Wildfire Today

Bill passes in House to establish list of presumptive illnesses for federal firefighters

Bill GabbertMay 11, 2022May 11, 2022Uncategorizedfirefighter health, injury, legislation, presumptive disease20 Comments

Creates the presumption that federal firefighters who become disabled by certain serious diseases contracted them on the job

Firefighter Cerro Pelado Fire in Arizona — Firefighter on the Cerro Pelado Fire in New Mexico, May, 2022. IMT photo.

Today the House of Representatives voted 288-131 to approve and advance the Federal Firefighters Fairness Act, H.R. 2499, a bipartisan measure authored by Rep. Salud Carbajal (D-CA) that ensures federal firefighters receive the same access to job-related disability and retirement benefits as state, county, and municipal firefighters.

The legislation would create the presumption that firefighters who become disabled by certain serious diseases contracted them on the job, including heart disease, lung disease, certain cancers, and other infectious diseases.

Federal firefighters do not have signed legislation establishing the presumption that local firefighters have in 49 out of 50 U.S. states– and are forced to identify specific exposures that may have caused their illness. This burden of proof makes it extraordinarily difficult for federal firefighters to qualify for workers comp and disability benefits related to their work.

The measure would improve benefits for more than 20,000 federal firefighters across the U.S., with about 16,000 of them being wildland firefighters. It would apply to “personnel who have been employed for a minimum of 5 years in aggregate as an employee in fire protection activities.”

The diseases covered under the legislation, if passed by the Senate and signed by the President, are:

Bladder cancer, brain cancer, chronic obstructive pulmonary disease, colorectal cancer, esophageal cancer, kidney cancer, leukemias, lung cancer, mesothelioma, multiple myeloma, Non-Hodgkin lymphoma, prostate cancer, skin cancer (melanoma), testicular cancer, thyroid cancer, and a sudden cardiac event or stroke while, or not later than 24 hours after engaging in certain fire-related activities described in the bill.

It was just three weeks ago, on April 19, when the Office of Workers’ Compensation Programs (OWCP), in FECA Bulletin No. 22-07, established a list of cancers and medical conditions for which the firefighter does not have to submit proof that their disease was caused by an on the job injury.

The medical conditions covered under the OWCP bulletin as of last month are:

Cancers: esophageal, colorectal, prostate, testicular, kidney, bladder, brain, lung, buccal cavity/pharynx, larynx, thyroid, multiple myeloma, nonHodgkin’s lymphoma, leukemia, mesothelioma, or melanoma; or
Hypertension, coronary artery disease, chronic obstructive pulmonary disease, pulmonary fibrosis, asthma, or a sudden cardiac event or stroke.

The OWCP list includes six conditions that are not in H.R. 2499: buccal cavity/pharynx cancer, larynx cancer, hypertension, coronary artery disease, pulmonary fibrosis, and asthma.

H.R. 2499 covers one disease not in the OWCP list, skin cancer, an important addition, especially for wildland firefighters whose work requires being outside most of the time. The bill includes a method for adding other diseases within a three-year period, including breast cancer, if supported by scientific evidence.

The pending legislation had 203 co-sponsors in the House, an extraordinarily large number of representatives who stated early-on that they were in favor of the bill and wanted to help get it passed.

The next step is the Senate, a place where many bills go to die. Senators Tom Carper (D-DE) and Susan Collins (R-ME) are the lead sponsors of a bipartisan companion bill there. It has 12 co-sponsors, only two of which are Republicans. With a 50-50 Dem/Rep balance and a requirement for 60 of the 100 Senators to vote yes, the passage is not a foregone conclusion, in spite of overwhelming approval in the House.

“We know fire fighters are routinely exposed to carcinogens on fire scenes. Sadly, our brothers and sisters in federal service are too often denied the benefits they deserve when needed the most,” said International Association of Fire Fighters (IAFF) General President Edward Kelly. “The Federal Firefighter Fairness Act brings the federal government in line with the 49 states that recognize the deadly link between firefighting and cancer.”

Dozens of lawmakers sign letter supporting an increase in pay for federal firefighters

Bill GabbertMay 11, 2022May 14, 2022Uncategorizedpay, retention, UTF29 Comments

In 2021 40% of the requests for hand crews and 29% of the requests for engines were unfilled

The U.S. Capitol building. Photo by Bill Gabbert.

A letter signed by a bipartisan group of 28 lawmakers urged that steps be taken to avert critical staffing shortages in the wildland firefighting workforce. The document was sent May 10 to the Director of the Office of Personnel Management (OPM) and the Secretaries of the Departments of Agriculture and the Interior.

