Next Steps for OSHA’s Proposed Emergency Response Standard

January 21, 2025

The post-hearing public comment period for the Occupational Safety and Health Administration’s (OSHA) proposed Emergency Response Standard concluded on January 17. This ended a nearly year-long process of public comment periods and hearings that began when the proposed standard was published in the Federal Register on February 5, 2024. The National Volunteer Fire Council submitted post hearing public comments and legal comments ahead of last Friday’s deadline.

So, what happens now? OSHA will review the comments it has received during this most recent public comment period. After the conclusion of this review it can take different actions, which include adopting the proposed standard as-is, adopting a revised standard, or opening an additional public comment on a revised proposed standard. If OSHA adopts an Emergency Response Standard that is still harmful to volunteer departments, the standard could be challenged in court or Congress could vote it down.

Additionally, in a move that is common in recent new presidential administrations, the new Trump Administration placed a pause on all pending regulatory actions (including the Emergency Response Standard) pending further review. Find additional information and status updates on the proposed standard here.