NACo comments on proposed OSHA fire safety standards

Key Takeaways

On February 5, 2024, the Occupational Safety and Health Administration (OSHA) published a Notice of Proposed Rule Making (NPRM) for their new “Emergency Response Standards,” which seek to replace OSHA’s current Fire Brigades standards. Prior to submitting comments in response to the NPRM, NACo advocated for an extension of the comment deadline, which was granted.

View the proposed rule  

NACo’s comments

The proposed rule aims to enhance responder safety but fails to adequately consider the financial and operational burden that it places on emergency agencies. Emergency services departments, many of which are dealing with existing budgets and staffing shortages, may find the standards excessively burdensome, potentially forcing closures or operations outside federal guidelines. In response to the proposed “Emergency Response Standards,” NACo and the National League of Cities (NLC) submitted joint comments highlighting several concerns:

• Unfunded Mandate: NACo warns that the rule could impose significant costs on local governments without federal support, exacerbating existing financial pressures and potentially leading to cuts in essential services.
• Disproportionate Impact: Smaller municipalities and volunteer fire departments may struggle with compliance due to limited budgets, risking reduced service coverage and financial strain.
• Administrative and Compliance Costs: New standards may increase administrative tasks and underestimations of compliance costs, including training and equipment, particularly affecting smaller and volunteer departments.
• Volunteer Classification and Penalties: Potential reclassification of volunteers as employees could create financial and administrative challenges, while penalties for non-compliance could strain budgets and harm public trust.

NACo requests that OSHA provide resources and support to local governments to address the financial implications of the rule and engage with state, local and tribal officials on further development of the rule.

View NACo's comments

Impact on counties

Counties that lack the necessary funding to comply with the new federal standards could face increased public safety risks due to the forced closure of emergency response departments. This impact would be disproportionately severe for smaller and more rural counties, which are already vulnerable to public safety risks. The potential closures of these essential services would leave communities at a greater risk during emergencies, undermining public safety.

NACo continues to advocate for practical and feasible standards that ensure the safety of emergency responders while considering the financial and operational realities of counties across the nation.