Vicksburg Daily News –
VICKSBURG, MS – 17-year firefighter Captain Demetrius “Lucky” Claiborne is facing termination from the Vicksburg Fire Department for facial stubble.
Today, at City Hall, Claiborne and a group of his fellow firefighters, current and past, marched on City Hall to protest the effort by the City of Vicksburg and the Fire Chief to terminate the 17-year veteran. “I’m being targeted,” Claiborne told the Vicksburg Daily News in a live report.
Another firefighter, who asked to remain anonymous for fear of retaliation, stated other people in the department have facial hair and stubble.
The Other Side of the Story
Chief Stamps, who sports a neatly trimmed circle of hair around his mouth, pointed out the issue and the applicable standards. Facial hair, even neatly trimmed stubble, can cause the respirators to not seal properly. This creates a danger for the firefighter, who may inhale smoke or toxic substances while fighting a fire. The degree of the risk is unclear, but OSHA standards say there should be no stubble.
OSHA standards Title 29 CFR 1910.134 states, in part:
“The employer shall not permit respirators with tight-fitting face-pieces to be worn by employees who have: (A) Facial hair that comes between the sealing surface of the face-piece and the face or that interferes with valve function; or (B) Any condition that interferes with the face-to face-piece seal or valve function.”
Claiborne says his skin type is highly agitated by daily shaving and claims he has a doctor’s note saying the same. Over most of his career with the VFD, he sported stubble. The question has come up before, and the last city attorney agreed with Claiborne that his facial stubble would not be a risk, according to Claiborne. However, the new city attorney, Lee Thames, has taken the opposite position and is supporting Stamps’ position, says Claiborne.
The Hearing
That change in the city’s position set up the series of events that has led to today’s hearing. At the hearing, Claiborne stood alone against Mayor George Flaggs, Alderman Alex Monsour, Alderman Michael Mayfield, Attorney Thames, Chief Stamps, Chief Jones, Chief Hill, and an entire host of city appointees. Claiborne stood in a what could be perceived as a deliberately intimidating setting, denied the chance to have a witness by his side during the hearing.
Attorney Thames later clarified that Claiborne could have spent money on an attorney to stand with him against the whole city administration. The city attorney first said no when asked if Claiborne could have a friend stand with him. Eventually, Thames admitted he did not know if Claiborne was allowed to have a second.
The hearing lasted about 10 minutes. Claiborne and Stamps could be seen speaking emotionally to the board. When it was over, an emotional Captain Claiborne was visibly angry, stating his suspension pending termination was taken under advisement by the board.
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