1Amending the act of August 15, 1961 (P.L.987, No.442), entitled
2"An act relating to public works contracts; providing for
3prevailing wages; imposing duties upon the Secretary of Labor
4and Industry; providing remedies, penalties and repealing
5existing laws," further providing for definitions; and
6providing for duties of department.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 2 of the act of August 15, 1961 (P.L.987,
10No.442), known as the Pennsylvania Prevailing Wage Act, amended
11August 9, 1963 (P.L.653, No.342), is amended to read:

12Section 2. Definitions.--As used in this act--

13"Advisory Board" means the board created by section 2.1 of
14this act.

15"Appeals Board" means the board created by section 2.2 of
16this act.

17[(1)] "Department" means Department of Labor and Industry of
18the Commonwealth of Pennsylvania.

19"Federal occupational classifications" means the Occupational
 

1Outlook Handbook of the Federal Bureau of Labor Statistics, 
2published under 40 U.S.C § 3142(b) (relating to rate of wages 
3for laborers and mechanics).

4[(2)] "Locality" means any political subdivision, or
5combination of the same, within the county in which the public
6work is to be performed. When no workmen for which a prevailing
7minimum wage is to be determined hereunder are employed in the
8locality, the locality may be extended to include adjoining
9political subdivisions where such workmen are employed in those
10crafts or trades for which there are no workmen employed in the
11locality as otherwise herein defined.

12[(3)] "Maintenance work" means the repair of existing
13facilities when the size, type or extent of such facilities is
14not thereby changed or increased.

15[(4)] "Public body" means the Commonwealth of Pennsylvania,
16any of its political subdivisions, any authority created by the
17General Assembly of the Commonwealth of Pennsylvania and any
18instrumentality or agency of the Commonwealth of Pennsylvania.

19[(5)] "Public work" means construction, reconstruction,
20demolition, alteration and/or repair work other than maintenance
21work, done under contract and paid for in whole or in part out
22of the funds of a public body where the estimated cost of the
23total project is in excess of twenty-five thousand dollars
24($25,000), but shall not include work performed under a
25rehabilitation or manpower training program.

26[(6)] "Secretary" means the Secretary of Labor and Industry
27or his duly authorized deputy or representative.

28[(7)] "Workman" includes laborer, mechanic, skilled and
29semi-skilled laborer and apprentices employed by any contractor
30or subcontractor and engaged in the performance of services

1directly upon the public work project, regardless of whether
2their work becomes a component part thereof, but does not
3include material suppliers or their employes who do not perform
4services at the job site.

5[(8)] "Work performed under a rehabilitation program," means
6work arranged by and at a State institution primarily for
7teaching and upgrading the skills and employment opportunities
8of the inmates of such institutions.

9[(9) "Advisory Board" means the board created by section 2.1
10of this act.

11(10) "Appeals Board" means the board created by section 2.2
12of this act.]

13Section 2. The act is amended by adding a section to read:

14Section 7.1. Duties of Department.--(a) The department
15shall develop or adopt a complete listing of worker
16classifications and their respective definitions, and shall make
17the listings available to the public in a conspicuous location
18on the department's Internet website. The listing shall, at all
19times, be available for public viewing, and shall be maintained
20on a Statewide basis for each worker classification. In
21developing the list, the department may consider the following
22sources:

23(1) collective bargaining agreements;

24(2) Federal occupational classifications;

25(3) input from the advisory board;

26(4) opinions of representatives from organized labor and the
27opinions of contractors and contractor associations as they
28relate to the custom and usage applicable to the construction
29industry in this Commonwealth; and

30(5) any other information that the department deems

1pertinent.

2The definitions for each classification in this subsection shall
3be uniform throughout this Commonwealth.

4(b) Worker classifications as defined by the department at
5the time of the beginning of a project shall be used throughout
6completion of that project, and shall be controlling for
7purposes of any dispute. For purposes of this subsection, the
8beginning of a project shall be deemed to be the earlier of the
9acceptance of bids or offers or the execution of a contract.

10(c) The department shall publish the complete listing of
11worker classifications and their respective definitions, as
12required in subsection (a) within one hundred eighty days after
13the effective date of this section, provided that after the
14initial work descriptions are published, the department may
15change the descriptions from time to time in accordance with the
16criteria in subsection (a).

17Section 3. This act shall take effect in 60 days.