VACo recently submitted comments to the Occupational Safety and Health Administration (OSHA) regarding its proposed rule to modernize protections for emergency response workers, who often face substantial occupational hazards. While VACo understands the need to update the standards, we are concerned that the proposed changes, in their current form, could have a substantial impact and impose significant unfunded mandates on local fire organizations and governments. VACo has also informed the Virginia Department of Fire Programs (VDFP) of our concerns as they are coordinating state responses with the Virginia Department of Labor and Industry (DOLI).
As previously reported, this long-developed proposal, officially published in the Federal Register on February 5, 2024, though laudable in its intent, poses potential challenges for local fire organizations and local governments if implemented in its current form. Local governments across Virginia are struggling to maintain necessary fire services in a time of increased call volume, level state funding, and declining volunteerism. More than 70 percent of fire departments in Virginia are volunteer organizations. If the proposed rule goes through in its current form, it will pose yet one more challenge to local governments in the form of an unfunded mandate.
In terms of next steps, OSHA published a notice in July announcing a formal hearing on the proposed emergency standard that will be held on Tuesday, November 12 at 9:30 a.m. Additional information if you are interested in testifying and/or submitting questions can be found here. VACo has registered and encourages interested members and/or their fire services organizations to register and also submit testimony.
VACo joins the National Association of Counties (NACo) and the National League of Cities (NCL) who also submitted comments. NACo is also part of a workgroup with the Small Business Administration’s (SBA) office of advocacy that will have a call on September 20th in which more information on the hearing and other potential updates around the proposed rule will be discussed. More information and NACo’s comments can be found here.
According to VDFP, a final standard from OSHA could take several years to be published. VACo will continue to engage and provide updates on this issue as they develop.
VACo Contact: Jeremy R. Bennett