PRINTER'S NO. 3530
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2860
Session of
2022
INTRODUCED BY E. NELSON, LONGIETTI, GLEIM, IRVIN, B. MILLER,
R. MACKENZIE, M. MACKENZIE, COOK, JONES, SCHMITT, JAMES,
RIGBY, SCHEMEL AND KLUNK, SEPTEMBER 29, 2022
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 29, 2022
AN ACT
Providing for public sector worker safety data analysis; and
imposing duties on the Department of Labor and Industry.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Public Sector
Worker Safety Data Analysis Act.
Section 2. Findings and declarations.
The General Assembly finds and declares as follows:
(1) The Occupational Safety and Health Act of 1970
(Public Law 91-596, 29 U.S.C. § 651 et seq.) provides for the
adoption of workplace safety standards that apply to private
sector workplaces. Most private sector employers are required
to comply with OSHA regulations for recording and reporting
work-related injuries and illnesses under 29 CFR Pt. 1904
(relating to recording and reporting occupational injuries
and illnesses).
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(2) In Pennsylvania, safety standards for public sector
employees are not governed by OSHA, and public sector
employers are not required to record and report work-related
injuries and illnesses in a manner comparable to OSHA
requirements for private sector employers.
(3) The lack of comparable data of workplace injuries
and illnesses in the public sector makes it difficult to
meaningfully compare the safety outcomes for public sector
employees with the outcomes for private sector employees in
similarly situated occupations.
(4) Safety standards applicable to public sector
employees may vary widely, depending on the type of employer
and any specific Federal or State statutes or regulations
that may apply.
(5) The General Assembly finds that it is necessary to
provide for the collection of data on work-related injuries
and illnesses in the public sector in a manner that allows
for a meaningful comparison with data collected from private
sector employers under 29 CFR Pt. 1904 and through the Survey
of Occupational Injuries and Illnesses.
(6) The General Assembly further finds that a meaningful
comparison of the safety outcomes for private sector
employees with those of similarly situated public sector
employees is necessary to determine the appropriate safety
standards for the various occupations in public sector
employment.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Data analysis partner." An entity that, pursuant to a
contract or memoranda of understanding, provides services
related to the collection or analysis of workplace injury data
at the request of the department.
"Department." The Department of Labor and Industry of the
Commonwealth.
"OSHA." The Occupational Safety and Health Administration
within the United States Department of Labor.
"Pennsylvania OSHA Consultation." The program designated by
OSHA pursuant to Federal regulations to provide consultation
services to employers in this Commonwealth.
"Public sector employer." The Commonwealth, a political
subdivision of the Commonwealth or an authority or
instrumentality of the Commonwealth or political subdivision of
the Commonwealth, if the entity is not subject to the
requirements of 29 CFR Pt. 1904 (relating to recording and
reporting occupational injuries and illnesses).
"Survey of Occupational Injuries and Illnesses." The survey
conducted by the United States Department of Labor, Bureau of
Labor Statistics in cooperation with State agencies, including
the department, which compiles data on work-related injuries and
illnesses.
Section 4. Recording and reporting of work-related injuries and
illnesses.
(a) Program.--Within one year of the effective date of this
subsection, the department shall establish a program to require
the reporting and recording of work-related injuries and
illnesses by public sector employers in a manner substantially
similar to the requirements for other employers under 29 CFR Pt.
1904 (relating to recording and reporting occupational injuries
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and illnesses). The following apply:
(1) Prior to the implementation of the program, the
department, in consultation with Pennsylvania OSHA
Consultation, shall conduct a review of the provisions of 29
CFR Pt. 1904 and the forms and reporting methods used by OSHA
for the recording and reporting of work-related injuries and
illnesses.
(2) When establishing the recording and reporting
requirements, the department, in consultation with groups
representing public sector employers, shall identify the
least burdensome methods of information on recording and
reporting work-related injuries and illnesses.
(3) The department shall require public sector employers
to record and report the same illness and injury information
required to be recorded and reported under 29 CFR Pt. 1904.
(4) The department may select deadlines for recording
and reporting illness and injury information by public sector
employers, which are the same as or substantially similar to
the deadlines for recording and reporting illness and injury
information under 29 CFR Pt. 1904.
(5) If 29 CFR Pt. 1904 provides exemptions or partial
exemptions from recording and reporting requirements based on
the number of employees, the nature of the industry or
occupation or any other criteria, the department shall
provide exemptions or partial exemptions from the recording
and reporting requirements established under this section in
a commensurate manner to similarly situated public sector
employers.
(6) In lieu of individual public sector employers
reporting workplace injury and illness information required
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by the department under this section, an association
representing a group of similarly situated public employers
may report the required information, if both of the following
apply:
(i) The information reported by the association
includes a list of the required information for each
individual employer.
(ii) The information reported by the association is
submitted in a manner acceptable to the department.
