An Act requiring automated external defibrillators at utility or electrical worksites; imposing duties on the Department of Labor and Industry; and imposing penalties.

PRINTER'S NO. 1720
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1328
Session of
2026
INTRODUCED BY BARTOLOTTA, PISCIOTTANO, KANE, TARTAGLIONE,
CAPPELLETTI, HAYWOOD, ROBINSON, COSTA, VOGEL, SCHWANK,
L. WILLIAMS AND PICOZZI, MAY 20, 2026
REFERRED TO LABOR AND INDUSTRY, MAY 20, 2026
AN ACT
Requiring automated external defibrillators at utility or
electrical worksites; imposing duties on the Department of
Labor and Industry; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Utility
Worksite Automated External Defibrillator Safety Act.
Section 2. Legislative findings and purpose.
(a) Findings.--The General Assembly finds and declares as
follows:
(1) Pennsylvania lineworkers perform some of the most
important and dangerous work in this Commonwealth, as they
routinely work on energized electrical systems, at
significant heights, in confined spaces and in all weather
conditions, often during storms and disasters.
(2) Sudden cardiac arrest is a constant risk to these
workers due to electrical shock, extreme exertion or trauma.
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(3) In sudden cardiac arrest, survival is measured in
seconds, and the chance of survival decreases by about 10%
for every minute that passes without defibrillation.
(4) AEDs are simple, portable devices designed so that
anyone can use them with minimal training, and they can mean
the difference between life and death.
(5) The risk of death from sudden cardiac arrest is
elevated in rural communities, where the nearest hospital or
emergency medical services station may be 20 to 40 minutes
away.
(6) Pennsylvania law already mandates AEDs in schools,
hotels, health clubs and coal mines, yet there is currently
no requirement that electric utilities or their contractors
provide AEDs at worksites where linework and electrical work
are performed.
(7) This lack of a requirement leaves a critical gap in
protection for workers whose jobs are both inherently
hazardous and essential to public safety and the reliability
of the electric grid.
(8) AEDs are inexpensive, easy to use and require
minimal training, and for large utilities, the cost of
purchasing and maintaining AEDs and providing basic training
is small when compared to the human and financial cost of a
preventable death and the loss of a skilled, experienced
lineworker.
(9) Experienced lineworkers are essential to maintaining
and restoring our electric grid.
(10) Pennsylvania already protects students, health club
members, hotel guests and miners with AED mandates, and the
lineworkers who power our homes, businesses and hospitals
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deserve the same protection.
(11) The United States Occupational Safety and Health
Administration does not maintain a specific standard or
policy governing the placement or maintenance of AEDs at
worksites.
(b) Purposes.--The purposes of this act are to:
(1) Ensure the availability and operability of AEDs at
each utility or electrical worksite, including a temporary,
mobile or field worksite.
(2) Require basic AED and CPR training for lineworkers
and line crew leaders and establish reasonable maintenance
and inspection standards.
(3) Extend and clarify Good Samaritan protections so
that individuals who use AEDs in good faith are shielded from
unnecessary liability, consistent with existing protections
in schools, health clubs, hotels and coal mines.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Automated external defibrillator" or "AED." A portable
medical device that:
(1) Is approved by the United States Food and Drug
Administration.
(2) Is designed to be operated by a layperson.
(3) Is capable of recognizing the presence or absence of
ventricular fibrillation or rapid ventricular tachycardia and
determining, without intervention by the user, whether
defibrillation should be performed.
(4) Upon determining that defibrillation should be
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performed, automatically charges and requests delivery of an
electrical impulse to an individual's heart.
"Cardiopulmonary resuscitation" or "CPR." A first aid
technique utilizing hands-only compressions of the chest used to
revive an individual whose heart has stopped beating.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Lineworker." An employee or contractor who performs or
supervises construction, maintenance, repair or operation of
overhead or underground electric utility lines or related
electrical equipment.
"Utility."
(1) Any of the following employers of lineworkers:
(i) A public utility as defined in 66 Pa.C.S. § 102
(relating to definitions).
(ii) A municipal electric system operating within
this Commonwealth.
(iii) Any other entity engaged in the generation,
transmission or distribution of electric power within
this Commonwealth.
(2) The term includes a contractors or subcontractor
performing linework or electrical work on behalf of an entity
enumerated under paragraph (1).
"Utility or electrical worksite" or "worksite." A location,
whether fixed or in the field, where linework or electrical work
is performed for a utility in connection with the generation,
transmission or distribution of electric power, including a
substation, pole or line location, construction or maintenance
site or other location designated by the utility where
lineworkers are assigned to perform electric utility or
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electrical work.
Section 4. AED availability on worksites.
(a) Duty of utility.--A utility shall ensure that at least
one AED is readily available and operable at each worksite.
(b) Temporary, mobile or filed worksites.--For each worksite
that is temporary, mobile or in the field, including a location
where a lineworker is working on poles, underground facilities
or storm restoration activities, the AED required under
subsection (a) must be:
(1) located on a vehicle, trailer or other mobile unit
that remains on or in reasonable proximity to the worksite;
and
(2) reasonably accessible to lineworkers and line crew
leaders during working hours.
