JACKSONVILLE, Fla. – The problem of firefighters wearing beards in Jacksonville may end up in court.
Last week some firefighters were sent home and are now working desk duty because of their beards. The city said beards go against Occupational Safety and Health Administration regulations, because the whiskers interfere with oxygen masks, like the ones firefighters use when fighting fires.
A memo was sent to firefighters last week, letting them know that they must be clean-shaven and, if not, they will be placed on temporary limited duty.
Eight firefighters are now on desk duty as they take a "wait and see" approach. Some have shaved and might file a complaint letter if a medical condition known as razor bumps occurs.
That condition was why 30 firefighters were given dispensation under Mayor Alvin Brown's administration to have short beards. The painful condition happens when the shaved hair becomes ingrown. African-American men are more prone to razor bumps, but they also affect white men.
“The cure for that is just to grow your beard out, show and leave a shadow. Your mask can still seal properly,” said Ivan Mote, who recently retired as the department's chief of rescue.
The memo was sent to all firefighters, but members of the Brotherhood of Firefighters, a black firefighters association, said the change really just affects them because of the medical waivers.
“All of these firefighters were fit for duty this time last week,” Mote said. “All of a sudden, the memo comes out, and they are no longer fit for duty. So what you have is about a dozen firefighters who will be on administrative duty for able-bodied firefighters who could go to work but are forced to take sick leave, who are not sick. Actually, the condition that makes them sick is to shave.”
A group of firefighters met with the fire chief this week about the dispute. Members of the Brotherhood of Firefighters said the chief laid out reasons why they are now cracking down on beards, even though the previous administration had given them waivers.
News4Jax has learned that union representatives are going to talk with their attorney about the dispute.
District Chief Terrence Jones, who was granted a waiver last April, was told this week that he can’t fight fires while he has his beard. He said he was informed not to show up to work, and that when he does return, he’ll be placed on desk duty.
Jones said he has filed a grievance with the Equal Employment Opportunity Office, and it appears other firefighters plan to do the same. The city said it has not yet received any complaints.
"This is unfair for them to treat us this way, because all of us are physically fit," Jones said. "To make people use sick time and you're not sick, that is fraud. So they're making us to be sick. Do I look sick? There's nothing about me sick. I'm physically fit. I can do my job and perform my abilities."
State rules require firefighters to have a clean-shaven face when they have to wear an oxygen mask. The rule falls in line with regulations from OSHA on wearing respirators.
The federal rule says employers must not allow employees with “facial hair that comes between the sealing surface of the face piece and the face or that interferes with valve function” to wear oxygen masks, which firefighters use when fighting fires.
But Jones said forcing the firefighters to shave and risk razor bumps could cause more issues with using the masks.
"When it bumps up (against the razor bumps), it's going to get red. It's going to get irritated. It's going to get (infected)," Jones said. "It's going to look unsightly and ugly and be bleeding, and I'll get a face piece that's already filthy and dirty and put it on my face, it's going to get a direct infection."
The fire chief said this is a human resources issue, and the mayor's office would have to address it. The mayor's office said the waivers violated OSHA regulations, and the administration has been working on the changes for several months.
Randy Wyse, the head of the fire union, said it's something his group is looking into as well.
“We want to sit down with them and find out what they're basing this decision on,” Wyse said. “We'll have our attorney look at it to make sure they are staying within the law.”
Wyse met with the fire chief briefly last week about the issue, but Fire Chief Kurt Wilson said he couldn't comment on the city's position.
Wyse said at first glance, the policy makes sense, because it complies with OSHA regulations, but it's difficult to tell firefighters who pass the fit test, meaning their masks fit properly, that they can't work.
With eight firefighters off the streets because of their beards, News4Jax has been asking the city how much it will cost to replace them. Officials said there are no overtime costs, so far, because the firefighters were placed on desk duty.