Establishes the public employee safety and health reform act

BILL NUMBER:S3381

Title of bill

An act to amend the labor law, in relation to enacting the "public employee safety and health reform act"

Purpose or general idea of bill

To provide for greater safety and health protections to workers covered by the public employee safety and health act - Labor Law Section 27-a.

Summary of specific provisions

Section 1 - provides for this act to be known as the "public employee safety and health reform act".

Section 2 - amends Subdivision 5 of section 27-a to clarify that workers have the right to union representation or to have a co-worker participate in PESH inspections and interviews.

Section 3 - amends Paragraph a of subdivision 6 of section 27-a to make technical corrections as well as to require that violations of the act shall be issued within 30 days of inspection. Section 2 further creates new categories of violations with instant penalties for repeat violations, willful violations, and violations that result in a fatality.

Section 4 - amends Paragraph b of subdivision 10 of section 27-a to lengthen the period of time in which an employee may file a charge for retaliation for reporting a violation.

Section 5 - amends Subdivision 12 of section 27-a to clarify that workers have the right to union representation or to have a co-worker participate in PESH consultation programs.

Section 6 - provides for an immediate effective date that shall apply to violations occurring after effective date.

Justification

The PESH Act is the backbone of safety and health protections for workers employed by state and local governments, who in most cases are not covered by federal OSHA. This bill addresses several deficiencies in PESH to ensure that protections are comparable to those under OSHA. For example, penalties under PESH only apply when violations are not abated by employers. Even in cases where an employer knows they are violating a standard, violated the same standard before, or a fatality has occurred, an employer may face no penalty whatsoever, so long as they correct the violation. Clearly abating hazards is a critical goal, but if it simply can be done after the fact, there is little financial incentive for employers to proactively abate hazards. By adding instant penalties in these situations, enforcement of PESH will be enhanced, and ultimately workers safety and health will be better protected.

This bill also takes steps to strengthen worker's rights under PESH such as ensuring that they can be represented by their union during inspections, interviews, and consultations, as well as lengthening the period of time that a worker can file discrimination charge if they have been retaliated against as a result their reporting a violation. In order for PESH to work optimally, workers must feel secure and free from intimidation so that they will report hazardous situations and fully participate in Department of Labor proceedings under the act.

Prior legislative history

2013 Session - referred to Labor 2014 Session - advanced to 3rd Reading

Fiscal implications

None, except to the extent that increased penalties are collected.

Effective date

This act shall take effect immediately and shall apply to all violations which occur on or after such date.