In Pennsylvania, OSHA (the Occupational Safety and Health Administration) regulations apply to most private sector employers and employees. However, public sector employees, including those working for “Section (3)(5) of the Occupational Safety and Health Act of 1970 specifically excludes Federal OSHA’s authority over employees of State and local government. The Act provides for States to assume responsibility for occupational safety and health programs under the state’s own plan, which must be approved by the U.S. Department of Labor.”
These protections implement lifesaving health and safety standards in the workplace as well as avenues to report violations and receive assistance. Amongst other protections, OSHA standards require private employers to: provide fall protection, ensure the safety of workers who are in confined spaces, provide protection against infectious diseases, and prevent exposure to harmful substances like asbestos or lead. Without regulation, all public employees are left vulnerable to dangers in their workplaces.
Public sector workers are essential to the functioning of society, providing vital services such as maintaining public infrastructure and ensuring public safety and health. Despite their crucial roles, these workers face myriad occupational hazards that can compromise their well-being. Public schools are a strong example of why health and safety regulations are necessary. Because school funding primarily relies on local taxes, lower-income communities are often left with severely underfunded public schools. Without OSHA protections, adequate funding to maintain building safety for employees and students is often overlooked in favor of other essential expenditures. Private school teachers can submit a complaint and request an OSHA inspection, but public school teachers cannot. That is wrong.
On the national level, state and local public sector employees are 64% more likely to be injured on the job than private sector employees.
Several workers’ unions have continued to push for legislative change via an OSHA-approved state plan that includes public employees and employers. Twenty-six U.S. states have already done so, including New York, New Jersey, Maryland, and Virginia. In the coming months, Pennsylvania state lawmakers will decide whether these valuable protections will be extended to public employees and employers.
In Pennsylvania, legislation passed the House (HB 299) with bipartisan support. Legislation has been introduced in the Senate but has not moved.
It is time for Pennsylvania to enact workplace safety legislation to protect all workers!
Read more:
Ockerman, Emma. “Worker injuries and deaths are still far too common: Americans are still dying from injuries on the job — but some workers are more impacted than others.” Market Watch. May 1, 2022. https://www.marketwatch.com/story/american-workers-are-still-dying-from-injuries-on-the-job-heres-who-is-most-impacted-11651016484.
Schmidt, Sophia. “Could PA finally extend OSHA protections to public school teachers and trash collectors?” WHYY.org. April 21, 2022. https://whyy.org/articles/could-pa-public-employees-finally-get-osha-protections/.
Website for Pennsylvania House Democrats. “House passes Harkins bill to bring OSHA safety protections to public workers,” by Rep. Patrick J. Harkins. www.pahouse.com. May 2, 2023. https://www.pahouse.com/Harkins/InTheNews/NewsRelease/?id=128804.
Henderson, David. “Every Pennsylvania worker deserves strong workplace safety protections.” Penn Capital-Star. May 3, 2023. https://penncapital-star.com/commentary/every-pennsylvania-worker-deserves-strong-workplace-safety-protections-opinion/.
