1. #1
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    Default 3 degrees of separation to get OSHA and rural depts. safety standards?

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    Last edited by fireflyer; 06-30-2003 at 06:24 PM.

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    Last edited by fireflyer; 07-01-2003 at 02:38 AM.

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    Unfortunately the OSH Act says OSHA does not have jurisdiction over public sector employers. Receiving federal funds doesn't change that. Some states adopt safety/health standards but as you know MI has not. Unless the MI legislature passes laws to protect public sector employees there will be no safety/health standards that apply.

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    Last edited by fireflyer; 06-30-2003 at 06:23 PM.

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    fireflyer:
    You sound as if you are under the impression that OSHA has no jurisdiction in Mississippi? Well, they do. It might not be directly, but if you have a state Dept. of Labor, for instance, they would recognize OSHA as the safety and health agency with jurisdiction.
    Examples where OSHA would get involved is: 1) a work related death of one of your firefighters 2) if three or more of your firefighters were admitted and hospitalized for a work related accident 3) an employee(firefighter) calls OSHA and describes an "imminent danger to life and health" 4) a violation of safety has been reported to them. Keep in mind that they could investigate you from an article or picture that they saw in the newspaper or on the 6 o'clock news (called a "media referral").
    The arm of OSHA is long. Very few are exempt. We are not.
    I hope this helps. Sadly, I work in the OSHA standards every day where my full time job is. If I can be of further assistance, please let me know.
    TC & SS.
    Visit www.iacoj.com
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    RIP HOF Robert J. Compton(ENG6511)

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    fireflyer, I may be wrong, but it seems like you want your state to follow along with Florida's current path. State recognized standards and such. Personally, I think that's a good idea. I also have no idea how you can get it going other than pushing senators, assemblymen, governor's etc. to make it happen. Try every Fire association you can find in the state. Who knows? I'm just throwing ideas out.
    "This thread is being closed as it is off-topic and not related to the fire industry." - Isn't that what the Off Duty forum was for?

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    Sorry Chief, but if Mississippi doesn't have a State OSHA program, FedOSHA is about as relevant as Canada's. They have just as much jurisdiction.

    State agencies, and those of political subdivisions, are not under OSHA's jurisdiction unless the State chooses to have it's own State OSHA system. Two of the requirements of a State OSHA Plan is that it must be at least as stringent as the Federal OSHA standards, and it must apply to public employees.

    Private employers is a different manner, and FedOSHA would have jurisdiction.

    Some states, like Florida as mentioned, do have their own state regulations that don't fall under OSHA, but carry out the same purpose.

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    Fireflyer
    I wish I had some idea what to advise. 40 CFR below may help a little

    40 CFR Chapter 1 Part 311
    311.1 Scope and application. The substantive provisions found at 29 CFR 1910.120 on and after March 6, 1990, and before March 6, 1990, found at 54 FR 9317 (March 6, 1989), apply to State and local government employees engaged in hazardous waste operations, as defined in 29 CFR 1910.120(a), in States that do not have a State plan approved under section 18 of the Occupational Safety and Health Act of 1970.

    311.2 Definition of employee. Employee in 311.1 is defined as a compensated or non-compensated worker who is controlled directly by a State or local government, as contrasted to an independent contractor.

    1910.120(a)(1)(v) Emergency response operations for releases of, or substantial threats of releases of, hazardous substances without regard to the location of the hazard.


    ChiefReason
    Respectfully, not all states are the same. Mississippi is not a state plan state and has not adopted any state/health standards. Basically no one has jurisdiction over public sector safety/health issues.
    OSHA Coverage of State and Local Government Workers can be found here:
    http://www.osha.gov/fso/osp/Public_Sector.html


    I wish it wasn't so but

    Be Safe

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