Pennsylvania HB 2331: An Act providing for the investigations by the Department of Labor and Industry of employee injuries at warehouse distribution centers; and imposing penalties.

Bill Text

PRINTER'S NO. 3105
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2331
Session of
2026
INTRODUCED BY D. WILLIAMS, HARKINS, WAXMAN, FREEMAN, HILL-EVANS,
GOUGHNOUR, OTTEN, CEPEDA-FREYTIZ, SAMUELSON, MALAGARI,
MERSKI, MADDEN, PARKER AND SANCHEZ, MARCH 30, 2026
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 30, 2026
AN ACT
Providing for the investigations by the Department of Labor and
Industry of employee injuries at warehouse distribution
centers; and imposing penalties.
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 Injuries At
Warehouse Distribution Centers Act.
Section 2. 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:
"Annual injury rate." A metric to measure the injury rate at
an employer during the course of the calendar year and reported
to the United States Bureau of Labor Statistics' Injuries,
Illnesses, and Fatalities program.
"Department." The Department of Labor and Industry of the
Commonwealth.
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"Employee." An individual who is employed and performs work
tasks at a warehouse distribution center.
"Employer." The term shall mean the same as defined under
section 103 of the act of June 2, 1915 (P.L.736, No.338), known
as the Workers' Compensation Act.
"Injury rate." Metrics that quantify the number of
fatalities and rates of injuries and illnesses per 100 full-time
employees in warehousing and storage.
"Warehouse distribution center." An entity engaged in
activities as defined by the North American Industry
Classification System under the following codes:
(1) 423 Merchant Wholesalers, Durable Goods.
(2) 424 Merchant Wholesalers, Nondurable Goods.
(3) 493 Warehousing and Storage.
(4) 4921 Couriers and Express Delivery Services.
Section 3. Investigation.
(a) Duty to investigate.--If a warehouse distribution center
reports to the United States Bureau of Labor Statistics and the
department an annual injury rate 30% or higher than the average
annual injury rate for warehouse distribution centers as
published by the United States Bureau of Labor Statistics'
Injuries, Illnesses, and Fatalities program, the department
shall conduct an investigation. When conducting an
investigation, the department may:
(1) Consolidate complaints as deemed appropriate by the
department.
(2) Enter and inspect a warehouse distribution center.
(3) Request or subpoena records as the department may
deem appropriate or necessary.
(4) Interview employees for the purposes of determining
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whether an employer is in compliance with the laws of this
Commonwealth.
(b) Notification to the employer.--The department shall
issue a notice to inform the employer of the investigation.
(c) Notification to employees.--An employer shall provide
written and electronic notifications to each employee that the
department is conducting an investigation.
Section 4. Penalties.
(a) Violation penalties.--An employer that has an annual
injury rate of 30% or higher shall be subject to the following
civil penalties:
(1) Not less than $6,250 for the first violation.
(2) Not more than $12,500 for the second violation.
(3) Not more than $25,000 for the third or subsequent
violation.
(b) Administrative agency law.--This section shall be
subject to 2 Pa.C.S. Chs. 5. Subch. A (relating to practice and
procedure of Commonwealth agencies) and 7 Subch. A (relating to
judicial review of Commonwealth agency action).
Section 5. Powers and duties.
(a) Regulations.--The department may promulgate and enforce
regulations consistent with this act.
(b) Prosecution.--The Office of Attorney General may
prosecute civil or criminal actions under this act.
Section 6. Effective date.
This act shall take effect in 90 days.
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