PRINTER'S NO. 3170
No. 2431 Session of 1996
INTRODUCED BY VEON, BELFANTI, STURLA, KUKOVICH, LEVDANSKY,
SURRA, GEORGE, CALTAGIRONE, ROBINSON, GIGLIOTTI, PESCI,
DeWEESE, TRELLO, JAROLIN, PISTELLA, BELARDI, MELIO,
YOUNGBLOOD, SHANER, STEELMAN, LAUGHLIN, RAMOS AND THOMAS,
MARCH 8, 1996
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 8, 1996
AN ACT
1 Amending the act of May 18, 1937 (P.L.654, No.174), entitled, as
2 amended, "An act to provide for the safety and to protect the
3 health and morals of persons while employed; prescribing
4 certain regulations and restrictions concerning places where
5 persons are employed, and the equipment, apparatus,
6 materials, devices and machinery used therein; prescribing
7 certain powers and duties of the Department of Labor and
8 Industry relative to the enforcement of this act; and fixing
9 penalties," providing for minimum indoor air quality and
10 ventilation regulations; providing for inspections; and
11 further providing for penalties and their disposition.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 3 of the act of May 18, 1937 (P.L.654,
15 No.174), entitled, as amended, "An act to provide for the safety
16 and to protect the health and morals of persons while employed;
17 prescribing certain regulations and restrictions concerning
18 places where persons are employed, and the equipment, apparatus,
19 materials, devices and machinery used therein; prescribing
20 certain powers and duties of the Department of Labor and
21 Industry relative to the enforcement of this act; and fixing
1 penalties," repealed in part October 4, 1978 (P.L.909, No.173),
2 is amended to read:
3 Section 3. Lighting, Heating, Ventilation, and Sanitary
4 Facilities.--[All establishments shall be adequately lighted,
5 heated, and ventilated. Proper sanitary facilities shall be
6 provided in sufficient number for the persons employed, and
7 shall include toilet facilities, washing facilities, dressing
8 rooms, and wholesome drinking water of approved quality.] (a)
9 All establishments shall be adequately lighted and heated.
10 (b) All establishments shall be adequately ventilated in
11 accordance with minimum indoor air quality and ventilation
12 regulations promulgated by the department, which regulations
13 shall include, but not be limited to, provisions for regular,
14 periodic inspections to monitor the operation, maintenance and
15 sanitation of ventilation systems and to monitor air quality,
16 air flow, temperature and humidity.
17 (c) Proper sanitary facilities shall be provided in
18 sufficient number for the persons employed, and shall include
19 toilet facilities, washing facilities, dressing rooms and
20 wholesome drinking water of approved quality.
21 Section 2. Sections 13 and 15 of the act are amended to
22 read:
23 Section 13. Enforcement; Right of Entry.--The provisions of
24 this act shall be enforced by the Department of Labor and
25 Industry. For the purpose of enforcing the provisions of this
26 act, the Secretary of Labor and Industry, or his duly authorized
27 representative, shall have the power to enter any room,
28 building, or place where labor is employed[,] to conduct
29 inspections and to issue the necessary instructions to the
30 superintendent, manager, or responsible agent of the employer[,]
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1 to correct violations of this act or regulations based on this
2 act.
3 Section 15. Penalties.--(a) Any person who shall violate
4 any of the provisions of this act or the rules and regulations
5 of the department as herein provided for, or who shall hinder or
6 delay or interfere with any person charged with the enforcement
7 of this act in the performance of his duty, shall, upon
8 conviction in a summary proceeding, be sentenced for a first
9 offense to pay a fine of not less than [twenty-five] fifty
10 dollars and not more than one hundred dollars, and in default of
11 the payment of such fine and costs, shall be imprisoned for a
12 term of not more than thirty days, and, upon conviction for a
13 second offense, shall be sentenced to pay a fine of not less
14 than [fifty or] one hundred dollars and not more than [two]
15 three hundred dollars, and in default of the payment of such
16 fine and costs, shall be imprisoned for a term not exceeding
17 sixty days. Any person guilty of a third offense, under the
18 provisions of this act, shall be guilty of a misdemeanor, and,
19 upon conviction, shall be sentenced to pay a fine of not more
20 than [five hundred] one thousand dollars, or to undergo
21 imprisonment not exceeding [six months] one year, or both, at
22 the discretion of the court. Each violation shall be deemed to
23 constitute a separate offense.
24 (b) All fines collected under this act shall be forwarded to
25 the Department of Labor and Industry [who shall transmit the
26 same to the State Treasury, through the Department of Revenue]
27 and shall be retained by the department for the enforcement of
28 this act.
29 Section 3. This act shall take effect in one year.
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