Frequently Asked Questions about the OSHA Proposed Rule

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Disclaimer:

We have received several requests for a 30,000-foot view of what would be required for an Agency Having Jurisdiction (AHJ) to comply with the proposed 1910.156 standard. While this list is not comprehensive, it is our best understanding of what would be required under the standard if adopted, as written, today. Please pay special attention to the NFPA standards referenced, as they contain over 1,500 “shalls” and “musts” that would be required under this law. While the standard is very detailed, it is also very vague on exactly what would meet the standards. These details would be decided by individual inspectors and court cases moving forward. This review is not a legal opinion in any way, shape, or form, or reflect the opinion of any business or organization. This is strictly the review of a few folks that have spent hundreds of hours pouring through the proposed standard since it was announced in December 2023. 

Summary

On February 5th, 2024, the Federal Occupational Safety and Health Administration published a proposed rule that would update the 29 CFR 1910.156 “Fire Brigade” standard that was first published in 1980. This proposed rule would replace the existing rule and expand the scope of it from the original small-scoped fire responder rule to now set board standards that apply not just to industrial firefighters but would now also apply to employees engaged in fire service activities, emergency medical services, and specialized rescue services.

Who would it apply to?
  • All private services would be subject to this rule as well as any public or governmental entity if you are in a jurisdiction where OSHA is applied to you (OSHA program states and municipalities).  
  • “Employees” of any agency engaged in the above activities. While many volunteers are not viewed as employees by states and the federal government, many states do consider volunteers to be employees. Also, volunteers that receive pension plans or other substantial renumeration may qualify as employees under the rule. Refer to your jurisdiction or counsel to learn whether your volunteers would be considered employees.
  • Examples of agencies that would need to comply that did not under the old rule include: Private EMS services, Law enforcement rescue teams such as SAR, and water rescue teams. 
What does it the proposed rule require?

Here is a very general overview, refer to the proposed rule for specifics:

