On December 21, 2023, the Occupational Safety and Health Administration (OSHA) unveiled an unofficial version of its proposed Emergency Response Rule. The Emergency Response Rule, if finalized, would replace an existing rule applicable to firefighters with a much broader rule that also covers emergency medical personnel and search-and-rescue workers. The Rule aims to resolve what the agency has described as a “patchwork” of unrelated standards for emergency workers and will address a variety of workplace hazards, including exposure to toxic chemicals, equipment failures, infectious diseases, and the mental health impact of first-responder positions.

The proposal explains that out of 273 emergency response fatalities recorded in the Occupational Safety and Health Information System, “OSHA identified 212 (77.7%) [fatalities] in which at least one of the safety hazards addressed by the proposed rule was determined to be present at the time of the emergency responder’s death.” The proposal notes that the rule would apply to all privately employed responders and exclude “employers engaged in activities and operations regulated by OSHA’s construction, maritime, and agriculture standards” and volunteer emergency responders. The Emergency Response Rule is expected to be published in the Federal Register later this month.

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Photo of Donna Pryor Donna Pryor

A member of Husch Blackwell’s Energy & Natural Resources group, Donna focuses on commercial and administrative litigation related to mine safety and occupational safety and health. She also assists clients in crisis management and strategic communications related to workplace health and safety issues.…

A member of Husch Blackwell’s Energy & Natural Resources group, Donna focuses on commercial and administrative litigation related to mine safety and occupational safety and health. She also assists clients in crisis management and strategic communications related to workplace health and safety issues.

Donna has extensive experience in the production of precious metals, aggregates, cement, industrial minerals, coal, salt, potash, phosphate, granite, limestone, and oil and gas. She combines her legal skills and government knowledge with her litigation prowess for clients facing complex problems.

Photo of Monica Munin Monica Munin

Monica represents clients in a wide variety of labor and employment litigation, including complaints arising under Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the National Labor Relations Act (NLRA)…

Monica represents clients in a wide variety of labor and employment litigation, including complaints arising under Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the National Labor Relations Act (NLRA), the Virginia Human Rights Act, and similar state laws. She has handled cases involving non-competes, non-solicitation agreements, and other restrictive covenants. Monica has worked with clients in a wide variety of industries, including construction, manufacturing, and mining. Monica devotes a significant portion of her practice to Mine Safety and Health Administration (MSHA) and Occupational Safety and Health Administration (OSHA) compliance and related litigation.