YOUNGSTOWN — A state agency issued four health and safety hazard violations against the city related to failing to protect firefighters from the COVID-19 pandemic.

The city was given 30 days to correct the violations or be fined by the Ohio Bureau of Workers’ Compensation’s Public Employee Risk Reduction Program.

“The city is currently in the process of responding to each of these allegations and is working with the BWC to ensure that the city is fully compliant with any health or safety standards,” Law Director Jeff Limbian said Wednesday.

Charlie Smith, president of the firefighters union, said that since February, the union “has made multiple attempts to work with (fire) Chief Barry Finley to protect our firefighters from exposure to COVID-19. His continued lack of interest in complying with industry standards for personal

protective equipment and respiratory protection left us no choice but to file a complaint with the state’s Public Employee Risk Reduction Program.”

The state risk reduction program, which is responsible for Occupational Safety and Health Administration enforcement for public employees, issued four violations to the city “proving that to this point we have been forced to operate in a manner that afforded us little protection,” Smith said.

“The violations cite that there are no standard operating procedures in place for COVID-19 emergencies, inadequate PPE training was provided, required fit testing for N95 masks was never performed, and there is no respiratory protection program in place,” he added. “The safety of our firefighters and citizens remains (the union’s) highest priority and we will continue to exhaust all available resources to provide it.”

Limbian declined to discuss the specific violations. But he said Finley “has been diligent throughout the COVID-19 pandemic to ensure the safety of his firefighters and has worked to provide a safe and effective workplace during the worldwide pandemic.”

Limbian said Finley provided a handbook on March 19 to all firefighters on personal protective equipment and an updated standard operating guidance for firefighter responses to COVID-19. Also, the chief ordered mandatory training in June addressing airborne and blood borne pathogens, Limbian said.

It wasn’t until after the union complained that N95 masks were distributed, Smith said, and “despite our offer to train our members on when and how to use the PPE effectively, the only training that was ever provided was a slide show the fire chief emailed the department.”

Limbian said the N95 masks were distributed as soon as they became available.

Five firefighters contracted COVID-19 between March 25 and May 1, Finley has said. Another firefighter currently has the virus, Smith said.

The fire union has had longstanding issues with Finley and the administration.

The city started closing stations last month on a rotating basis to stop additions to the fire department’s overtime budget, which exceeded its yearly amount in the first five months of the year.

Because of overtime issues in 2018, the city closed fire stations on a rotating basis for about three months, then took a firetruck out of service and demoted three captains and three lieutenants to save money.

The union issued a no-confidence vote against Finley in December 2019 after saying it was concerned with his leadership style. The city also closed Fire Station No. 7 on Madison Avenue on the North Side that month over the objection of the union.

The State Employment Relations Board ruled in June said that the city violated the union’s collective bargaining rights and retaliated against its members when it sought to eliminate three battalion fire chief positions. The city has asked a judge to overturn SERB’s ruling.

dskolnick@tribtoday.com