  • Establish a comprehensive Emergency Response Plan (ERP) that provides protections for responders who are designated to work at incidents. It shall include, but not be limited to:
    • Team members responsibilities and participation based on role and capability
    • Comprehensive risk management plans
    • Medical and physical requirements
    • Training
    • Facility preparedness
    • Vehicle preparedness and operation
    • Pre-incident planning
    • Incident management system use
    • Emergency incident operations
    • Standard operating procedures
    • Post-incident analysis
    • Program evaluation
    • Updated copies of all written policies and procedures 
  • The ERP must also include a comprehensive community vulnerability assessment for the agency’s response area identifying:
    • Hazards within the jurisdiction
    • Places, structures, facilities, and other locations requiring regular pre-incident planning
    • An ongoing listing of locations that are vacant and a method of identifying those that are unsafe.
    • A list of services the community may need, which will and will not be provided by the agency, and where those services will come from if not provided by the agency. 
  • The ERP must identify the necessary resources and manpower to provide it’s intended response services to its respective area of responsibility.
  • In the ERP, the tiers and types of responders and their expected roles must be identified. (for example, interior structural firefighter, exterior only operations firefighters, fire police, vehicle operators, technical specialists, EMTs, EMRs, Paramedics)
  • Team members must be permitted to participate in the development of the ERP.
  • Medical Requirements:
    • Establish a medical program that is compliant with NFPA 1582 (this is for every agency to comply, not just firefighters).
    • Comprehensive physical exams appropriate for all roles and tiers at least every 2 years for every member who may be exposed to combustion products 15 or more times a year.
    • Appoint a properly trained and qualified medical officer or manager to oversee your program and maintain confidential records.
    • Provide for the costs of exams, tests, and time lost.
    • Establish guidelines that set timelines and conditions for requirements of return-to-duty evaluation after an illness or injury.
    • Perform medical monitoring of exposures to all hazardous substances and chemicals, biological hazards, and combustion products.
    • Establish a behavioral health program that includes ongoing monitoring, counseling, post-incident care, and referral and crisis care.
    • Establish policy defining fitness for duty and how member readiness is monitored.
  • Establish an ongoing health and fitness program:
    • Appoint a Health and Fitness Officer or Manager who is trained and qualified to oversee member health and fitness.
    • Provide an opportunity for members to exercise while on duty.
    • Execute a health and fitness assessment of each member at least every 3 years.
    • Provide education and counseling regarding health promotion for all responders.
  • Training:
    • Provide initial training, on-going training, refresher training, and professional development to all members based on their expected job tasks for their levels and tiers.
    • Ensure all instructor/trainers are qualified and meet knowledge, skill, and ability expectations.
    • Provide training in a language and at a literacy level that will allow responders to understand and that it allows time for questions and interactive learning.
    • Provide training on all policies and procedure to include the risk management plans, health and wellness program, Incident Management System, all aspects of PPE, fire extinguisher use. 
    • Every emergency responder must be trained how to act in dangerous situations and events such as orderly and rapid evacuations or equipment failure. 
    • Each team member is at least HAZWOPER First Responder Awareness level trained.
    • Each team member and responder is CPR and AED trained.
    • Facility and industrial responders trained to comply with NFPA 1081-2018.
    • Interior structural firefighters meet or exceed NFPA 1001-2019 and NFPA 1407-2020 (Rapid intervention team standard).
    • Each vehicle operator must be at least trained in accordance with requirements of NFPA 1002-2017.
    • At a minimum, every manager/supervisor/crew leader/officer must be trained to the appropriate level set forth in NFPA 1021-2020.
    • Specialized training minimums:
      • Wildland firefighting – NFPA 1140-2022.
      • Technical rescue – NFPA 1006-2021.
      • Marine environment – NFPA 1005-2019.
    • EMS providers shall be trained and certified to state or jurisdictional minimum requirements based of level of responder. 
    • Team members and responders are required to demonstrate proficiency of knowledge and skills annually of the JPRs for their respective tier and level.
  • Facilities Preparedness:
    • Provide facilities for decontamination, disinfection, cleaning, and storage of PPE.
    • Fire poles and their vertical openings must comply with safety protections.
    • All fire protection systems must be installed, tested, and maintained in accordance with manufacturer’s requirements.
    • Hard wired smoke and CO detection systems are mandatory.
    • Sprinklers are mandatory in new construction.
    • Vehicle exhaust exposure prevention measures are required.
    • No contaminated PPE in sleeping and living areas.
    • Must ensure standpipe and hose fitting compatibility with responding fire departments.
  • Equipment and PPE
    • Provide equipment and PPE to team members to train and perform work at no cost.
    • Maintain all equipment and perform periodic testing. Also establish a procedure for reporting defective gear and equipment and removing it from service.
    • New PPE must comply with the NFPA standard associated with its purpose (example: structural firefighting gear meets NFPA 1971). 
    • Personal items permitted for use must also comply with all above.
    • PPE and equipment must have gross decontamination before leaving scenes.
    • No contaminated gear or PPE in passenger compartments of vehicles.
  • Vehicle Preparedness
    • Process in place to assure vehicle is inspected, maintained, and repaired.
    • Process in place so every member knows when and how a vehicle is to be taken out of service.
    • Every riding position is a seat and has appropriate restraints.
    • Fire apparatus is inspected and maintained in accordance with applicable NFPA standards.
  • Vehicle Operation
    • No vehicles will move until all occupants are seated and properly restrained and shall remain so any time the vehicle is in motion.
    • Team members providing care to a patient must be restrained any time doing so will not directly impact the ability to deliver care.
    • Harnesses provided and used when engaged in pump-and-roll operations, loading hose or other activities that require work while the vehicle is in motion.
    • Policies required for team member use of vehicle not under direct control of the agency such as POVs for response to facilities or scenes.
  • Pre-Incident plans must be completed on facilities determine to require them in the ERP. These plans should address site contacts, resources available and needs for additional resources, hazards, and unique challenges. These plans must be made available to all team members and reviewed annually.
  • Agencies shall utilize an Incident Management System (IMS) and encouraged to be standardized with the current NIMS framework.
  • Emergency Incident Operations
    • Every incident utilizes an IMS and has an assigned Incident Commander or Unified Command.
    • Every incident has safety addressed either through the role of the IC or UC (smaller incidents) or through designation of an Incident Safety Officer.
    • Crews must be rotated periodically in extended or complex incidents.
    • Every emergency incident has established control zones by IC that are clearly identified and marked in a conspicuous manner whenever possible. The locations of the control zones must be shared with every team member or responder before they are assigned to any control zone.
    • Minimum of 4 adequately trained members respond before entry into an IDLH. Two-in, two-out followed unless imminent danger to life exists. (Immediate rescue)
    • Positive pressure SCBA or supplied air respirators with a 5-minute rescue bottle only in IDLHs.
    • A personnel accountability system must be utilized. 
    • Rapid Intervention Crew (RIC) must be established as soon as feasible at structural fires when crews are operating in IDLH.
    • An adequate communication plan and system must be established and used during incident operations. 
    • Establish Rehab with medical monitoring as well as traffic control procedures when needed.
    • When using skilled support workers (SSW) (tow operators, equipment operators, industry reps) agency must ensure they are properly protected, using appropriate PPE, and are properly escorted when operating at an incident.
  • Every response agency must establish SOPs addressing all areas of operation and readiness. Specific areas include: PPE wear, use, cleaning, inspection and repair; Post-incident decontamination and contamination prevention of team members including gross decontamination, showering and hygiene; radio communications procedures; Mayday procedures; operations at vacant dwellings; medical monitoring and rehab; crime scenes; traffic incident operations.
  • Post-incident analysis must be performed on any significant event such as a large-scale event, a near-miss event, any team member, responder or SSW injury or illness requiring treatment or fatality.
  • The agency performance to meet the ERP must be reviewed annually and any discrepancies must be addressed. 
What Standards are Included By Reference?

