PRINTER'S NO. 615
No. 589 Session of 1999
INTRODUCED BY BELAN, COSTA, STAPLETON, WAGNER, BODACK,
TARTAGLIONE, BELL AND STOUT, MARCH 15, 1999
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 15, 1999
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.--Whenever a public utility contracts or
10 subcontracts for the employment of individuals to read meters,
11 repair or install equipment or fixtures or perform other public
12 utility services on or within residential structures the
13 utility, contractor and contract employee shall meet the
14 requirements of this section.
15 (b) Background check.--Contract employees shall be subject
16 to a background check of criminal history records as a condition
17 of employment. Records of these background checks shall be kept
18 by the contractor and shall be open to public inspection during
1 regular business hours at a place within the contracting
2 utility's service area.
3 (c) Psychological test.--Contract employees shall undergo a
4 validated psychological test designed to evaluate a propensity
5 to engage in criminal activity.
6 (d) Drug tests.--Contract employees shall be subject to
7 preemployment drug testing as provided by the United States
8 Department of Transportation under 49 CFR Part 40 (relating to
9 procedures for transportation workplace drug testing programs).
10 (e) Vehicles.--During all times when services subject to
11 this section are being performed, the contract employee's
12 vehicle shall conspicuously bear in permanent markings on at
13 least two sides of the vehicle the name of the contractor and a
14 description of the services being provided, or the contractor
15 must provide a contractor-owned vehicle upon which is indicated
16 the name of the contractor.
17 (f) Uniform.--Contract employees shall in the performance of
18 services subject to this section wear a proper uniform which
19 clearly identifies the name of the utility or contractor. The
20 contract employee shall carry identification which indicates the
21 contract employee's relationship with the utility and
22 conspicuously provides the identification number of the contract
23 employee.
24 (g) Bond and insurance.--The contractor shall post an
25 appropriate bond for each contract employee and shall carry
26 appropriate liability insurance relating to the acts or omission
27 of its personnel.
28 (h) Complaints.--The utility must provide a procedure,
29 including a specialized investigative unit, to investigate
30 complaints made by customers against utility or contractor
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1 employees.
2 (i) Telephone identification service.--The utility shall
3 provide a telephone security service during normal business
4 hours which enables customers to verify the authenticity of the
5 service personnel.
6 (j) Contractor.--Prior to entering into a contract, the
7 utility shall verify the financial stability of the contractor,
8 and shall require the disclosure of individuals who have a
9 pecuniary interest in the company. The contract must also
10 require the contractor to comply with subsections (b), (c), (d),
11 (e) and (f) prior to beginning to provide services under the
12 contract, and to make regular reports to the utility of ongoing
13 compliance.
14 (k) Training.--
15 (1) The utility shall stipulate in its contract, minimum
16 standards for the training of contract employees.
17 (2) The cost of this training shall be borne by the
18 contractor.
19 (l) Exemptions.--
20 (1) This section shall not apply to contracts to
21 implement low-income conservation or low-income usage
22 reduction programs.
23 (2) If unforeseen emergency conditions, having a clear
24 and immediate threat of harm to public safety, health or
25 property, compel a utility to contract for the employment of
26 emergency workers, the utility and the contractor are exempt
27 from these requirements for the duration of the emergency,
28 not to exceed seven days.
29 (m) Regulations.--The commission shall promulgate
30 regulations to implement this section.
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1 (n) Definition.--As used in this section, the term
2 "employee" means current and prospective employees of a company
3 under contract with a public utility to perform those utility
4 services described in subsection (a).
5 Section 2. This act shall take effect in 60 days.
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