OSHA pledges to reevaluate proposed rule after Senator Coons, colleagues call to protect volunteer firefighters from burdensome regulations

WASHINGTON - This week, the Occupational Safety and Health Administration (OSHA) responded to calls by U.S. Senators Chris Coons (D-Del.), Jerry Moran (R-Kan.), and their colleagues to reevaluate and exempt volunteer fire departments from parts of a proposed rule that would apply burdensome new regulations to volunteer fire departments in Delaware and across the country.

"Delaware's volunteer fire companies already face unprecedented challenges trying to keep their communities safe," said Senator Coons. "OSHA's proposed rule- while well-intended - would add a massive burden to under-resourced and understaffed volunteer fire departments, requiring expensive new equipment and trainings that the departments cannot afford. I'm glad OSHA is listening and responding to our shared concerns. I will always recognize our firefighters' bravery and work to ensure they can fully protect the communities they serve."

"Volunteer fire departments and rural communities have made their voices heard, and I am pleased OSHA has listened and is reevaluating the proposed rule," said Senator Moran. "This is a great first step, and I encourage Kansans to continue sharing their views with OSHA on how this rule would place a financial burden on volunteer fire departments."

OSHA proposed a new rule earlier this year that would require fire departments to furnish new reports, trainings, equipment, and health services.

In August, Senator Coons and Moran called on Acting Secretary of the U.S. Department of Labor Julie Su to exempt volunteer fire departments from parts of the proposed rule. The effort was also supported by Senators John Boozman (R-Ark.), Susan Collins (R-Maine), John Hoeven (R-N.D.), Angus King (I-Maine), Thom Tillis (R-N.C.), John Barrasso (R-Wyo.), and Tom Cotton (R-Ark.).

This week, OSHA issued a statement that it is reevaluating the financial and regulatory impact the rule would have on volunteer firefighters: "OSHA has received comments in response to the NPRM [Notice of Proposed Rulemaking] 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 the 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, and stakeholders are encouraged to provide comments for the hearing. Instructions for how to participate in the hearing are available on the Emergency Response rulemaking webpage.