITLE 29 - -LABOR CHAPTER XVII --OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION , DEPARTMENT OF LABOR PART 1910 OCCUPATIONAL SAFETY AND HEALTH STANDARDS--Table of Contents Subpart L Fire Protection Sec . 1910 . 156 Fire brigades . ( a ) Scope and application- - ( 1 ) Scope . This section contains requirements for the organization , training, and personal protective equipment of fire brigades whenever they are established by an employer . ( 2 ) Application . The requirements of this section apply to fire brigades , industrial fire departments and private or contractual type fire departments . Personal protective equipment requirements apply only to members of fire brigades performing interior structural fire fighting . The requirements of this section do not apply to airport crash rescue or forest fire fighting operations . ( b ) Organization- - ( 1 ) Organizational statement . The employer shall prepare and maintain a statement or written policy which establishes the existence of a fire brigade ; the basic organizational structure ; the type , amount , and frequency of training to be provided to fire brigade members ; the expected number of members in the fire brigade ; and the functions that the fire brigade is to perform at the workplace . The organizational statement shall be available for inspection by the Assistant Secretary and by employees or their designated representatives . ( 2 ) Personnel . The employer shall assure that employees who are expected to do interior structural fire fighting are physically capable of performing duties which may be assigned to them during emergencies . The employer shall not permit employees with known heart disease , epilepsy, or emphysema , to participate in fire brigade emergency activities unless a physician ' s certificate of the employees ' fitness to participate in such activities is provided . For employees assigned to fire brigades before September 15 , 1980 , this paragraph is effective on September 15 , 1990 . For employees assigned to fire brigades on or after September 15 , 1980 , this paragraph is effective December 15 , 1980 . ( c ) Training and education . ( 1 ) The employer shall provide training and education for all fire brigade members commensurate with those duties and functions that fire brigade members are expected to perform . Such training and education shall be provided to fire brigade members before they perform fire brigade emergency activities . Fire brigade leaders and training instructors shall be provided with training and education which is more comprehensive than that provided to the general membership of the fire brigade . ( 2 ) The employer shall assure that training and education is conducted frequently enough to assure that each member of the fire brigade is able to perform the member ' s assigned duties and functions satisfactorily and in a safe manner so as not to endanger fire brigade members or other employees . All fire brigade members shall be provided with training at least annually . In addition , fire brigade members who are expected to perform interior structural fire fighting shall be provided with an education session or training at least quarterly . ( 3 ) The quality of the training and education program for fire brigade members shall be similar to those conducted by such fire training schools as the Maryland Fire and Rescue Institute ; Iowa Fire Service Extension ; West Virginia Fire Service Extension ; [ [ Page 995 ] ] Georgia Fire Academy , New York State Department , Fire Prevention and Control ; Louisiana State University Firemen Training Program , or Washington State ' s Fire Service Training Commission for Vocational Education . ( For example , for the oil refinery industry, with its unique hazards , the training and education program for those fire brigade members shall be similar to those conducted by Texas A s M University, Lamar University, Reno Fire School , or the Delaware State Fire School . ) ( 9 ) The employer shall inform fire brigade members about special hazards such as storage and use of flammable liquids and gases , toxic chemicals , radioactive sources , and water reactive substances , to which they may be exposed during fire and other emergencies . The fire brigade members shall also be advised of any changes that occur in relation to the special hazards . The employer shall develop and make available for inspection by fire brigade members , written procedures that describe the actions to be taken in situations involving the special hazards and shall include these in the training and education program . ( d ) Fire fighting equipment . The employer shall maintain and inspect , at least annually, fire fighting equipment to assure the safe operational condition of the equipment . Portable fire extinguishers and respirators shall be inspected at least monthly . Fire fighting