Expanding Workplace Safety Protections for Public Employees: The "Public Service Worker Protection Act"

Strategic Insights -

A bill recently introduced in the U.S. Senate seeks to significantly expand the Occupational Safety and Health Act of 1970 by protecting public employees at the federal, state, and local levels. The proposal, known as the "Public Service Worker Protection Act" (PSWPA), would amend the OSH Act to include employees of the United States, states, and political subdivisions of states as covered employers. This would provide public-sector workers with the same occupational safety and health protections currently available to private-sector employees.

The PSWPA would amend Section 3(5) of the OSH Act to explicitly include public employees, covering federal, state, and local government workers. The amendment would take effect ninety days after the PSWPA's enactment for most public employees. For federal OSHA workplaces of states or political subdivisions, the amendment would take effect thirty-six months after the PSWPA's enactment. The legislation clarifies that it does not alter the application of Section 18 of the OSH Act, which governs state plans.

Key Takeaways:

  • The PSWPA seeks to amend the OSH Act to protect public employees at the federal, state, and local levels from workplace safety hazards.
  • The proposed amendment would strike the existing exclusionary language in Section 3(5) and replace it with language that includes the United States, states, and political subdivisions as employers under the OSH Act.
  • The PSWPA would provide a phased implementation, with most public employees gaining protection ninety days after the date of enactment, and workplaces in federal OSHA states gaining protection thirty-six months later.
  • The legislation includes a rule of construction stating that nothing in the PSWPA should be interpreted to affect the application of Section 18 of the OSH Act.
  • If enacted, the PSWPA would represent a significant expansion of federal workplace safety protections, bringing millions of public-sector employees under the OSH Act's regulatory framework.

Statistics:

  • The proposed amendment would affect millions of public-sector employees in the United States.
  • Ninety days after the PSWPA's enactment, approximately 20 million public employees would gain protection under the OSH Act.
  • Thirty-six months after the PSWPA's enactment, an estimated 15 million public employees in federal OSHA workplaces would gain protection.

Sources:

  • U.S. Senate Bill (no. unknown)
  • Article by Ogletree, Deakins, Nash, Smoak & Stewart (https://www.ogletree.com/news-and-insights/public-service-worker-protection-act-public-employees)
  • Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.)
  • Section 18 of the OSH Act (29 U.S.C. § 668)