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Pennsylvania House of Representatives
05/13/2024 06:15 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=37663
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: August 31, 2022 12:26 PM
From: Representative Eric R. Nelson
To: All House members
Subject: Public Sector Safety Data
 
Please join me in supporting legislation that will enable the Commonwealth to compare and analyze worker injury and illness data in the public sector with those in the private sector. 
 
Currently, many public sector employers do not use the OSHA 300 injury and illness reporting form which has been used by the private sector for decades. Private sector employers subject to federal OSHA requirements must currently record workplace injuries and report them to OSHA (using the OSHA 300 and related forms).
 
Unfortunately, an apples-to-apples comparison of public vs private sector safety outcomes is not currently possible, because public sector employers do not have comparable recordkeeping and reporting requirements.
 
With comparable data, the Commonwealth will be able to analyze the safety outcomes across similar occupations to identify any specific disparities between the public and private sectors.   It is my hope that this data analysis will enlighten the discussion about public sector worker safety to help policymakers in the General Assembly and the Department of Labor and Industry (L&I) to target any policy solutions to specific problem areas.
 
To this end, my bill will:
  • Allow L&I to collect OSHA 300 data from public sector employers in Pennsylvania – and require public sector employers to provide the same data private sector employers already must compile for OSHA.
  • Similar to small employer exemptions in private industry, small public sector employers would be exempt from annual reporting.
  • Require public sector employers to participate in the Survey of Occupational Injuries and Illnesses when requested by L&I. Currently there is around 15% voluntary participation.
  • There would be no penalty for non-participation. L&I would be allowed to post a list of public employers who do not participate on their website.
  • Allow the analysis of this data and similar private sector data, with an annual report to the General Assembly and the Governor.
  • This bill will NOT appropriate additional money – L&I will be allowed to use a small portion of the money appropriated to them annually in the WC “housekeeping” bill, subject to any limitations inserted by the General Assembly.  Allow L&I to use up to $1.5 million of the money appropriated to them from the Workers Compensation Administration Fund each year. 
 
I have worked with L&I, CMU researchers, IUP Faculty and PA OSHA Consultation at IUP to develop this legislation.  Although there will need to be additional discussions with those entities and many other stakeholders, I hope that by introducing this legislation, we can bring this conversation into the next stage and ultimately ensure an equivalent safe and healthful workplace for public sector employees.
 
 

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Introduced as HB2860