OSHA’s Proposed ‘Emergency Response’ Standard Brings EMS Safety Into the 21st Century

Much has changed since the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) first published its "Fire Brigades” standard (29 CFR 1910.156) in 1980. This is why the agency has issued a Notice of Proposed Rulemaking to replace this outdated standard with a new, up-to-date ‘Emergency Response’ standard. The text of this new standard can be found here.

“A Notice of Proposed Rulemaking is when OSHA formally announces to the public that we're intending to issue a regulation,” explained Andrew Levinson, Director of OSHA’s Directorate of Standards and Guidance. “This is the first time that we show the public the actual regulatory text along with all of the explanations for why we're doing what we're doing and what would be required, as well as all of the evidence and information that explains and underpins and justifies the regulation and demonstrates that we meet our legal requirements. This launches the process of notice and comment where the agency begins to engage with the public and get feedback from the public about what they think about the proposed regulation.”

Why They Are Doing It

To put it mildly, 29 CFR 1910.156 is out of date. “It doesn't cover things like incident management systems, or modern personal protective equipment such as firefighter turnout gear or self-contained breathing apparatus,” said Levinson. In fact, “you'd have to go to the Smithsonian to find the turnout gear that we have in our current regulation. 1910.156 also doesn't include things like Personal Alert Safety Systems that help people find a downed or trapped firefighter.” 

The New Standard

In contrast, the proposed Emergency Response is in line with modern fire and EMS safety procedures and equipment. It updates safety and health protections to conform with nationally accepted standards for a broad range of workers exposed to hazards that arise during and after fires and other emergencies. To do this, the Emergency Response standard includes major changes in protective clothing and equipment requirements. It also incorporates significant improvements in safety and health practices that the EMS industry generally accepts as standard procedures.  

That’s not all: The proposed Emergency Response standard requires employers to conduct baseline medical screening for all emergency responders and provide continued medical surveillance of such responders when they are exposed to the byproducts of fires and explosions more than 15 times annually. The proposal also includes requirements to enhance the protection of workers whose primary job is emergency response and those whose emergency response duties are on top of their regular work duties.

Room for Flexibility

OSHA understands that each fire/EMS agency is unique and different from all others. As a result, the new Emergency Response standard is designed to acknowledge this through a degree of flexibility. It’s not a ‘one size fits all’ solution.

“Under the proposed new standard, each emergency response organization gets to decide what types of responses they want to do — be they interior or exterior fire attacks, technical rope rescue or swift water rescue or emergency medical services: It's up to them,” Levison said. “But then once they decide what they're going to do, they need to develop plans and policies to do that safely. They need to train their people in ways to do that work safely, provide appropriate equipment, and then actually follow their policies and procedures. And that's really what this regulation sets out to do. Another core component of the regulation is it gives emergency responders a seat at the table with their employers to make sure that their policies and procedures really are reflective of what's going on in the workplace and will actually be safe and protect those emergency responders.”

What Happens Next

The 90-day public comment period associated with this Proposed Rulemaking process is a chance for first responders and other interested parties to read the Emergency Response standard and share their views about it.

“We're looking for things that they like or suggest that the agency change certain provisions in little ways,” said Levinson. “People can also tell us where they really don't like things or can't afford things and provide evidence for that. OSHA will consider all of that information as it goes forward, and respond accordingly.”

Once the 90-day comment period is over, OSHA will hold a public hearing on the Emergency Response standard. It will be presided over by an administrative law judge, and anybody who would like to speak is welcome to do so.

“We haven't decided when that hearing is going to be, but there will certainly be a virtual component,” Levinson said. “So emergency responders from all across the country can participate virtually without coming to Washington DC to testify.’”

After this hearing is done, there will be one more public comment period to allow post-hearing written comments. “So, there are three opportunities that the public is going to have to provide evidence to OSHA, to make their arguments and make their case,” said Levinson. “Then the agency goes back, reconsiders everything that people have told us and decides what we're going to keep and what we're going to change, and then issues an actual final regulation that will go into effect. That whole process typically takes somewhere between one and two years to complete. So, this is not something that people should expect a final regulation overnight, but it is something that we are moving forward with all deliberate speed.” 

The payoff: “At the end of the day, we're hoping to prevent emergency responders from being injured,” Andrew Levinson concluded. “We're hoping to address medical issues and mental health issues and make sure that people are getting the support that they need from their employers in order to do their job safely and protect the public.” 

Once again, the text of the proposed Emergency response standard and the process associated with it can be found here.