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12 September 2007
[Federal Register: September 11, 2007 (Volume 72, Number 175)]
[Proposed Rules]
[Page 51735-51743]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se07-18]
=======================================================================
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. H-010]
RIN 1218-AC17
Emergency Response and Preparedness
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: Elements of emergency responder health and safety are
currently regulated by OSHA primarily under the following standards:
The Hazardous Waste Operations and Emergency Response Standard; the
personal protective equipment general requirements standard; the
respiratory protection standard; the permit-required confined space
standard; the fire brigade standard; and the bloodborne pathogens
standard. Some of these standards were promulgated decades ago, and
none was designed as a comprehensive emergency response standard.
Consequently, they do not address the full range of hazards or concerns
currently facing emergency responders, nor do they reflect major
changes in performance specifications for protective clothing and
equipment. Current OSHA standards also do not reflect all the major
improvements in safety and health practices that have already been
accepted by the emergency response community and incorporated into
industry consensus standards.
OSHA is requesting information and comment from the public to
evaluate what action, if any, the Agency should take to further address
emergency response and preparedness. The Agency will be considering
emergency response and preparedness at common emergencies (e.g., fires
or emergency medical and other rescue situations), as well as large
scale emergencies (e.g., natural and intentional disasters). OSHA's
areas of interest are primarily: personal protective equipment;
training and qualifications; medical evaluation and health monitoring;
and safety management. The agency will also be evaluating the types of
personnel who would constitute either emergency responders or skilled
support employees at such events, as well as the range of activities
that might constitute emergency response and preparedness.
DATES: Comments must be submitted by the following dates:
Hard copy: Your comments must be submitted (postmarked or sent) by
December 10, 2007.
Facsimile and electronic transmission: Your comments must be sent
by December 10, 2007.
ADDRESSES: You may submit comments, requests for hearings and
additional materials by any of the following methods:
Electronically: You may submit comments, requests for hearings, and
attachments electronically at http://www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the instructions on-line for making
electronic submissions.
Fax: If your submissions, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger or courier service:
You must submit three copies of your comments, requests for hearings
and attachments to the OSHA Docket Office, Docket No. S-023B, U.S.
Department of Labor, Room N-2625, 200 Constitution Avenue, NW.,
Washington, DC 20210. Deliveries (hand, express mail, messenger and
courier service) are accepted during the Department of Labor's and
Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and the
OSHA docket number for this rulemaking (OSHA Docket No. S-023B).
Submissions, including any personal information you provide, are placed
in the public docket without change and may be made available online at
http://www.regulations.gov.
Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the
[[Page 51736]]
docket are listed in the http://www.regulations.gov index, however,
some information (e.g., copyrighted material) is not publicly available
to read or download through the Web site. All submissions, including
copyrighted material, are available for inspection and copying at the
OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT: Press Inquiries: Kevin Ropp, Director,
OSHA Office of Communications, Room N-3647, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202)
693-1999.
General and Technical Information: Carol Jones, Acting Director,
Office of Biological Hazards, OSHA Directorate of Standards and
Guidance, Room N-3718, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone: (202) 693-2299.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Request for Data, Information and Comments
A. The Scope of Emergency Response
B. Personal Protective Equipment
C. Training and Qualifications
D. Medical Evaluation and Health Monitoring
E. Safety
F. Additional Information
III. Public Participation
IV. Authority and Signature
I. Background
There were more than 21 million emergency response incidents in
2002 (see Table 1). Emergency responders include: Firefighters,
emergency medical service personnel, hazardous material employees, and
technical rescue specialists. Law enforcement officers are also usually
considered emergency responders and are often called to assist in
emergency response incidents. OSHA notes, however, that it has not
promulgated standards specifically addressing occupational hazards that
are inherently and uniquely related to law enforcement activities. Many
emergency responders are cross-trained and may serve in multiple roles
depending upon the nature of the emergency incident. The hazards that
emergency responders face will also vary depending upon the type of
incident. In addition to emergency responders, skilled support
employees can also play an important role in emergency response.
Skilled support employees are not emergency responders, but nonetheless
have specialized training that can be important to the safe and
successful resolution of an emergency incident, such as operating heavy
equipment or shutting down electrical power or natural gas.
Emergency response, which includes firefighting, is one of the most
hazardous occupations in America. The United States Fire Administration
has recently reported that 111 firefighters died in 2003, and that, on
average, 100 firefighters have died each year for the last ten years
(excluding the fatalities attributable to the terrorist attacks of
September 11, 2001) (Ex. 1-2). Furthermore, the National Fire
Protection Association (NFPA) reported that during the 10-year period
of 1993-2002, approximately 594,000 firefighters were injured in the
line of duty at emergency response incidents. The average annual rate
of firefighter injuries is more than 59,000 per year for this period
(Ex. 1-2).
Table 1.--Distribution of 2002 U.S. Emergency Incidents as Reported by
the National Fire Protection Association
------------------------------------------------------------------------
Emergency response Number
------------------------------------------------------------------------
Fires................................................... 1,687,500
Medical Aid............................................. 12,903,000
False Alarms............................................ 2,116,000
Mutual Aid/Assistance................................... 888,500
Hazmat.................................................. 361,000
Other Hazardous (Arcing wires, bomb removal, etc.)...... 603,500
All Other (Smoke scares, lock-outs, etc.)............... 2,744,000
---------------
Total............................................... 21,303,500
------------------------------------------------------------------------
(Source: Ex. 1-3)
While the preceding statistics concern firefighters, this Request
for Information is intended to gather information about all emergency
responders and skilled support employees. However, injury and illness
rates for other facets of emergency response are difficult to determine
due to the multiple roles of some responders (e.g., many firefighters
are also EMTs) and a lack of specific data (e.g., injury and illness
rates of skilled support employees, such as heavy equipment operators,
arising directly from emergency response activities). OSHA is
interested in receiving information about the number and types of
responder fatalities, injuries, and illnesses incurred during emergency
incidents.
