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 Safe . . .ty and Health Review Board; providing for workplace inspections; and imposing penalties.
HB308, known as the Public Employees Occupational Safety and Health Act and also referred to as Jake’s Law, would create a state occupational safety and health framework specifically for public employees in Pennsylvania. The bill declares that public workers should have the same workplace safety protections as private-sector workers and directs the Department of Labor and Industry to develop and enforce safety and health standards for public employers, including the Commonwealth, local governments, public school entities, and certain nonprofit or grant-funded institutions not already covered by federal OSHA.
The bill authorizes the secretary of Labor and Industry to adopt standards, conduct inspections without advance notice, investigate complaints and imminent dangers, issue compliance orders, and seek injunctions in Commonwealth Court for dangerous conditions. It also establishes a five-member Pennsylvania Occupational Safety and Health Review Board to hear appeals, sets recordkeeping and reporting requirements, protects employees from retaliation for raising safety concerns, and imposes civil and criminal penalties for violations, including for willful violations causing death, obstructing inspections, false statements, and unauthorized disclosure of confidential information.
If enacted, HB308 would add a new state-level occupational safety and health regime for public-sector workplaces, filling a gap where federal OSHA coverage does not apply. It would impose affirmative duties on public employers to maintain safe workplaces, comply with standards, provide hazard information, keep injury and exposure records, and post compliance orders, while giving employees and their representatives inspection and complaint rights. The bill would also create new administrative structures and enforcement tools within the Department of Labor and Industry and the Review Board, while preserving workers’ compensation and other existing legal rights and limiting the act to employees not already covered by federal occupational safety and health standards.
The overall sentiment appears supportive but divided. The bill advanced out of the House Labor and Industry Committee and ultimately passed the House on final passage, suggesting substantial backing for extending OSHA-like protections to public employees. The bill’s framing as a workplace safety measure and its emphasis on equal protection for public workers indicate broad policy appeal, especially among sponsors and supporters focused on public employee safety.
The main points of contention appear to be the scope and enforceability of the new state plan, including whether Pennsylvania should create a separate public-sector OSHA-style system and how much authority the secretary of Labor and Industry should have over inspections, standards, penalties, and emergency injunctions. The committee vote on an amendment was split, indicating disagreement over bill details, and the close committee vote to report the bill suggests some resistance. Likely concerns include administrative burden on public employers, overlap with federal standards, and the breadth of penalties and inspection powers, while supporters emphasize parity with private-sector protections and stronger safety enforcement for public workers.