The following standards have been included by reference and any section therein with a ‘shall’ or ‘must’ statement are to be complied with:

  • NFPA 1001, Standard for Structural Fire Fighter Professional Qualifications, 2019 ed.
  • NFPA 1002, Standard for Fire Apparatus Driver/Operator Professional Qualifications, 2017 ed.
  • NFPA 1005, Standard for Professional Qualifications for Marine Fire Fighting for Land-Based Fire Fighters, 2019 ed.
  • NFPA 1006, Standard for Technical Rescue Personnel Professional Qualifications, 2021 ed.
  • NFPA 1021, Standard for Fire Officer Professional Qualifications, 2020 ed.
  • NFPA 1081, Standard for Facility Fire Brigade Member Professional Qualifications, 2018 ed.
  • NFPA 1140, Standard for Wildland Fire Protection, 2022 ed.
  • NFPA 1407, Standard for Training Fire Service Rapid Intervention Crews, 2020 ed.
  • NFPA 1582, Standard on Comprehensive Occupational Medical Program for Fire Departments, 2022 ed.
  • NFPA 1910, Standard for the Inspection, Maintenance, Refurbishment, Testing, and Retirement of In-Service Emergency Vehicles and Marine Firefighting Vessels, 2024 ed.
  • NFPA 1951, Standard on Protective Ensembles for Technical Rescue Incidents, 2020 ed.
  • NFPA 1952, Standard on Surface Water Operations Protective Clothing and Equipment, 2021 ed.
  • NFPA 1953, Standard on Protective Ensembles for Contaminated Water Diving, 2021 ed.
  • NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, 2018 ed.
  • NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire Fighting and Urban Interface Fire Fighting, 2022 ed.
  • NFPA 1981, Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for Emergency Services, 2019 ed.
  • NFPA 1982, Standard on Personal Alert Safety Systems (PASS), 2018 ed.
  • NFPA 1984, Standards on Respirators for Wildland Fire-Fighting Operations and Wildland Urban Interface Operations, 2022 ed.
  • NFPA 1986, Standard on Respiratory Protection Equipment for Tactical and Technical Operations, 2023 ed.
  • NFPA 1987, Standard on Combination Unit Respirator Systems for Tactical and Technical Operations, 2023 ed.
  • NFPA 1990, Standard for Protective Ensembles for Hazardous Materials and CBRN Operations, 2022 ed.
  • NFPA 1999, Standard on Protective Clothing and Ensembles for Emergency Medical Operations, 2018 ed.
  • ANSI/ISEA 207, American National Standard for High-Visibility Public Safety Vests, 2011 ed.
Questions and Comments?

