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Thursday, November 7, 2024

OSHA reconsiders regulations impacting volunteer firefighters after bipartisan push

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Senator John Hoeven, U.S. Senator of North Dakota | Senator John Hoeven Official website

Senator John Hoeven, U.S. Senator of North Dakota | Senator John Hoeven Official website

Senator John Hoeven today issued a statement following the Occupational Safety and Health Administration's (OSHA) response to calls from Hoeven and a bipartisan group of senators, led by Senator Jerry Moran (R-Kan.), to reevaluate and exempt volunteer fire departments from parts of a proposed rule. The rule would impose significant costs on these departments, particularly those serving smaller and rural communities.

Earlier this year, OSHA proposed a new rule requiring fire departments to furnish new reports, trainings, equipment, and health services. In response, Hoeven, Moran, and their colleagues urged Acting Secretary of Labor Julie Su to exempt volunteer fire departments from certain parts of the proposed rule. Senators Chris Coons (D-Del.), John Boozman (R-Ark.), Susan Collins (R-Maine), Angus King (I-Maine), Thom Tillis (R-N.C.), John Barrasso (R-Wyo.), and Tom Cotton (R-Ark.) joined this effort.

“For many departments, implementation of this rule would render significant shares of their equipment non-compliant. The financial burden associated with replacing that equipment and furnishing the reports, assessments, trainings, and health services required by the rule would be prohibitive for volunteer departments, whose budgets are already strained,” wrote the senators. “It is our intention to insulate our volunteers and the communities they serve from the negative impacts of a regulation that could jeopardize their fire services. The rule must provide volunteer departments with the flexibility to perform their duties unencumbered by impracticable requirements.”

This week, OSHA issued a statement indicating it is reevaluating the financial and regulatory impact the rule would have on volunteer firefighters: “OSHA has received comments in response to the [Notice of Proposed Rulemaking] NPRM from many stakeholders, including volunteer emergency responders, fire chiefs, trade organizations, and members of Congress which raise serious concerns about the economic feasibility of the proposed standard for volunteer fire departments. OSHA takes these concerns seriously. This new information will help the agency make necessary determinations about whether the proposed standard is feasible for volunteer organizations… OSHA is committed to taking steps in any final standard consistent with the rulemaking record to assess and minimize detrimental effects on volunteer fire departments. If supported by the record, this may include excluding voluntary emergency response organizations entirely based on these feasibility concerns.”

The full statement from OSHA can be found here. OSHA will hold a public rulemaking hearing on November 12, 2024; stakeholders are encouraged to provide comment for the hearing. Instructions for participation are available on OSHA's Emergency Response rulemaking webpage: www.osha.gov/emergency-response/rulemaking.

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