OSHA faults Forest Service for Thirty Mile fire deaths

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A second federal investigation into the death of four wildland firefighters last July in north-central Washington has blasted the U.S. Forest Service for its job-safety practices.

The report by the Occupational Health and Safety Administration (OSHA) identified violations during the Thirty Mile fire, including two "willful" violations, the most serious handed out by OSHA short of shutting down a practice or operation, a spokesman said.

Safety standards If firefighters follow the 10 Standard Fire Orders and are alert to the 18 "Watch-outs," much of the risk of firefighting can be reduced, according to federal firefighting agencies. Most of those standards were disregarded by the Forest Service in the Thirty Mile fire, according to the federal Occupational Safety and Health Administration (OSHA). 'Standard Fire Orders' All 10 were violated in the Thirty Mile fire, according to OSHA: 1. Fight fire aggressively but provide for safety first. 2. Initiate all action based on current and expected fire behavior. 3. Recognize current weather conditions and obtain forecasts. 4. Ensure that instructions are given and understood. 5. Obtain current information on fire status. 6. Remain in communication with crewmembers, your supervisor and adjoining forces. 7. Determine safety zones and escape routes. 8. Establish lookouts in potentially hazardous situations. 9. Retain control at all times. 10. Stay alert, keep calm, think clearly and act decisively. 'Watch-out Situations' Watch-outs marked with asterisks* were violated in the Thirty Mile fire, according to OSHA: 1. Fire not scouted and sized up. 2. In country not seen in daylight. *3. Safety zones and escape routes not identified. *4. Unfamiliar with weather and local factors influencing fire behavior. *5. Uninformed on strategy, tactics and hazards. *6. Instructions and assignments not clear. 7. No communication link between crewmembers and supervisors. * 8. Constructing line without safe anchor point. 9. Building line downhill with fire below. *10. Attempting frontal assault on fire. *11. Unburned fuel between you and the fire. *12. Cannot see main fire; not in contact with anyone who can. 13. On a hillside where rolling material can ignite fuel below. 14. Weather gets hotter, drier. 15. Wind increases and/or changes direction. *16. Getting frequent spot fires across line. *17. Terrain or fuels make escape to safety zones difficult. 18. Feel like taking a nap near fire line. Sources: National Fire Information Center, OSHA

The Forest Service was cited by OSHA after the 1994 Storm King fire that killed 14 firefighters in Colorado. After that fire, the forest agency pledged to fix safety problems that caused the tragedy but let similar mistakes happen again, said Richard Terrill, OSHA regional administrator in Seattle.

"Willful" violations show "intentional disregard of, or plain indifference to" federal workplace-safety regulations, according to OSHA.

The report, released yesterday, also cited three "serious" violations, in which there is "substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard."

Many of the findings were similar to those of a federal interagency investigation last fall.

The deaths occurred July 10 after 14 firefighters became trapped as they fought an exploding wildfire in the narrow Chewuch River Valley of the Okanogan National Forest, 30 miles north of Winthrop, Okanogan County. They deployed their fire shelters, but in the subsequent burnover, four firefighters were asphyxiated when they inhaled superheated gases. Burnover is the term used by fire officials when a fire sweeps over firefighters.

OSHA, part of the U.S. Department of Labor, cannot fine another government agency such as the Forest Service. "To the extent that we can, we're going to stay with this and follow up on it and make sure they do what they say they're going to do," Terrill said.

Forest Service officials in Washington, D.C., could not be reached for comment. In a statement, Forest Service chief Dale Bosworth said the agency had completed 11 of 31 items on a safety "action list" drawn up last fall. Bosworth said most changes would be in place before this year's fire season in the West.

An administrative investigation continues into the conduct and performance of employees managing the Thirty Mile fire, he said. "Those who need to be held accountable will be, and any disciplinary action will be appropriate," Bosworth said.

Among the violations cited in the OSHA report, work-rest cycles developed by the Forest Service were not followed. One leader had gone nearly 50 hours without sleep. In addition, no clear commander was assigned to the fire. OSHA also noted that Forest Service managers and supervisors are not evaluated on safety and health in their job performance, despite such a requirement for managers in all other federal agencies.

Among the mistakes the Forest Service repeated, according to the report, were that managers did not check in on the fire and firefighters did not heed many of the signs that trouble was coming. Ten of 18 "Watch-out Situations" — conditions firefighters are to be alert to — were ignored or unnoticed. The report also found the agency violated all 10 "Standard Fire Orders," designed to keep firefighters out of trouble.

Ken Weaver, whose son Devin died in the fire, was skeptical the OSHA report would prevent accidents.

"I still believe, with all of these action plans and all that they've done, we're getting absolutely nothing done until there is accountability on the fire line — until the people who are sending these kids down dead-end roads in front of a crown (treetop) fire are held accountable."

Weaver said the Forest Service needs to have a few roaming inspectors who show up unannounced at fires and check to ensure that safety measures are being followed. The inspectors would have the power to issue warnings and even yank people off a fire if they are endangering themselves or others.

Reaction to his idea, Weaver said, has been cool. "They say, 'Yeah, that would be wonderful, but I don't think we can do it.' "

Other relatives of the deceased firefighters said they have been stymied in other efforts to effect change.

"We can take no legal action against the federal government," said Jodie Gray, mother of firefighter Jessica Johnson.

Chris Solomon can be reached at 206-515-5646 or csolomon@seattletimes.com.