Tuesday, December 19, 2023

OMB Approves OSHA Emergency Response NPRM

Yesterday, OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking from DOL’s Occupational Safety and Health Administration (OSHA) for “Emergency Response”. The rule was submitted to OIRA on October 30th, 2023.

According to the Fall 2023 Unified Agenda entry for this rulemaking:

“OSHA currently regulates aspects of emergency response and preparedness; some of these standards were promulgated decades ago, and none were designed as comprehensive emergency response standards.  Consequently, they do not address the full range of hazards or concerns currently facing emergency responders, and other workers providing skilled support, nor do they reflect major changes in performance specifications for protective clothing and equipment. The agency acknowledges that current OSHA standards also do not reflect all the major developments in safety and health practices that have already been accepted by the emergency response community and incorporated into industry consensus standards. OSHA is considering updating these standards with information gathered through an RFI and public meetings.”

The OSHA Emergency Response Rulemaking page has been updated with a link to the Spring 2023 Unified Agenda page for the rulemaking (replacing the Fall 2022 Unified Agenda link). The Fall 2023 Unified Agenda page has been expanded to include sections (which provide little effective information) on:

Summary of legal basis,

Alternatives,

Anticipated costs and benefits, and

Risks

We could possibly see this rulemaking appear in the Federal Register this week, but I suspect that it will come after Christmas.

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