City Decides to Protect Public Employees. Where’s the Rest of the State?

Following the death of Milton, West Virginia city worker Paul Linville in a trench collapse last month, the city of Milton is taking action to protect its public employees. Unfortunately, Milton will be the only city in the state to do so.

As we reported, West Virginia is one of 23 states that provide no OSHA coverage for city and county employees. A 1998 law, however, provides OSHA coverage for state employee, except those within the Department of Corrections and Health. Cities and counties in West Virginia can opt in to a program covering public employees.

West Virginia has 55 counties and 77 incorporated cities, 148 towns and 6 villages. None of them have opted to protect their public employees.  The state also offers OSHA training to cities that request it. But no city in West Virginia has requested training in the past three years according to state officials.

The City of Milton may be about to change that. According to WSAZ News, whose reporters have been hot on the case of the missing public employee OSHA coverage:

Now, Milton City Council is vowing to take any possible step to improve the safety of their workers and prevent a similar tragedy from happening again. Councilmembers Scott Foster and Chase Bryant passed out a letter outlining their concerns.

“We owe this to Mr. Linville’s family and must ensure that proper operational safety standards are implemented going forward,” the letter reads. “It is our responsibility to the citizens of Milton to make every effort to prevent accidents like this from occurring in the future.”

Steps that the council is considering include reviewing safety protocols and purchasing or renting new equipment for their workers. The council also agreed to begin the process of opting into state OSHA coverage, as allowed by state code.

“I didn’t know there was a such thing,” City Manager Mike Ramsey previously told WSAZ. “I think everybody should’ve been opted in, but, you know, here we are.”

The city will also hold a hands-on OSHA training for the workers on Sept. 30 and has plans to do a monthly training.

“Maybe we can be a benchmark, and also maybe a safety hub for the state of West Virginia,” Councilmember Chase Bryant told WSAZ. “[We hope to] bring awareness for everyone in a municipality that safety standards need to be created. Standard operating procedures need to be created and lived by. And we’re going to choose hopefully to go with the OSHA standards.”

Missing the Point

Milton’s intention to protect its public employees is commendable. But protecting the workers who repair our sewage and water facilities, maintain roads and parks, pick up garbage and generally make life livable should not be optional. It should be the law — as it is for private sector employees.

It’s not good enough for just Milton to protect its employees. Every one of West Virginia’s 55 counties, 77 incorporated cities, 148 towns and 6 villages should be required to cover its public employees.

It’s not good enough for just Milton to protect its employees. Every one of West Virginia’s 55 counties, 77 incorporated cities, 148 towns and 6 villages should be required to cover its public employees.

WSAZ Reporter Charlie Roth reported that West Virginia state delegate Dana Farrell, Chair of the House Local Governments Committee promised to “do a full review of our state and local safety regulations to ensure the highest standards are upheld to protect our state’s workers.”

Farrell should be aware that West Virginia has the opportunity to pass a law adopting a public employee state OSHA program. The federal government would fund 50% of that program. Six states have such programs (and 21 additional states have full OSHA state plans which require coverage of public employees.)

When asked if he would issue an Executive Order or take other action to cover West Virginia public employees, Governor Pat Morrisey refused to make any kind of commitment, referring back to the 1998 law that makes covering public employees optional.