Pa. House Labor & Industry Committee hears testimony on bill to require workplace heat protections

The Pennsylvania House Labor & Industry Committee held a public hearing on House Bill 15 80 on workplace heat protections, where sponsors, safety advocates and labor representatives urged the panel to advance the measure while industry groups flagged implementation and enforcement concerns.

Representative Elizabeth Fiedler, the bill’s prime sponsor, told the committee the measure would require employers to provide water, shade and paid rest breaks when a heat index reaches an extreme level and to adopt written, annually reviewed heat-illness prevention plans. "No worker should have to choose between a paycheck and protecting their health," Fiedler said, urging committee members to move the bill forward.

Cosponsor Representative Haddock described heat-related harms — "heat stroke, heat exhaustion, heat fainting, heat cramps" — and said Pennsylvania currently lacks laws specifically protecting workers from extreme heat exposure.

Nicole Fuller, executive director of the Philadelphia Area Project on Occupational Safety and Health (PHILAPOSH), testified the bill would direct the Department of Labor and Industry to put protections in place within about a year. "Workers across Pennsylvania need clear, enforceable protections from dangerous heat," Fuller said, describing construction, farm, warehouse and restaurant workers as especially vulnerable.

Labor leaders framed the bill as both a safety and economic measure. Michael Ford, secretary-treasurer of the Pennsylvania State Building Trades, said HB 15 80 would set baseline protections such as water, rest and shade and require acclimation plans for new workers. Angela Fredo, president of the Pennsylvania AFL-CIO, cited state worker-compensation data and national studies to contend heat-related claims and dangerous working days have increased and that targeted state rules are needed because federal OSHA does not provide a comprehensive, binding heat standard.

The Natural Resources Defense Council’s Juanita Constable cited examples of workplace fatalities and national research suggesting states with standards see fewer heat-related injuries. She said record-keeping on heat-related injuries required by the bill would be crucial for monitoring the problem.

Representatives of the construction industry raised practical concerns. Jason Byler of the Associated Builders and Contractors (Keystone chapter) said ABC supports safety measures but argued the bill’s definition of a "high heat condition" as a heat index of 80 degrees Fahrenheit is too broad and that humidity, wind and sun exposure should be considered. Byler also said the bill’s language on breaks, subcontractor responsibilities and enforcement requires clearer definitions and administrative procedures so employers acting in good faith can demonstrate compliance.

Committee members concentrated questions on two issues: whether parts of the bill would be preempted by federal OSHA, and whether the Department of Labor and Industry has the capacity and funding to enforce any new standard. Witnesses told the panel federal OSHA currently relies on a National Emphasis Program as guidance rather than a comprehensive enforceable standard; panelists said that federal protections do not cover state and local government workers, which state legislation could address. The committee did not have a Department of Labor and Industry representative at the hearing and requested follow-up on enforcement capacity and a fiscal note.

No formal vote was taken. The committee chair closed the hearing, thanked witnesses and said lawmakers will work with stakeholders to address concerns and refine the bill’s language before further consideration.

Sources: testimony to the House Labor & Industry Committee and statements from witnesses including Representative Elizabeth Fiedler, Representative Haddock, Nicole Fuller (PHILAPOSH), Michael Ford (Pennsylvania State Building Trades), Angela Fredo (Pennsylvania AFL-CIO), Juanita Constable (NRDC), and Jason Byler (Associated Builders and Contractors).