Labor committee narrows HB 303 to electrical safety; amendment adopted, full bill split 9-9 and sent to interim study 17-1

The New Hampshire House Labor, Industrial and Rehabilitative Services Committee on the retained bill HB 303 narrowed the measure to require the Department of Labor to adopt workplace electrical-safety rules at a level "at least as effective as" OSHA's 29 CFR 1910 Subpart S. The committee approved the amendment to narrow the bill, but split 9-9 on the committee's recommendation that the bill "ought to pass as amended" and then voted 17-1 to send the measure to interim study.

Representative Joe Sullivan, the member who introduced the revised language, told the committee the amendment (2025-3002H) eliminates the earlier, broader proposal to adopt standards across the full OSHA 1910 book and instead directs the Department of Labor to focus on electrical safety. "This amendment takes 1 small section of the standards ... only subsection S deals with electrical safety," Sullivan said, adding the department would write rules that are "at least as effective" as the OSHA provision but phrased in clearer language for New Hampshire employers and employees.

Deputy Commissioner Daniel Albert of the New Hampshire Department of Labor told the committee the department had reviewed the amendment and could implement electrical-safety rules but warned rulemaking can be lengthy. "It can take up to a year, maybe a little bit more, for rules to ... be finally approved and put into effect," Albert said, describing drafting and JELCAR review timeframes. Albert also said the department has been updating several safety-related sections of the administrative rules (the "lab 1400" series) and had recently submitted changes to JELCAR.

Committee members questioned scope, legal exposure and fiscal effects. Representative Tom Flanagan asked who would decide whether the state standard was "as effective" as OSHA; committee counsel and department staff said the department drafts the rules and JELCAR provides a public-review check. Representative Granger urged caution about duplicating building and electrical codes controlled by other agencies; Daniel Albert said the department does not enforce electrical code but would address workplace electrical safety, which can overlap with code requirements.

Committee members also sought data. A staff chart presented by Mr. Allen (committee staff) showed injury-rate data per 1,000 employees and indicated 2021'2023 as years with higher public-sector rates per thousand in the dataset; Allen read those years into the record: "Those years are 2021, 2022, and 2023." Department staff cautioned that the department's injury reporting database does not reliably capture severity details because carriers do not always report all medical payments.

On motions and votes the committee recorded:

- Amendment 2025-3002H (narrow HB 303 to electrical safety/subpart S): adopted (roll call recorded as "yes" by committee members present). The amendment vote was called and recorded by roll call; clerks recorded the amendment as approved prior to the final recommendation votes.

- Motion: "Ought to pass as amended" on HB 303 — tie vote, 9 yes, 9 no; tie fails, so no majority recommendation in favor. The roll call recorded nine members voting yes (including Representative Sullivan and Representative Cahill) and nine voting no.

- Motion: Interim study on HB 303 — passed 17 yes, 1 no. Representative Drago moved interim study; Representative Flanagan seconded. Representative Sullivan said he would support interim study to continue work during the interim.

Representative Sullivan framed the narrower approach as filling a "glaring omission" in the state's public-sector safety rules: "At present, electrical hazards are not OK under the Department of Labor ... This will simply make it clear what electrical safety is all about in the public sector in New Hampshire," he said.

Representative Tom Cahill, who supported the measure, said the policy aim is prevention: "The cheapest accident is the one that doesn't happen," he told the committee when explaining his yes vote on the amendment earlier.

Opponents raised concerns about fiscal impacts and liability. Representative Dyson said he could not support a final recommendation without a fiscal note. Representative Flanagan said he was uncomfortable with the statutory phrase "as effective as" federal OSHA standards and worried it could create legal uncertainty.

Next steps: With no majority recommendation to report the bill as ought to pass, the committee's interim-study motion passed and the committee will continue work on the issue during the interim. The transcript records committee direction to continue drafting and to return to the item in a future session; department staff said they would participate in rule drafting if the statutory language remained.

Votes at a glance

- Amendment 2025-3002H (narrow HB 303 to electrical safety/subpart S): amendment adopted (roll call recorded as yes votes among committee members present). - HB 303, motion "Ought to pass as amended": tie, 9 yes / 9 no — no majority recommendation. - HB 303, motion for interim study: passed 17 yes / 1 no.

The committee transcript shows extended questioning of department staff about rulemaking timeline, potential staffing needs and the distinction between electrical safety standards and building/electrical code enforcement.