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OSHA schedules hearing on proposed Emergency Response Standard

This follows extensive public commentary and is aimed at allowing broader participation.

Gavel On Counter Close Up

The Occupational Safety and Health Administration (OSHA) has announced an informal public hearing on its proposed "Emergency Response Standard." The hearing is set to begin on November 12, 2024, at 9:30 a.m. Eastern Time (ET). This follows the publication of the proposed rule in the Federal Register on February 5, 2024, and extended public comment periods that ended on July 22, 2024, in response to numerous requests from stakeholders.

The hearing will be held virtually to allow broader participation without the financial and logistical burdens of traveling to Washington, D.C. Interested individuals must submit a Notice of Intention to Appear (NOITA) by September 27, 2024, if they wish to testify or question other witnesses. Those requiring more than 10 minutes for their presentation or intending to submit documentary evidence must submit these materials by October 18, 2024.

Key Information:

  • Hearing Date: November 12, 2024, at 9:30 a.m. ET.
  • Location: Virtual.
  • NOITA Submission Deadline: September 27, 2024.
  • Documentary Evidence Submission Deadline: October 18, 2024.

Submission Details:

The hearing will be presided over by an Administrative Law Judge (ALJ) and will provide an opportunity for oral testimony and the presentation of evidence. OSHA encourages witnesses to discuss various topics related to the proposed rule, including but not limited to:

  1. Firefighting services (wildland, aircraft/airport, marine).
  2. Emergency medical service providers (non-fire department based, aerial transport).
  3. Technical search and rescue service providers.
  4. Recommendations for volunteer/non-compensated responders.
  5. Financial profiles of emergency response organizations.
  6. Estimating the number of employers and employees classified as Workplace Emergency Response Employers.
  7. Current practices for proposed provisions (e.g., medical exams).

Following the hearing and post-hearing comment period, the ALJ will certify the record to the Assistant Secretary of Labor for Occupational Safety and Health, who will then review all evidence and issue the final rule.

For additional information and to access the hearing schedule and procedures, visit the OSHA Emergency Response Rulemaking page.

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