New OSHA Rule May Affect Minnesota's Volunteer Firefighters

Earlier this year, OSHA announced its intent to dramatically change the safety mandates found in 29 CFR 1910.156, currently known as the Fire Brigade Standard. One of the changes would rename the section Emergency Response. MMUA has been asked if the changes will apply in Minnesota, and particularly will they apply to volunteer firefighters? The short answer appears to be “yes” in both cases.

Minnesota is known as an OSHA-approved state plan state. This means that while OSHA regulations themselves do not apply to states or local units of government, the state has opted to adopt them or similar language into a state safety plan which is reviewed and approved by OSHA. Thus, whenever the new Emergency Response regulations are finalized, Minnesota will incorporate them into its state safety plan.

As for their applicability to volunteer firefighters, in Minnesota, most “volunteer” firefighters are not truly volunteers. This means that they are paid in some form, whether it be “stand-by” pay, and/or payment for each response, and/or payment to a retirement plan such as the one offered to volunteer firefighters through PERA.

MMUA has not yet been able to review the several hundred pages of proposed changes, so it is not possible for us to offer specific advice as to the effect of any one recommendation nor the cumulative impact of all the proposed changes. Articles about the proposed changes reveal a wide range of opinions with some concluding that the overall health and safety benefits will save money in the long run, while others fearful they will mean the end of small rural departments. There is agreement that the changes primarily reflect standards developed by the National Fire Protection Association.

The comment period on the proposed new rules was extended multiple times and over 4,000 submissions have been received to date. Additional comments can be submitted during the educational hearing on the proposed changes scheduled for November 12, 2024 (8:30 am CST). MMUA will have a representative present to represent concerns raised by our members. OSHA will also solicit post-hearing comments.

Contact Kent Sulem to discuss your concerns and plan to attend the hearing on November 12 (information here) if you want to listen in. The Digest will cover this issue as it evolves.