The Rhode Island Center for Freedom & Prosperity has joined nonprofit organizations nationwide in opposing a proposed Occupational Safety and Health Administration (OSHA) rule that could threaten local volunteer fire companies. The new “Emergency Response Standard” aims to replace the existing “Fire Brigades Standard” (29 CFR 1910.156), potentially imposing significant financial and operational burdens on volunteer fire departments.

The National Volunteer Fire Council warns that if the standard is adopted as proposed, many fire departments might be forced to close due to the excessive training and equipment costs required. Rhode Island, home to over 36 volunteer firefighter companies, could see closures particularly in smaller towns unable to meet these demands.

Mike Stenhouse, CEO of the Center, is criticizing the proposed rule with a joint comment letter during the rule-making process. The Center argues that the one-size-fits-all approach fails to consider the unique needs of different communities. “A small town, with no industrial activity, should not be forced to spend millions of dollars preparing for a major industrial catastrophe,” Stenhouse stated, noting that the mandate would lead to increased taxes with minimal public service improvement.

Stenhouse also questioned OSHA’s authority to enforce such a rule, emphasizing that states, localities, and tribes are better suited to oversee emergency response activities. He pointed to the Supreme Court’s decision that struck down the OSHA vaccine mandate, asserting that the federal government does not have a general power to promote public health.

The proposed rule has been criticized as a “blatant give-away to unions,” with the Center suggesting it would benefit firefighter union bosses by increasing dues-paying membership as volunteer companies struggle to survive.

A survey by the nonpartisan Boundary Line Foundation, submitted during the comment process, highlighted concerns about the economic impact of the Emergency Response Standard. The rule could force plan states to amend their plans to align with the federal standard, effectively imposing federal regulations on local governments. Non-plan states might face preemption of their emergency response laws over time.

The public comment period for the proposed rule ended on July 22, 2024. OSHA has scheduled an online public hearing for November 12, 2024, at 9:30 a.m. (ET) to further discuss the standard.