PolicyBrief
H.R. 3139
119th CongressMay 1st 2025
Public Service Worker Protection Act
IN COMMITTEE

This Act expands the Occupational Safety and Health Act (OSHA) to explicitly cover all public employees of the United States, states, and local governments.

Chris Deluzio
D

Chris Deluzio

Representative

PA-17

LEGISLATION

Public Service Worker Protection Act Extends OSHA Coverage to Millions of Government Employees

The newly proposed Public Service Worker Protection Act is about to make a huge change to workplace safety across the country, specifically for the millions of people who work for the government. Think of it as finally giving public employees the same safety net that private sector workers have relied on for decades.

The 'What's In It For Me' of OSHA

This bill does one big thing: it expands the definition of "employer" under the Occupational Safety and Health Act (OSHA) to explicitly include the United States, any state, and any local government entity (Section 2). Previously, OSHA’s federal protections largely excluded public sector workers. Now, if you’re a sanitation worker, a state park ranger, a city clerk, or a federal office employee, you are officially covered by the same federal safety standards and inspection processes that cover, say, a factory worker or a construction crew.

Why This Matters: From Bureaucracy to the Breakroom

For years, safety standards for public employees have been a patchwork. Some states have their own robust, federally-approved OSHA plans, but many don't. This legislation brings everyone under the same roof. The immediate effect is that federal employees gain full OSHA coverage 90 days after the law is enacted. This means a federal employee, like a postal worker or someone working in a VA hospital, can now directly rely on federal OSHA standards for their safety.

The Three-Year Head Start for States

Here’s where the transition gets interesting for state and local governments. The bill recognizes that not all states are ready for this shift. If a state already has its own OSHA-approved safety plan (under Section 18 of the OSH Act), nothing changes for them—they keep running their program, which already covers their public employees. However, states without an approved plan get a full 36 months—three years—to get their ducks in a row before federal OSHA oversight for their public employees kicks in. This grace period is a crucial detail (Section 2). It gives states time to either adopt an approved state plan or prepare for federal OSHA to step in and enforce safety standards for their employees.

The Real-World Impact: Safety First

This change is massive for public service workers. It means that if you work for a city public works department and are dealing with faulty equipment or unsafe conditions, you will soon have the same mechanism for reporting hazards and ensuring compliance as someone working for a large private contractor. For the states and cities that don't currently have strong safety programs, this means new compliance costs and administrative work, but ultimately, it translates into fewer accidents and injuries for their employees. This bill is a clear win for the safety and health of public sector employees, standardizing protections that were long overdue.