Pennsylvania — Workplace Safety

Pennsylvania workplace safety operates under a dual framework. Private-sector employees are covered by federal OSHA (the Occupational Safety and Health Act and its regulations), enforced by the federal Occupational Safety and Health Administration. Public-sector employees—including all county, municipal, and Commonwealth workers—are covered instead by the Pennsylvania General Safety Law (Act No. 174 of 1937, P.L. 654), which is administered and enforced by the Pennsylvania Department of Labor and Industry. Federal OSHA regulations preempt the General Safety Law for private-sector workers; the state law applies only to public employers.

Source: PA Dept. of Labor & Industry, General Safety

Pennsylvania public-sector employers covered by the General Safety Law face mandatory accident-reporting deadlines under regulations implementing Act No. 174 of 1937. These requirements apply to all county, municipal, and Commonwealth employees and their employers—the same public-sector universe that falls outside federal OSHA coverage (see the private-vs-public-sector-coverage section).

Reporting deadlines

Under 34 Pa. Code § 39.34(b), incorporating by reference Act of July 19, 1913 (No. 408), codified at 43 P.S. § 12, "all accidents incurred in the course of employment and causing disability in excess of the working shift or turn in which the injury was received shall be reported by the employer to the Department within 15 days from the date of the injury." The regulation carves out one exception: "injuries resulting in the death of an employe shall be reported within 48 hours from the time of the injury."

The 48-hour death-reporting rule runs from the time of the injury itself, not from the time of death. The standard deadline for non-fatal injuries is 15 days from the date of injury.

Threshold: disability exceeds the shift

The reporting obligation is triggered when disability exceeds the working shift or turn in which the injury occurred. An injury that prevents the employee from completing the shift, or that results in any absence beyond that shift, crosses the threshold. First-aid-only incidents resolved during the same shift do not trigger the 15-day requirement, though employers may choose to document them for internal purposes.

Submission process

The Pennsylvania Department of Labor and Industry accepts General Safety Law reports and complaints through its UCC Inspection Division, Bureau of Occupational and Industrial Safety. According to the Department's public guidance, submissions may be made by email to jecole@pa.gov, by fax at (717) 346-1233, or by mail to Chief, UCC Inspection Division, Department of Labor & Industry, 651 Boas Street, Room 1624, Harrisburg, PA 17121-0750. The Department publishes a General Safety Law Complaint Form (LIBI 28) for use by employees; the regulation does not prescribe a particular form for employer accident reports. Prudent practice is to submit a written report identifying the injured employee, the date and time of the injury, the nature of the injury and resulting disability, and the employer's contact information.

Enforcement

Violation of the General Safety Law or its implementing regulations is subject to summary proceedings. Under 34 Pa. Code § 39.5, any person who violates the General Safety Law or departmental regulations or who interferes with the Department in enforcement "shall be subject to summary proceedings before an alderman, magistrate or district justice, and upon conviction shall be penalized under section 15 of act of May 18, 1937 (No. 174) (43 P.S. § 25-15)." Failure to report a qualifying workplace accident within the statutory deadline is itself a violation. The Department may also cite deficiencies and issue orders to correct violations, or pursue criminal prosecution depending on the nature of the findings.

Source: 34 Pa. Code § 39.34 Source: 34 Pa. Code § 39.5 Source: PA Dept. of Labor & Industry, General Safety