Pennsylvania HB 308: An Act providing for workplace health and safety standards for public employees; providing for powers and duties of the Secretary of Labor and Industry; establishing the Pennsylvania Occupational Safety and Health Review Board; providing for workplace inspections; and imposing penalties.

Bill Text

PRIOR PRINTER'S NO. 261 PRINTER'S NO. 1303
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 308
Session of
2025
INTRODUCED BY HARKINS, MEHAFFIE, GIRAL, PROBST, ISAACSON, HILL-
EVANS, PIELLI, FREEMAN, KHAN, McNEILL, BRENNAN, VENKAT,
FIEDLER, HOWARD, NEILSON, CERRATO, CEPEDA-FREYTIZ, SANCHEZ,
D. MILLER, DALEY, HADDOCK, DONAHUE, BENHAM, SAMUELSON,
WARREN, CIRESI, O'MARA, DEASY, CEPHAS, CONKLIN, FLEMING AND
K.HARRIS, JANUARY 23, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 8, 2025
AN ACT
Providing for workplace health and safety standards for public
employees; providing for powers and duties of the Secretary
of Labor and Industry; establishing the Pennsylvania
Occupational Safety and Health Review Board; providing for
workplace inspections; and imposing penalties.
This act may be referred to as Jake's Law.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Legislative declaration.
Section 3. Definitions.
Section 4. Application.
Section 5. Employer duties.
Section 6. Regulations.
Section 7. Standards.
Section 8. Variances.
Section 9. Pennsylvania Occupational Safety and Health Review
Board.
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Section 10. Appeal from review board.
Section 11. Inspection and investigation powers.
Section 12. Inspection and investigation of violations.
Section 13. Recordkeeping.
Section 14. Compliance orders.
Section 15. Enforcement procedures.
Section 16. Injunction proceedings.
Section 17. Penalties.
Section 18. Discrimination against employees.
Section 19. Research and demonstration projects.
Section 20. Education programs.
Section 21. Reports to United States Secretary of Labor.
Section 22. Confidentiality of information maintained.
Section 23. Funding.
Section 24. Effective date.
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
Employees Occupational Safety and Health Act.
Section 2. Legislative declaration.
The General Assembly hereby declares as follows:
(1) It is a basic right of all employees to work in an
environment that is free from hazards and risks to their
safety. It is the intent of the General Assembly to ensure
that this right is also afforded to employees of the
Commonwealth, its counties, cities, towns, boroughs and
townships and other public employers who serve the people of
this Commonwealth.
(2) A significant percentage of all of those employed in
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this Commonwealth are employed by the Commonwealth or by one
of its political subdivisions. Many of these public employees
perform job functions comparable to those performed by
workers in the private sector who are protected by 29 U.S.C.
Ch. 15 (relating to occupational safety and health). The
General Assembly, therefore, finds it inappropriate to
continue two standards for employee safety, one applicable to
those who work in the private sector and one for those who
are employed by a public employer.
(3) The General Assembly has further determined that a
safe place in which to work is economically advantageous to
employers. Work-related accidents and injuries and the
absences caused thereby decrease employee productivity and
increase workers' compensation costs. In addition, unsafe
premises increase the risk of financial liability for
injuries to members of the public who frequent public
buildings.
(4) The General Assembly, in an exercise of the
Commonwealth's police power, charges the secretary with the
responsibility to ensure that all public employees are
afforded the same safeguards in their workplace as are
granted to employees in the private sector.
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:
"Authorized employee representative." An employee authorized
by employees or the designated representative of an employee
organization recognized or certified to represent the employees.
"Department." The Department of Labor and Industry of the
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Commonwealth.
"Employee organization." As follows:
(1) An organization of any kind or an agency or employee
representation committee or plan in which membership includes
public employees and which exists for the purpose, in whole
or in part, of dealing with employers concerning grievances,
employee-employer disputes, wages, rates of pay, hours of
employment or conditions of work.
(2) The term does not include an organization that
practices discrimination in membership because of race,
color, creed, national origin or political affiliation.
"Occupational safety and health standard." A standard that
requires conditions, or the adoption or use of one or more
practices, means, methods, operations or processes,