The Occupational Safety and Health Administration (OSHA) has addressed growing concerns regarding its proposal on the Emergency Response Standard and the potential challenges it could present for volunteer fire departments.
Because of terrorist incidents, major disasters, and other emergencies, government agencies were told to enhance their disaster and emergency readiness. As part of this initiative, OSHA reviewed its emergency response and disaster recovery operations criteria, identifying areas where emergency responders and recovery workers lacked adequate protection. After gathering feedback through a Request for Information, OSHA released a Notice of Proposed Rulemaking on February 5, 2024, suggesting revisions to strengthen the safety and health of emergency personnel.
The proposed Emergency Response Standard is designed to upgrade the existing Fire Brigade Standard, covering a bigger scope of emergency responders and offering better protection against various occupational risks. Receipt of public comments was supposed to end on May 6, 2023, but it was extended to July 23, 2024. Comments were received from volunteer emergency responders, fire chiefs, trade institutions, and Congressmen who voiced their concerns, particularly about the financial strain the new rules could have on volunteer fire departments. If implemented, these departments would have more expenses related to new equipment, more HIPAA training and health services for firefighters, and more reporting requirements.
Several U.S. senators, including Chris Coons (D-DE) and Jerry Moran (R-KS), have pointed out the difficulties faced by volunteer fire departments, particularly in rural areas where budgets are already tight. Many of these departments lack the means to meet the proposed standards, which would make a big portion of their current equipment non-compliant. Senators John Boozman (R-AR), Thom Tillis (R-NC), Susan Collins (R-ME), John Barrasso (R-WY), John Hoeven (R-ND), Tom Cotton (R-AR), and Angus King (I-MA), have urged Acting Secretary Julie Su of the Labor Department to exempt volunteer fire departments from some provisions of the rule.
In response to these concerns, OSHA acknowledged the feedback from stakeholders and agreed to assess the potential negative impacts on volunteer fire departments. OSHA is committed to finishing the final standard, in line with the rulemaking record, taking action to evaluate and minimize adverse effects on volunteer fire departments. OSHA stated that if the evidence supports the record, this could mean excluding volunteer emergency response organizations due to concerns over feasibility.
OSHA discussed that while the proposed rule initially seemed economically feasible for volunteer fire departments based on available data, the comments sent during the rulemaking process provided useful new insights. The feedback received gives important information not available before in the rulemaking process, said OSHA. The information will determine whether the offered standard is practicable for volunteer organizations.
As OSHA continues to review the new data and stakeholder input, the agency’s final determination will shape how the Emergency Response Standard impacts volunteer fire departments and emergency responders throughout the nation.