A recent report by the U.S. Fire Administration, A Needs Assessment
of the U.S. Fire Service, examined the condition of the fire service
and its ability to respond to incidents, both large and small (Ex. 1-
4). The report found that fire departments of all sizes have unmet
needs relating to both their traditional firefighting responsibilities
and their new homeland security-related responsibilities. In addition,
another report by the U.S. Fire Administration and the National Fallen
Firefighters Foundation, Firefighter Life Safety Summit Initial Report,
found that there are many significant health and safety concerns among
the fire service (Ex. 1-5). The report recognized the need for national
standards on training, qualifications, medical and physical fitness, as
well as for emergency response policies and procedures. A series of
three joint reports by the National Institute for Occupational Safety
and Health (NIOSH) and the RAND Corporation (RAND) have also recognized
a need for further standards in order to improve the operational
response to terrorist attacks and better protect the health and safety
of emergency responders (Protecting Emergency Responders: Lessons
Learned from Terrorist Attacks; Protecting Emergency Responders (Ex. 1-
6); Volume 2: Community Views of Safety and Health Risks and Personal
Protection Needs; and Protecting Emergency Responders (Ex. 1-7); Volume
3: Safety Management in Disaster and Terrorism Response (Ex. 1-8)).
Furthermore, the Homeland Security Act of 2002 (6 U.S.C. 101) and
Homeland Security Presidential Directive 8 (HSPD8),
which were established to strengthen the preparedness of the United
States to prevent and respond to threatened or actual domestic
terrorist attacks, major disasters, and other emergencies, have changed
the Federal approach to emergency response and preparedness
capabilities at Federal, State, and local entities (Ex. 1-9). In March
of 2004, the Department of Homeland Security published the National
Incident Management System (NIMS) (Ex. 1-10). This system provides a
consistent nationwide approach for Federal, State, local and tribal
governments to work effectively and efficiently together to prepare
for, prevent, respond to, and recover from domestic incidents,
regardless of cause, size, or complexity. Homeland Security
Presidential Directive 5 (HSPD5) requires all Federal
agencies to implement NIMS, and also requires Federal agencies to make
the NIMS a required element for receiving State and local preparedness
grant funding (Ex. 1-11). Additionally, in January 2005, the Department
of Homeland Security released the National Response Plan (NRP), which
establishes a comprehensive all-hazards approach to enhance the ability
of the United States to manage domestic
[[Page 51737]]
incidents (Ex. 1-12). The NRP incorporates best practices and
procedures from incident management disciplines--homeland security,
emergency management, law enforcement, firefighting, public works,
public health, responder and recovery worker health and safety,
emergency medical services, and the private sector--and integrates them
into a unified structure. The NRP forms the basis of how Federal
departments and agencies will work together and how the Federal
government will coordinate with State, local, and tribal governments
and the private sector during incidents. In addition, the NRP
establishes protocols that are applicable to emergency responders and
skilled support employees in order to help protect the nation from
terrorist attacks and other natural and manmade hazards; save lives;
protect public health, safety, property, and the environment; and
reduce adverse psychological consequences and disruptions to the
American way of life.
OSHA addresses the elements of emergency responder health and
safety primarily by the following OSHA standards: The hazardous waste
operations and emergency response standard (29 CFR 1910.120); the
personal protective equipment general requirements standard (29 CFR
1910.132); the respiratory protection standard (29 CFR 1910.134); the
permit-required confined space standard (29 CFR 1910.146); the fire
brigade standard (29 CFR 1910.156); and the bloodborne pathogens
standard (29 CFR 1910.1030). These standards were designed to address
the health and safety needs of employees over a broad cross-section of
industries and workplaces. None of these standards was designed as a
comprehensive emergency response standard, and as a result, specific
hazards are addressed in a piecemeal manner, and important concepts in
emergency management are not addressed at all.
In addition, the OSHA standards do not address the full range of
hazards or concerns currently facing emergency responders. Some of
these standards rely on outdated performance specifications for
protective equipment. For example, the current standard on
firefighters' protective clothing is based on the 1975 edition of the
NFPA 1971 standard. Current OSHA standards do not reflect many of the
major developments in safety and health practices that have already
been accepted by the emergency response community and incorporated into
the consensus standards promulgated by the NFPA and other standards
development organizations. For example, the use of an incident
management system is currently required only by the Hazardous Waste
Operations and Emergency Response Standard (29 CFR 1910.120). While the
Hazardous Waste Operations and Emergency Response Standard does cover
hazardous materials incidents, it does not cover most types of
emergency incidents (e.g., fires, technical rescue, structural collapse
or natural disasters).
In addition, coverage issues impact the Agency's activities in
these areas. Many emergency responders are state and local government
employees who are covered by requirements in State or local laws,
either under the authority of an OSHA-approved state plan or through
voluntarily established State protection programs rather than under
Federal rules. In the case of the Hazardous Waste Operations and
Emergency Response Standard, State and local employees in States
without an OSHA-approved plan are also covered under an Environmental
Protection Agency standard (40 CFR 311) that incorporates the OSHA
requirements by reference.
State and local government employees are excluded from OSHA
coverage under the Occupational Safety and Health Act of 1970 (the
``OSH Act''). However, pursuant to Section 18 of the OSH Act, there are
26 States and territories operating their own workplace safety and
health programs under plans approved by OSHA (``State plans''), which
are required to extend their coverage to public sector (State and local
government) employees and employers in those jurisdictions, including
many emergency responders.
The 21 States and one territory covering both private sector and
State and local government employment have primary responsibility for
the OSHA program in their jurisdictions. All State plans, including the
4 covering only State and local government, are responsible for
adopting and enforcing standards which are ``at least as effective as''
Federal OSHA standards, and for providing compliance assistance to
employers and employees under their jurisdiction. Some State plans have
adopted different or supplemental standards or guidance regarding
emergency response and preparedness that exceed the existing Federal
OSHA standards. Some States have established public employer employee
protection programs without OSHA State Plan approval and funding. Many
other public sector employers still rely on the OSHA standards as an
important guide in safety and health matters, even though they are not
legally required to do so.
OSHA has significant experience and expertise on matters related to
emergency responder health and safety. OSHA personnel, as well as
personnel from the OSHA-approved State plans, routinely respond to
emergencies to provide technical assistance and assure employee safety.
