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LEHIGH VALLEY WEATHER

Council support Bill protects public employees

Did you know that private sector workers have more workplace protections than our police officers, firefighters, corrections officers, road maintenance workers, and other public employees in Pennsylvania? That’s a question State Rep. Patrick Harkins has asked his Harrisburg colleagues.

Most private sector workers are protected by the federal Occupational Safety and Health Act of 1970 (OSHA). Public sector employees, however, are on their own. Harkins has proposed legislation that would extend OSHA protections to government workers as well. His bill is languishing, however, in the House’s Labor and Industry Committee.

At its Oct. 3 meeting, Northampton County Council threw its support behind Harkins’ proposed law, which is called the Jake Schwab Worker’s Safety Bill.

Schwab, a mechanic with the Erie Metropolitan Transit Authority, was fatally injured at work in 2014 by an exploding air bag. He had been using the wrong tools and was working at a garage that had gone nine years without safety training. His public sector employer is exempt OSHA protections.

Every Democrat in the Lehigh Valley delegation to the state house has agreed to sponsor this legislation, but not one Republican.

Jim Irwin, a former Gracedale employee who now works for AFSCME District 88, argued that worker safety protection should be the same for everyone. He said the proposal, first made four years ago, has never made it out of committee because of cost.

“What’s the cost of someone’s life?” he asked.

Council President Ron Heckman talked about his own experience, pre-OSHA, working one summer at a cast iron foundry. He and his co-workers donned leather gloves they would purchase themselves, and would wrap a wet handkerchief around their faces. By the end of the day, the entire room was a fog. “OSHA changed that,” he said. “They actually got masks.”

Heckman went on to say that the government often passes laws applying to the private sector, but exempts itself. “I think that stinks,” he concluded.

Council member Kevin Lott recounted that he once observed borough workers dig inside a trench about three feet over their head, with no protections. “Our public sector workers are second class citizens,” he complained. “You need to set standards.”

Northampton County’s resolution, which is non-binding, was passed 8-1. The sole No vote was from council member John Cusick.

Cusick said he “supports worker safety,” but the statewide organization representing counties is opposed to this legislation. He suggested that this group, called CCAP, should first be asked to change its platform.

CCAP has lobbied against this legislation. In testimony to to the state House, it argues:

“[W]e do not believe that stringent regulatory requirements, new administrative overhead, and substantial fines will truly promote or improve worker safety at the local government level. CCAP opposes any effort to enact a state Occupational Safety and Health Act (OSHA) that would mandate compliance by political subdivisions or would require political subdivisions to come under the federal law.”

Pennsylvania, unlike 28 other states, has thus far declined to extend OSHA-like protections to government workers.

In 1970, when the Occupational Safety and Health Act was enacted, 14,000 workers were killed on the job. Since enactment, that number has been reduced to about 4,300, despite a larger workforce.