LB397 Doesn’t Modernize Safety, It Eliminates It for Public Workers!

Nebraska lawmakers are considering LB397 as a “cleanup” bill — a measure framed as removing outdated language and obsolete safety committee requirements from state law. But that framing dangerously understates what the bill actually does.

LB397 doesn’t modernize workplace safety.
It dismantles it for public employees.

The bill repeals Nebraska’s state-level workplace safety framework by eliminating the statutes that require safety committees, injury prevention programs, and structured safety governance. For private-sector workers, supporters argue this simply shifts oversight to federal OSHA.

But here’s the problem that has been largely overlooked:

Municipal and county employees in Nebraska are exempt from federal OSHA.
Nebraska is not a state-plan OSHA state, and federal OSHA does not regulate most state and local government workplaces, a fact publicly documented by OSHA itself:
https://www.osha.gov/stateplans

That means for public workers, LB397 does not “shift enforcement.”
It eliminates it!

If this bill becomes law, city and county workers will be left with:

• no OSHA coverage
• no state safety statutes
• no statutory safety committees
• no injury prevention mandates
• no inspection framework
• no formal safety governance structure
• no protection for complaints

In practical terms, workplace safety for public employees becomes a discretionary policy instead of an enforceable law.

This isn’t just a labor issue;  it’s a public safety and governance issue.

Cities and counties would be exposed to greater risk, not less:

• higher workers’ compensation costs
• increased injury rates
• greater litigation exposure
• higher insurance premiums
• taxpayer liability after accidents occur
• reactive crisis management instead of prevention

Safety systems are supposed to prevent harm, not just manage the consequences after someone is injured.

The argument that “good employers will do the right thing anyway” is not a regulatory framework;  it’s wishful thinking. Public policy is not built on assumptions of goodwill; it’s built on structure, accountability, and enforceable standards.

If lawmakers believe reform is needed, that reform should strengthen safety governance — not erase it.

At a minimum, LB397 should not move forward without:

• a public-sector carve-out for municipalities and counties, or
• a replacement public-sector safety framework that preserves enforceable protections, oversight, and prevention systems.

Eliminating statutory safety protections without replacement creates a regulatory vacuum that puts workers, public employers, and taxpayers at risk.

This bill doesn’t modernize Nebraska’s safety system.
It removes it for the people who plow our streets, maintain our water systems, repair our infrastructure, staff our public facilities, and serve our communities every day.

Public workers should not lose their safety protections because of legislative oversight.

Nebraska can do better than that.