Director, Directorate of Standards and Guidance

1218-AC91 202410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1218 Occupational Safety and Health Administration OSHA 1200 Department of Labor DOL Emergency Response

The Occupational Safety and Health Administration (OSHA) currently regulates aspects of emergency response and preparedness; some of these standards were promulgated decades ago, and none were designed as comprehensive emergency response standards. Consequently, they do not address the full range of hazards or concerns currently facing emergency responders, and other workers providing skilled support, nor do they reflect major changes in performance specifications for protective clothing and equipment. The agency acknowledges that current OSHA standards also do not reflect all the major developments in safety and health practices that have already been accepted by the emergency response community and incorporated into industry consensus standards.

The regulatory effort began in 2007 with a Request for Information (RFI). In July 2014, OSHA hosted two stakeholder meetings with participants representing a broad range of emergency responders as well as allied stakeholders such as State Plan representatives, skilled support workers, and law enforcement. Given the broad support and interest seen during the stakeholder meetings, OSHA decided to move forward with a comprehensive proposed standard for emergency response. In September 2015, OSHA requested, and NACOSH designated, a subcommittee made up of major stakeholders and charged with developing proposed regulatory text. The subcommittee held six meetings over the course of a year. In December 2016, the full NACOSH committee reviewed and approved the recommendations for a proposed rule developed by the subcommittee. The committee recommended to the Secretary that OSHA proceed with rulemaking, using the subcommittee’s regulatory text as a basis for the rule. In October 2021, a Small Business Advocacy Review (SBAR) panel was assembled, as required by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA); SBREFA was concluded in December; 2021.

To encourage and increase stakeholder feedback regarding the proposed rule, OSHA twice extended the original 90-day public comment period by a total of 76 days: from May 6 until July 22. The agency will convene a multi-day public hearing with virtual capability beginning on November 12, 2024. The ability to participate virtually means that more stakeholders from around the country can easily speak to OSHA and provide their input, share data, and express their opinions.

]]> Section 3(f)(1) Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes Undetermined 29 CFR 1910 29 U.S.C. 655(b) 29 U.S.C. 657 5 U.S.C. 609 Yes

Emergency response is a dangerous activity with more than 100 responders killed, and hundreds of thousands injured each year. OSHA currently regulates aspects of emergency response and preparedness; some of these standards were promulgated decades ago, and none were designed as comprehensive emergency response standards. Consequently, they do not address the full range of hazards or concerns currently facing emergency responders, nor do they reflect major changes in performance specifications for protective clothing and equipment. The agency acknowledges that current OSHA standards also do not reflect all the major developments in safety and health practices that have already been accepted by the emergency response community and incorporated into industry consensus standards. OSHA published a proposed rule that updates, by replacing, the existing outdated fire brigade standard to reflect current consensus standards and industry best practices. The agency anticipates that compliance with the updated rule would significantly reduce injuries and fatalities.

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The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor to set mandatory occupational safety and health standards to assure safe and healthful working conditions for working men and women (29 U.S.C. 651).

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One alternative to proposed rulemaking would be to take no regulatory action. As a program standard that is primarily performance based, alternatives would depend on each employer’s individual situation. There are no alternatives proposed in the NPRM under development. OSHA intends to seek stakeholder input for alternatives that could reduce the burden on small entities, and on entities with volunteer emergency responders who are treated as employees in some states with OSHA approved state OSH programs and would be impacted by a proposed rule.

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The proposed rule would affect 22,552 Emergency Service Organizations (ESOs) and Workplace Emergency Response Employers (WEREs) Teams with 1,142,733 responders and team members. The proposed rule costs would be less than 1 percent of revenues to ESOs and WEREs as a whole. Preventing approximately 11,000 injuries and 61 fatalities annually, the net benefits of the proposed rule are expected to be $2.0 billion per year (3 percent discount rate).

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OSHA estimates that approximately 1,054,611 individuals are exposed on an annual basis to the workplace hazards associated with the emergency response activities falling within the scope of the proposed rule, including public-sector employees in States with OSHA-approved State Plans.

]]> Stakeholder Meetings 07/30/2014 Convene NACOSH Workgroup 09/09/2015 NACOSH Review of Workgroup Report 12/14/2016 Initiate SBREFA 08/02/2021 Finalize SBREFA 12/02/2021 NPRM 02/05/2024 89 FR 7774 Comment Period Extended 03/28/2024 89 FR 21468 NPRM Comment Period End 05/06/2024 NPRM Comment Period Extension End 06/21/2024 NPRM Comment Period Extended 06/11/2024 89 FR 49119 NPRM Comment Period Extended End 07/22/2024 NPRM, Notice of Informal Public Hearing 07/23/2024 89 FR 59712 Informal Public Hearing (11/12/2024) 12/00/2024 NPRM Analyze Comments 06/00/2025 YES Governmental Jurisdictions Local State Undetermined Yes No Andrew Levinson Director, Directorate of Standards and Guidance 1218 Occupational Safety and Health Administration OSHA 202 693-1950 levinson.andrew@dol.gov 200 Constitution Avenue NW, FP Building, Room N-3718, Washington DC 20210