Pennsylvania House Bill 308, also known as the Public Employees Occupational Safety and Health Act, was passed by the House on April 9, 2025. Among other things, this Bill requires the PA Secretary of Labor and Industry to adopt federal OSHA standards to govern public employees.  While we strongly support the core goal of enhancing employee safety, there are significant factors to consider regarding the impact of this Bill, including the additional administrative and financial burdens the legislation will put on local government without evidence of an underlying problem. Simply put, HB 308 addresses a problem that does not exist and the almost certain negative impact will outweigh the hypothetical positive impact. Below are what we consider to be the pros and cons of this HB 308:

Pros

• Extension of Protections: HB 308 would ensure public sector employees are afforded the same OSHA protections currently guaranteed to private sector employees. This could address any perceived disparities in workplace safety standards between the two sectors.
• Potential for Reduced Liability: Enhanced safety protocols could decrease the number of workplace injuries, potentially reducing municipalities’ exposure to workers’ compensation claims and healthcare costs, resulting in financial benefits over time.
• Support for Employee Well-being: Strengthening safety protections aligns with the broader mission of prioritizing employee welfare and demonstrates a commitment to proactive risk management.

Cons

• Unclear Impact on Actual Safety Improvements or Safety Concerns: There is no substantial evidence suggesting that imposing OSHA requirements on municipalities would significantly improve safety outcomes beyond existing protections already in place for public employees. Moreover, there is no evidence indicating that public sector employees are currently at greater risk compared to those protected under OSHA, calling into question whether the financial and administrative costs would yield any meaningful safety benefit.
• Duplication of Existing Regulations: Public sector operations, particularly in areas like fire and EMS services, are already heavily regulated with comprehensive safety standards. Imposing additional OSHA regulations could result in unnecessary duplication, increasing administrative burdens without improving safety.
• Incompatibility with Public Sector Operations: It’s important to note that OSHA was not drafted with the public sector in mind. OSHA regulations were developed to protect private sector workplaces and may not appropriately fit the unique operational realities of municipal government services.
• New Administrative and Financial Burdens: Municipalities would face increased costs and administrative demands, including compliance monitoring, training, and reporting requirements without, as noted above, evidence that these additional burdens would actually improve safety.
• Impact on the Pennsylvania Department of Labor and Industry: Under HB 308, enforcement would fall to the state, not directly to OSHA, increasing the workload and resource demands on the Pennsylvania Department of Labor and Industry without corresponding increases in support or funding.
• Resource Diversion from Critical Services: Municipalities are already tasked with fulfilling a variety of public health, environmental, and safety mandates. Adding OSHA compliance requirements could divert already limited resources from essential services such as infrastructure maintenance, public safety operations, and public health initiatives.

In summary, while ensuring employee safety is paramount, we do not believe that HB 308 is the appropriate mechanism to achieve this goal. The Bill raises concerns about effectiveness, cost-benefit justification, administrative complexity, and governance autonomy. Without evidence of a blanket need to provide public employees with additional health and safety measures, it seems cavalier to add monetary and administrative burdens onto public entities. A more targeted approach, such as identifying specific gaps in municipal employee safety and addressing them with tailored state-level solutions would better serve both employees and municipalities.

If you have not yet had the opportunity, we strongly encourage you to contact your Senator on this important piece of legislation.  Feel free to contact Marie Wade, Esq. at mwade@dvtrusts.com or 267-803-5725 with any questions or concerns.