U.S. Department of Homeland Security Standards Adoption

Ten years ago, the National Technology Transfer and Advancement Act (NTTAA), Public Law 104-113, was signed into law, and implemented using Office of Management and Budget (OMB) Circular A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities.” NTTAA requires all federal agencies and departments to use technical standards, unless their use is impractical or inconsistent with law. NTTAA is the basis for Department of Homeland Security (DHS) adoption of Non-Government Standards (NGS).

The Emergency Management and Response—Information Sharing and Analysis Center (EMR-ISAC) examined DHS standards adoption and its meaning for the nation’s Emergency Services Sector (ESS). The standards adoption and maintenance program is managed by the DHS Test & Evaluation and Standards Division of the Science and Technology Directorate.

DHS has so far adopted at least 35 responder-relevant standards that pertain to personal protective gear, radiation and nuclear detection equipment, incident management, and biometrics, developed by organizations such as the National Fire Protection Association (NFPA), Institute of Electrical and Electronics Engineers (IEEE), and the National Institute of Occupational Safety and Health (NIOSH). Adopted most recently were NFPA 472, “Standard for Competence of Responders to Hazardous Materials/Weapons of Mass Destruction Incidents,” and NFPA 473, “Standard for Competencies of EMS Personnel Responding to Hazardous Materials/Weapons of Mass Destruction Incidents,” that set minimum requirements for responders to incidents that involve hazardous materials and weapons of mass destruction (WMD).

When DHS formally adopts an NGS, it is designated a “DHS National Standard.” Its use is not mandatory, but strongly encouraged. Once adopted, DHS National Standards boost limited federal resources by increasing DHS access to subject matter experts, thus enabling resources that would be devoted to internal standards development to be applied to other critical areas. For responder personnel and other homeland security professionals, DHS National Standards offer best practices that support national initiatives (e.g., the National Incident Management System (NIMS) and the National Preparedness Goal) that enable implementing a preparedness and response system that includes a common language and standard operating procedures. By identifying minimum performance and describing best practices, DHS National Standards bolster interoperability of products and practices, as well as interchangeability, durability, flexibility, portability, dependability, survivability, sustainability, scalability, and maintainability of homeland security products and services. For additional information about ESS-related DHS National Standards, visit http://www.dhs.gov/xfrstresp/standards/editorial_0420.shtm.

"DHS designates NFPA codes and standards development process as “Qualified Anti-Terrorism Technology”

October 21, 2008 – On September 17, 2008, the U.S. Department of Homeland Security (DHS) designated the National Fire Protection Association (NFPA) codes and standards development process as a “Qualified Anti-Terrorism Technology” (QATT) under the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act). NFPA is the first standards development organization to receive this designation. Under provisions of the SAFETY Act, NFPA’s codes and standards development process was also certified as an “Approved Product for Homeland Security.”

According to DHS, the SAFETY Act encourages the development and deployment of new and innovative anti-terrorism products and services by providing liability protections. Designation as a QATT and certification as an approved product for homeland security under the SAFETY Act provides legal protections for the NFPA codes and standards development process as applied to anti-terrorism.

“NFPA is pleased to have its codes and standards development process recognized as an effective anti-terrorism technology which reflects the openness, balance and fairness NFPA strives to achieve in its voluntary codes and standards development process,” said NFPA President James M. Shannon.

Federal protections under the DHS Designation and Certification are retroactive and recognize NFPA’s technology’s “first date of sale” as September 11, 2001.

Shannon added, “The commitment and involvement of NFPA in anti-terrorism standards predates the events of 9/11. NFPA has long been committed to making its codes and standards development process available for the creation and continual improvement of standards used to protect first responders and the public in terrorist events. We believe we have a world-class system which attracts numerous experts from diverse fields to develop codes and standards that mitigate the effects of terrorism on people and property.”

All NFPA safety codes and standards are developed through a process accredited by the American National Standards Institute (ANSI). The more than 250 technical committees responsible for developing and updating all 300 codes and standards include approximately 4,000 volunteers, representing enforcing authorities, installers and maintainers, labor, research and testing laboratories, insurers, special experts, consumers and other users."

Title IX of Public Law 110-53: Updated Resource Links and Presentations

I have updated the Resources page within the Preparedness, LLC website to include links to the text of Public Law 110-53,"Implementing Recommendations of the 9/11 Commission Act of 2007," the text of Title IX of the law, DHS/FEMA resources, and a link to ANAB. ANAB is the organization that will develop program guidelines for the "certifying bodies" that will actually evaluate and accredit the private sector preparedness programs.

In addition, you can view PDF copies of presentations to the Securities Industry and Financial Markets Association and the NorthEast Disaster Recovery Information X-Change, which provide background on Title IX of PL 110-53 and NFPA 1600, which is one of the standards that may be used as criteria for evaluation of private sector preparedness programs.

Voluntary Private Sector Preparedness Accreditation & Certification Program

Title IX of Public Law 110-53 (“Implementing Recommendations of the 9/11 Commission Act of 2007”) requires the U.S. Department of Homeland Security (DHS) to develop a voluntary private sector preparedness accreditation and certification program. DHS was charged with tasks to establish the program including:

• Designate one or more organizations to act as an accrediting body
• Designate one or more standards for assessing private sector preparedness
• Provide information and promote the business case for voluntary compliance with preparedness standards

Since the law was passed in August 2007, DHS has designated FEMA Administrator Paulison to administer the program and chair the Private Sector Preparedness Council. The council includes leadership from the Science & Technology Directorate, Office of Infrastructure Protection, and the Private Sector Office.

