The California Occupational Safety and Health Act of 1973 grants the Occupational Safety and Health Standards Board (OSHSB) exclusive authority to adopt occupational safety and health standards within California. The Labor Code requires the OSHSB, in consultation with the Department of Industrial Relations (DIR), to complete a comprehensive review of all revisions to National Fire Protection Association standards pertaining to firefighter personal protective equipment (PPE) and to consider modifying existing safety orders and to render a decision regarding the adoption of necessary changes thereto, or other applicable standards and regulations, if it finds that the revisions to applicable National Fire Protection Association standards provide a greater degree of personal protection.
AB 1181 requires the OSHSB, in consultation with the DIR, to consider modifying its existing safety order regarding firefighter PPE by January 1, 2028. The modifications must address the National Fire Protection Association performance standards for personal protective equipment.
AB 1181 requires that the OSHSB use scientific research to create a standard for firefighter PPE used in California that includes performance standards relevant and applicable to how firefighters use their equipment while being the most protective of firefighters’ health and safety. In addition, the modifications must mandate that PPE be free of hazardous substances that might pose long-term health risks, with manufacturers certifying compliance.
AB 1181 requires that the OSHSB provide for an implementation date that applies to auxiliary firefighting PPE, as defined to include self-contained breathing apparatuses and other respiratory protection products, hearing protection, protective communication devices, and fall-protection products. This date must be later than that which applies to firefighting personal protective garments, as defined to mean any garments designed, intended, or marketed to be worn by firefighters in the performance of their duties, with the intent for use in fire and rescue activities, including jackets, pants, shoes, gloves, and helmets.
In addition, AB 1181 requires that the OSHSB specify an implementation timeline that includes phasing out firefighter PPE that is in use at the time of the modifications through normal attrition or within no later than 10 years.
By July 1, 2026, the Division of Occupational Safety and Health must provide a progress report to the Governor and the Legislature. However, the requirement for submission of such a report sunsets on July 1, 2030.
(AB 1181 amends Section 147.4 of the Labor Code.)