On February 5, 2024, the Occupational Safety and Health Administration (OSHA) issued a proposed rule aimed at increasing the safety and health of emergency responders across the country, including those in the workplace. This proposed Emergency Response Standard would replace the existing Fire Brigades Standard under 29 CFR 1910.156, expanding its scope to encompass a wider range of emergency personnel and introducing comprehensive programmatic measures to safeguard them from various occupational hazards.

What’s Driving the Change?

The new standard stems from the recognition that emergency responders face a multitude of dangers beyond fires. Data shows a concerning number of injuries and fatalities among emergency responders, highlighting the need for improved safety measures. Emergency responders are routinely exposed to chemical risks, physical hazards, biological agents, and psychological stressors, all of which can lead to serious injuries, illnesses, and even death. While the existing Fire Brigades Standard is valuable, it simply lacks the scope to adequately address the broader spectrum of emergency personnel and the diverse risks they face.

Who Does the Proposed Emergency Response Standard Cover?

The existing Fire Brigades standard doesn’t distinguish between “primary duty” emergency responders and those with “collateral duties” (emergency response tasks alongside other work). The proposed standard aims to provide comprehensive safety protections for a wide range of emergency responders across diverse industries. Two key categories define who falls under its umbrella:

• Workplace Emergency Response Employers (WEREs): This category encompasses organizations with employees who, as part of their regular duties, respond to emergency situations like fires, medical emergencies, or environmental hazards. It’s not necessarily their primary function, but they have designated personnel trained and equipped to handle such situations. These designated personnel will be referred to as a Workplace Emergency Response Team (WERT) under the new standard. Workers and employees trained in emergency response or existing fire brigades at industrial and commercial facilities across the US would trigger this definition. Coverage extends to all team members involved in emergency response, regardless of their specific title or how much time they dedicate to these duties.
• Emergency Service Organizations (ESOs): This category includes organizations whose primary function is emergency response, making them the essential services we rely on when faced with crises. Fire departments (both paid and volunteer), ambulance services, search and rescue teams, and hazardous materials response teams are all prime examples. The standard covers all employees and members of these organizations, regardless of their specific role or whether they are paid or volunteers.

Organizations already subject to specific OSHA standards for their industry (construction, maritime, agriculture) would not be covered by this additional rule. Additionally, the proposed rule would not apply to employers who only provide first aid and first aid kits in accordance with 29 CFR 1910.151, medical services and first aid.

What’s Changing?

It’s important to point out that nothing in this proposed rule would require an employer to establish a WERT. Each employer still makes the decision for itself, based on a risk assessment of its facility, how emergency response services will be provided for its workers at its facility. Employers may choose to rely on emergency services available in the community where the facility is located.

For employers who do fall under the definition of a WERE, the expanded scope translates to expanded employer responsibilities. Some of these new responsibilities will include:

• Establishing and implementing a written emergency response program (ERP): Employers will need to develop a comprehensive ERP that outlines protocols for various emergency scenarios, such as fires, chemical spills, or medical emergencies. This program must be regularly updated, reviewed at least annually, and involve active participation from team members to ensure everyone understands their roles and responsibilities during emergencies.
• Conduct Facility Vulnerability Assessments: Employers with emergency response teams will need to do a deep dive into their facilities. This assessment would require employers to identify potential dangers like work at heights or flammable materials, along with tools and training needed to address them. It would also flag off-limits areas for team safety and ensure everyone knows where they are.
• Team Member Participation: The proposed rule wants emergency response teams and organizations to involve their members in key matters: creating their emergency response program, practicing it, and reporting any safety concerns. OSHA is also considering a requirement that would permit employee representatives to be involved in these matters.
• Developing and implementing a written comprehensive risk management plan: Employers will be required to create a detailed risk management plan tailored to the specific type and level of emergency response services provided. This plan will need to identify, assess, and mitigate potential hazards associated with emergency response activities, addressing risks such as exposure to hazardous materials or environmental hazards.
• Medical evaluation of team members: Employers will need to ensure the health and physical fitness of emergency response team members by conducting regular medical evaluations. These evaluations should assess the ability of team members to safely perform their duties and may include medical history reviews, physical examinations, and assessments of cardiovascular and respiratory health.
• Training: Employers will be responsible for providing comprehensive training to emergency response team members to equip them with the necessary skills and knowledge to respond effectively to emergencies. Training programs should cover hazard recognition, proper use of equipment and personal protective equipment (PPE), communication protocols, and incident management procedures.
• Pre-incident planning: Detailed pre-incident plans (PIPs) will be required for areas where emergency responders might operate. These PIPs will serve as roadmaps, providing responders with critical information like facility layouts, locations of dangerous materials, access points for vital equipment, and even actions to take if an incident exceeds their capabilities. The proposed standard will require PIPs to be updated regularly and readily accessible in the event of an emergency.
• Incident management system: The proposed standard will require an incident management system (IMS) that acts like a playbook for any type of emergency event. This system will need to define roles, responsibilities, and standard operating procedures to be utilized.
• Standard Operating Procedures (SOP): Under the proposed standard, employers will be required to develop and implement SOPs for emergency events that are likely to be encountered based on the type and level of service and the facility vulnerability assessment. WEREs would also be required to establish SOPs for various other situations, including Mayday situations, when a team member or responder becomes lost, trapped, injured, or ill.
• Post-Incident Analysis: Employers will be required to conduct a Post-Incident Analysis (PIA) for response teams after major emergencies. The analysis will need to review how well plans and procedures worked, looking for both strengths and weaknesses. Based on the findings, teams will be required promptly implement necessary changes or outline a feasible timeline for doing so.

The proposed Emergency Response Standard presents a significant shift for employers with WERTs. While challenges exist, proactive planning, collaboration, and a commitment to safety can turn these into opportunities for improved emergency preparedness, reduced risks, and ultimately, a safer work environment for everyone.

The Road Ahead:

The proposed standard is currently undergoing public comment, with a deadline for submissions set for May 6, 2024. Compliance obligations typically begin 60 days after the final rule is published. However, OSHA recognizes that certain provisions will require more time and is proposing the following deadlines:

• 2 months: For team member involvement.
• 6 months: For provisions like risk assessments, hazard communication, and incident reporting.
• 12 months: For specific PPE requirements, training programs, and medical evaluations.
• 24 months: For more complex provisions like developing comprehensive safety programs and data collection systems.

OSHA is encouraging feedback on the proposed timeline during the public comment phase to ensure its feasibility and fairness. After reviewing the feedback, OSHA will finalize the rule, and the official compliance timeline will be determined.

For businesses seeking guidance on navigating OSHA’s proposed Emergency Response Rule and ensuring compliance, Trinity’s team of experts is available to provide tailored solutions. For more information or for assistance, please contact Trinity Consultants at 800.229.6655 to learn how we can support your organization in meeting regulatory requirements and enhancing workplace safety.