OSHA’s latest effort destroys democracy and strips states of their police powers

TUPELO, Miss. — “OSHA is at it again,” says Dr. Jameson Taylor, director of policy and legislative affairs for AFA Action. “The agency is trying to get away with forcing states to implement unconstitutional public health standards that go way beyond their mission. They tried it during COVID, and the Supreme Court stopped them. They are trying again — but this time at the expense of shutting down volunteer fire departments and putting the safety of rural communities at risk.”

OSHA has proposed a new rule that will replace the existing “Fire Brigades Standard” codified at 29 CFR 1910.156 with a new “Emergency Response Standard.” The new rules will require hundreds of hours of unnecessary training and millions of dollars of new equipment costs. According to the National Volunteer Fire Council: “If the standard is adopted in its current form, many departments would be forced to shut their doors or else operate outside of the federal standard, leaving themselves open to fines, citations, and huge civil liability exposure.”

In a joint comment letter signed by representatives from 19 nonprofit organizations, Taylor stated:

“The one-size-fits-all approach attempted by OSHA’s Emergency Response Standard affirms that States, localities and Tribes are the proper authorities over emergency response activities. This is because each community well understands how it should protect the safety of its citizens. … If left unchecked, the expansive nature of this rulemaking could extend to any nonprofit marginally involved in emergency response activities, whether it be a church security team responding to a crisis or a YMCA lifeguard conducting CPR or a private school nurse treating a student with an infectious disease.”

“But this is not just about power,” cautioned Taylor. “The proposed Emergency Response Standard is a payoff to the public sector unions. Once this rule is used to shut down volunteer fire departments, the unions will step in. Taxpayer costs will go way up – all because of unnecessary and expensive standards that are impractical for most cities and towns.”

AFA Action also submitted a separate comment prepared by Senior Legal Fellow, Trey Dellinger. Said Dellinger:

“Neither public safety nor the safety of volunteers and other marginal emergency services workers is well served by the imposition of cost-prohibitive, byzantine documentation and training regimes. Under the proposed rule, volunteer fire departments, churches, nonprofits and small employers whose personnel offer even minimal services in an emergency will be required to shoulder an excessively costly and formalistic compliance burden. Among the requirements are: comprehensive site assessments, development of a written emergency response plan and identification emergency response team members, develop mutual aid agreements with other employers or professional emergency services organizations, development of a written comprehensive risk management plan (including provision of personal protective equipment, respiratory protection and infection and bloodborne pathogen prevention), team member fitness qualifications, evaluation and testing (including periodic monitoring and surveillance of employee team members’ health). This is only a partial list of the onerous requirements.”

The comment period for the Emergency Response Standard ended on July 22, 2024. OSHA has scheduled an online public hearing for November 12, 2024, beginning at 9:30 a.m. (ET). This is a map of OSHA plan and non-plan States.

Taylor concluded, “The new rule will impose significant and immediate compliance costs on OSHA plan states. The rule will also affect non-plan states as the proposed rulemaking undermines state authority over the protection of public health and safety.”

AFA Action is a non-profit 501(c)(4) organization dedicated to advancing biblical, family values in society and government by educating and influencing public policy. The mission of AFA Action is to inform and mobilize individuals to strengthen the biblical foundations of America by persuading individuals with the truth of the Gospel, challenging the lost to repent, promoting societal values that are consistent with Scripture, restraining evil and exposing the works of darkness, motivating people to take a stand on cultural and moral issues, and encouraging Christians to bear witness to the world the love of Jesus Christ. Find AFA Action Alerts here. 

For more information on the American Family Association, visit www.afa.net or follow AFA on Facebook or Twitter @AmericanFamAssc.        

For more information on AFA Action, visit www.afaaction.net or follow AFA Action on Facebook or Twitter.

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To interview an AFA or AFA Action spokesperson, contact [email protected] or Beth Bogucki, 610.584.1096, ext. 105, or Daniel Moyer, ext. 104.