OSHA Proposes To Replace Its Existing Fire Brigades Standard With New Comprehensive Emergency Response Standard

• Published date: 22 February 2024
• Subject Matter: Employment and HR, Health & Safety
• Law Firm: Ogletree, Deakins, Nash, Smoak & Stewart
• Author: Mr John D. Surma

On February 5, 2024, the Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) related to the Fire Brigades standard, 29 C.F.R. 1910.156, and related standards.

The proposed rule would update the more than forty-year-old Fire Brigades standard, which has undergone only modest changes since its creation, and transform it into an Emergency Response standard focused not just on firefighting, but also on emergency medical services, tactical rescue, and the equivalent services offered in workplaces by employer-provided services.

Quick Hits

• OSHA has proposed a rule that would transform the Fire Brigades Standard into an Emergency Response standard.
• The proposed rule would cover not only firefighting, but also emergency medical services, tactical rescue, and the equivalent services offered in workplaces by employer-provided services.
• Comments are due no later than May 6, 2024.

With the potential exception of the COVID-19 standards OSHA created, no other proposal for a change in OSHA standards in recent memory has been as comprehensive as these changes. Comments on the proposal are due on or before May 6, 2024.

The 250-page NPRM transforms 29 C.F.R. ' 1910.156 into an entirely new standard, but it also makes important changes to:

29 C.F.R. ' 1910.6 Incorporation by reference

29 C.F.R. ' 1910.120 Hazardous waste operations and emergency response and Appendix B

29 C.F.R. ' 1910.134 Respiratory protection

29 C.F.R. ' 1910.155 Scope, application and definitions applicable to this subpart

29 C.F.R. ' 1910.157 Portable fire extinguishers

29 C.F.R. ' 1910.158 Standpipe and hose systems

29 C.F.R. ' 1910.159 Automatic sprinkler systems

Most of the changes to these standards are modest. The last two, 29 C.F.R. ' 1910.158 and 1910.159, essentially do nothing more than require that those systems are compatible with what local fire departments use to couple with them.

Overview of Requirements

There is no way this article can cover in detail all of the nuances of the proposed standard, given its length and complexity, but those requirements include:

1. Organization of the Workplace Emergency Response Team Workplace Emergency Response Employer, or Emergency Service Organization;
2. Establishing the organization's emergency response plan;
3. Establishing the organization's emergency service(s) capability(ies);
4. Team member and responder participation;
5. Creation of a risk management plan;
6. Responder medical and physical requirements;
7. ...