Senate restores workplace-safety language for public employees, advances LB397

Senators on the floor adopted an amendment preserving statutory workplace-safety committee language for public employees and advanced LB397 to the next stage.

Senator John Kavanaugh introduced AM 19‑45 as a fix to LB397 that would restore language ensuring workplace-safety protections for public employees not covered by federal OSHA. “My amendment puts the requirement back in place as it pertains to public sector employees who are not covered by OSHA,” Kavanaugh said during his refresh of the amendment.

Why it matters: Senators in support said LB397, in its original form, removed statutory structures that historically enabled prevention and oversight, and that removing those provisions could make future reinstitution of mandatory inspections and preventive programs difficult. Senator Duncan, arguing for AM 19‑45, warned that LB397 “continues to whittle away at workplace safety” and urged colleagues to preserve the statutory framework for inspections and safety committees for workers such as street cleaners, firefighters and public-power employees who often fall outside federal OSHA coverage.

What the amendment does: The floor amendment FAA 9‑64, adopted before AM 19‑45 was voted on, removed a requirement that the Department of Labor promulgate new regulations and changed a statutory “shall” to a discretionary “may” for certain public-sector bargaining language. Kavanaugh described FAA 9‑64 as narrowing the bill’s rollback by eliminating unnecessary regulatory duties while still restoring protections for public employees.

Votes and next steps: The chamber adopted FAA 9‑64 and then approved AM 19‑45 as amended. The clerk recorded FAA 9‑64 as adopted (38 ayes, no nays) and later recorded AM 19‑45 as adopted (44 ayes, no nays). Following those votes, Senator Gareca moved to advance LB397 to E & R (engrossing); the motion passed as recorded (42 ayes, no nays) and LB397 was advanced.

Context and debate: Opponents of maintaining the older statutory language said parts of the statute had gone unused for years and that removing duplicative language could reduce unnecessary regulatory burdens. Proponents responded that the underlying statutory framework supports preventative safety work and facilitates collaboration between workers and employers; several senators cited past workplace fatalities and federal OSHA staffing cuts as reasons to retain state-level preventive mechanisms. Senator Conrad cited U.S. Bureau of Labor Statistics data showing recent fatal work injuries in Nebraska and urged caution before eliminating prevention-focused provisions.

What was not decided: The chamber did not take final action on LB397 beyond advancing it for engrossing; any further change will occur in subsequent steps of the legislative process.

The clerk recorded the adoption of AM 19‑45 and the advancement of LB397 to E & R for engrossing; the bill will next be processed for engrossing and further floor or committee steps.