Comment by July 22 on OSHA’s Proposed Emergency Response Rule for Fire Departments

June 24, 2024

The proposed updates present substantial financial concerns for local fire departments, potentially impacting budgets due to increased training requirements, equipment upgrades, and the administrative burden of compliance.

The Occupational Safety and Health Administration (OSHA) has proposed a significant update aimed at enhancing protections for emergency response workers. This proposal, published in the Federal Register on Feb. 5, 2024, seeks to replace the decades-old Fire Brigades Standard, extending protections to a broader group of emergency service workers, including those in emergency medical services and technical search and rescue. Read more about the proposed OSHA update in the Federal Register.

It’s vital that local governments and fire departments actively engage in the rulemaking process because the proposed updates could substantially impact budgets due to increased training requirements, equipment upgrades, and the administrative burden of compliance.

According to OSHA, the rule’s development began in 2015 through a collaborative process with input from various stakeholders. There may have been insufficient input from local government officials in this stakeholder engagement process.

Provide comments by July 22 on the proposed OSHA rule

Because of the broad implications of this proposal, OSHA has extended the deadline for public comments to July 22, 2024. This extension provides a crucial opportunity for cities to share their perspectives on the proposed updates and expanded protections.

Ensure your feedback is part of the public record and provide your comments on the proposed OSHA rule by July 22:

Key city concerns and implications of the proposed OSHA updates

The National League of Cities (NLC) is preparing to submit comments and make suggestions to OSHA, emphasizing the following city concerns about the proposed rule:

  • It could impose unfunded mandates, leading to a considerable increase in local spending on fire and emergency services.
  • The rule’s implications for volunteer workers and their potential reclassification as employees could introduce substantial administrative and financial challenges, especially in areas governed by federal OSHA regulations.
  • The broad implications for search and rescue services, the potential requirement for upgrading living areas for emergency responders, and the proposed medical evaluations, surveillance, and fitness requirements raise questions about the rule’s feasibility and impact on the capability of emergency services, especially given the varying needs and capacities of different locales.
  • It may underestimate the true financial impact on local governments and emergency response operations, based on NLC’s preliminary economic analysis. Issues such as administrative overhead, training expenses, equipment, and the comprehensive scope of medical examinations may significantly escalate the costs beyond OSHA’s projections.
  • The potential penalties for non-compliance and the broader legal, financial, and liability implications for local government budgets, operations, and public trust.

Contact NLC with feedback about the proposed OSHA rule

Your input is needed in shaping the collective response of cities and in navigating the financial and administrative challenges of compliance. Please share your thoughts and any concerns with Yucel Ors, NLC legislative director, public safety and crime prevention, at ors@nlc.org.

Content in this article was provided by the National League of Cities.

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