Following the terrorist attacks at the World Trade Center on September
11, 2001, OSHA helped establish a strong and effective public-private
partnership to help ensure protection for the employees at the site. At
the national level, the Department of Labor, OSHA, has been designated
the coordinating agency for employee safety and health under the
National Response Plan (NRP). Additionally, many of the OSHA-approved
State plans are working to establish a parallel role within their State
emergency response structure and have implemented or assisted in the
development of emergency preparedness and homeland security related
initiatives and guidance materials at the State level.
The Agency has developed a wide range of technical assistance and
guidance documents about the issue of emergency response as well as
emergency responder health and safety (http://www.osha.gov/SLTC/emergencypreparedness/index.html
). The OSHA Training Institute offers a
variety of courses on topics essential to the safety and health of both
uniformed emergency responders and skilled support employees (http://www.osha.gov/dcsp/ote/index.html
). In addition, OSHA, in collaboration
with the National Institute of Environmental Health Sciences (NIEHS),
has developed a pre-event hazards awareness course for Disaster Site
Workers who may respond as skilled support employees to natural or man-
made emergencies (e.g., heavy equipment operators, construction
workers, and electrical power or natural gas utility employees). This
course is taught by OSHA Training Institute Education Centers and OSHA-
authorized trainers.
On August 29, 2005, Hurricane Katrina devastated the Gulf Coast of
the southeastern United States; the City of New Orleans was
particularly affected. The emergency response to Hurricane Katrina
underscored the importance of planning and preparedness, as well as the
multidisciplinary nature of emergency response. OSHA expects that the
lessons learned from this incident will be represented in the responses
to this Request for Information alongside the lessons learned from both
more common events as well as other events of national significance.
[[Page 51738]]
OSHA is requesting information and comment from the public to
evaluate what action, if any, the Agency should take to further address
emergency response and preparedness.
II. Request for Data, Information and Comments
The following questions have been provided to facilitate the
collection of the needed information and to make it easier for the
public to comment on relevant issues. The questions are grouped into
five broad categories: The scope of emergency response; personal
protective equipment; training and qualifications; medical evaluation
and health monitoring; and safety. However, commenters are encouraged
to address any aspect of emergency response and preparedness that they
feel would assist the Agency in considering appropriate action on the
matter. The Agency is particularly interested in ways to incorporate
flexibility into its standards to make them more suited to the demands
of emergency response activities. A detailed response to questions, as
well as your rationale or reasoning for the position, rather than
simply replying ``yes'' or ``no,'' is requested. Also, relevant data
that may be useful to OSHA's deliberations, or in conducting an
analysis of impacts of future Agency actions, should be submitted. In
order to assess the costs, benefits or feasibility of any possible
regulatory intervention, the Agency needs specific quantitative
information on various safety measures being discussed. Therefore, for
those instances where you recommend a specific intervention, any data
in terms of costs and benefits that helps form the recommendation would
be valuable. The usefulness of your response will be increased if they
are tied to the categories and sections. Please label your responses
with the lettered category and question number.
A. The Scope of Emergency Response
The terms ``emergency response'' and ``emergency responder'' have
been defined and used differently in various government laws and
regulations as well as industry consensus standards and reports.
Additionally, emergency response work is unlike many other types of
employment, in that the actual work site and hazards will vary based
upon the location and nature of the incident. As the Agency considers
the issue of emergency response, it is important to define the scope
and nature of work activities that might be called emergency response
and preparedness, as well as the types of employees and work activities
that might be associated with emergency response and preparedness.
1. Emergency response and preparedness activities occur at both
common incidents (e.g., fires, car accidents, or structural collapses)
and rare or unexpected incidents (e.g., natural disasters, terrorist
attacks, or special events that require enhanced preparedness). If the
Agency takes action on emergency response and preparedness, should it
consider either all types of emergency incidents (e.g., both common and
rare events) or should certain types of incidents be excluded? If you
believe a limited range is appropriate, what types of incidents or
activities should be included or excluded?
2. Emergency response and preparedness activities have historically
included a range of events from pre-planning for an emergency, to the
actual emergency response, and, ultimately, to remediation/recovery.
Should OSHA consider the full continuum of activities to be considered
``emergency response and preparedness''? If not, what is an appropriate
range of activities for the Agency to consider, and why?
3. What are the factors that should indicate when the emergency
response to an event has fully transitioned into remediation/recovery?
4. What types of work tasks (e.g., interior structural
firefighting, exterior firefighting, pre-hospital emergency medical
work, technical rescue, heavy equipment operation) should be considered
emergency response or skilled support work? What are the hazards
associated with each type of work task? Are there any specific work
tasks that should be excluded from consideration (e.g., work that is
inherently and exclusively performed by law enforcement officers)?
5. Are there any new data that describe the nature, magnitude, or
impact of emergency response and preparedness operations (e.g., type
and number of incidents, type and quantity of employees considered
emergency responders, financial costs, or occupational injuries,
illnesses, and fatalities) that OSHA should consider when evaluating
the issue of emergency response and preparedness? In particular, are
there relevant data on skilled support employees at emergency incidents
or during preparedness activities?
6. Many emergency responders are State, county or municipal
employees in States with OSHA-approved safety and health plans who are
subject to the requirements of the State Plan-equivalent of the current
OSHA standards in the same manner as private sector employees. As OSHA
considers the necessity for further action on the safety and health of
emergency responders, are there issues or concerns that are specific to
such employers or employees that the Agency should consider? If your
State has promulgated standards or issued guidance on emergency
response and preparedness that differs from the existing OSHA standards
and guidance, please describe the action taken as well as the impact
and effect on the user community. Are there any concerns specific to
the State agencies administering OSHA approved safety and health plans
regarding OSHA's consideration of action in this area?
7. In States that do not have OSHA-approved workplace safety and
health plans, to what extent are OSHA standards used as guidance for
emergency responders who are public sector employees or as guidance for
voluntary State public sector protection programs (e.g., personal
protective clothing and equipment, training, and safety procedures)?
