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Federal OSHA Emergency Response Rules  

Emergency response organizations nationwide received encouraging news from Federal OSHA, so NSDC thanks everyone for your collaboration. The agency announced a significant shift in their rulemaking strategy concerning volunteer organizations. This statement, available in full here, highlighted the agency’s previous misunderstandings regarding volunteer organizations and provided needed explanations for their decisions.   

 

“…While OSHA does not directly cover volunteer emergency responders, some OSHA State Plans treat volunteers as employees under state law…In the NPRM, OSHA preliminarily determined, based on the limited evidence available to it at the time, that the proposed rule would be economically feasible for volunteer organizations. OSHA had sought information about the potential impact of the rule on volunteer organizations, but it did not have sufficient evidence to show that the rule would be infeasible for these organizations…The comments submitted to the rulemaking docket provide crucial information that the agency did not have earlier in the rulemaking process. This new information will help the agency make the necessary determinations about whether the proposed standard is feasible for volunteer organizations…”  

 

This positive statement underscores the impact of individual and association comments, which prompted Federal OSHA to pause and reconsider their position. However, the struggle isn’t over. It’s crucial to continue sharing your stories. You will have the opportunity to provide more comprehensive information starting November 12th at the agency’s public hearing. This virtual hearing requires presenters to request a time slot by filling out an online form with their contact information.