OSHA Considering Exempting Volunteer Fire Departments from Proposed Emergency Response Standard
The Department of Labor’s Occupational Safety and Health Administration (OSHA) has responded to criticism of its proposed Emergency Response Standard and the negative impact it is likely to have on volunteer fire departments.
Following the terrorist attacks on September 11, 2024, government agencies were directed to strengthen their preparedness to respond to acts of terrorism, major disasters, and other emergencies. OSHA reviewed its standards that were applicable to the safe conduct of emergency response and disaster recovery activities and identified gaps in protections for emergency responders and disaster recovery workers. After submitting a Request for Information, OSHA published a Notice of Proposed Rulemaking on February 5, 2024, proposing several changes that were intended to improve safety and health.
The Emergency Response Standard is due to replace the Fire Brigades Standard and addresses a broader scope of emergency responders and seeks to better protect them from a variety of occupational hazards. Comments were accepted until May 6, 2023, with the deadline extended for commenting extended until July 23, 2024. OSHA received feedback from many stakeholders, including volunteer emergency responders, fire chiefs, trade organizations, and members of Congress who raised serious concerns about the economic feasibility of the proposed standard for volunteer fire departments. If finalized, volunteer fire departments would need to purchase new equipment, increase training, provide health services to firefighters, and produce new reports. Those measures would come at a considerable cost and could prove overly burdensome for volunteer fire departments.
U.S. Senators Chris Coons (D-DE) and Jerry Moran (R-KS) received feedback from volunteer fire departments and rural communities that their budgets are already strained and they lack the financial resources and personnel to comply with the new rule, which would render a significant amount of their existing equipment non-compliant. The senators, joined by Sens. John Boozman (R-AR), Susan Collins (R-ME), John Hoeven (R-ND), Angus King (I-MA), Thom Tillis (R-NC), John Barrasso (R-WY) and Tom Cotton (R-AR), called for Acting Secretary of the Department of Labor, Julie Su, to exempt volunteer fire departments from certain parts of the proposed rule.
Get The FREE
OSHA & HIPAA Checklist
Immediate Delivery of Checklist Link To Your Email Address
Please Enter Correct Email Address
Your Privacy Respected
HIPAA Journal Privacy Policy
OSHA has responded to the call from the Senators and direct feedback from stakeholders. “OSHA is committed to taking steps in any final standard, consistent with the rulemaking record, to assess and minimize detrimental effects on volunteer fire departments,” said OSHA. “If supported by the record, this may include excluding voluntary emergency response organizations entirely based on these feasibility concerns.”
OSHA explained that the impact of the rule on volunteer firefighters was considered and that based on the limited evidence available at the time, concluded that the proposed rule would be economically feasible for volunteer organizations. “The comments submitted to the rulemaking docket provide crucial information that the agency did not have earlier in the rulemaking process,” explained OSHA. “This new information will help the agency make the necessary determinations about whether the proposed standard is feasible for volunteer organizations.”