B. Personal Protective Equipment
Since a great deal of emergency response work occurs in an
uncontrolled and dynamic work environment, personal protective
equipment is a particularly important aspect of assuring the responding
employees' health and safety. This section addresses a variety of types
of personal protective equipment that emergency responders might use,
depending on the nature of the hazards they face. The Agency is
particularly interested in determining appropriate national consensus
standards on the design and construction of such equipment as it
considers the issue of emergency response and preparedness.
8. The current OSHA standard for firefighters' protective clothing
is based upon the 1975 edition of ``NFPA 1971, Standard on Protective
Ensemble for Structural Fire Fighting.'' The NFPA standard specifies
the minimum design, performance, and certification requirements, and
test methods for structural firefighting protective ensembles that
include protective coats, protective trousers, protective coveralls,
helmets, gloves, footwear, and interface components. The OSHA standard
still allows treated fabrics as an acceptable outer shell material in
firefighters' protective clothing, rather than fabrics that are
inherently flame resistant. More recent editions of NFPA 1971, recently
renamed the Standard on Protective Ensemble for Structural Fire
Fighting and Proximity Fire Fighting, require the use of fabrics that
are inherently flame
[[Page 51739]]
resistant. Inherently flame resistant fabrics are made from fibers
where the flame resistance is an intrinsic property of the material,
whereas treated materials are only made flame resistant by the
application of a secondary chemical that can wear off or wash off over
time (Ex. 1-13). Is the 1975 edition of NFPA 1971 still an appropriate
standard for firefighters' protective clothing? Is the current edition
of the NFPA standard, including the requirement for inherently flame
resistant material, appropriate to consider? Should OSHA consider other
standards, such as those issued by the International Standards
Organization (ISO)?
9. With the exception of the shipyard fire protection standard (29
CFR 1915.505), OSHA standards do not require the use of a personal
alert safety system (PASS) device by firefighters in order to help
locate missing, trapped, or incapacitated firefighters. Is such a
device necessary and appropriate for firefighters' safety in non-
shipyard situations? If so, under what circumstances is it to be used?
Is the current edition of ``NFPA 1982, Standard on Personal Alert
Safety Systems (PASS)'' an appropriate standard to consider (Ex. 1-14)?
This standard specifies the NFPA minimum design, performance, and
certification requirements and test methods for all PASS to be used by
firefighters and other emergency services personnel who engage in
rescue, firefighting, and other hazardous duties. Are there additional
features of a personnel accountability system, other than these safety
devices, that should be an element of an emergency response system? Are
there emergency response situations, other than firefighting, that
should necessitate the use of a PASS device? Are emergency responders
at your workplace provided with PASS devices? What are the costs of
PASS devices or an alternate system? What is the expected service life
of such a device in your work environment? Are there any data on their
effectiveness?
10. It has been OSHA policy to enforce the use of ``NFPA 1976,
Standard on Protective Ensemble for Proximity Fire Fighting'' compliant
protective clothing and equipment for proximity firefighting (e.g., jet
fuel fires) (Standard Interpretations 04/03/1997--Appropriate
protective clothing for aircraft firefighting) The NFPA 1976 standard
has recently been subsumed in the NFPA 1971 standard on firefighter's
protective clothing (Ex. 1-13). This standard contains the NFPA minimum
design, performance, and certification requirements and the test
methods for proximity protective ensembles, including protective coats,
protective trousers, protective coveralls, helmets, gloves, footwear,
and interface components. Does the NFPA 1971 standard adequately
protect employees performing such proximity firefighting tasks? If not,
what other standards should OSHA consider?
11. Under the respiratory protection standard (29 CFR 1910.134),
OSHA requires that all self-contained breathing apparatus (SCBA) be
certified by the National Institute for Occupational Safety and Health
(NIOSH) (42 CFR part 84). Because NIOSH does not test SCBA for exposure
to heat and flame, is this certification adequate? Would it be
appropriate for all SCBAs used for firefighting or emergency response
to be certified by NIOSH and also certified as compliant with the
current edition of ``NFPA 1981, Standard on Open-Circuit Self-Contained
Breathing Apparatus (SCBA) Emergency Services'' (Ex. 1-15)? NFPA 1981
specifies the minimum requirements for the design, performance,
testing, and certification of open-circuit SCBA and combination open-
circuit self-contained breathing apparatus and supplied air respirators
(SCBA/SAR) for fire and emergency services personnel and includes tests
for heat and flame resistance. NIOSH requires this in its new Chemical,
Biological, Radiological, and Nuclear (CBRN) certification (42 CFR part
84). Are the SCBA currently used in your workplace compliant with the
NFPA 1981 standard?
12. Emergency response to weapons of mass destruction such as
chemical, biological, radiological, or nuclear (CBRN) agents has
increasingly become viewed as a component of a local emergency
response. The U.S. Department of Homeland Security (DHS) has adopted
NIOSH and NFPA standards for CBRN personal protective equipment (PPE).
For example, DHS requires CBRN chemical protective clothing to meet
``NFPA 1994, Standard on Protective Ensembles for CBRN Terrorism
Incidents'' (Ex. 1-16). This standard specifies the NFPA minimum
requirements for the design, performance, testing, documentation, and
certification of protective ensembles designed to protect fire and
emergency services personnel from chemical/biological terrorism agents.
These standards provide more detailed and stringent performance testing
requirements for PPE than the OSHA Hazardous Waste Operations and
Emergency Response Standard (29 CFR 1910.120), which requires only
minimal testing for chemical resistance and garment integrity. Under
what circumstances is protective clothing tested to meet the NIOSH and
NFPA standards necessary (e.g., all emergency responses, or emergency
response to a known or suspected CBRN agent, or only during remediation
or recovery)? Similarly, the Department of Homeland Security has
adopted ``NFPA 1991, Standard on Vapor-Protective Ensembles for
Hazardous Materials Emergencies'' for use against toxic industrial
chemical (TICs) and toxic industrial materials (TIMs) (Ex. 1-17). Are
there emergency response situations that would necessitate the use of
chemical protective clothing that was certified to NFPA chemical
protective clothing standards, which involves more thorough testing
than chemical protective clothing currently specified under the
Hazardous Waste Operations and Emergency Response Standard? Are there
any other standards on chemical protective clothing that OSHA should
consider?
