Harrisburg – May 20, 2021 – At the request of Senator Tina Tartaglione (D- Philadelphia), Democratic Chair of the Senate Committee on Labor & Industry, the Pennsylvania Democratic Policy Committee held a virtual public hearing to discuss Senate Bill 310 and OSHA protections for public employees.
“For more than 50 years, America’s private-sector employees and federal employees have benefitted from the safeguards and the peace of mind provided by the Occupational Safety and Health Act (OSHA). It is a travesty that Pennsylvania’s public employees don’t have the same protections,” Senator Tartaglione said. “All workers have the right to a safe and healthy workplace, and they have a right to know they won’t face retribution when they speak out about deficient and dangerous conditions. My Senate Bill 310 would extend critical OSHA protections to all Pennsylvania workers.”
Senate Bill 310 would establish the Pennsylvania Occupational Safety and Health Review Board within the Department of Labor and Industry. Currently, Pennsylvania workers at state and local government agencies do not have Occupational Safety and Health Administration (OSHA) protection. This proposed legislation would extend OSHA safety rules to public employees of the commonwealth, all legal political subdivisions, public schools, public transit systems, and non-profit organizations in Pennsylvania.
“Workers deserve to know that when they come to work, their health and safety is a priority and not an afterthought. No one should have to accept that life threatening conditions are just part of a job, and workers in every profession and field should have OSHA protections. I am proud to support Senate Bill 310, and I am so grateful to Senator Tartaglione for championing this bill in the Senate and making workplace protections a priority in our caucus,” Sen. Katie Muth (D- Berks/Chester/Montgomery), chair of the Senate Democratic Policy Committee, said.
“According to the AFL-CIO Death on the Job Report, 8.1 million public sector workers lack OSHA protection nationwide. In 2019, their injury and illness rate were 64 percent higher than employees in the private sector,” Mike Maguire, Director of Political & Legislative Affairs at AFSCME Council 13, said. “Since the establishment of OSHA in 1971, more than 627,000 worker’s lives have been saved. Let’s extend those protections to our commonwealth’s public sector workforce.”
In opposition to the Senate Bill 310 were Keith Wentz, Manager of Risk Management & Underwriting at the County Commissioners Association of Pennsylvania (CCAP), and Stuart Knade, Esq., Chief Legal Officer of the Pennsylvania School Boards Association.
Wentz noted in his testimony that he and his organization do not believe that further OSHA protections are needed for public employees because there are already voluntary safety boards and random inspections of facilities.
Knade said that implementing OSHA protections for public employees in Pennsylvania would be difficult because OSHA was not written with them in mind, creating issues with implementation. He also said that the implementation would be cost prohibitive.
Both Wentz and Knade agreed to continue further conversations with Senator Tartaglione on Senate Bill 310 and public employee protections.
“Costs actually go down when you make your workplace more safe,” Rick Bloomingdale, President of the Pennsylvania AFL-CIO, said. Bloomingdale said in his testimony that the same arguments that Wentz and Knade gave today were used in the 1970s when OSHA was first enacted. However, over the years, OSHA has proven to be a draw for employees and employers in the private sector.
Bloomingdale said that there is less employee turnover, higher morale, and less incidents leading to injury and need for workplace compensation because of OSHA regulations in private sector workplaces.
“According to the National AFL-CIO’s Annual Death on the Jobs report, in 2016, state and local public-sector employers reported an injury rate of 4.7 per 100 workers, which is significantly higher than the reported rate of 2.9 per 100 among private-sector workers,” Bloomingdale said.
Jeff Ney, Treasurer of the Pennsylvania State Education Association (PSEA), explained in his testimony that teachers are also excluded from OSHA protections.
“Like me, so many public employees are shocked to learn that these basic protections don’t apply to them or to their place of employment,” Ney said. “The common-sense protections contained in SB 310 will also ensure that our students have a safe and healthy educational environment – which is the most basic and indispensable factor in fostering academic excellence. School employees’ working conditions are students’ learning conditions.”
Maguire, of AFCME said in his testimony that workers are more than just resources, they are human beings and they deserve workplaces that treat them that way.
“This is the most important bill to AFCME,” concluded Maguire.
