The proposed rule would require Workplace Emergency Response Employers (WEREs) and Emergency Service Organizations (ESOs) to develop and implement a written comprehensive risk management plan based on the type and level of service(s) that would be established:
- Paragraph (c) Organization of the WERT, and Establishment of the ERP and Emergency Service(s) Capability and
- Paragraph (d) ESO Establishment of ERP and Emergency Service(s) Capability of the proposed rule
The purpose of the proposed risk management plan is to ensure that risks to the team members’ and responders’ health and safety have been identified and evaluated, and a control plan has been developed and implemented by the WERE and ESO in a manner that mitigates or reduces the risk to a level that is as low as reasonably practicable. The minimum proposed provisions of the risk management plan are based on NFPA 1500, as recommended by several commenters in response to the RFI and by Small Entity Representatives (SERs).
Proposed paragraph (f)(1)(i)(A)-(F) provides further detail and would require the comprehensive risk management plan to cover, at a minimum, risks to team members and responders associated with activities at WERE and ESO facilities; training; vehicle operations (both emergency and non-emergency); operations at emergency incidents; non-emergency services and activities (e.g., community outreach activities); and activities that lead to exposure to combustion products, carcinogens, and other incident-related health hazards.
While these are the minimum areas to be covered, WEREs and ESOs would need to ensure all reasonably anticipated hazards are addressed in the risk management plan, regardless of whether it falls under a covered area identified in (f)(1)(i).
To provide a framework for the proposed requirements of the risk management plan for each of the covered areas identified in proposed paragraph (f)(1)(i), proposed paragraph (f)(1)(ii)(A)-(E) would require the WERE and ESO to include, at a minimum, the following components:
- identification of actual and reasonably anticipated hazards;
- evaluation of the likelihood of occurrence of a given hazard and the severity of its potential consequences;
- establishment of priorities for action based upon a particular hazard’s severity and likelihood of occurrence;
- risk control techniques for elimination or mitigation of potential hazards, and
- a plan for implementation of the most effective solutions; and
- a plan for post-incident evaluation of effectiveness of risk control techniques.
If during a post-incident analysis conducted in accordance with paragraph (r) of the proposed rule or during the ERP program evaluation conducted in accordance with paragraph (s) of the proposed rule, it is determined that the risk control techniques were not sufficient, the WERE and ESO would need to develop and implement improved risk control techniques. These new risk control techniques would then need to be documented in the risk management plan and, as required under paragraphs (c)(10) and (d)(10) of the proposed rule, communicated to all affected team members and responders.
In addition to the risks that would be identified and addressed in proposed paragraphs (f)(1)(i) and (f)(1)(ii), respectively, there are several other written components that would be needed as part of the overall risk management plan. Proposed paragraph (f)(1)(iii)(A)-(D) would require the WERE and ESO to include, at a minimum:
- a PPE hazard assessment that meets the requirements of 29 CFR 1910.132(d);
- a respiratory protection program that meets the requirements of 29 CFR 1910.134;
- an infection control program that identifies, limits or prevents exposure of team members and responders to infectious and contagious diseases to the extent feasible; and
- a plan to protect team members and responders from bloodborne pathogens that meets the requirements of 29 CFR 1910.1030
OSHA does not currently have a standard on airborne infectious and contagious diseases. Rather than incorporating a consensus standard by reference, OSHA believes that allowing the infection control provision in (f)(1)(iii)(C) to be performance-based will give WEREs and ESOs the flexibility to design an infection control program that is tailored to their operations and facilities. WEREs and ESOs can reference consensus standards, such as NFPA 1581, 2022 ed., and OSHA, CDC, or other state and local guidance documents when creating and implementing the infection control program.
OSHA recognizes that there are extraordinary instances where a team member or responder would need to deviate from the ordinary procedures set out in the risk management plan to rescue a person in imminent peril. To accommodate these situations, proposed paragraph (f)(2) would require the WERE and ESO to include in the risk management plan a policy for extraordinary situations when a team member or responder, after making a risk assessment determination based on the team member or responder’s training and experience, is permitted to attempt to rescue a person in imminent peril, potentially without benefit of, for example, PPE, tools, or equipment.
A team member’s or responder’s decision to not use a risk control technique identified in the risk management plan is to be made on a case-by-case basis and must have been prompted by legitimate and truly extenuating circumstances. These circumstances typically have a time constraint that would make it infeasible to implement the risk control technique and rescue a person in imminent peril. This proposed provision could allow, for example, an ambulance crew, without benefit of firefighting PPE, to perform a rescue of a person endangered by fire who would potentially sustain significant injury or death if they did not take immediate action.
Proposed paragraph (f)(3) would require the WERE and ESO to review the risk management plan when required by paragraph (r) or (s) of this section, but no less than annually, and update it as needed.
Risks are dynamic and uncertain. Previously known risks may change, and new risks may develop that need to be addressed in the risk management plan. An annual review and update would ensure the risk management plan reflects the current situation for managing risks effectively, while proposed paragraphs (r) and (s) ensure that this review and update takes place upon occurrence of significant events or the discovery of deficiencies.