Woodward, Chief of Legislative & Regulatory Affairs,  [email protected], (202)-887-5700 x134

Dave Denniston, NVFC OSHA Task Force Chair, [email protected], (607) 423-1636

NVFC Webinar: Update from OSHA on the Proposed Emergency Response Standard

May 9, 2024 11:00 AM Pacific

On February 5, the Occupational Safety and Health Administration (OSHA) published the proposed new Emergency Response Standard, and the public has until June 21 to provide comments. If adopted as is, this proposed standard would bring immense challenges to volunteer departments, and some may even be forced to shut down. It is important that the volunteer fire and emergency service understand how this rule would impact them and provide their comments to OSHA before June 21. This NVFC presentation will allow you to hear directly from OSHA staff about how volunteers would be impacted by this standard and what you can do to make your voice heard.

Important Note

Due to this being a pending federal rulemaking, the presenters from OSHA will not be able to take comments on the proposed standard. They will only be able to provide clarifications on the content of notice of proposed rulemaking or guidance on where and how to submit a public comment.

Presenters

  • Mark Hagemann – Director, Office of Safety Systems, Directorate of Standards and Guidance, OSHA
  • Bill Hamilton – Fire Protection Engineer, Office of Safety Systems, Directorate of Standards and Guidance, OSHA

2024 Annual NSFA Training Conference

Registration is now open for the 89th annual training conference!

JUNE 19th – 22nd, 2024
Lovelock, NV

The Lovelock Volunteer Fire Department is excited to welcome you to the 89th Annual Conference for the Nevada State Firefighter’s Association (NSFA) on June 19 to June 22, 2024 in Lovelock, NV.

The Annual Conference is an opportunity for Nevada’s First Responder community to reunite with old friends, meet new ones, build camaraderie, share ideas, participate in top notch training, and raise money to support the various funds and scholarships provided by the NSFA.

Pre-Conference Activities

Pre-Conference activities on Wednesday will include a golf tournament, trap shooting, and wrap up with a Meet & Greet Mixer where members can socialize and join in a cornhole tournament.

Conference Activities

During the conference there will be opportunities for members to receive great training from a multitude of instructors. Some of the presentations and trainings will include the Mental Health and Peer Support, 5 Rights of the First Line, Forceable Entry and From Boots to Bugles presented by Hortons & Hunt, various EMS courses (which will be CEU based), Additionally, the Nevada State Fire Marshal will be bringing its new burn trailer and confined space trailer. As always, we will be doing the manipulative skills competition, water fights, and monkey drills!

Evening activities will include a BBQ and horseshoe tournament at the museum on Thursday and a sponsored BBQ and street dance to celebrate the 100th Anniversary of the Lovelock Volunteer Fire Department on Friday at the firehouse. The Annual Banquet and auction will be held on Saturday.

Guest/Spouse Activities

Spouses and guests can sign up for three events. The first will be a fun centerpiece making event @ Temptations, The second will be a wine tasting & Activities @ Kruse Road Winery and the third will be a Cookie Decorating & Mimosa/Continental Breakfast @ LVFD Firehouse.

Remembering Past President Steve Carr

It is with heavy hearts that we share the news of the passing of Steve Carr, the esteemed past president of the Nevada State Firefighters Association. Steve dedicated his life to serving the community and played a pivotal role in advancing the mission of the association. His leadership, commitment, and passion for firefighting left an indelible mark on the organization and the firefighting community as a whole.

In honor of Steve’s memory, friends, colleagues, and community members are invited to join us in a memorial service on Friday, December 8th, at 11 am. The service will be held at the Fernley Main Station, a place that holds significant meaning for Steve and the firefighting community he so faithfully served. This will be an opportunity for us to come together, share our memories, and celebrate the life of a remarkable individual who made a lasting impact on the firefighting community in Nevada.

As we gather to remember Steve Carr, let us reflect on the legacy he leaves behind and the inspiration he provided to all who had the privilege of working alongside him. In this difficult time, the support of the community is invaluable, and we hope to see many faces on Friday as we pay tribute to a leader, mentor, and friend.

City of Ely Firefighter Recruitment

CITY OF ELY FIRE DEPARTMENT IS ACCEPTING APPLICATIONS FOR FIREFIGHTER TRAINEE AND FIREFIGHTER AEMT/PARAMEDIC.

Applications accepted until position is filled. Testing dates will be appointed after an application is submitted. Applications can be found at City of Ely Employment. Please email all applications to [email protected]. Please call (775) 289-6633 with any questions.