13. Emergency medical service providers may be exposed to hazards
not common to other employees that have exposure to blood or body
fluids (e.g., jagged metal or broken glass from motor vehicle
accidents). Currently, OSHA's bloodborne pathogens standard (29 CFR
1910.1030) and respiratory protection standard (29 CFR 1910.134)
require personal protective equipment such as gloves, gowns, eye
protection, respirators, and surgical masks. Is there any PPE for pre-
hospital emergency medical service personnel (EMS), not currently
required by the bloodborne pathogens standard or the respiratory
protection standard (29 CFR 1910.134), which may be necessary to
protect EMS employees (e.g., ``NFPA 1999, Standard on Protective
Clothing for Emergency Medical Operations'') (Ex. 1-18)? NFPA 1999
specifies the NFPA minimum design, performance, testing, and
certification requirements for emergency medical clothing used by fire
and EMS personnel during EMS operations. Is such equipment currently
used in your workplace? What would such PPE cost and what is the
expected life of the equipment?
14. Is there any PPE for emergency responders providing technical
rescue services (e.g., vehicle extrication, high-angle rescue, swift-
water rescue) that may be necessary for protecting employees providing
such services? If so, under what circumstances should the use of such
equipment be considered necessary? Please describe specific tasks and
associated equipment that OSHA should consider. What would such PPE
cost and what is the expected life of the equipment?
[[Page 51740]]
15. Employees performing urban search and rescue (USAR) tasks may
be exposed to a variety of physical hazards from building debris as
well as incidental exposure to thermal, chemical, or biological
hazards. The Department of Homeland Security has adopted ``NFPA 1951,
Standard on Protective Ensemble for Technical Rescue Incidents '' for
emergency responders conducting USAR operations (Ex. 1-19). NFPA 1951
establishes the NFPA minimum requirements for garments, head
protection, gloves, and footwear, for fire and emergency services
personnel operating at technical rescue incidents involving building or
structural collapse, vehicle/person extrication, confined space entry,
trench/cave-in rescue, rope rescue, and similar incidents. What PPE may
be necessary for protecting these emergency responders? Is NFPA 1951 an
appropriate standard for OSHA to consider on the subject? Are there
other standards that OSHA should consider? What equipment is being used
currently in your workplace? What does the PPE cost, and how many
responders are equipped with it? What is the expected life of the
equipment?
16. Is there any other PPE, not already identified, that may be
necessary for emergency responders or skilled support personnel? What
is the equipment, what would it cost, and how many responders would
need to be equipped with it? What is the expected life of the
equipment?
C. Training and Qualifications
The knowledge, skills and abilities of emergency responders and
skilled support employees will depend largely on the training and
qualifications for required work tasks. Training and qualifications
typically include both initial training as well as any periodic
training (e.g., annual refresher training) that may be necessary to
maintain an appropriate level of functional capability.
17. The OSHA Fire Brigade standard (29 CFR 1910.156(c)) contains
broadly worded requirements on training and education and requires the
quality of such training to be ``similar to'' a number of State fire
training schools. Is this standard adequate to ensure firefighters are
appropriately trained to perform required tasks safely? If not, what
level of initial training and qualification is necessary to safely
perform fire fighting tasks? Is ``NFPA 1001, Standard for Fire Fighter
Professional Qualifications'' an appropriate standard to consider (Ex.
1-20)? NFPA 1001 identifies the minimum job performance requirements
for two levels of progression of firefighters whose duties are
primarily structural in nature. Are there other standards or
recommendations that OSHA should consider? What amount and type of
periodic refresher training should be considered the minimum necessary
for firefighters? What is the appropriate format for acquiring this
training? What are the training practices in your workplace?
18. The U.S. Department of Transportation (DOT), National Highway
Traffic Safety Administration (NHTSA), develops the National Standard
Curricula for all levels of EMS personnel. What level of initial
occupational health and safety training and qualification is necessary
to safely perform emergency medical services? Are there any additional
initial training requirements beyond the NHTSA standards appropriate
for OSHA to consider (e.g., training on emergency vehicle operation or
incident scene safety)? What amount and type of periodic refresher
training is necessary for EMS personnel? What are the current training
practices in your workplace?
19. OSHA does not currently require any specific training for
rescue technicians. What level of initial training and qualification is
necessary to safely perform technical rescue tasks? Is ``NFPA 1006,
Standard for Rescue Technician Professional Qualifications'' an
appropriate standard to consider (Ex. 1-21)? NFPA 1006 establishes the
NFPA minimum requirements necessary for fire service and other
emergency response personnel who perform technical rescue operations.
These include rope rescue, surface water rescue, vehicle and machinery
rescue, confined space rescue, structural collapse rescue, and trench
rescue. Are there other standards or recommendations that OSHA should
consider? What amount and type of annual refresher training should be
considered the minimum necessary for such emergency responders? What is
the appropriate format for acquiring this training (e.g., does this
require travel to a specialized training facility)? What are the
current training practices in your workplace?
20. Skilled support work at emergency incidents is work that is not
performed by an emergency responder (e.g., firefighter or EMS provider)
but is nonetheless a critical element of a safe and successful
emergency response, such as heavy equipment operation, utility shut-
off, and cutting and removal of iron work. The role of skilled support
employees at emergency incidents is only directly addressed in the
Hazardous Waste Operations and Emergency Response Standard (HAZWOPER)
(29 CFR 1910.120), which does not apply to all types of emergency
incidents. The standard requires skilled support employees that are
needed on a temporary basis for immediate emergency support work to be
given an initial briefing on necessary information but does not require
them to receive the full training provisions of the standard (29 CFR
1910.120(q)(4)). What level of initial training and qualification is
necessary to safely perform skilled support jobs? Should specific
training for skilled support personnel, other than the initial
briefing, be considered? Should refresher training on an annual or
other basis for such responders be considered? The OSHA Training
Institute has developed a 16-hour Disaster Site Worker Course
(7600) which emphasizes knowledge, precautions and personal
protection essential to maintaining an employee's personal safety and
health at a disaster site. Should skilled support personnel take the
OSHA Disaster Site Worker training course, or something similar, before
responding to a disaster or is just-in-time training sufficient and
appropriate? What are the current training practices in your workplace?
