Federal OSHA jurisdiction — no state plan
Nebraska does not operate an OSHA-approved state plan. Federal OSHA exercises direct jurisdiction over most private-sector employers and workers in the state. State and local government employees are not covered by federal OSHA and therefore have no workplace safety and health enforcement coverage under the Occupational Safety and Health Act.
Source: OSHA State Plans
Safety committee requirement — public employers only (as of 2026)
Nebraska Revised Statute § 48-443 requires every public employer subject to the Nebraska Workers' Compensation Act to establish a safety committee and adopt and maintain an effective written injury prevention program. The requirement applies to public-sector employers (state and local government agencies). As of February 2026, private-sector employers are no longer subject to this requirement, following enactment of LB 397 during the 109th Legislature's second session.
Because state and local government employees are not covered by federal OSHA (see Federal OSHA jurisdiction — no state plan), the safety committee requirement represents Nebraska's primary workplace safety regulatory structure for public employees.
Committee composition — collective bargaining. For public employers subject to collective-bargaining agreements, the safety committee is established through the collective-bargaining process (Neb. Rev. Stat. § 48-443(2)(a)).
Committee composition — non-union. For public employers not subject to collective-bargaining agreements, the safety committee must be composed of an equal number of members representing employees and the employer. Employee members may not be selected by the employer; they must be selected pursuant to procedures prescribed in rules and regulations adopted by the Commissioner of Labor (§ 48-443(2)(b)).
Compensation. A public employer must compensate employee members of the safety committee at their regular hourly wage plus their regular benefits while the employees are attending committee meetings or otherwise engaged in committee duties (§ 48-443(3)).
Anti-retaliation protection. Section 48-443(4) provides that an employee "shall not be discharged or discriminated against by his or her employer because he or she makes any oral or written complaint to the safety committee or any governmental agency having regulatory responsibility for occupational safety and health." Any employee so discharged or discriminated against "shall be reinstated and shall receive reimbursement for lost wages and work benefits caused by the employer's action." The statute does not expressly state whether this provision applies only to public-sector employees or also to private-sector employees (who no longer have a statutory committee to which to complain). The text on its face protects "an employee" without limitation.
Professional employer organizations. A client of a professional employer organization is not relieved of its obligation to establish a safety committee based on its workers being co-employees of the PEO. A professional employer agreement may not allocate the client's responsibility to establish a safety committee to the PEO (§ 48-443(1)(b), operative January 1, 2012).
No civil penalty as of 2026. LB 397 repealed Neb. Rev. Stat. § 48-444, which had authorized the Commissioner of Labor to assess a civil penalty of up to $1,000 per day (each day a separate violation) for failure to establish a safety committee. Section 48-443 as currently codified does not include a replacement penalty provision.
Source: Neb. Rev. Stat. § 48-443 Source: LB 397 (109th Leg., 2d Sess. 2026)