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Some Butler County municipalities oppose bill to force local governments to follow OSHA guidelines

A woman in a safety vest looks out at the construction of the new bridge at Balls Bend on Wednesday in Middlesex Township. Butler Eagle File Photo

A growing number of townships across Butler County are voicing concerns about proposed legislation that would require municipal employees to follow Occupational Safety and Health Administration guidelines.

Summit, Clinton and Jefferson townships are among municipalities advocating against the Jake Schwab Worker Safety Bill.

Though well-intentioned, the bill could be costly for taxpayers, according to Summit Township Supervisor Larry Osche.

He expressed concern that the regulations would be overbearing in relation to the size of the township’s workforce.

“When OSHA comes in to look at something, they’re not here to say you did a good job, they’re only there to cite you for something,” Osche said. “I think it’s going to cost the township a lot of money if it comes down to this.”

Citing his experience at a factory that operated under OSHA guidelines, Osche said the regulations have pros and cons. His opinion is that while guidelines can protect workers, OSHA citations are frequent.

According to an online OSHA database, the administration’s federal jurisdiction performed 19,743 inspections and issued 55,169 citations across all industries between October 2023 and September 2024. The administration’s penalties during the time period totaled more than $233.4 million.

Further, there are other means to protect workers, Osche continued.

“Small municipalities maybe only have two people working,” Osche said. “So, you watch out for each other.”

Summit, Clinton and Jefferson townships are among the Butler County municipalities advocating against the Jake Schwab Worker Safety Bill. Photo via Unsplash
Off to the Senate again

Despite the local opposition, the bill has recently gained some traction.

The state House of Representatives approved House Bill 308, also known as the Jake Schwab Worker Safety Bill, in a 111-92 vote earlier this month with bipartisan support. Schwab was an Erie Metropolitan Transit Authority mechanic who died following a workplace injury in 2014.

The bill, sponsored by Rep. Patrick Harkins, D, who serves part of Erie County, would extend OSHA protections to public sector workers, who are currently not held to the same safety standards as private businesses.

A memo circulated by Harkins and cosponsor Rep. Thomas Mehaffie, R, who serves part of Dauphin County, explained the dedication of the bill.

“Erie resident Jake Schwab was fatally injured at work in 2014. Jake was a mechanic with the Erie Metropolitan Transit Authority, a public sector employer that is exempt from OSHA regulations,” the memo said. “As a result, the details of the incident and any safety concerns that would have been raised through an OSHA review have been hard to track.”

It also would allow the state secretary of Labor and Industry to enforce OSHA regulations and oversee compliance, imposing penalties for violations.

Those representing Butler County — Rep. Marci Mustello, R-11th, Rep. Aaron Bernstine, R-8th, Rep. Tim Bonner, R-17th, and Rep. Stephenie Scialabba, R-12th — voted against the bill.

“Summit Township, along with many of our municipalities, would have a good perspective on this legislation,” Mustello said. She had received letters opposing the legislation from several Butler County municipalities she represents.

“While well-intended, this could cause issues for municipalities and could raise costs for regular maintenance, which would inevitably get passed along to residents,” she said.

The legislation now moves to the state Senate, where its previously stalled. The Senate is set to reconvene May 5.

During the 2023-24 session of the General Assembly, the bill was introduced as House Bill 299 and made it past the House in a 116-85 vote, with all Democrats and a handful of Republicans voting in favor. In that instance, Butler County’s representatives again voted against the bill.

Safety matters

Though opposed to the proposed legislation that would require township employees to abide by OSHA regulations, Osche and other municipal leaders said safety isn’t an afterthought.

“Municipalities are already subject to numerous safety regulations and training from state agencies like (Pennsylvania Department of Transportation) and the requirements outlined in the Manual on Uniform Traffic Control Devices,” a letter sent from Clinton Township to Mustello stated. “Clinton Township holds safety as a top priority.”

Members of the Butler County Association of Township Officials, Allegheny Township Supervisor Chuck Stowe and Jefferson Township Supervisor Lois Rankin explained that the organization hosts a Butler County Safety Day seminar annually in mid-October. Local officials from across the county are invited to attend and learn additional safety practices.

“We only have two or three townships that don’t participate,” said Rankin, the township association president.

Rankin said the seminar has included speakers from Central Electric, PennDOT and Hunter Truck to teach safety within different realms of work that municipalities may undertake.

“We make the safety of municipal workers as a top priority,” she said.

Rankin said Jefferson Township sent a letters to Mustello and state Sen. Scott Hutchinson to voice concerns. She noted Connoquenessing Township asked for assistance with penning its letter.

Stowe, who also serves as the second vice president of the Pennsylvania State Association of Township Supervisors, said the statewide organization has encouraged municipalities to advocate against the bill.

“We offer over 100 workshops ranging from road maintenance to administrative actions. We usually have workshops related to safety, especially flagger training,” Stowe said. “We also offer boot camps for newly elected supervisors.”

“Walk Through an Open Roll-up Garage Door … Get a Fine,” a news release from the state association, recently said “under this proposed legislation, townships and first responders would be mandated to implement and follow costly federal OSHA regulations developed by bureaucrats in Washington, D.C., and state bureaucrats would be given the power to fine municipalities found out of compliance.

“Local governments are highly committed to safety in the workplace, and this proposed new unfunded mandate only hurts taxpayers.”

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