PRINTER'S NO. 1841
No. 1524 Session of 1999
INTRODUCED BY VEON, STURLA, CAWLEY, GEORGE, BELARDI, ROBINSON,
BEBKO-JONES, SANTONI, M. COHEN, MELIO, WOJNAROSKI, SOLOBAY,
ROONEY, SHANER, BELFANTI, CAPPABIANCA, HARHAI, STABACK,
DALEY, GIGLIOTTI, TANGRETTI, SURRA, SCRIMENTI, DeLUCA,
SERAFINI, TRAVAGLIO, GRUCELA, WALKO, MANN, FREEMAN, YUDICHAK,
MYERS, RAMOS, GEIST, STEELMAN AND THOMAS, MAY 17, 1999
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 17, 1999
AN ACT
1 Providing employees with the right to refuse exposure to
2 hazardous conditions; providing remedies; and conferring
3 powers and duties upon the Department of Labor and Industry.
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 Hazardous
8 Condition Warning and Refusal 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 "Department." The Department of Labor and Industry of the
14 Commonwealth.
15 "Employee." An individual who renders services to an
16 employer in the employer's business on a regular basis in return
1 for compensation in the form of a regular salary. The term does
2 not include an independent contractor.
3 "Employer." A person engaged in business. The term does not
4 include the Commonwealth or a political subdivision.
5 "Hazardous condition." A condition in a workplace that:
6 (1) Causes or creates a substantial risk of death,
7 disease or serious physical harm, either imminently or as a
8 result of long-term exposure.
9 (2) Is beyond the ordinary expected risks inherent in a
10 job after all feasible safety and health precautions have
11 been taken.
12 (3) Results from the employer's violation of health and
13 safety standards established by Federal or State statutes or
14 regulations, local ordinances, collective bargaining
15 agreements and any industry codes.
16 "Hazardous condition refusal." A refusal by an employee to
17 be exposed to a hazardous condition.
18 "Hazardous condition warning." Information given by an
19 employee to a fellow employee that the fellow employee is
20 exposed to a hazardous condition.
21 Section 3. Right to report.
22 No employer may discharge or discipline an employee for
23 reporting a hazardous condition.
24 Section 4. Right to refuse or warn.
25 No employer may discharge or discipline an employee for
26 making a hazardous condition refusal or a hazardous condition
27 warning as long as all of the following apply:
28 (1) A reasonable individual, having the knowledge,
29 education, training and experience necessary for the
30 performance of the employee's job, in the circumstances
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1 confronting the employee, would conclude that a hazardous
2 condition exists.
3 (2) There is insufficient time, due to the urgency of
4 the situation, to eliminate or abate the hazardous condition
5 through resort to regular statutory enforcement procedures.
6 (3) The employee notifies the employer of the hazardous
7 condition and asks the employer to correct or abate the
8 hazardous condition.
9 (4) The employer is unable or unwilling to correct or
10 abate the hazardous condition.
11 Section 5. Remedy.
12 (a) Complaint.--An employee aggrieved by a violation of
13 section 3 or 4 may file a written complaint with the department.
14 The complaint must state with reasonable particularity the
15 grounds of the violation. The complaint must be filed within 180
16 days of the date of the violation.
17 (b) Investigation.--Within 30 days of the filing of a
18 complaint under subsection (a), the department shall inspect the
19 workplace involved. An inspection shall take place during normal
20 business hours. If an employer refuses access for an
21 investigation, the department may issue a subpoena or seek an
22 order from a court of competent jurisdiction.
23 (c) Hearing.--After complaint and investigation under this
24 section, the department shall conduct a hearing to determine
25 whether there has been a violation of section 3 or 4. The
26 department may order appropriate relief, including
27 reinstatement, reclassification and lost wages. Relief under
28 this subsection shall be governed by 2 Pa.C.S. Ch. 5 Subch. A
29 (relating to practice and procedure of Commonwealth agencies)
30 and Ch. 7 Subch. A (relating to judicial review of Commonwealth
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1 agency action).
2 Section 6. Regulations.
3 The department may promulgate regulations to implement this
4 act.
5 Section 7. Effective date.
6 This act shall take effect as follows:
7 (1) Section 6 and this section shall take effect in 60
8 days.
9 (2) The remainder of this act shall take effect in 240
10 days.
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