DHS has signed an agreement with the ANSI-ASQ National Accreditation Board (ANAB) to develop and oversee the certification process, manage the accreditation, and accredit qualified third parties to carry out the certification in accordance with the accepted procedures of the program.

ANAB has organized its “Committee of Experts” to advise ANAB on the qualifications of the “Certifying Bodies” that will accredit qualified third parties. Don Schmidt, CEO of Preparedness, LLC and Chair of the NFPA 1600 Technical Committee, is a member of the ANAB Committee of Experts along with representatives from other standards developers and private sector industry representatives.

DHS has not yet formally designated any standards for assessing private sector preparedness under this law, although DHS’ Science & Technology Directorate has adopted NFPA 1600. At the October ANSI Homeland Security Standards Panel plenary meeting in Washington, officials stated they are not picking a “winner” and that all reasonable standards will be included. DHS, however, has privately informed ANAB to begin work using NFPA 1600.

DHS has also published an initial draft of their “target criteria,” which will be used to select standards for assessing private sector preparedness. The “target criteria” for selecting standards includes:

• A scope and/or policy statement.
• Identification and conformity with applicable legal, statutory, regulatory and other requirements.
• Objectives and strategies.
• Hazard and threat identification, risk assessment, vulnerability analysis, and impact analysis.
• Incident management, strategy, tactics, operational plans and procedures.
• Communications and warning.
• Training.
• Resources management and/or logistics.
• Assessments, audits and/or evaluation of programs.
• Program revision and process improvement including corrective actions.

These “target criteria” align almost exactly to the elements within NFPA 1600. Accordingly, we will discuss each of these criteria within upcoming newsletters.

Although this program is voluntary, businesses are watching closely. Whether they choose to seek certification or not, business leaders are evaluating their preparedness program. In the end, that’s what it’s all about—protecting employees, property, business operations, the environment, and the business entity itself.

Canadian Standards Association unveils new emergency management and business continuity standard

Toronto, October 8, 2008, Canadian Standards Association - "More than 40 per cent of Canadians say the company where they work does not have an emergency plan in place according to a recent study[1]. Canadian Standards Association (CSA), a leading developer of standards and codes, today officially announced a new emergency management and business continuity programs standard, CSA Z1600, which is designed for private and public organizations of all sizes to use if disaster strikes. This new standard is based on the National Fire Protection Association (NFPA) 1600 Disaster/Emergency Management and Business Continuity Programs standard."

As chair of the NFPA 1600 technical committee, I am excited and pleased to see the release of CSA's Z1600 standard. I know that members of the CSA technical committee have worked very hard to produce this standard for Canada. Congratulations to all of them on their accomplishment.

Z1600 is an adaptation of NFPA 1600, which in its 4th edition, is the most widely used emergency management and business continuity standard in the United States. NFPA 1600 is also used in many countries around the globe. The CSA technical committee's work is impressive, and the NFPA 1600 technical committee has taken a liking to the ordering of Z1600. In fact, at the NFPA 1600 "Report on Proposals" meeting in August, the NFPA 1600 technical committee voted to reorder the elements within NFPA 1600 similar to the new ordering of Z1600. The CSA committee builds on the work of the NFPA technical committee, and the NFPA technical committee returns the favor. This is truly a relationship that is productive for both the United States and Canada and a model of how standards organizations can work together to produce quality standards for both private and public sectors.

I will be providing some updates on NFPA 1600 in the coming months as NFPA publishes the official "Report on Proposals" draft of the 2010 edition of NFPA 1600. The ROP draft will incorporate many changes to 2007 edition. I will also provide a link, so that readers can download the ROP draft and provide their comments for the technical committee's action. If you want more information on NFPA 1600 and the handbook written by technical committee members including yours truly, please check out this link.

1 Leger Marketing conducted an online survey among 1,088 working Canadians aged 18+ on their opinions of major disasters in their community. The margin of error for a sample of this size is +/- 3.0%, 19 times out of 20.

Fire Prevention Week, October 5-11

October 5-11 is Fire Prevention Week, an annual campaign focused on fire safety and promoted by the National Fire Protection Association. Did you know that fire departments responded to nearly 400,000 home fires in 2006? That's why this year's theme is titled "Prevent Home Fires." I strongly encourage you to educate your family about fire safety. Practice EDITH (exit drills in the home.) Make sure everyone knows to get out and stay out if there is a fire in the home. Make sure everyone knows where to meet, so everyone can be accounted for. Conduct a fire inspection in your home to identify hazards--before they can ignite a fire. Make sure your smoke detectors are working properly and that extinguisher, too. As a long time member of NFPA, I can attest to the conviction, expertise, and professionalism of the NFPA staff. I urge you to take their advice to heart. For more helpful information and educational tools, check out the following on the NFPA Fire Prevention Week website:

• Read our blog
• New survey looks at heating costs, fire risk
• Send a Sparky® e-card to friends
• Interactive learning stations for your open house.
• The Great American Fire Drill
• Online safety quiz.
• Free Scholastic materials
• View three new Dan Doofus FPW videos
• Home inspection checklist

"Reproduced from NFPA's Fire Prevention Week Web site, www.firepreventionweek.org. ©2008 NFPA."