Below are all who participated in today’s hearing:
- Keith Wentz, Manager of Risk Management & Underwriting, County Commissioners Association of Pennsylvania (CCAP)
- Stuart Knade, Esq., Chief Legal Officer, Pennsylvania School Boards Association
- Rick Bloomingdale, President of the Pennsylvania AFL-CIO
- Mike Maguire, Director of Political & Legislative Affairs, AFSCME Council 13
- Jeff Ney, Treasurer, Pennsylvania State Education Association
- Dr. David Levine, UC Berkeley, Haas School of Business
Senate Democratic Leader Jay Costa (D- Allegheny) also attended this hearing, as did Senators Anthony H. Williams (D- Philadelphia/Delaware), Lisa Boscola (D- Lehigh/Northampton), Lindsey Williams (D- Allegheny), John Kane (D- Chester/Delaware), and Amanda Cappelletti (D- Delaware/Montgomery).
The full recording of this roundtable, as well as the written testimony from participants, can be found at senatormuth.com/policy. A full recording of this hearing can also be found on the PA Senate Democratic Facebook page.
Harrisburg, PA − April 8, 2020 − The Senate adjourned Tuesday afternoon after the House Republicans indicated they would not be taking up Senate Bill 841, legislation that would have enabled local municipalities to hold their meetings remotely, permitted e-notary use; lengthened the time period a property tax payer can receive an early payment discount and delay penalties for late payments to Dec. 31st; and allowed businesses to make delayed payments on EITC. Another important amendment offered by Senator Pam Iovino (D-Allegheny) allowed school districts to renegotiate contracts to ensure contracted school workers can get paid and continue to receive benefits.
The amended SB 841 passed the Senate with bipartisan support. While the Senate Democrats and Republicans chose to put partisan difference aside, the House Republicans were pushing to please special interests and big donors. Intending to use this crisis as leverage, Speaker Turzai and his caucus passed legislation to prematurely allow businesses to reopen during this public health crisis and create a partisan task force to interfere with the Governor’s disaster response, both of which unnecessarily risk lives and threaten to expend the emergency.
“While the Governor and Department of Health Secretary offer leadership on public safety in daily briefings and Democratic members of the PA House and Senate draft legislation to protect working people who are either out of work or employed on the front lines of essential businesses, Republicans are putting lives at risk and undermining the Governor and Secretary Levine’s best efforts to end this crisis,” said Senate Democratic Leader Jay Costa, Jr. “Instead of taking the advice of our Health Secretary, they are trying to slow down our response and hasten the re-opening of non-essential businesses against the guidance of every public health entity in the country.”
The House Republicans were seeking even more egregious measures to provide civil immunity to big businesses, upend school districts ability to pay their teachers, and leave our corrections department employees at serious threat of the Coronavirus. Perhaps worst of all, the language does nothing to protect frontline workers, provide assistance to those that are out of work, or to help small businesses weather this crisis.
In an amendment to Senate Bill 327, House Republicans designed a task force with partisan appointees to usurp the Governor’s ability to rapidly respond to this quickly-evolving crisis. Their bill would require the Secretary of Health to leave PEMA, take hours away from public health crisis planning and defend her work in front of a redundant, political body.
