OSHA Public Comment Period Extended

In December 2023, the Occupational Safety and Health Administration (OSHA) announced a notice of proposed rulemaking to update an existing standard and expand safety and health protections for firefighters, emergency medical service providers and technical search and rescue workers.

The proposed rule, Emergency Response, modernizes OSHA’s existing “Fire Brigades” standard (29 CFR 1910.156), which has only had minor updates since it was first published in 1980.

The Fire Brigades standard currently applies to a narrow audience of workers, namely, fire brigades, industrial fire departments and private or contractual fire departments. This standard was originally intended to be used by employers who have a subset of employees assigned to fight fire in the early stages while waiting for their jurisdiction’s fire department to arrive on scene. These employees do not necessarily perform emergency response functions as part of their regular, everyday jobs.

OSHA intends to use the “Fire Brigades” standard as a baseline for a significant update to OSHA 1910.156. The new standard, which will be re-titled “Emergency Response,” would apply to a much broader audience of emergency workers and would address a much broader range of occupational hazards.

The proposal calls for comprehensive changes to emergency response, including staffing, training, apparatus readiness, and protective clothing and equipment. The new standard would also require employers to obtain baseline medical screenings for emergency responders and provide access to behavioral health resources.

Since this update will have a significant impact on emergency response agencies across the country, OSHA strongly encourages participation from all emergency services stakeholders in the public comment process. OSHA has extended the deadline for comment on the proposed standard to July 22, 2024.

In March 2024, the U.S. Fire Administration (USFA) interviewed OSHA’s Director of Standards and Guidance. The interview discussed the history of the Fire Brigades standard and a brief overview of OSHA’s purpose in making the changes in the proposed Emergency Response standard. It also discussed the process for submitting comments.

In May, the International Association of Fire Chiefs (IAFC) published a statement explaining its role in helping to draft the standard, what the new standard covers, and how IAFC is responding to OSHA’s proposed rule with its own comments.

Earlier in June, the International Association of Fire Fighters (IAFF) released a statement and conducted a webinar. In the webinar, IAFF staff provided an overview of the changes, discussed the importance of health and safety standards, and reviewed OSHA’s process for submitting comments.

The National Volunteer Fire Council (NFVC) is continually updating an OSHA Proposed Emergency Response Standard page with resources to help fire departments understand the new standard and develop comments to submit to OSHA. The NVFC will be holding virtual Help Desk hours throughout June and July to provide guidance on how to write effective comments. Several recorded webinars, numerous guidance documents, and the schedule for Help Desk hours are available on this page.

OSHA is maintaining a page dedicated to the Emergency Response Rulemaking where you can learn more about the background of the ruling, access the proposed rule in the Federal Register, and see any announcements from OSHA as they are posted.

The resources linked above can assist emergency response stakeholders in understanding how the updated standard will impact how they provide safety and health protections for their firefighters, emergency medical service providers and technical search and rescue workers.

Many of the above resources will also help agencies craft effective comments during the public comment period, which will in turn help OSHA develop a final standard that is both effective and feasible for the nation’s emergency services. Submit comments to OSHA by Monday, July 22, 2024.