It noted that years of low pay and other issues “have hollowed out the federal wildland firefighting workforce.” Last year 1,858 (40 percent) of the orders for hand crews were unfilled, and 1,853 (29 percent) of orders for engines were unfilled. In addition, the number of cancelled orders were 32 percent of crew orders and 22 percent of engine orders. There can be multiple reasons why orders are cancelled, but they can include the order sat unfilled and the requesting unit gave up, or finally the need no longer existed. The number of orders actually filled in 2021 were 27 percent for crews and 49 percent for engines.

“In one state, the U.S. Forest Service had 60 engines idle because of low staffing in the midst of the largest fire in state history,” the lawmakers wrote. “Such shortages exist throughout the West heading into the 2022 fire season, with officials estimating staffing will be below 75% in some regions. This is an urgent threat to natural resources, public safety, and taxpayer dollars, as the Federal Government pays a premium to contract and borrow firefighting resources from state and local authorities when federal resources are unavailable. ”

The lawmakers urged the OPM to use their authority for establishing special pay rates when staffing problems are caused by significantly higher non-Federal pay rates, remoteness of the location involved, or the undesirability of the working conditions.

One of the provisions in the Infrastructure Investment and Jobs Act passed last year required the two Departments and the OPM to establish a new “wildland firefighter” occupational series. The lawmakers warned yesterday that “a new series that maintains the status quo could lead to a surge in resignations just as fire season begins.”

The letter linked the lack of “portal-to-portal” pay with recruitment and retention difficulties:

“Many state and local firefighters are paid on a “portal-to-portal” basis, meaning 24 hours a day, from the time they are assigned to a wildland fire until the time they return, and are reimbursed on that basis by the federal government. Insisting on scheduling and paying federal wildland firefighters in the same manner as other federal employees, rather than other wildland firefighters, is one way in which arbitrary policies are driving recruitment and retention problems.”

“The Administration must stop attrition and commit to rebuilding the ranks of our firefighting service,” the letter from the 28 Senators and Representatives said. “This starts with increases in pay and benefits. The situation is urgent, and we stand ready to work with you to ensure our federal wildland firefighters are fully supported and compensated.”

In a wildfire burning embers transported downwind are what cause most structures to burn

Bill GabbertMay 10, 2022Uncategorizedember attack, FireWise, home ignition zone, home safety, Jack Cohen12 Comments

Sheltering from the Creek Fire at the Mammoth Pool Reservoir — Sheltering from burning embers and the Creek Fire at the Mammoth Pool Reservoir Boat Launch, Sept. 5, 2020. Photo by Cameron Colombero, via Mike Ikahihifo.

Most structures that burn in a wildfire are not ignited by direct flame impingement, but by burning embers that are lofted and carried downwind ahead of the fire. At Wildfire Today we first covered the role of embers in igniting structures in 2010, a concept brought into the public consciousness by Jack Cohen, a researcher at the Missoula Fire Science Lab. To reduce the chances of a home burning in a wildfire, the most bang for the buck is to concentrate on the Home Ignition Zone. The flammable material near the structure needs to be modified, reduced, or eliminated to the point where multiple burning embers landing in the zone will not propagate the fire and spread to the structure.

The video below produced by the New Jersey Forest Fire Service elaborates on this concept. It is queued up to 1:42 where the issue is addressed.

More information is in our articles tagged “Home Ignition Zone.”

Firefighters in Northern New Mexico battling winds and large fires

Bill GabbertMay 10, 2022May 11, 2022WildfireCalf Canyon Fire, Hermits Peak Fire, New Mexico6 Comments

Updated 11:55 a.m. MDT May 11, 2022

Lone Peak Hotshots Cerro Pelado Fire — Lone Peak Hotshots conduct a burning operation on the Cerro Pelado Fire in Northern New Mexico, May 10, 2022. Inciweb.

Calf Canyon / Hermits Peak Fire

The Calf Canyon / Hermits Peak Fire made large runs on the north side Tuesday. The area that spotted over Highway 518 a couple of days ago east of Holman spread six miles farther north. Another slopover occurred Tuesday northwest of Holman and ran four miles to the north. When the fire was mapped at 11 p.m. Tuesday the fire had not spread east of the 434 road.

On the south end east of Barillas peak, an area that has been very active recently, it moved another two miles to the south.

Tuesday afternoon I briefly checked an aircraft tracking website and quite a few aircraft working the fire, thanks to a decrease in wind speeds and turbulence. At that time there were two large air tankers (MD-87s), one very large air tanker (DC-10), four scooping air tankers, at least two helicopters, as well as a lead plane and an air attack.

The blaze has now burned 236,939 acres, an increase of about 33,000 acres in 24 hours, and is now 13 miles southwest of the Cooks Peak Fire.

Cerro Pelado Fire

The map produced by an aircraft Tuesday night found incremental differences in the fire perimeter, but no large additional runs. Most of the changes were due to firefighters conducting tactical burning operations to tie in the fire’s edge to roads or other firelines.