The Senate Democratic Caucus will not support these bills. Alternatively, this caucus will be supporting legislation on the following issues:
- The American Working Family Relief Action Plan for front-line worker protections (Collett/L. Williams)
- Protecting workers during public health emergencies (Santarsiero)
- COVID-19 Food Worker Safety Act (Tartaglione)
- COVID-19 Grocery Store Worker Safety Act (Tartaglione)
- Payment of contract services in schools (Iovino)
- Childcare assistance (Schwank/L. Williams)
- Emergency expansion of the Family Medical Leave Act to provide paid sick leave (Farnese)
- Crisis grants for volunteer fire and EMS companies due to COVID-19 (Brewster)
- Require business interruption insurance to cover COVID-19 related business closures (Hughes)
- Eviction protection for all disaster emergencies (Farnese)
- Coronavirus disease and schools: allowing for online instruction (Dinniman)
- Creating a Common Wealth Fund to collect donations from individuals to provide for essential needs of those in need (AH Williams)
- Providing a presumption of eligibility for Workers’ Compensation benefits for workers that get sick in the workplace (Tartaglione)
- Ensuring receipt of a stimulus check from the Federal government is not included in an individual’s income for purposes of qualifying for social safety nets (Schwank)
- Exempting stimulus checks from the Federal government from State and local taxation (Brewster)
- Collaborating with financial institutions to mandate mortgage loan forgiveness, assistance to homeowners that were laid off due to state emergencies (Farnese)
“While many working Pennsylvanians are suffering from the COVID-19 pandemic, facing lost hours or even complete unemployment, others who find themselves in more fortunate circumstances have expressed a desire to help their fellow citizens by either donating to a local charity or patronizing local businesses,” said Senator Anthony H. Williams. “By establishing the “Pennsylvania Common Wealth” restricted account, taxpayers could redirect all or a portion of their stimulus check to the state, which in turn would be authorized to direct those funds into programs which help the neediest Pennsylvanians – property tax & rent rebates, temporary assistance for needy families, CHIP or medical assistance.”
“Pennsylvania needs solutions that help protect its working people who have been hit the hardest by the fallout of the coronavirus pandemic,” Senator Vincent Hughes said. “We in the Pennsylvania Senate Democratic Caucus have put forth a number of policy proposals that would do just that, meanwhile House Republicans have chosen to ignore these needs and push an agenda that jeopardizes public health and puts additional pressure on working people by delaying immediate relief. Our mission should be helping people in this unprecedented time of need and we will remain vigilant in protecting hardworking folks across the commonwealth.”
“As public servants, our most important duty is to protect the health, safety and welfare of our citizens. This includes making difficult decisions in challenging times. We all want businesses to reopen, employees back on the job, students back in classrooms and some semblance of normal life to resume, but that cannot happen unless we first continue mitigation efforts and follow the advice of our scientists and experts,” said Senator Wayne D. Fontana. “Anything contrary can set back progress and cause further harm on our economy and most importantly, on human health. The bipartisan legislation the Senate approved provides some necessary guidance and relief to local governments, businesses, school employees and property taxpayers during this unprecedented situation. It is unconscionable that House Republicans blatantly disregarded that duty and have chosen not to act.”
“The spread of coronavirus has not quieted the voice of special interests in Harrisburg and that’s tragic,” said Senator Larry Farnese. “Mitigation through isolation is working and we have to recognize that sacrifice through legislation that actually helps front-line workers instead of just saying nice things on social media.”
“This crisis and the Commonwealth’s response to the COVID-19 pandemic requires leadership, transparency and cooperation – not partisan politics,” said Senator John Blake. “While we’ve worked well with the Senate majority on real solutions that actually help people in this crisis, the House majority looks to undermine the executive authority of the Governor as well as the advice of medical and scientific experts regarding public health. I applaud the work being done by Governor Wolf and his administration to keep Pennsylvanians safe and to mitigate the spread of COVID-19. I will continue to support important legislation to help our business community, front-line workers and medical professionals; and to protect our citizens, schools and local governments across this state. We need to remain vigilant in following the recommendations of the PA Department of Health and the federal CDC.”
“Issues that the Commonwealth was already facing have been exacerbated by this pandemic, and child care services and early learning programs are near the top of the list. Childcare centers are teetering on the brink of insolvency, which is why part of our legislative package addresses early childhood learning and safe, quality childcare. We will not be able to restart Pennsylvania’s economy without this key component,” Senator Judy Schwank said. “Additionally, it’s vital that the income requirements of state programs like PACENET and Property Tax and Rent Rebate are adjusted so that Pennsylvanians receiving federal aid are not penalized later.”
“The key to an effective response to the pandemic is to ensure that our citizens are protected, health risks are addressed, and our economy restarts quickly,” Senator Jim Brewster said. “That’s why I introduced a six-point stimulus plan that will help small business, protect workers and create jobs once we are clear the threat posed by the pandemic. In addition, we need to make sure to address the immediate and long-term needs of first responders and all workers and businesses who are providing essential services during this time of extraordinary stress.”
