NVFC testimony challenges OSHA’s new Emergency Response Standard

July 30, 2024

Proposed changes to OSHA’s fire brigades standard

The Occupational Safety and Health Administration (OSHA) is proposing changes to its 1980 Fire Brigades rule by introducing a new Emergency Response Standard.

Tim Bradley, the National Volunteer Fire Council (NVFC) North Carolina director, testified on July 24, 2024, before the House Subcommittee on Workforce Protections, expressing concerns about the proposed changes.

According to Bradley, these changes could overhaul and threaten the fire services OSHA aims to protect.

Bradley highlighted the economic impact and feasibility issues, noting that many volunteer fire departments may not have the resources to comply with the new standards.

He stated: “If adopted as written, this proposed standard would be economically infeasible for volunteer fire departments to comply with and could cause many of these departments to shut down.”

Economic impact on volunteer fire departments

Bradley emphasized that volunteer fire departments, particularly in rural areas, face significant challenges in funding and resources.

He cited data showing that volunteer departments protect 82% of the nation’s communities and 30% of the population.

Many of these departments operate on limited budgets, often less than $75,000 annually, which barely covers basic operational costs.

The proposed standard’s requirement for extensive training, equipment updates, and administrative support would place a heavy burden on these departments.

Bradley noted: “This proposed standard could also compromise the safety and emergency response capabilities of many small communities, particularly small communities in rural areas.”

Scope and clarity of the proposed standard

The testimony also pointed out ambiguities in the proposed standard regarding which volunteer fire departments and personnel would be covered.

Bradley criticized the lack of clear definitions and guidelines, which could lead to confusion and inconsistent application across different states.

He highlighted the potential variability in how states classify volunteer firefighters and the implications for compliance with OSHA’s proposed rules.

Bradley stated: “The NPRM contains a section that lists the SBAR panel’s recommendations and OSHA’s responses.

“Some of these recommendations include OSHA’s need to clearly explain who falls within the scope of the standard and determine which states consider volunteer firefighters as employees who would be covered by the standard.”

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