PRINTER'S NO. 3491
No. 2555 Session of 1998
INTRODUCED BY VEON, GEORGE, TANGRETTI, GIGLIOTTI, BELARDI,
TRAVAGLIO, LAUGHLIN, STURLA, SCRIMENTI, STEELMAN, WALKO,
PISTELLA, DeLUCA, HABAY, MELIO, VAN HORNE, ROONEY,
C. WILLIAMS, L. I. COHEN, RAMOS, JOSEPHS, YOUNGBLOOD,
M. COHEN, THOMAS, McGEEHAN AND MILLER, APRIL 29, 1998
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 29, 1998
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing for utility service
3 personnel.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 66 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 1512. Service personnel.
9 (a) General rule.--Any public utility which employs through
10 a contractor individuals to read meters, repair, monitor or
11 install equipment or fixtures or perform other public utility
12 services on or within residential structures shall meet the
13 applicable provisions of this section.
14 (b) Background check.--Contract employees shall be subject
15 to a background check of criminal history records of any
16 appropriate law enforcement agency. Records of these background
17 checks shall be kept by the contractor and shall be open to
1 public inspection at a place within the contracting utility's
2 service area.
3 (c) Psychological test.--Contract employees shall undergo a
4 validated psychological test designed to evaluate an employee's
5 propensity to engage in criminal activity.
6 (d) Drug tests.--Contract employees shall be subject to
7 preemployment, random and probable cause tests to determine the
8 presence of controlled substances.
9 (e) Vehicles.--During all times when services subject to
10 this section are being performed, the contract employee's
11 vehicle shall conspicuously bear in temporary markings on at
12 least two sides of the vehicle the name of the contractor and a
13 description of the services being provided, or the contractor
14 must provide a contractor-owned vehicle upon which is indicated
15 the name of the contractor.
16 (f) Uniform.--Contract employees shall in the performance of
17 services subject to this section wear a proper uniform which
18 clearly identifies the name of the utility or contractor. The
19 contract employee shall carry identification which indicates the
20 contract employee's relationship with the utility and
21 conspicuously provides the identification number of the contract
22 employee.
23 (g) Bond and insurance.--The contractor shall post an
24 appropriate bond for each contract employee and shall carry
25 appropriate liability insurance relating to the acts or omission
26 of its personnel.
27 (h) Complaints.--The utility must provide a procedure,
28 including a specialized investigative unit, to investigate
29 complaints made by customers against utility or contractor
30 employees.
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1 (i) Telephone identification service.--The utility shall
2 provide a telephone security service during normal business
3 hours which enables customers to verify the authenticity of the
4 service personnel. The commission shall determine, by
5 regulation, the requirements of the telephone access service as
6 it relates to staffing, response time and reliability.
7 (j) Contractor.--Prior to a utility entering into a contract
8 with another company for the provision of service personnel, the
9 utility shall ascertain and assure through conditions in its
10 contract the financial stability of the contractor, disclosure
11 of individuals who have a pecuniary interest in the company and
12 the contractor's ability and willingness to apply and otherwise
13 conform to the requirements of subsections (b), (c), (d), (e)
14 and (f).
15 (k) Training.--
16 (1) The utility shall provide or supervise the training
17 of its contract employees sufficient to insure the protection
18 of utility customers.
19 (2) The cost of this training shall be borne by the
20 contractor.
21 (l) Emergency exemption.--In the event of a sudden or
22 unforeseen occurrence that results in a clear and immediate
23 impact upon public safety or health or involves property damage,
24 a utility shall be exempt from the provisions of this section
25 for the period necessary to alleviate the emergency situation,
26 not to exceed ten days.
27 (m) Definition.--As used in this section, the term
28 "employee" means current and prospective employees of a company
29 under contract with a public utility to perform those utility
30 services described in subsection (a).
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1 Section 2. This act shall take effect in 60 days.
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