equipment that is in damaged or unserviceable condition shall be removed from service and replaced . ( e ) Protective clothing . The following requirements apply to those employees who perform interior structural fire fighting . The requirements do not apply to employees who use fire extinguishers or standpipe systems to control or extinguish fires only in the incipient stage . ( 1 ) General . ( i ) The employer shall provide at no cost to the employee and assure the use of protective clothing which complies with the requirements of this paragraph . The employer shall assure that protective clothing ordered or purchased after July 1 , 1981 , meets the requirements contained in this paragraph . As the new equipment is provided, the employer shall assure that all fire brigade members wear the equipment when performing interior structural fire fighting . After July 1 , 1985 , the employer shall assure that all fire brigade members wear protective clothing meeting the requirements of this paragraph when performing interior structural fire fighting . ( ii ) The employer shall assure that protective clothing protects the head, body , and extremities , and consists of at least the following components : foot and leg protection ; hand protection ; body protection ; eye , face and head protection . ( 2 ) Foot and leg protection . ( i ) Foot and leg protection shall meet the requirements of paragraphs ( e ) ( 2 ) ( ii ) and ( e ) ( 2 ) ( iii ) of this section , and may be achieved by either of the following methods : ( A) Fully extended boots which provide protection for the legs ; or ( B ) Protective shoes or boots worn in combination with protective trousers that meet the requirements of paragraph ( e ) ( 3 ) of this section . ( ii ) Protective footwear shall meet the requirements of Sec . 1910 . 136 for Class 75 footwear . In addition , protective footwear shall be water-resistant for at least 5 inches ( 12 . 7 cm) above the bottom of the heel and shall be equipped with slip- resistant outer soles . ( iii ) Protective footwear shall be tested in accordance with paragraph ( 1 ) of appendix E , and shall provide protection against penetration of the midsole by a size 8D common nail when at least 300 pounds ( 1330 N ) of static force is applied to the nail . ( 3 ) Body protection . ( i ) Body protection shall be coordinated with foot and leg protection to ensure full body protection for the wearer . This shall be achieved by one of the following methods : (A) Wearing of a fire-resistive coat meeting the requirements of paragraph ( e ) ( 3 ) ( ii ) of this section in combination with fully extended boots meeting the requirements of paragraphs ( e ) ( 2 ) ( ii ) and ( e ) ( 2 ) ( iii ) of this section ; or ( B ) Wearing of a fire- resistive coat in combination with protective trousers both of which meet the requirements of paragraph ( e ) ( 3 ) ( ii ) of this section . ( ii ) The performance , construction , and testing of fire- resistive coats and [ ( Page 496 ] ] protective trousers shall be at least equivalent to the requirements of the National Fire Protection Association ( NFPA ) standard NFPA No . 1971 - 1975 , ' ' Protective Clothing for Structural Fire Fighting , ' ' which is incorporated by reference as specified in Sec . 1910 . 6 , ( See appendix D to subpart L ) with the following permissible variations from those requirements : ( A ) Tearing strength of the outer shell shall be a minimum of 8 pounds ( 35 . 6 N ) in any direction when tested in accordance with paragraph ( 2 ) of appendix E ; and ( B ) The outer shell may discolor but shall not separate or melt when placed in a forced air laboratory oven at a temperature of 500 [ deg ] F ( 260 [ deg] C ) for a period of five minutes . After cooling to ambient temperature and using the test method specified in paragraph ( 3 ) of appendix E , char length shall not exceed 4 . 0 inches ( 10 . 2 cm ) and after- flame shall not exceed 2 . 0 seconds . ( 4 ) Hand protection . ( i ) Hand protection shall consist of protective gloves or glove system which will provide protection against cut , puncture , and heat penetration . Gloves or glove system shall be tested in accordance with the test methods contained in the National Institute for Occupational Safety and Health ( NIOSH ) 1976 publication , " The Development of Criteria for Fire Fighter ' s Gloves ; Vol . II , Part II : Test Methods , ' ' which is incorporated by reference as specified in Sec . 1910 . 6 , ( See appendix D to subpart L ) and shall meet the following criteria for cut , puncture , and heat penetration : ( A) Materials used for gloves shall resist surface cut by a blade with an edge having a 60 [ deg ] included angle and a . 001 inch ( . 0025 cm . ) radius , under an applied force of 16 lbf ( 72N ) , and at a slicing velocity of greater or equal to 60 in /min ( 2 . 5 cm . / sec ) ;