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OSHA addresses Emergency Response Rule concerns

The agency is reviewing feedback from stakeholders and may consider excluding volunteer organizations.

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The Occupational Safety and Health Administration (OSHA) has issued a statement clarifying its ongoing efforts in developing the Emergency Response Standard, a proposed rule aimed at providing long-overdue protections to emergency responders. The agency emphasized its respect for the vital role emergency responders, including volunteers, play in ensuring public safety across the U.S.

OSHA's proposed rule, published in February 2024, does not directly cover volunteer responders under federal law. However, in certain states that operate under OSHA-approved State Plans, volunteers are treated as employees, meaning the proposed rule could impact these individuals. OSHA initially determined that the rule would be economically feasible for volunteer organizations based on limited evidence available at the time.

Since then, OSHA has received numerous comments from stakeholders, including volunteer emergency responders, fire chiefs, trade organizations, and members of Congress, expressing concerns about the financial burden the proposed rule might place on volunteer fire departments. OSHA is taking these concerns seriously and will use the feedback to assess the feasibility of the standard for volunteer organizations.

The agency remains committed to minimizing any detrimental effects on volunteer fire departments. Should the evidence support it, OSHA may exclude voluntary emergency response organizations from the final rule based on feasibility concerns. Stakeholders will have an opportunity to present additional information during the public rulemaking hearing scheduled for November 12, 2024.

OSHA stressed that its intention has always been to work collaboratively with the emergency response community to find solutions that ensure the safety of responders while maintaining public safety.

For more information or to participate in the hearing, visit the Emergency Response rulemaking page at www.osha.gov/emergency-response/rulemaking.

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