The fire has burned 42,491 acres.

8:08 a.m. MDT May 10, 2022

Map Calf Cyn & Hermits Peak Fire 1050 pm May 9, 2022 — Map of the Calf Canyon Hermits Peak Fire. The red line was the perimeter at 10:24 p.m. MDT May 9, 2022. The white line was the perimeter about 24 hours before. The orange areas represent intense heat when the fire was mapped.

The Calf Canyon / Hermits Peak Fire near Los Vegas, NM grew substantially in two areas Monday and had burned a total of 203,920 acres by evening. On the north side, the spot fire east of Highway 581 that was 200 acres Sunday night spread east for more than 5 miles and burned about 8,000 acres by Monday night. When the fire was mapped at 10:24 p.m. Monday firefighters were holding it at the 434 road.

On the southwest side 9 miles west of Las Vegas near the A18A road the blaze spread for another mile and a half to the south. Operations Section Chief Todd Abel said Monday evening that the fire in that area was still within contingency firelines that have been constructed further south. Hand crews and engines are in the area improving lines and protecting structures.

To see all articles on Wildfire Today about the Calf Canyon / Hermits Peak Fire, including the most recent, click here.

On Monday there were scattered areas on the west side of the fire that were very active late in the afternoon.

The very strong wind prevented air tankers from working Monday, but Mr. Abel was gratified that a small Air Attack plane was able to find an altitude without too much turbulence and was able to reconnoiter and provide information to personnel on the ground. At one point we saw on an aircraft tracking site that the aircraft was orbiting at 20,000 feet, much higher than their usual operating altitude.

The Cerro Pelado Fire 7 miles southwest of Los Alamos was active Monday on the northeast and southeast sides. It was mapped Monday night at 42,491 acres, an increase of about 1,500 acres, and still had not crossed Highway 4.

Map Cerro Pelado Fire 1024 p.m. MDT May 9, 2022 — Map of the Cerro Pelado Fire. The red line was the perimeter at 10:24 p.m. MDT May 9, 2022. The white line was the perimeter about 24 hours before. The orange areas represent intense heat when the fire was mapped.

Nearly all of New Mexico is under a Red Flag Warning Tuesday due to strong winds and low humidity.

Two firefighters injured in Oklahoma engine rollover, one died a month later

Bill GabbertMay 9, 2022May 9, 2022Wildfireinjury, Oklahoma, rollover3 Comments

Rollover of Balko FD Engine 5, Oklahoma — Rollover of Balko FD Engine 5 — Oklahoma, April 6, 2022. Photo courtesy of OK Forestry Services.

Updated at 8:30 p.m. CDT May 9, 2022

Just a few hours after we saw the notice from the Wildland Fire Lessons Learned Center and wrote the piece below about the rollover of an engine in Oklahoma on April 5, Mark informed us that one of the two injured firefighters, Jason Smith, passed away yesterday from his injuries.

Below is an excerpt from a Facebook post by Western Oklahoma Fire Coverage on May 8:

In memory of fallen Firefighter Jason Smith with the Balko Fire department. Just 33 days ago, while fighting the Beaver River Fire in Beaver County, two Balko firefighters were injured when their truck rolled over off of a 6’ embankment. They were flown to Lubbock, TX to the burn unit to receive treatment. Jason was finally able to come home at the end of last month, but today he lost the battle and succumbed to his injuries. Jason leaves behind his wife, 2 daughters and a 3 1/2 month old grandson Emmett that he was very proud of.

We send our sincere condolences to the family, friends, and co-workers of Mr. Smith.

5:08 p.m. CDT May 9, 2022

Two firefighters were injured and later burned in a fire engine rollover in Oklahoma. It happened in the state’s panhandle April 5 on the Beaver River Fire during the initial attack on a vegetation fire 11 miles west of Beaver. (This information was contained in a “24-hour report” about the incident which was distributed by the Wildland Fire Lessons Learned Center.)

Balko Volunteer Fire Department Engine 5 with two occupants veered slightly off the road onto a gravel shoulder that collapsed. As a result, the engine slid off an embankment approximately six feet in depth and rolled over on its top. Subsequently, an active area of the fire switched directions as it was impacted by strong variable winds. Prior to the fire arriving at the accident scene both occupants were able to self-extricate. However, they sustained 1st and 2nd degree burns to their arms and hands as the fire burned past. In addition, one victim possibly suffered a concussion during the vehicle rollover.

Both firefighters were evacuated from the incident by law enforcement and later flown by air ambulance to a burn center in Lubbock, Texas. Initially the victims were listed in critical condition. When the 24-hour report was issued the next day on April 6, 2022 they were conscious and in ‘Yellow’ status at the burn center.

