Workplace safety committee elimination advanced

Lawmakers gave first-round approval Jan. 27 to a bill that seeks to eliminate an unfunded state program requiring workplace safety committees.

LB397, introduced by Columbus Sen. Mike Moser, would repeal the Workplace Safety Consultation Program. Under the program, the state Department of Labor is authorized to conduct workplace inspections and consultations to determine whether employers are complying with standards issued by the federal Occupational Safety and Health Administration.

Moser said the program has not been administered or enforced since it last received funding in 2003. OSHA instead provides funding to the state Department of Labor to conduct confidential inspections of businesses that choose to participate.

“The OSHA regulations … are very robust,” Moser said. “We don’t need a separate Nebraska requirement of a safety committee.”

Sen. Jane Raybould of Lincoln supported the bill, saying every employer should have the right to decide best practices for their business.

The majority of business owners independently enforce safety measures to protect employees and customers, she said, and establish a record of safety practices for workers’ compensation claims.

“A business owner/operator does not need a government telling them what are the best business practices to incorporate into their operations,” Raybould said. “Any responsible business owner addresses [safety] in their normal course of business, with or without this [requirement].”

Sen. Ben Hansen of Blair also spoke in support of the proposal. He noted that businesses still would be able to establish safety committees if the Workplace Safety Consultation Program was eliminated.

“[LB397] gets rid of redundancies [and] overly burdensome rules and regulations for employers … and still protects employees,” Hansen said.

Lincoln Sen. George Dungan spoke in opposition to the measure. He questioned the wisdom of relying solely on the federal government to conduct workplace safety inspections through an optional program. Doing so could harm workers, he said.

“My concern is that LB397 is going to be taking away authority from the Nebraska Department of Labor and instead hoping or trusting that a federal program … [with] federal funding is going to remain in place to allow that workplace inspection.”

Also speaking in opposition to the bill was Sen. Dan Quick of Grand Island. He noted that public sector employees, such as those working for local and state governments, are not covered by OSHA and therefore could benefit from additional protections in state law.

“Safety in the workplace is important for not just the private sector, but also for the public sector employees,” Quick said.

LB397 advanced to select file on a vote of 31-11.