Workplace safety committee bill amended, advanced to final round

A bill that would eliminate an unfunded state program was amended to require public-sector workplace safety committees before being advanced to final reading Feb. 9.

LB397, as introduced last session 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.

The bill also would remove the requirement for private and public sector employers to maintain a workplace safety committee.

During select file debate, Omaha Sen. John Cavanaugh offered an amendment that would reinstate workplace safety committee requirements for public sector employers subject to the Nebraska’s Workers’ Compensation Act to ensure that the department could provide direct oversight to employees not covered by OSHA.

“We need to ensure that our firefighters, our police officers [and] our public works [employees] … have some workplace safety protections,” he said.

The amendment was adopted on a 44-0 vote. Cavanaugh then offered another amendment, adopted 38-1, that would allow public sector employees subject to collective bargaining agreements to establish safety committees through the collective bargaining process.

Moser supported the amendment to make workplace safety committees through collective bargaining voluntary for public sector employers.

“By making it [optional] … it is acceptable to me and it is acceptable to the Department of Labor,” Moser said.

Sen. Dunixi Guereca of Omaha supported both amendments, saying the change would help address the bill’s “unintended consequence” of leaving public sector employees without proper protections. Safety committees exist to address seemingly small safety concerns within the workplace that could lead to potentially dangerous or fatal incidents, he said.

“Let’s make sure these checks and balances are in place to [ensure] our workers are safe,” Guereca said. “We’re talking about a program that is a minimal cost to the employer, but it could potentially save lives.”

Following adoption of the Cavanaugh amendments, senators advanced LB397 to final reading 42-0.