21. OSHA standards do not address the training or qualifications
for either emergency responders who operate emergency apparatus or
those personnel who may have to work on an active roadway during an
emergency response (e.g., responding to a car crash). Traffic accidents
involving emergency apparatus, as well as incidents where emergency
responders are struck by passing vehicles at incident scenes,
constitute a major source of injuries for emergency responders (Ex. 1-
22). Is there any training or qualifications on emergency vehicle
safety or incident scene safety (e.g., ``NFPA 1002, Standard for Fire
Apparatus Driver/Operator Professional Qualifications'') that should be
considered for emergency responders as a whole or for individual groups
of emergency responders, such as emergency vehicle drivers (Ex. 1-23)?
What is the appropriate format for acquiring this training? What are
the current training practices in your workplace?
22. The Hazardous Waste Operations and Emergency Response Standard
(29 CFR 1910.120), which does not apply to all types of emergency
incidents, requires that incident commanders have specialized training
beyond that of other employees. However, the Fire Brigade standard (29
CFR 1910.156) does not
[[Page 51741]]
require any additional or specialized training for fire officers that
will manage or supervise the emergency response incident. Should the
training and qualifications for fire officers be different than for
firefighters? If so, what level of training is appropriate for
officers? Is ``NFPA 1021, Standard for Fire Officer Professional
Qualifications,'' an appropriate standard to consider in evaluating
this issue (Ex. 1-24)? NFPA 1021 identifies the performance
requirements necessary to perform the duties of a fire officer and
specifically identifies four levels of training that progress with
increasing rank and increasing responsibility. Are there other
standards or recommendations OSHA should consider? What are the current
training practices in your workplace?
23. OSHA's Fire Brigade standard (29 CFR 1910.156) does not
distinguish between industrial fire brigades and other types of fire
departments that may respond to a wider range of emergency incidents at
a variety of locations. Should the minimum training and qualifications
for industrial fire brigade members be different than for other
firefighters? If so, what is an appropriate training standard for OSHA
to consider (e.g., ``NFPA 1081, Standard for Industrial Fire Brigade
Member Professional Qualifications'') (Ex. 1-25)? NFPA 1081 identifies
the NFPA minimum job performance requirements necessary to carry out
the duties of an individual who is a member of an organized industrial
fire brigade providing services at a specific facility or site. Are
there other standards or recommendations for fire brigades OSHA should
consider? What are the current training practices in your workplace?
24. During an emergency response the Hazardous Waste Operations and
Emergency Response Standard (29 CFR 1910.120), which does not cover all
emergency incidents, requires that the individual in charge of the
incident command system (ICS) designate a safety official. The safety
official has the authority to alter, suspend, or terminate any
activities that are deemed to be an imminent danger to employees. The
Hazardous Waste Operations and Emergency Response Standard does not
establish minimum training and qualifications for a safety official,
but the person must be knowledgeable in the operations being
implemented and able to identify and evaluate hazards with respect to
the operational safety. While the Hazardous Waste Operations and
Emergency Response Standard uses the term ``safety official,'' the
National Response Plan (NRP) and National Incident Management System
(NIMS) use the term ``safety officer.'' In practical application, is
there a distinction between these two individuals or do they
essentially perform the same function? The NIMS describes the duties
and functions of the safety officer at an emergency incident as
monitoring incident operations and advising the Incident Commander on
all matters relating to operational safety, including the health and
safety of emergency responder personnel. The NIMS also does not specify
the minimum training and qualifications to assume the role of safety
officer. What are the minimum training and qualifications that a safety
officer needs? Aside from responsibilities at an emergency incident,
should a safety officer have a role in the management of an emergency
response and preparedness program? If so, what should be a safety
officer's non-emergency duties and functions and how would they relate
to emergency response and preparedness?
25. Recently, there has been a greater emphasis on assuring
continuity of incident management from the local and state responder
level to the national level at incidents of national significance
managed under the National Response Plan (e.g., large natural
disasters). What training at the state and local level, if any, is
necessary to facilitate seamless emergency operations at a joint field
office (JFO) or area field office (AFO)?
26. What is the best way for OSHA to specify training for a given
emergency response role? For example:
By specifying a minimum number of hours of training;
By specifying training content based on job tasks;
By specifying that training be adequate to demonstrate
specified competencies;
By a combination of these methods; or
By some other method.
Additionally, the Federal Emergency Management Agency has been
working on a national credentialing system to verify training and
qualifications. Should the Agency consider credentialing systems in its
evaluation of training and qualifications?
D. Medical Evaluation/Health Monitoring
Emergency responders work in an environment where they may be
exposed to a variety of physical, chemical, or biological hazards. The
personal protective clothing and equipment that they use, as well as
the inherent nature of their work, can pose an additional physiologic
burden on emergency responders. Medical evaluation and health
monitoring is an important factor in assuring the health and safety of
emergency responders.
27. OSHA requires that hepatitis B vaccinations be made available
to employees potentially occupationally exposed to blood or other body
fluids in its bloodborne pathogen standard (29 CFR 1910.1030). Are
other vaccinations necessary for emergency responders? If so, which
vaccinations? What would these vaccinations cost? Would they need to be
repeated at some point? Would they be recommended for all emergency
responders or a particular subset? What are the current vaccination
practices in your workplace?
28. There are currently available vaccinations for anthrax and
smallpox, and other vaccinations could be developed in the future for
diseases such as hepatitis C. Employers can determine, based upon their
own risk assessment, if such vaccines are necessary and should be
offered to their employees. If vaccines other than the hepatitis B
vaccination are determined by the employer to be necessary for
emergency responders, should OSHA consider non-disease specific
administrative and recordkeeping procedures similar to those required
for the hepatitis B vaccine (29 CFR 1910.1030(f))? These procedures
could include requirements that the vaccine be made available at no
cost to the employee, available to the employee at a reasonable time
and place, and subject to appropriate medical screening. Are there any
elements of an assessment process that should be implemented before an
employer can determine that a vaccine is necessary, for example, a
determination by the Centers for Disease Control and Prevention's
Advisory Committee on Immunization Practices (ACIP) or other
appropriate medical recommendation?
