Since 1980, the Occupational Safety and Health Administration (OSHA) has regulated “fire brigades” under the current 29 CFR 1910.156 standard. That standard is vague and, frankly, in need of updating to some degree. OSHA has developed a proposed updated standard that likely better addresses the full range of hazards facing emergency responders in today’s world. It is, in their own words, “a method to reduce emergency responder fatalities, injuries, and illnesses.” OSHA intends to update the existing standard and rename it “Emergency Response.” That rulemaking process was initiated several years ago and remains today in the open public comment phase.

The proposed rule is highly comprehensive (Click here to view the complete language). The new standard would be modernized in a way emergency responders are familiar with, in that it is “performance-oriented.” It focuses primarily on preparation for emergency incidents and the routine aspects of said incidents. The rule would rely heavily on concepts contained in other National Fire Protection Association (NFPA) standards, which are general guidelines and not rules. While the scope of OSHA jurisdiction is not changing—Minnesota is an OSHA state—the scope of this proposed rule IS changing significantly. Who and what would it apply to?

  • Public sector fire departments
  • Public sector technical search and rescue operations
  • Public sector emergency medical services

As a few CGMC cities have reached out with questions about this proposed standard, we wanted to ensure members had an opportunity to review the official publication and submit public comment should you choose to do so. On February 5, 2024, the official publication was placed in the Federal Register, and written public comments were originally due in May. That deadline has been extended twice, and any comments are now due by July 22, 2024.

The key takeaway from this proposed rule is that municipal fire and/or EMS departments could face significant financial challenges. Some of the key concerns already highlighted by others include:

  • Training and certification requirements
  • Documentation and administrative burdens
  • Equipment upgrades and maintenance
  • Infrastructure and facility upgrades
  • Legal and compliance cost

While we want to stress that this implementation process is far from over, it is worth keeping apprised of the progress and the upcoming deadline for written public comments.

For any questions on the CGMC’s EMS policy work, please contact CGMC Lobbyist Erik Simonson at easimonson@flaherty-hood.com.