OSHA’s Emergency Response Standard Remains Under Review

The Occupational Safety and Health Administration’s effort to replace its 1980-era Fire Brigades standard remains in the rulemaking process, with no final regulation issued. OSHA formally proposed the new rule—titled the Emergency Response Standard—on February 5, 2024. The proposal would modernize 29 C.F.R. § 1910.156, which has governed fire brigades for more than four decades, by expanding its scope to cover a broad range of emergency response personnel.

Following publication of the Notice of Proposed Rulemaking, OSHA opened a public comment period that was extended several times due to the volume of responses. The comment period closed on July 22, 2024. OSHA later convened an informal public hearing, which began on November 12, 2024, and accepted additional written submissions through January 17, 2025.

Since then, the agency has been reviewing the testimony, comments, and data submitted during the rulemaking process. According to OSHA’s regulatory agenda and its Emergency Response Rulemaking page, the proposed rule remains under analysis. No final rule has been drafted or published, and the existing Fire Brigades standard continues to govern until OSHA completes the process.

The proposed Emergency Response Standard would significantly expand OSHA’s regulatory framework for responders. Rather than limiting coverage to industrial and private fire brigades, the proposal would bring firefighters, EMS personnel, technical rescue teams, and other responders under a single comprehensive standard. It would incorporate updated requirements for emergency response plans, hazard assessments, personal protective equipment, medical and behavioral-health evaluations, and training aligned with contemporary consensus standards.

The scope of the proposal drew extensive attention from the fire service, particularly from volunteer and smaller departments. Many commenters expressed concern about the feasibility of compliance, prompting OSHA to acknowledge that economic impacts on volunteer organizations require further review. In a September 2024 statement, OSHA indicated it would evaluate the applicability of the final rule to volunteers based on the record developed during the hearing and comment periods.

Despite the interest surrounding the proposal, OSHA has not indicated when a final rule might be issued. The new regulation remains at the proposed stage, and the agency’s review is ongoing. For now, the Emergency Response Standard has not been adopted, and the 1910.156 Fire Brigades standard remains in effect. Here is a statement from OSHA:

• OSHA is reviewing and evaluating all the comments and data submitted by stakeholders and the transcripts from the hearing. This important step in the rulemaking process helps guide the agency as it considers how to proceed with the rulemaking.

Here is a link to OSHA’s current position on the Emergency Response Standard.