OSHA Proposes Rule for Protecting First Responders
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APPLIES TO All Employers of First Responders |
EFFECTIVE Pending |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
The Occupational Safety and Health Administration’s (OSHA) proposed Emergency Response Rule (Proposed Rule) seeks to provide basic workplace protections for workers who respond to emergencies as part of their regularly assigned duties. The Proposed Rule would replace the Fire Brigades standard which was enacted in 1980 and only applies to firefighters. The Proposed Rule would expand the scope of protected workers to those who provide emergency medical services and technical search and rescue operations. The prior rule also did not address the full range of hazards facing emergency responders, lagged behind changes in protective equipment performance and industry practices, conflicted with industry consensus standards, and was not aligned with many current emergency response guidelines provided by other federal agencies.
The Proposed Rule is lengthy and comprehensive in its scope since no significant updates to the prior rule were made in over 40 years. Although employers should review the entire Proposed Rule, there are certain requirements they should pay attention to. The Proposed Rule incorporates the National Fire Protection Association standards which focus on firefighting training, personal protective equipment, health and safety requirements, and apparatus. Rules for Workplace Emergency Response Employers or Teams (WEREs or WERTs) are also included. WEREs or WERTs are found in chemical plants, refineries, large manufacturing facilities, and power generation facilities. This is so owners and operators of those facilities can have on-site fire departments and/or emergency medical responders in the event of an emergency.
The Proposed Rule also covers vehicle preparedness and operational requirements, going so far as to imply personal vehicles operated by volunteer fire fighters or emergency medical responders who use their own vehicles to respond to emergencies are covered. OSHA also intends that volunteer fire departments and volunteer emergency medical services be covered by this standard. Lastly, the Proposed Rule calls for the creation of minimum medical requirements in line with the requirements of the position, ongoing medical evaluations, and fitness programs with no exceptions for age or disability. Also, mental health services must be provided for those exposed to potentially traumatic events.
Employers should begin making preparations for complying with the Proposed Rule since the requirements may be difficult to implement. Private employers who support public or quasi-public providers may need to negotiate agreements to help implement the Proposed Rule’s requirements as well. The comment period for the Proposed Rule closes on May 6, 2024.
Action Items
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