Pennsylvania Workers' Compensation Act
Provisions of the act, rules and regulations, and statements of policy can be viewed on the Pennsylvania Code & Bulletin website. You can also view Part VIII Workers' Compensation Bureau, Chapter 111 Special Rules of Administrative Practice and Procedure Before the Workers’ Compensation Appeal Board, and Chapter 131 Special Rules of Administrative Practice and Procedure Before Workers’ Compensation Judges in Title 34 Labor and Industry of the Pennsylvania Code on the site, as well.
A Brief History of Pennsylvania Workers' Compensation Law
In 1915, the Pennsylvania Legislature enacted the Pennsylvania Workmen's (Workers') Compensation Act (act). The statute charges the Department of Labor & Industry (department) and the Bureau of Workers' Compensation (bureau) with carrying out the administrative and appeal obligations defined in the act and specifies compensation for employees who are injured as a result of employment without regard to fault. Amendments eventually merged the compensation for injuries and occupational diseases into this act. The statute defines the benefits available to Pennsylvania workers, the conditions under which benefits are available and the procedures for obtaining them.
The workers' compensation system protects employees and employers. Employees receive medical treatment and are compensated for lost wages associated with work-related injuries and disease, and employers provide for the cost of such coverage while being protected from direct lawsuits by employees.
Workers' compensation coverage is mandatory for most employers under Pennsylvania law. Employers who do not have workers' compensation coverage may be subject to lawsuits by employees and to criminal prosecution by the commonwealth.
Some employers are exempted from workers' compensation coverage. Exemptions include: people covered under other workers' compensation acts, such as railroad workers, longshoremen and federal employees; domestic servants (coverage is optional); agricultural workers who work fewer than 30 days or earn less than $1,200 in a calendar year from one employer; and employees who have requested, and been granted, exemption due to religious beliefs or their executive status in certain corporations.
In Pennsylvania, employers can obtain workers' compensation insurance through a licensed insurance carrier or the State Workers' Insurance Fund. In addition, employers can apply to the bureau to seek approval to self-insure their liability. Self-insurance is granted by the bureau based on criteria established by the act and the department.
Employees are covered for the entire period of their employment. Therefore, coverage begins the first day on the job. Injuries or diseases caused or aggravated by employment are covered under workers' compensation, regardless of the employee's previous physical condition.
Safe in Any Weather: Heat Safety Campaign
Occupational Heat Safety Recommendations for Pennsylvania Employers
Many workers are exposed to extreme heat in their workplaces, both indoors and outdoors. Although illness from exposure to heat is preventable, thousands become sick every year from occupational heat exposure, and some cases are fatal. The information here is intended to be a summary of important steps that employers can take to prevent heat-related illness. More resources are available on the Occupational Safety Health Administration’s website.
Heat Index: The heat index is a measure indicating the level of discomfort the average person is thought to experience as a result of the combined effects of the temperature and humidity in the air. Heat index calculators are available on most major commercial weather apps.
Employers in the Commonwealth of Pennsylvania can protect workers from the dangers of extreme heat by taking these four steps:
- Provide water
- Employers should provide each outdoor employee with 32 ounces of cool drinking water (and optionally, electrolyte beverages) per hour;
- Water should be free of charge; and
- Workers should have ample time to consume the water.
- Allow for rest and relief
- Employers should provide shade and rest on particularly warm days, when the heat index in the workplace exceeds 80 degrees Fahrenheit.
- Employers should institute standardized rest breaks when the heat index in the workplace exceeds 90 degrees Fahrenheit indoors or outdoors; and
- Employers should provide clothing and PPE to help workers protect themselves from the heat.
- Develop and provide training
- Employers should train workers and supervisors annually on working in the heat to minimize the danger/risk. Training should include:
- The signs and symptoms of common heat-related plans;
- An overview of rest and relief measures; and
- An anti-retaliation policy to protect workers who alert their supervisors of heat-related harm.
- Employers should train workers and supervisors annually on working in the heat to minimize the danger/risk. Training should include:
- Develop and provide a plan
- An appropriate heat plan may include:
- Acclimatization, especially for new and returning workers
- Flexibility measures to move work to cooler areas on particularly hot days;
- Methods of monitoring conditions that workers are exposed to and worker responses to those conditions that may indicate common heat-related illness;
- A "buddy" system during times of extreme weather; and
- Site-specific emergency response procedures.
- An appropriate heat plan may include:
Disclaimer: The Pennsylvania Department of Labor & Industry encourages all employers to utilize this guidance as needed to help protect workers from extreme heat. This notice was created for educational purposes to convey best practices. This notice is not intended to create or convey any legal rights to what is contained herein.
Frequently Asked Questions (FAQs)
General Questions
You can experience a range of heat-related illnesses, from mild to life-threatening, including heat cramps, heat exhaustion, heat stroke, dehydration, and Rhabdomyolysis (the rapid breakdown, rupture, and death of muscles). Excessive heat can also worsen pre-existing medical conditions and increase the likelihood of other workplace accidents due to syncope (fatigue or dizziness).
Learn more: Heat-related Illnesses | Heat | CDC
You may be at higher risk if you work outdoors, perform physically demanding tasks, wear heavy protective gear, work near heat-producing equipment, work in an indoor environment with no temperature regulation, or have little access to shade, water, or a cooling area. New workers, temporary workers and workers returning after time away from the job also face added risk due to a lack of heat acclimatization.
Learn more:
Best practice is to consume water or sports drinks frequently, take breaks in cool or shaded areas, and pace yourself while performing your work. These practices are especially important if you are new or returning to work after a prolonged period of leave. Being able to recognize the early signs of a heat-related illness can also help you stay safe on the job.
The buddy system is pairing or grouping workers together to observe each other for signs of heat-related illnesses. Alternatively, if workers are unable to work in close proximity of one another, they should periodically check in throughout the day to assess each other for signs of heat-related illness. The system works best when workers are trained on how to recognize the early signs and symptoms of a heat-related illness. Workers should immediately report any symptoms or signs of heat-related illness in themselves or others to their supervisor. Employers should have standard procedures in place to respond to symptoms of heat-related illnesses, including procedures to contact emergency medical services when necessary.
Learn more: Workplace Recommendations | Heat | CDC
Employer-Specific Questions
L&I recommends four steps employers can take to protect workers from extreme heat. Additional information on the topic can be found in the infographic provided by L&I linked here. Information on climate change impacts in Pennsylvania, including increasing average temperatures and heat waves, is available from the Pennsylvania Department of Environmental Protection. You can also view an overview of the topic on OSHA’s website.
L&I encourages all employers to use this guidance as needed to help protect workers from extreme heat. The recommendations are meant for educational purposes to convey best practices and are not intended to create or convey any legal rights to what is contained herein.