“There is no segment of our Commonwealth that hasn’t been upended by this crisis. Everything is a priority. But in order to save livelihoods, we must first save lives,” said Senator Maria Collett. “As a nurse, I know firsthand the challenges our health care workers are up against and the urgency of passing legislation like the American Working Family Relief Action Plan for Front-Line Workers. Our doctors, nurses, first responders, senior care aides and others should not have to worry about getting sick or infecting others while performing their essential work.”
“It is irresponsible for the state to reopen businesses at the height of the COVID-19 outbreak. Those who are not essential workers should remain home,” said Senator Art Haywood. “We need to do all we can as legislators to support essential employees risking their lives on a daily basis,” said Senator Haywood (D-Montgomery/Philadelphia). “I will continue to support the work Governor Wolf and Secretary Levine have done to inform the public to remain safe and stay home.”
“The citizens of Pennsylvania are counting on their elected representatives to save lives by responding swiftly, pragmatically, and in a bipartisan manner to slow the spread of this highly contagious virus,” said Senator Pam Iovino. “To fulfill our duty to the public, we must follow the consensus guidance of public health professionals, focus on protecting front-line essential workers, and put in place protections that allow furloughed or unemployed workers and small businesses to weather the economic disruption.”
“As the Democratic chair of the Local Government Committee, I worked with stakeholders for weeks to craft the provisions of SB 841, I am disappointed these commonsense measures, which passed the Senate with bipartisan support, are being held up by House Republicans for little reason,” said Senator Tim Kearney. “The House should immediately pass SB 841 and focus on bringing relief to Pennsylvanians, rather than sabotaging the Governor’s efforts to keep our families safe.”
“Yesterday, the majority party in both chambers failed to use their legislative power, where they can literally pass any bill they want to, and instead decided to pack up and go home without,” said Senator Katie Muth. “Failing to pass meaningful bills when people are fighting for their lives is simply negligent.”
“Now is not the time to play politics,” said Senator Steve Santarsiero. “Saving lives has to be the first priority. In order to do that, we must all do our part and follow the Governor’s and Department of Health’s plans as they’ve been explained to us countless times. SB 841 is just one of many ways our caucus has worked in a bipartisan effort to provide relief to those who need it most. However, SB 327 is exactly what our healthcare professionals warn us against. Promoting a premature return to normalcy will only undermine our effort to keep the public safe, and further endanger thousands of lives.”
“Government’s most important role is the protection of its people. Since the COVID-19 crisis the Senate has met three times, with little to show for it. Communities across the commonwealth have no interest in the paralysis of government especially in the most desperate of times. What they do care about is the protection of our essential workforce, the interruption of our small businesses, job loss, staying in their homes and educating their children. The only thing that matters is the preservation and protection of every resource needed to keep families safe during this health crisis,” said Senator Sharif Street.
“We need to be back in Harrisburg, we need to get back to work. We must work together to ensure our communities are protected during uncertain times.”
“As thousands of Pennsylvanians continue to get sick and hundreds die, now is no time to play partisan politics,” Senator Tina Tartaglione said. “As public leaders, we must unite behind the common goal of reducing the threat of this virus and mitigating the harm being done to our constituents. The package of bills we have proposed will directly help all Pennsylvania families, including essential workers, displaced workers, first responders, school children, those who have become sick, and those in need. I urge all legislators from all political parties to support these bills.”
“Stopping the spread of COVID-19 and saving lives is our top priority. We also need to protect and support our constituents, our communities, and our businesses,” said Senator Lindsey Williams. “Our front-line essential workers – our hospital workers, grocery store workers, emergency service personnel and others – cannot afford to wait for PPE. They needed it weeks ago. Our childcare facilities need our help to stay open and provide care to the children of our essential workers while they risk their lives for us. Our small businesses need financial support to stay afloat. Our municipalities need the ability to meet remotely and make decisions that will ensure the safety of all of residents. There are a lot of needs right now and our constituents do not have time for us to waste playing partisan games or naming bridges. The Senate Democrats have offered concrete solutions that will help people. We should all be working together to get them to the Governor’s desk for signature as soon as possible.”
More information on the work of the Pennsylvania Senate Democratic Caucus during the COVID-19 crisis can be found at pasenate.com/covid19.