29. Medical evaluations for emergency responders are currently
regulated under the Fire Brigade (29 CFR 1910.156), Respiratory
Protection (29 CFR 1910.134), and Hazardous Waste Operations and
Emergency Response (29 CFR 1910.120) standards. The Fire Brigade
Standard requires that employers not permit employees with known heart
disease, epilepsy, or emphysema to perform emergency response work
unless approved by a physician. The respiratory protection standard
requires that a physician or other licensed health care professional
evaluate an employees' ability to use a respirator. Such an evaluation
may consist solely of a medical questionnaire. The Hazardous Waste
[[Page 51742]]
Operations and Emergency Response Standard has more extensive
requirements for an annual medical evaluation. Is ``NFPA 1582,
Comprehensive Occupational Medical Program for Fire Departments'' an
appropriate medical evaluation for firefighters (Ex. 1-26)? NFPA 1582
contains descriptive requirements for a comprehensive occupational
medical program to ensure that fire department members are medically
capable of performing their required duties. Are there other medical
evaluation standards that are appropriate for either firefighters or
emergency responders who perform tasks other than firefighting? For
emergency responders who do not perform firefighting tasks, what
elements of a medical evaluation are necessary to assure that they are
physically capable of performing essential job tasks while wearing an
array of possibly physically burdensome personal protective clothing
and equipment? How often should a medical evaluation for emergency
responders be conducted? Please address the following types of medical
evaluation: Pre-placement, return-to-work, annual fitness for duty
evaluation, and periodic medical surveillance. What is the cost to the
employer of these recommended medical evaluations for emergency
responders? How is the medical evaluation of emergency responders
addressed in your workplace?
30. The physiologic burden caused by performing emergency response
activities and wearing PPE can be extreme (e.g., over-exertion, heat
stress or dehydration). Additionally, cardiovascular fatalities
represent a large percentage of firefighters' fatalities. Is on-scene
rehabilitation and providing appropriate assistance (e.g., monitoring
workers' temperature, blood pressure, hydration levels) an appropriate
method of preventing or reducing the number of these injuries and
fatalities? Is ``NFPA 1584, Rehabilitation of Members Operating at
Incident Scene Operations and Training Exercises'' an appropriate
standard for such practices (Ex. 1-27)? NFPA 1584 describes recommended
practices for developing and implementing an incident scene
rehabilitation program, including: Medical evaluations, re-hydration,
and protection from environmental conditions. Are there other methods
of protection that are available, such as adjusting work/rest regimens
or physical training? Are there other standards or recommendations that
OSHA should consider? Should defibrillators (either a defibrillator or
an automated external defibrillator (AED)) be available at emergency
incident scenes in case an emergency responder or skilled support
worker has a cardiac event? Do you currently have a defibrillator or
AED at emergency events?
E. Safety
The safety of emergency responders and skilled support employees is
affected by the employer's policies and procedures established to
govern emergency response operations. Also, the tools and equipment
used by emergency responders may affect their ability to detect and
monitor hazards as well as communicate those hazards to others at the
emergency scene.
31. The use of an incident management system as a means to assure
the health and safety of employees is required by the OSHA Hazardous
Waste Operations and Emergency Response Standard (29 CFR 1910.120) for
emergency response to hazardous materials incidents and OSHA's Fire
Brigades in Shipyards standard (29 CFR 1915.505). Is an incident
management system appropriate for managing all other emergency
incidents?
32. The NIMS specifies that a unified command structure be employed
for all employees at an incident when there are multiple jurisdictions
and agencies involved. Since each employer is responsible for the
health and safety of his or her employees at emergency incidents and
may affect the safety and health of other employers' employees, how can
a safety management structure be developed that incorporates a multi-
employer response that is commanded within a single incident command
system for all types of incidents?
33. The NIMS describes the duties and functions of the safety
officer at an emergency incident. However, the NIMS does not address
non-emergency functions for the safety officer that may be necessary to
assure the health and safety of emergency responders and skilled
support personnel when an emergency does occur (e.g., assuring training
requirements are met, assuring that protective clothing and equipment
is adequately maintained, or reviewing and updating standard operating
procedures). What are the non-emergency duties and functions that are
necessary to assure the proper management of an emergency response and
preparedness program? Is a designated safety program manager or
administrator needed?
34. Do emergency responders need hazard detection and monitoring
equipment capabilities, such as 4-gas monitors, thermal imaging
cameras, or chemical, biological, and radiological detection equipment?
If so, for each type of job task what abilities and equipment are
needed? How much would these devices typically cost to own and operate?
What are the devices' expected service life?
35. Should emergency response organizations establish written
standard operating procedures (SOPs) or standard operating guidelines
(SOGs) for expected emergency response activities? If so, what types of
issues should be addressed in the SOPs or SOGs? How should employers
determine what activities are within the expected range of operations
and what activities might be outside the range of expected planning?
How should employers plan and prepare for special hazards within their
area of operations (e.g., high-rise buildings, industrial facilities,
or open-pit mines)?
36. How can communication at emergency incidents be maintained? Is
a certain type of communications hardware, such as radio systems, or
handheld radios, needed by all emergency responders? What training in
communications is needed? Is there evidence that portable radios are
necessary for either each individual emergency responder or each team
of emergency responders? If new equipment and training would be
necessary, how much would they cost?
37. The Hazardous Waste Operations and Emergency Response Standard
(29 CFR 1910.120) gives the incident commander broad authority in
managing risk by determining the scope of operations possible at a
given incident. The ``two in/two out'' provision of the Respiratory
Protection Standard (29 CFR 1910.134 (g)(4)) for interior structural
firefighting implies, but does not directly address, the concept of
risk management. How can OSHA more thoroughly address the concept of
risk management at emergency incidents? What guidance should be given
in weighing the health and safety of emergency responders against
victim's lives, against property loss, or in situations where concerns
about immediate safety may have negative consequences for long-term
health, such as lung damage? How should risk management guidelines
address the various phases of an emergency response from rescue,
incident stabilization, through remediation/recovery? How does your
workplace address the concept of risk management during emergency
response and preparedness activities?
