UNFUNDED MANDATE & LIABILITY EXPOSURE
The Federal Occupational Safety and Health Administration (OSHA) has proposed significant changes to the OSHA Fire Brigade Standard (1910.156). If approved in its current form, the rule will impact all fire departments (volunteer, combination, and paid) across New York and the country.
The 608-page document outlining the proposed changes would incorporate costly health and safety standard mandates and expose municipal fire departments to litigation and costly settlements. It could also cripple already fiscally strapped departments and further negatively impact the recruitment and retention efforts of struggling volunteer fire departments. NYCOM fully supports measures that will protect first responder safety. However, there needs to be a balanced approach that takes into consideration the realities of each department.
As a result of the over 4,000 comments that were submitted to OSHA during the public comment period (NYCOM’s joint letter can be found here), OSHA has scheduled an informal public hearing on the proposed rule beginning on November 12, 2024.
Additional information about the proposed rulemaking can be found here.
The OSHA Emergency Response Standard Proposed Rule Can Be Found Here: Emergency Response Standard; Proposed Rule | Occupational Safety and Health Administration (osha.gov)
U.S. Department of Labor Information: Emergency Response Rulemaking | Occupational Safety and Health Administration (osha.gov)
Information Webinar By OSHA Training Institute: Webinar: Emergency Response Rule
Federal Register – Submit A Comment: Federal Register :: Emergency Response Standard