Emergency Response Rulemaking

Update on OSHA’s Emergency Response Rulemaking

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By Beeta B. Lashkari and Eric J. Conn

On February 5, 2024, OSHA revealed its Notice of Proposed Rulemaking for a new Emergency Response Standard, initiating a public comment period.  As we previously reported, the rulemaking is designed to update OSHA’s existing Fire Brigades Standard and to expand safety and health requirements related to emergency responders – both public and private.

Although OSHA extended the deadline by which comments must be filed from May 6 to June 21, that day is approaching fast, especially given the length, technical nature, and complexity of the proposed rule.  To that end, we are writing to re-gauge your organization’s interest in participating in a coalition of employers and trade associations to work on this OSHA rulemaking with us.

Background About OSHA’s Emergency Response Rulemaking

Per OSHA, the proposed Emergency Response Standard is meant to replace the existing Fire Brigades Standard and will update safety and health protections in line with national consensus standards for a broad range of workers exposed to hazards that arise during emergencies.  While the number of requirements will significantly increase, so too would the scope of the standard.  Particularly, the existing Fire Brigades Standard would be substantially expanded to apply to Continue reading →

OSHA Officially Published Its Proposed Emergency Response Rule

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By Eric J. Conn and Beeta B. Lashkari

We hope you saw our post last week about OSHA’s new Emergency Response Rulemaking and the Rulemaking Coalition that Conn Maciel Carey LLP is organizing to work on this surprisingly onerous proposed rule.

When we published that article, the NPRM package had been revealed by OSHA but had not yet been published in the Federal Register.  That has now changed.  OSHA’s proposed Emergency Response rule for emergency and related responders was officially published in the Federal Register today.  Unless OSHA grants a request for an extension of the comment period, stakeholders’ written comments to the NPRM will be due in 90-days – by May 6, 2024.

Here is more detail about some concerning aspects of OSHA’s new proposed Emergency Response Rule and about our Rulemaking Coalition.

CMC’s prior OSHA Rulemaking Coalitions over the last several years have been successful in making important changes to OSHA’s major rulemakings and have otherwise been valuable experiences for our participants because of the timely and detailed updates about the rulemaking processes that we have provided.  We intend to take the same approach for this rulemaking.  We will coordinate with our coalition participants to: Continue reading →

OSHA’s Emergency Response Rulemaking Covers Private Employers With Designated Emergency Responders – Join CMC’s Employers Rulemaking Coalition

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By Eric J. Conn, Kate M. McMahon, and Beeta B. Lashkari

OSHA is sure not letting the regulated community ease into the new year.  Indeed, right as we were shutting down for the holidays, OSHA slid a little gift under the tree in the form of yet another proposed regulation.  Specifically, on December 21, 2023, OSHA revealed a pre-publication proposed “Emergency Response” Rule, which it will publish any day now.  The rulemaking is designed to update OSHA’s existing “Fire Brigades” standard and to expand safety and health requirements related to emergency responders – both public and private.

We are writing to gauge your organization’s interest in participating in a coalition of employers and trade associations to work on this OSHA rulemaking.

Background About OSHA’s Emergency Response Rulemaking

So you would not have to, we have poured through the 600+ page pre-publication Notice of Proposed Rulemaking (NPRM) package.  Per OSHA, the soon-to-be-proposed “Emergency Response” Rule will update safety and health protections in line with national consensus standards for a broad range of workers exposed to hazards that arise during and after fires and other emergencies.  Particularly, the standard will apply to Workplace Emergency Response Employers (“WERE”), a term that applies to private employers engaged in industries such as manufacturing, processing, and warehousing that have, or establish, a Workplace Emergency Response Team (“WERT”).  OSHA explains that employees on the WERT are those who, either as a primary or collateral duty of their regular daily work assignments, respond to emergency incidents to provide services such as firefighting, emergency medical service, and technical search and rescue.  Continue reading →