House/Senate Bills Seek to Expand OSH Act to Cover Public Sector Workers
Senator Ed Markey (D-MA), for himself and on behalf of Sens. Chuck Schumer (D-NY), Bernie Sanders (I-VT), Ben Ray Luján (D-NM), Ron Wyden (D-OR), Chris Van Hollen (D-MD), Alex Padilla (D-CA), Richard Blumenthal (D-CT), Tammy Baldwin (D-WI), and Adam Schiff (D-CA) has recently introduced the Public Service Worker Protection Act, which seeks to expand the Occupational Safety and Health (OSH) Act to extend protections to public employees at the federal, state, and local levels.
The OSH Act was introduced in 1970 and requires employers to maintain safe and healthful working conditions by requiring employees to be provided with a working environment free from recognized hazards that are likely to cause serious injury or death. Under the OSH Act, employers must comply with occupational safety and health standards promulgated under the OSH Act. The OSH Act also established the Occupational Safety and Health Administration (OSHA) within the U.S. Department of Labor to enforce OSH Act compliance. The OSH Act applies to most private sector employers and employees in the United States, but generally does not include public sector workers, unless they work in states that have plans approved by OSHA that specifically extend protections to public employees. If enacted, millions of public sector workers would be afforded the same protections as private sector workers.
The Public Service Worker Protection Act seeks to amend the definition of employer in Section 3(5) of the OSH Act to explicitly state that public employees at the federal, state, and local levels are covered by the OSH Act. If enacted, the amendment would take effect 90 days from the enactment date for the majority of public workers, except federal OSHA workplaces in states or political subdivisions, where the amendment would take effect 36 months after the enactment date. The amendment specifically states that nothing in the amendment should be construed to affect the application of section 18 of the OSH Act, which allows states to operate their own occupational safety and health programs.
A companion bill, H.R. 3139, was also introduced in the House by Rep. Christopher Deluzio (D-PA) and was co-sponsored by 25 Republican and Democratic representatives. The House Bill has been referred to the House Committee on Education and Workforce.
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