Last month, ACA submitted comments to the U.S. Occupational Safety and Health Administration (OSHA) on the agency’s proposed Emergency Response Standard. ACA’s comments focused only on WEREs— Workplace Emergency Response Employers. ACA’s comments noted that the covered emergency activities are unnecessarily broad, addressing relatively minor emergency responses.

“The definition of covered ‘emergencies’ requires further refinement,” stated ACA comments. “ACA further recommends changes to terminology referenced in the rule to avoid confusion. ACA also notes that requirements for emergency team member participation potentially go beyond team members’ designated areas of expertise. ACA recommends further consideration of compliance costs. Compliance costs do not accurately reflect compliance activities and costs for general industry, especially for small businesses. ACA supports exemptions for activities covered by other OSHA emergency response standards, while suggesting an additional exemption for activities covered by EPA’s hazardous waste contingency plan requirements.”

In February 2024, OSHA issued a notice of proposed rulemaking to replace the “Fire Brigades” standard, published in 1980. The newly named “Emergency Response” standard would update safety and health protections to align them with national consensus standards for workers exposed to hazards related to fires and other emergencies. The initial comment period ended May 6, 2024, but was extended twice in response to public demand.

OSHA has scheduled an informal hearing on Nov. 12, 2024 at 9:30 am EDT, to hear comments and testimony from the public on OSHA’s proposal to update an existing standard and expand safety and health protections for emergency responders, including firefighters, emergency medical service providers and technical search and rescue workers.

ACA will be participating in the online hearing.

Contact ACA’s Riaz Zaman for more information.