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Committee reports bill to extend OSHA‑style protections to public‑sector employees after amendment debate
Summary
House Bill 308, which would create state workplace safety protections for public‑sector employees similar to federal OSHA and establish a Pennsylvania Occupational Safety and Health Review Board, was reported as committed by the House Labor & Industry Committee after amendment votes and extended debate.
House Bill 308, the so‑called "Jake Schwab" OSHA bill, which would establish workplace health and safety standards for public‑sector employees modeled on the federal Occupational Safety and Health Act, was reported as committed by the House Labor & Industry Committee after debate and a party‑line vote.
Sponsor Representative Bryan Harkins said the measure — long introduced in the House and described by its sponsor as the Jake Schwab OSHA legislation — would extend to public sector workers protections similar to those afforded private‑sector employees under federal OSHA. Harkins recounted the death of Jake Schwab and urged passage: "This bill will provide OSHA protections to public sector employees who currently don't have coverage that their counterparts in the private sector enjoy." He asked the committee to advance the bill to the House.
Chairman Grove offered Amendment A00033 to remove language that required wholesale adoption of federal OSHA standards and future federal amendments. Grove said the change narrows the department's authority and addresses constitutional separation‑of‑powers concerns, citing Protz v. Workers' Comp. Appeal Bd. and the Pennsylvania Constitution's legislative authority provisions.
The committee debated the amendment and bill at length. Opponents warned of cost and implementation burdens for public entities, including transit authorities, and raised concerns about the potential effects on a tight labor market and local budgets. Representative Diorci (DeOrsi) asked whether a state review board would be interpreting federal law; committee leadership said they would seek clarification on appeals and coordination with federal officials. Representative Siegel pointed to data from other states with public‑sector OSHA programs and said, citing California, that such programs correlated with lower injury rates and reduced compensation costs.
The committee adopted A00033 to remove the automatic‑adoption language; that amendment drew opposition from Democrats and support primarily from Republican members. On the final motion the committee recorded all Democrats voting in the affirmative and all Republicans in the negative; HB 308 was reported as committed to the House.
Committee members said they will continue negotiations with stakeholders, and several members urged further bipartisan work to produce a bill acceptable to a majority in both chambers.