(7) Prior to the beginning of recording and reporting
requirements as provided in subsection (b)(1), the department
shall engage with public sector employers to make them aware
of the requirements of this act and provide educational
resources and technical support to assist public sector
employers in complying with new reporting requirements. These
efforts shall include:
(i) Publicizing the requirements of this act in the
news media and on the department's publicly accessible
Internet website.
(ii) Engaging groups or associations consisting of
public sector employers to educate public sector
employers about the requirements of this act.
(iii) Providing guidance and instructional resources
on the department's publicly accessible Internet website.
(iv) Hosting in-person or virtual training sessions
for public sector employers to learn the recording and
reporting requirements of this act.
(b) Recording and reporting information.--
(1) Beginning on January 1 of the calendar year that
begins between one year and two years after the effective
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date of this subsection, selected public sector employers
shall record and report information on work-related injuries
and illnesses as required by the department under subsection
(a).
(2) For the purposes of providing support to public
sector employers under subsection (a)(7), the department may
authorize voluntary recording and reporting prior to the
beginning of recording and reporting requirements under
paragraph (1).
(3) The department may annually publish on its publicly
accessible Internet website a list of public sector employers
that failed to comply with reporting requirements implemented
under subsection (a).
Section 5. Survey of Occupational Injuries and Illnesses.
(a) Response.--If requested by the department or the United
States Department of Labor, Bureau of Labor Statistics, a public
sector employer that is required to record and report work-
related injuries and illnesses in accordance with section 4
shall respond to the Survey of Occupational Injuries and
Illnesses no later than the deadlines for a response specified
in the request.
(b) Website publication.--The department may annually
publish on its publicly accessible Internet website a list of
public sector employers that failed to respond to the Survey of
Occupational Injuries and Illnesses as required by subsection
(a).
Section 6. Individually identifiable health information.
(a) Nondisclosure requirement.--A public sector employer,
Pennsylvania OSHA Consultation, a data analysis partner or the
department may not disclose any record containing individually
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identifiable health information to any person unless authorized
by this act.
(b) Right-to-Know Law.--A record or report of work-related
injuries and illnesses containing individually identifiable
health information shall be considered an exception under
section 708(b)(5) of the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
(c) Disclosure of records for limited purposes.--The
department may provide records containing individually
identifiable health information to Pennsylvania OSHA
Consultation or a data analysis partner for the purposes
authorized under section 7, only if individual names are
redacted prior to providing the records.
Section 7. Use of information.
The department may use the information collected under this
act, in cooperation with Pennsylvania OSHA Consultation and data
analysis partners, as follows:
(1) To compare the nature, frequency and severity of
work-related injuries and illnesses in public sector
occupations with those of similarly situated private sector
occupations.
(2) To improve department programs related to workplace
safety.
(3) To identify and analyze trends and concerns related
to workplace injuries and illnesses.
(4) To provide informational resources related to
workplace safety or the avoidance of work-related injuries
and illnesses.
(5) For the purposes of analyzing the costs of work-
related injuries and illnesses in public sector occupations.
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(6) For the purposes of preparing the annual report
required under section 9 or making recommendations to the
Governor or the General Assembly.
Section 8. Funding.
Notwithstanding the limitations provided in section 446 of
the act of June 2, 1915 (P.L.736, No.338), known as the Workers'
Compensation Act, up to $1,500,000 of the sum appropriated by
the General Assembly to the department from the Workmen's
Compensation Administration Fund may be used annually for the
purposes of this act, subject to any specific limitations
provided in any statute appropriating that money.
Section 9. Annual reports.
(a) Requirement.--Before July 1 following the first full
calendar year after the beginning of recording and reporting
requirements for public sector employers under section 4, and
prior to every July 1 thereafter, the department shall prepare
an annual report.
(b) Contents.--Each annual report under this section shall
contain the following:
(1) A summary of work-related injury and illness
information for public sector employees.
(2) A summary of work-related injury and illness
information for each public sector occupation.
(3) A comparison of work-related injury and illness
information for public sector occupations and similar private
sector occupations.
(4) An analysis of the reasons for any significant
differences in the frequency or severity of work-related
injury and illness between public sector occupations and
similar private sector occupations.
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(5) Recommendations to the Governor and the General
Assembly.
(6) A list of public sector employers that failed to
record and report information when required in accordance
with section 4 or that failed to respond to the Survey of
Occupational Injuries and Illnesses when requested in
accordance with section 5.
(7) Any other information or analysis that the
department deems appropriate.
(c) Submittal.--Each annual report under this section shall
be submitted to the following:
(1) The Governor.
(2) The chairperson and minority chairperson of the
Labor and Industry Committee of the Senate.
(3) The chairperson and minority chairperson of the
Labor and Industry Committee of the House of Representatives.
(d) Posting.--Each report under this section shall be posted
on the department's publicly accessible Internet website.
Section 10. Regulations.
The department may promulgate regulations necessary to
implement this act.
Section 11. Effective date.
This act shall take effect in 60 days.
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