H2388B3719A05585 DMS:CMD 05/12/20 #90 A05585
AMENDMENTS TO HOUSE BILL NO. 2388
Sponsor: SENATOR FONTANA
Printer's No. 3719
Amend Bill, page 1, line 21, by striking out the period after
"provisions" and inserting
relating to extension of waiver provisions, and for responsible
return to action protocols.
Amend Bill, page 2, lines 1 and 2, by striking out "an
article" and inserting
articles
Amend Bill, page 6, by inserting between lines 20 and 21
ARTICLE XXI-C
COVID-19 RETURN TO WORK PROTOCOLS
Section 2101-C. Scope of article.
This article relates to responsible return to action
protocols.
Section 2102-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Business." A for profit, not-for-profit and non-profit
entity that offers or produces goods or services for
consideration.
"COVID-19." The novel coronavirus as identified in the
declaration of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
"Department." The Department of Health of the Commonwealth.
Section 2103-C. Department functions.
(a) Authority.--The department may do all of the following
for the implementation, administration and enforcement of this
article:
(1) Promulgate regulations, publish guidelines and issue
orders as necessary.
(2) Investigate violations and impose sanctions as
authorized under this article.
(3) In consultation with the Department of Community and
Economic D evelopment, submit a monthly report regarding the
administration and enforcement under this article that
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includes:
(i) Businesses that have opened or resumed
operations under this article.
(ii) The number of investigations initiated under
this article.
(iii) The number of enforcement actions taken under
this article and penalties imposed.
(iv) The number of reports, plans and applications
filed by businesses for resumption of business
activities.
(v) The number of plans approved and applications
processed.
(4) File the report with all of the following:
(i) The Health and Human Services Committee of the
Senate.
(ii) The Health Committee of the House of
Representatives.
(iii) The Labor and Industry Committee of the
Senate.
(iv) The Labor and Industry Committee of the House
of Representatives.
Section 2104-C. Filing of business plans and applications.
A business shall file with the Department of Community and
Economic Development on or before May 15, 2020, a business plan
that details how the business will comply with all of the
following:
(1) Regulations, guidance and orders of the department.
(2) Regulations, guidance and orders of the Centers for
Disease Control and Prevention.
(3) Regulations, guidance and orders of the Occupational
Safety and Health Administration.
(4) Implementation and continuation of a paid sick-leave
policy for employees that meets the following minimum
standards:
(i) If an employee has the symptoms of COVID-19.
Under this policy, the employee:
(A) shall be put on leave immediately upon the
exhibition of symptoms; and
(B) must remain on leave until a physician
indicates that return to employment is safe.
(ii) If a member of an employee's household is ill,
the employee may be put on leave to care for the ill
individual.
(iii) A COVID-19 positive test result is not
required to take sick leave.
(5) Providing personal protective equipment to employees
and other sanitary devices, equipment and supplies for all
employees returning to work at the business site.
(6) Ensuring that there is a minimum of six feet between
employees and any other individual on the site of the
business.
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(7) Implementation of sanitary policies and a regular
cleaning schedule to reduce exposure to COVID-19. This
paragraph includes:
(i) Disinfecting restrooms, work spaces and areas
with access to the public.
(ii) Maintaining adequate cleaning supplies,
tissues, hand sanitizers, gloves, medical masks and other
necessary sanitary products.
(8) Encouraging as many employees as possible to work
from home.
(9) Conducting meetings online as much as possible.
(10) Suspending nonessential operations.
(11) Implementation of minimal staffing.
(12) Limiting interaction with individuals who are not
employees.
(13) Not permitting an employee to work in an area open
to the public if any of the following is in the employee's
household:
(i) An individual who is ill. The prohibition under
this subparagraph continues until a physician indicates
that return of the employee to work in the area is safe
for the public.
(ii) An individual who is at high risk for suffering
severe consequences from contracting COVID-19.
(14) Not permitting an employee who is at high risk of
suffering severe consequences from contracting COVID-19.
(15) No permitting employees to share tools, equipment,
desks or chairs.
(16) Closing break rooms and dining areas.
Section 2105-C. Sanctions and penalties.
(a) Warning.--If the department determines that a business
is in violation of this article, the department shall order the
business to correct the violation within 24 hours.
(b) Penalty.--A business that does not comply with an order
under subsection (a) is subject to a civil penalty as follows:
(1) For a first offense, a fine of $5,000.
(2) For a second offense, revocation of any permit to
open issued by the Department of Community and Economic
Development and closure for a period of 15 days. The business
shall be required to pay all wages, salaries, benefits and
commissions due all employees for the period of closure for
payment to the employees.
(3) For a third or subsequent offense, revocation of any
permit to open issued by the Department of Community and
Economic Development and closure for a period of 30 days. The
business shall be required to pay all wages, salaries,
benefits and commissions due all employees for the period of
closure for payment to the employees.
(c) Administrative agency law.--Subsection (b) is subject to
2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
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review of Commonwealth agency action).
Section 2106-C. Expiration.
This article shall expire on the earlier of:
(1) publication of the notice of the expiration of the
declaration of disaster; or
(2) January 15, 2021.
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