Opinion: Rebuttal to Forest Service Deputy Chief’s statement

BillMay 9, 2022Uncategorizedhiring, opinion, pay, retention64 Comments

(Editor’s note: this was written by a person who asked to remain anonymous.)

After reading the press release from Jaelith Hall-Rivera, I felt a need to reply. And I want to thank Wildfire Today for running my opinion here.

Jaelith Hall-Rivera is the Deputy Chief of State and Private Forestry, and her boss is the Chief of the US Forest Service, Randy Moore. Jaelith’s department is Fire and Aviation Management, which houses the wildfire programs that firefighters work. There is no excuse for her testimony to differ from her bosses testimony, yet that is exactly what happened. It’s almost as if Jaelith’s press release came out before Chief Moore testified the previous day in front of the Senate Appropriations Committee. While Jaelith assured California representatives that they were on pace to have full staffing in California, just 30 days later Chief Moore testified that California, Oregon and Washington may be 50% staffed, something Oregon Senator Jeff Merkley called, “a scary situation.”

Multiple articles have been published since Jaelith’s testimony on April 5^th, pointing out that she falsely painted a rosy picture to legislators when the situation was dire. Read excellent articles about the testimony from NBC News, Thomson Reuters and BuzzFeed, and listen to the audio of an NPR interview with the BuzzFeed reporter.

Watch all the testimonies from April 5^th, to April 27^th, to May 4^th and see how they change.

Jaelith testified on April 5^th that their goal for staffing was 11,300 wildland firefighters, stating “and that is an increase.” But looking at a memo from Jaelith last fall, she claims that the USFS provided bonuses to 11,300 wildland firefighters (GS3-9 only) last year. So even if they are at 90% of that now, then that represents a 10% LOSS at minimum. Something is wrong here: either Jaelith lied about the numbers, or the USFS sent bonuses to a lot of people last year that should not have received them. Either way, it doesn’t instill confidence in the Forest Service Management.

There is a lie somewhere, and the misrepresentation to Representative Porter is infuriating for a workforce. Claiming we are on pace to be fully staffed when the spring fire hire event had not even started is misrepresenting the truth, at best. Especially when the same Fire Hire event in 2021 only netted an additional 56 hires. Why would this year be any different when the work environment and pay have continued to devolve?

Finally, Randy Moore decided to do some damage control and admit that although they were at 90% nationally, in some areas such as California, Oregon and Washington, staffing was as low as 50%. Again, that’s a shocking statement, but the numbers still don’t add up.

California makes up about 50% of the USFS firefighting workforce, so if they are near 50%, as well as Oregon and Washington, then how can we realistically be above 60-75% staffing nationally? This is 4^th grade math: averages.

As a workforce, we simply want truth and transparency. That’s really the minimum. There can’t be that many FMOs in the USFS. Tell each of them to spend 30 minutes entering in the data from their district so we know exactly what positions are vacant. And make this database public and searchable. This database would take a GS6 a day or two to complete, and another 30-60 minutes for each FMO to fill out. Until this project is completed, we can assume the USFS either has no idea what their staffing level is, or they are lying about it.

I want to offer solutions whenever I offer criticism, so here are a few more:

1. Explain very clearly what the holdup is with the funded infrastructure pay raises, and what your plan is for payments including backpay as stated by law.

2. Explain your goal for what a career ladder looks like, even if it doesn’t become reality. Will we be able to have a living wage? Or should we get out now?

3. Start showing some receipts. Show you care. Why are NFFE and Grassroots Wildland Firefighters lobbying the Secretary of Labor instead of our own agency? Why are senators asking for OWCP reforms instead of our own agency? My friend was seriously injured and the USFS told him to call a charity. Is that acceptable to those in the Washington Office?

4. Rebuild the credibility of the USFS Washington Office by including an average employee (GS5-7) on all planning and workforce related meetings. Allow them to represent the workforce, and to the workforce. This would be a detail assignment

5. Explain exactly how we can increase not only our female participation in the workforce (6% of Fire workforce), but other minorities as well as LGBTQ individuals and what actionable items are happening now to make that happen.

6. Credibility only comes with transparency. Our workforce has never been more united and connected through shared struggle and technology. We have more knowledge of the situation than our predecessors and can see through the misinformation and deceit. We will not sit by idly or submit to threats from the DC office. Accountability, authenticity and transparency are not optional anymore.

I understand that the USFS did not ask for these new reforms in classification and pay, but they are here now, and our workforce needs them. But not just firefighters, the whole USFS workforce needs to be brought into the modern federal workforce that exists seemingly in every other agency.

I am optimistic that better times are ahead, but our leadership needs to show their hand a bit more, and offer some hope and motivation for those of us that are putting our physical and mental health on the line every single day for our employer and our country.

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