As an initial rulemaking step, and prior to publication of any changes to existing rules or enforcement policies, OSHA is convening a SBAR Panel in accordance with the Small Business Regulatory Enforcement Fairness Act (SBREFA). This Panel consists of members from OSHA, the Small Business Administration's Office of Advocacy (SBA's Office of Advocacy), and the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB). The SBAR Panel provides an opportunity for Small Entity Representatives ("SERs"), which include small businesses, small non-profit organizations, and small governmental jurisdictions with a population less than 50,000, to convey how the Agency's potential regulatory framework may impact small businesses and other small entities, and to suggest ways to minimize those impacts while meeting OSHA's statutory goals.

SERs are sent documents outlining the potential regulatory framework, alternatives to the potential framework, and preliminary analyses of the costs and impacts of the conceptual framework, for comment. The Panel's primary role is to report to the Assistant Secretary of Labor for OSHA on the comments of the SERs and on the Panel's findings as to issues related to small entity impacts and significant alternatives that accomplish the Agency's objectives while minimizing the impact on small entities. The report will contain recommendations for the Agency on its analysis and on possible approaches to regulatory action that may minimize impacts on small entities.

OSHA is conducting this SBAR Panel early in the regulatory process in the interest of assuring that the Panel's report and recommendations can be fully considered in any subsequent rulemaking activities by the Agency. In 2015-2016, OSHA hosted a National Advisory Committee on Occupational Safety and Health (NACOSH) subcommittee of subject matter experts who developed preliminary draft regulatory text. OSHA intends to do additional research to refine its cost and benefit estimates; however, OSHA will provide a preliminary estimate of the costs and an estimate of the injuries that may be reduced by the rulemaking. OSHA will also provide estimates of the number of affected entities, the unit costs they might be expected to incur to comply with the potential standard being considered in this rulemaking, and the existing anecdotal and quantitative data pointing to the need for the standard.

SBAR Panel teleconferences with SERs will be held a few weeks after the formal convening of the Panel. Each SER will have the opportunity to provide comments to the SBAR Panel during a teleconference call. The SBAR Panel will schedule several teleconference calls. Each teleconference call will be open to the public, but only the SERs and the members of the SBAR Panel will be permitted to participate in the discussions. Following the teleconference, SERs will have an opportunity to provide written comments to the Panel. The Panel plans to provide its final report to the docket approximately one month after the teleconferences have ended.

The primary focus of the Emergency Response standard would be to protect workers who respond to emergencies as part of their regularly assigned duties. Examples include: fire brigades/workplace emergency response teams, industrial and municipal fire fighters, technical rescuers, emergency medical service providers, etc. A secondary focus of the rule would be to protect those workers who may be called upon, from time to time, to respond to emergencies. Examples include: skilled support workers such as heavy equipment and crane operators, heavy wrecker/rotator operators, etc. OSHA does not intend to regulate those first responders solely engaged in law enforcement, crime prevention or security.

The agency has thus far published a Request For Information (RFI), held stakeholder meetings, and convened a NACOSH subcommittee of subject matter experts. The subcommittee developed draft regulatory language and NACOSH recommended to the Secretary that OSHA proceed with rulemaking.

By thoroughly evaluating and integrating this information, OSHA anticipates that the potential Emergency Response standard will provide a comprehensive framework to address the hazards involved in emergency response activities, thereby making emergency response safer.