PRINTER'S NO. 2230
No. 1636 Session of 1990
INTRODUCED BY BAKER, JUBELIRER, WENGER AND PUNT, JUNE 4, 1990
REFERRED TO LABOR AND INDUSTRY, JUNE 4, 1990
AN ACT
1 Prohibiting the manufacture of certain articles in homes;
2 further providing for the powers and duties of the Department
3 of Labor and Industry and of the Department of Environmental
4 Resources; and making a repeal.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Worker
9 Flexibility Act.
10 Section 2. Legislative purpose.
11 Because technology has expanded opportunities for workers to
12 perform a broad range of services for their employers within the
13 environment of the workers' homes, the General Assembly believes
14 that the 50-year old act of May 18, 1937 (P.L.665, No.176),
15 known as the Industrial Homework Law, has become economically
16 archaic and repressive. This law should be replaced with more
17 timely legislation which retains prohibitions against the making
18 of hazardous materials in the home and which provides safeguards
19 against homework which causes pollution.
1 Section 3. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Department." The Department of Labor and Industry of the
6 Commonwealth.
7 "Homework." Work processed or manufactured in a worker's
8 home for an employer.
9 "Secretary." The Secretary of Labor and Industry of the
10 Commonwealth.
11 Section 4. Prohibited homework.
12 A person may not manufacture in a home for an employer,
13 contractor or representative contractor, any of the following
14 articles, or perform in a home, for such persons, any of the
15 following work:
16 (1) Articles of food or drink.
17 (2) Articles for use in connection with the serving of
18 food or drink.
19 (3) Tobacco.
20 (4) Drugs and poisons.
21 (5) Bandages and other sanitary goods.
22 (6) Explosives, fireworks and articles of like
23 character.
24 (7) Articles, the processing of which requires exposure
25 to substances determined by the department to be hazardous to
26 the health or safety of persons so exposed.
27 Section 5. Powers and duties of department.
28 (a) Prior regulations.--Regulations promulgated by the
29 department to carry out the provisions of the act of May 18,
30 1937 (P.L.665, No.176), known as the Industrial Homework Law,
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1 are declared null and void.
2 (b) Hazardous to workers determinations.--The department
3 shall, upon complaint, determine whether specific homework is
4 hazardous to the health or safety of the worker and shall have
5 the authority to prohibit homework which is either. The
6 secretary shall develop rules and regulations for making these
7 determinations in accordance with Title 2 of the Pennsylvania
8 Consolidated Statutes (relating to administrative law and
9 procedure).
10 (c) Environmentally unsafe determinations.--The department
11 shall, upon complaint, investigate a home in which homework is
12 done and may make recommendations to the Department of
13 Environmental Resources regarding findings that a potentially
14 unsafe condition exists that affects the environment. Upon the
15 department's recommendation, the Department of Environmental
16 Resources will make a determination of pollution and may set
17 requirements of compliance and may impose penalties to carry out
18 the provisions of this subsection. The Secretary of
19 Environmental Resources shall develop rules and regulations for
20 making these determinations in accordance with Title 2 of the
21 Pennsylvania Consolidated Statutes (relating to administrative
22 law and procedure).
23 Section 6. Repeal.
24 The act of May 18, 1937 (P.L.665, No.176), known as the
25 Industrial Homework Law, is repealed.
26 Section 7. Effective date.
27 This act shall take effect in 90 days.
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