(c) Multiple locations.--If a utility deploys multiple line
crews to distinct locations:
(1) For the purposes of this section, each distinct
location shall be treated as a separate worksite.
(2) The utility shall ensure that an AED is readily
available and operative at each location in accordance with
this section.
Section 5. Notice.
A utility shall:
(1) Post or otherwise communicate the location of each
AED to line crew leaders, lineworkers and other employees at
a worksite.
(2) Include information on the location of each AED in
any applicable job safety briefing conducted prior to the
start of work or on any tailboard of a vehicle used at a
worksite.
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Section 6. Training.
(a) Basic training in CPR and AED use.--
(1) Each line crew leader assigned to a worksite shall
maintain current certification in CPR and AED use from a
nationally recognized organization.
(2) Each utility shall ensure that a sufficient number
of lineworkers at each worksite are trained in CPR and AED
use and reasonably present at the worksite during working
hours.
(b) Contents.--CPR and AED use training under this section
must include:
(1) Recognition of sudden cardiac arrest.
(2) Prompt activation of emergency medical services.
(3) Proper operation and use of an AED.
(4) Basic CPR techniques.
(c) Records.--Each utility shall maintain records of
required training under this section and shall make the records
available for inspection upon request by the department.
Section 7. Maintenance and inspection.
(a) Maintenance standards.--A utility shall:
(1) Maintain each AED in accordance with the
manufacturer's guidelines.
(2) Ensure that AED batteries, pads and other required
accessories are within the manufacturer's recommended service
life and are replaced as necessary.
(3) Ensure that each AED is stored in a manner that
protects it from damage and environmental conditions likely
to impair its operation.
(b) Inspection.--Each utility shall establish and implement
reasonable inspection procedures to verify that each AED:
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(1) Is present at each designated location.
(2) Indicates readiness for use through self-test or
status indicators.
(3) Is not visibly damaged or otherwise compromised.
(c) Documentation.--Each utility shall document required
inspections and retain the documentation for a period of not
less than two years.
Section 8. Immunities.
(a) Good Samaritan immunity.--A person who, in good faith
and without compensation, uses or attempts to use an AED at a
worksite to render emergency care or treatment to an individual
in apparent sudden cardiac arrest shall be immune from civil
liability for any damage or injury resulting from the use or
attempted use, or from any act or omission in providing or
arranging further medical treatment, except for acts or
omissions that constitute gross negligence or willful or wanton
misconduct.
(b) Utility, owner and operator immunity.--A utility or an
owner or operator of a worksite, including an officer, employee
or agent of the utility or owner or operator of the worksite,
that acquires, provides, installs, maintains or makes an AED
available in compliance with this act shall be immune from civil
liability for any damage or injury resulting from the use or
attempted use of the AED by any person, except for acts or
omissions that constitute gross negligence or willful or wanton
misconduct.
(c) Consistency with existing law.--The immunities provided
under this section:
(1) Are intended to be consistent with and in addition
to protections applicable to the use of AEDs in schools,
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health clubs, hotels and coal mines under existing law.
(2) Shall be construed broadly to effectuate the purpose
of encouraging the availability and use of AEDs in
emergencies.
Section 9. Investigations.
(a) Authorization.--If the department receives information
indicating that a person has violated this act, the department
may investigate the matter.
(b) Permitted actions.--As part of an investigation under
this section, an authorized representative of the department may
take any of the following actions:
(1) Enter and inspect a worksite at any reasonable time
to examine and inspect records that relate to compliance with
this act.
(2) Subpoena witnesses, administer oaths, examine
witnesses and copy or compel the production of records,
contracts and other documents that are necessary and
appropriate for the enforcement of this act.
Section 10. Penalties.
A person that violates this act shall be subject to the
following:
(1) For a first violation, the department shall issue a
warning letter to the person detailing the violation and
shall provide 30 days for the person to correct the
violation.
(2) For a second or subsequent violation, the department
shall bring administrative action to assess a fine not
exceeding $500.
Section 11. Regulations.
(a) Authorization.--The department may promulgate
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regulations as necessary to implement, administer and enforce
this act.
(b) Conflict with Federal law.--If the department determines
that any provision of this act conflicts with or is preempted by
Federal law, including regulations of the Unites States
Occupational Safety and Health Administration, the department
shall:
(1) Issue a statement of policy explaining the conflict
or preemption, the entities and individuals impacted and any
other information that may be relevant to the public.
(2) Transmit notice of the statement of policy under
paragraph (1) to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin.
(3) Conduct outreach to stakeholders as soon as
practicable and provide a reasonable time for stakeholders to
provide feedback on the statement of policy under paragraph
(1).
Section 12. Construction.
Nothing in this act shall be construed to:
(1) Create a duty for any person to use an AED.
(2) Require the placement of an AED in a location other
than a utility or electrical worksite.
(3) Limit or reduce protections or requirements for AEDs
under other Federal or State law.
Section 13. Effective date.
This act shall take effect in 60 days.
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