OSHA’s Proposed Emergency Response Rule: A Call for Revision
Aug 23, 2024OSHA’s New Emergency Response Rule Needs Changes
As proposed, the rule threatens volunteer and paid fire departments in 27 states
On July 22, 2024, the Occupational Safety and Health Administration (OSHA) concluded the comment period for the new emergency response rule. By the cutoff date, over 2,500 comments had been received. Most of the comments—which came from fire agencies, public officials, and concerned residents—requested that OSHA delay the rule and extend the comment period. Why delay?
Most testimony supported the steps OSHA was taking to protect firefighters but wanted the proposed changes to be phased in over a more extended period. The costs associated with compliance — particularly for small volunteer fire departments —could be “devasting” without a few changes. Many local fire departments are already struggling with staffing issues and the costs currently associated with equipping and training emergency response staff.
OSHA has scheduled an informal, virtual, public hearing about the proposed rule beginning on Tuesday, November 12, 2024, at 9:30 AM and subsequent weekdays, as necessary. Anyone wanting to testify during the hearing or question witnesses must submit a Notice of Intention to Appear before September 27, 2024.
The Rule and its Discontents
The current regulations were written in 1980, and few have questioned the need to modernize them. The main concern about the new rule, as currently composed, is the financial burden it places on smaller volunteer fire departments in some states and the timeline for implementation.
The new regulation requires increased minimum training from 150 hours to 300 hours, fitness testing, facility improvements, recordkeeping, and several other factors drawn from the national consensus standards developed by the National Fire Protection Association (NFPA), the American National Standards Institute (ANSI) and the International Safety Equipment Association (ISEA).
“You can’t pancake breakfast your way out of this,” said Rep. Nick Langworthy (R-NY), speaking from the municipal building in Delevan, New York (pop 1,064), as quoted in the Olean Times Herald. “The vast majority of these departments operate under very small budgets, and they self-fundraise.”
In the draft analysis, the one-time impacts for a department with 40 responders would be $38,000 plus annual costs of about $22,000. The most significant expense — between $17,000 and $19,000 annually — is for medical exams and fitness requirements. The costs for a department with 20 responders are estimated to be $29,000 upfront and $16,300 annually. In May, Rep. Langworthy joined more than 40 other members of Congress to request that OSHA delay the rule.
The Rule Doesn’t Affect Everybody
The new regulations would apply only in states with safety plans that permit OSHA coverage of municipal and state employees. Currently, 27 states have an OSHA-approved state plan covering state and municipal workers. The new regulations will affect volunteer and paid fire departments statewide in these states. The other 23 states are federal OSHA states, and municipal and state workers are not covered by these new OSHA regulations.
New Hampshire, where Orr & Reno is based, is a federal OSHA state, and municipal and state employees are not subject to this new rule. However, several surrounding states — Connecticut, Maine, Massachusetts, New York, and Vermont — have an OSHA-approved state plan covering state and municipal workers and will be subject to this new rule when it takes effect.
Insurance Consequences
It’s important to note that the availability of firefighters to respond to a fire is one of the primary factors used by actuaries to determine the ISO rating. This rating is used to calculate home insurance premiums. According to bankrate.com, the overall health of a fire department accounts for 50 percent of the ISO score. The score considers firefighter training, the number of firefighters and volunteers, and the maintenance and testing of pumps and other equipment.
What Now?
Even though the final rule is still a year or so away, impacted organizations are advised to familiarize themselves with the specifics of the proposed rule and evaluate the potential impact on their emergency response budgets. If you have any questions or concerns about how this new rule could affect your organization, business, and community — or if you have received an OSHA citation for any reason — don’t hesitate to contact Orr & Reno for assistance.