Firefighter Trainee

Minimum Qualifications

  • NREMT EMT, NREMT AEMT or NREMT Paramedic
  • AHA BLS CPR
  • AEMT Within 10 Months of Employment
  • Firefighter 1 Certification within 1 year of employment

*Training will be provided in-house to obtain certifications

Starting Salary

$54,954 – $61,060

*Starting salary is dependent on current certifications and experience


Firefighter AEMT/Paramedic

Minimum Qualifications

  • NREMT AEMT or NREMT Paramedic
  • AHA BLS CPR
  • Firefighter 1
  • Class B CDL within 1 year of employment

Starting Salary

$66,433 – $67,501

*Starting salary is dependent on current certifications and experience


Employment Benefits

Retirement

Nevada Public Employment Retirement System (NVPERS)

Insurance

Medical, Dental, Vision, and Life

Leave

Annual, Sick, Bereavement, and Holiday

Schedule

24HR schedule with 8 Consecutive Days off once a month

Fire Shows West Funding Opportunities

Good evening NSFA members!

Fire Shows West is coming up September 18-20th. If you are planning on attending, here are two ways you can lessen the cost.

The NSFA has chosen to offer unused stipends from conference to those who would like to attend Fire Shows West. Applications must be turned in by August 8th.

The Association offers $250.00 stipends to assist members in good standing to attend various training events throughout the State of Nevada, including the Annual Training Conference. With the ever increasing cost of travel and reduction in fire department budgets, we hope this will assist you in attending training through the NSFA.

The second way is by applying for Dayle Wellbrock scholarship through Fire Shows West. This application is due July, 15th!

What is the mission for the Dayle Wellbrock Scholarship?

The mission of the scholarship is to allow members of the fire and emergency services to offer new insights and set new directions to an issue that currently pose challenges to the fire and emergency services.

What will this Scholarship Award cover?
  • A full Conference pass to the FireShowsWest conference
  • $500 stipend for travel and meals
  • Hotel accommodations for three nights
  • Participate on a panel discussion during the conference relating to the program topic’s issues in the fire service

Thank You for Attending the 88th Annual Training Conference

On behalf of the NSFA Board we would like to thank Lee Engine Company- Elko Volunteer Fire Department for hosting, and you all for supporting the 88th Annual Conference this last week. We hope you enjoyed yourself in the Elko community, and were able to learn some skills from our amazing instructors that you can take back to your respective agencies and departments.

A few Conference highlights:

  • 159 registrants representing 29 different departments, rescue teams, or state agencies
  • 15 vendors representing a wide variety of businesses related to emergency response
  • A wide variety of classroom and hands-on training in a variety of categories (Leadership, HAZMAT, EMS, Fire, Rope Rescue, PTSD, and Emotional Intelligence)
  • $14,000 raised to support the four funds of the NSFA (Benevolence, Burn Fund, Widows & Orphans, and Scholarship)

If you have a moment, please follow the link below and fill out the Conference Evaluation (this is the same survey as the paper copy that was at the conference)

NSFA Conference Evaluation

Thank you for your support, and we hope to see you next year in Lovelock!

NSFA Room Block Reminder

We hope everyone is getting excited for conference!

A reminder that the final day to reserve rooms at a discounted rate is 5/31/2023. A block of rooms and RV spots have been reserved at the Maverick Casino and the Gold Country Inn & Casino. To reserve a room please contact the following:

Maverick Casino– (775) 738-2111 or (775) 753-0586

Gold Country Inn & Casino– (775) 738-8421 or (775) 753-0586

Request rooms under the “NSFA ELKO CONFERENCE 2023”

Options Available:
·         Maverick Executive King
o   June 21, 2022: $116.28 per night
o   June 22-23, 2022: $128.82 per night
·         Maverick Premium Kings & Premium Two Queens
o   June 21, 2022: $104.88, per night
o   June 22-23, 2022: $117.42 per night
·         Maverick Standard Two Queens
o   June 21, 2022: $93.48 per night
o   June 22-23, 2022: $106.02 per night
·         Gold Country Inn & Casino Deluxe Two Queens
o   $107.16 per night
·         Gold Country Inn & Casino Premium King
o   $118.56 per night
·         Gold Country Inn & Casino Single Queen
o   $90.06, per night
·         Gold Country Inn & Casino RV
o   $34.20 per night