38. Are there specific features of an occupational health and
safety program not addressed in previous questions that
[[Page 51743]]
are necessary for emergency responder health and safety (e.g., any
elements contained in ``NFPA 1500, Fire Department Occupational Safety
and Health Program'' such as life-safety rope systems) (Ex. 1-28)? NFPA
1500 provides the NFPA requirements for a fire service occupational
safety and health program for fire departments. The Hazardous Waste
Operations and Emergency Response Standard (29 CFR 1910.120(b))
requires that employers develop and implement a written safety and
health program for their employees involved in hazardous waste
operations (e.g., safety and health training, medical surveillance,
necessary interface between general program and site specific
activities). Would a health and safety program similar to that required
in 29 CFR 1910.120(b) be appropriate for emergency response activities?
39. Are there any other issues or concerns related to the health or
safety of all emergency responders, or any particular group of
emergency responders, that should be considered? Are there any issues
related to the health and safety of skilled support personnel at
emergency incidents that should be considered?
F. Additional Information
40. In addition to the specific questions above, the Agency is
seeking general information on the cost of safety and health measures
undertaken by municipal emergency response agencies (e.g., fire
departments) and any other first responders or skilled support
employees. From what levels of government are revenues derived to
support emergency response and preparedness? What other sources of
revenue are available? How are increased costs of operation dealt with
(e.g., reduction in service, increase in response time, or increased
revenue sources)? How are these issues different for smaller emergency
response operations or rural areas than for larger or mid-sized
operations? How often are emergency response operations contracted out
to specialists, either by companies or communities?
41. Are there any existing OSHA standards, guidelines, or
recommendations that, when viewed in conjunction with other Federal,
State or local codes and/or the recommendation of consensus standards
organizations such as, but not limited to NFPA, ANSI or ASTM, create
conflict or uncertainty in the practice of emergency responding, safety
and health planning, in the selection of protective equipment, in the
procurement of emergency response equipment, or in the provision of
training? If so, what could OSHA do to remedy these situations?
III. Public Participation
You may submit comments in response to this document by (1) hard
copy, (2) fax transmission (facsimile), or (3) electronically through
the Federal Rulemaking Portal. Because of security-related problems,
there may be a significant delay in the receipt of comments by regular
mail. Contact the OSHA Docket Office at (202) 693-2350 for information
about security procedures concerning the delivery of materials by
express delivery, hand delivery and messenger service.
All comments and submissions are available for inspection and
copying at the OSHA Docket Office at the above address. Comments and
submissions are also available at http://www.regulations.gov. OSHA
cautions you about submitting personal information such as social
security numbers and birth dates. Contact the OSHA Docket Office at
(202) 693-2350 for information about accessing materials in the docket.
Electronic copies of this Federal Register notice, as well as news
releases and other relevant documents, are available at OSHA's Web
page: http://www.osha.gov/index.html.
IV. Authority and Signature
This document was prepared under the direction of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor. It is issued pursuant to sections 4, 6, and 8
of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657), 29 CFR 1911, and Secretary's Order 5-2002 (67 FR 65008).
Signed at Washington, DC, this 4th day of September, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
Table of Exhibits
1-1 Emergency Response and Preparedness Request for Information
1-2 Fire Fighter Fatalities in the United States in 2003, U.S. Fire
Administration Report FA-283, August 2004
1-3 NFPA Report: Fire Loss in the United States During 2002 and U.S.
Fire Department Profile Through 2002)
1-4 U.S. Fire Administration, A Needs Assessment of the U.S. Fire
Service, (USFA Report FA-240, December 2002 authorized by U.S.
Public Law 106-398, Sec. 33(b))
1-5 U.S. Fire Administration and the National Fallen Firefighters
Foundation, Firefighter Life Safety Summit Initial Report (April
2004)
1-6 NIOSH/RAND Protecting Emergency Responders: Lessons Learned from
Terrorist Attacks; Protecting Emergency Responders
1-7 NIOSH / RAND Volume 2: Community Views of Safety and Health
Risks and Personal Protection Needs
1-8 NIOSH / RAND Volume 3: Safety Management in Disaster and
Terrorism Response
1-9 Homeland Security Presidential Directive 8
(HSPD8)
1-10 The National Incident Management System (NIMS)
1-11 Homeland Security Presidential Directive 5
(HSPD5)
1-12 National Response Plan
1-13 NFPA 1971, Standard on Protective Ensemble for Structural Fire
Fighting and Proximity Fire Fighting
1-14 NFPA 1982, Standard on Personal Alert Safety Systems (PASS)
1-15 NFPA 1981, Standard on Open-Circuit Self-Contained Breathing
Apparatus (SCBA) Emergency Services
1-16 NFPA 1994, Standard on Protective Ensembles for First
Responders to CBRN Terrorism Incidents
1-17 NFPA 1991, Standard on Vapor-Protective Ensembles for Hazardous
Materials Emergencies
1-18 NFPA 1999, Standard on Protective Clothing for Emergency
Medical Operations
1-19 NFPA 1951, Standard on Protective Ensemble for Technical Rescue
Incidents
1-20 NFPA 1001, Standard for Fire Fighter Professional
Qualifications
1-21 NFPA 1006, Standard for Rescue Technician Professional
Qualifications
1-22 U.S. Fire Administration, Firefighter Fatality Retrospective
Study. April 2002 FA-220
1-23 NFPA 1002, Standard for Fire Apparatus Driver/Operator
Professional Qualifications
1-24 NFPA 1021, Standard for Fire Officer Professional
Qualifications
1-25 NFPA 1081, Standard for Industrial Fire Brigade Member
Professional Qualifications
1-26 NFPA 1582, Comprehensive Occupational Medical Program for Fire
Departments
1-27 NFPA 1584, Rehabilitation of Members Operating at Incident
Scene Operations and Training Exercises
1-28 NFPA 1500, Fire Department Occupational Safety and Health
Program
[FR Doc. E7-17771 Filed 9-10-07; 8:45 am]
BILLING CODE 4510-26-P