HB 2331 — An Act providing for the investigations by the Department of Labor and Industry of employee injuries at warehouse distribution centers; and imposing penalties.

PRINTER'S NO.     3105

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2331
                                               Session of
                                                 2026

     INTRODUCED BY D. WILLIAMS, HARKINS, WAXMAN, FREEMAN, HILL-EVANS,
        GOUGHNOUR, OTTEN, CEPEDA-FREYTIZ, SAMUELSON, MALAGARI,
        MERSKI, MADDEN, PARKER AND SANCHEZ, MARCH 30, 2026

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 30, 2026


                                    AN ACT
 1   Providing for the investigations by the Department of Labor and
 2      Industry of employee injuries at warehouse distribution
 3      centers; and imposing penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Injuries At
 8   Warehouse Distribution Centers Act.
 9   Section 2.   Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Annual injury rate."    A metric to measure the injury rate at
14   an employer during the course of the calendar year and reported
15   to the United States Bureau of Labor Statistics' Injuries,
16   Illnesses, and Fatalities program.
17      "Department."    The Department of Labor and Industry of the
18   Commonwealth.
 1      "Employee."     An individual who is employed and performs work
 2   tasks at a warehouse distribution center.
 3      "Employer."     The term shall mean the same as defined under
 4   section 103 of the act of June 2, 1915 (P.L.736, No.338), known
 5   as the Workers' Compensation Act.
 6      "Injury rate."     Metrics that quantify the number of
 7   fatalities and rates of injuries and illnesses per 100 full-time
 8   employees in warehousing and storage.
 9      "Warehouse distribution center."     An entity engaged in
10   activities as defined by the North American Industry
11   Classification System under the following codes:
12            (1)   423 Merchant Wholesalers, Durable Goods.
13            (2)   424 Merchant Wholesalers, Nondurable Goods.
14            (3)   493 Warehousing and Storage.
15            (4)   4921 Couriers and Express Delivery Services.
16   Section 3.     Investigation.
17      (a)   Duty to investigate.--If a warehouse distribution center
18   reports to the United States Bureau of Labor Statistics and the
19   department an annual injury rate 30% or higher than the average
20   annual injury rate for warehouse distribution centers as
21   published by the United States Bureau of Labor Statistics'
22   Injuries, Illnesses, and Fatalities program, the department
23   shall conduct an investigation. When conducting an
24   investigation, the department may:
25            (1)   Consolidate complaints as deemed appropriate by the
26      department.
27            (2)   Enter and inspect a warehouse distribution center.
28            (3)   Request or subpoena records as the department may
29      deem appropriate or necessary.
30            (4)   Interview employees for the purposes of determining

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 1      whether an employer is in compliance with the laws of this
 2      Commonwealth.
 3      (b)   Notification to the employer.--The department shall
 4   issue a notice to inform the employer of the investigation.
 5      (c)   Notification to employees.--An employer shall provide
 6   written and electronic notifications to each employee that the
 7   department is conducting an investigation.
 8   Section 4.     Penalties.
 9      (a)   Violation penalties.--An employer that has an annual
10   injury rate of 30% or higher shall be subject to the following
11   civil penalties:
12            (1)   Not less than $6,250 for the first violation.
13            (2)   Not more than $12,500 for the second violation.
14            (3)   Not more than $25,000 for the third or subsequent
15      violation.
16      (b)   Administrative agency law.--This section shall be
17   subject to 2 Pa.C.S. Chs. 5. Subch. A (relating to practice and
18   procedure of Commonwealth agencies) and 7 Subch. A (relating to
19   judicial review of Commonwealth agency action).
20   Section 5.     Powers and duties.
21      (a)   Regulations.--The department may promulgate and enforce
22   regulations consistent with this act.
23      (b)   Prosecution.--The Office of Attorney General may
24   prosecute civil or criminal actions under this act.
25   Section 6.     Effective date.
26      This act shall take effect in 90 days.




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