PRIOR PRINTER'S NO. 3604
PRINTER'S NO. 3677
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2429
Session of
2020
INTRODUCED BY DIAMOND, KLUNK, ECKER, CAUSER, GLEIM, FEE,
B. MILLER, GREINER, TURZAI, GILLEN, RIGBY, NELSON, THOMAS,
SIMMONS, HICKERNELL, JONES, MARSHALL, ROWE, RYAN, STRUZZI AND
METCALFE, APRIL 23, 2020
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 29, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," providing for emergency COVID-19 provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding an
article to read:
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ARTICLE I-A
EMERGENCY COVID-19 PROVISIONS
Section 101-A. Extension of waiver provisions.
(A) GENERAL RULE.--T he Secretary of Community and Economic
Development shall immediately issue a waiver to the Governor's
20200319 TWW COVID 19 Business Closure Order to all lawn and
garden equipment and supplies stores that can adhere to the
social distancing practices and other mitigation measures
defined by the Centers for Disease Control and Prevention to
protect workers and to mitigate the spread of the COVID-19
virus.
(B) REQUIRED PROTECTION FOR EMPLOYEES.--ALL LAWN AND GARDEN
EQUIPMENT AND SUPPLIES STORES THAT RECEIVE A WAIVER AND OPERATE
UNDER SUBSECTION (A) SHALL ALSO PROVIDE, AT A MINIMUM, THE
FOLLOWING PROTECTIONS FOR AN ESSENTIAL EMPLOYEE:
(1) ADDITIONAL HAZARD PAY, RELATIVE TO THE EMPLOYEE'S
RISK OF EXPOSURE.
(2) APPROPRIATE NEW PERSONAL PROTECTIVE EQUIPMENT AT THE
START OF EVERY SHIFT. PERSONAL PROTECTIVE EQUIPMENT SHALL
INCLUDE, BUT NOT BE LIMITED TO, GLOVES AND A MASK.
(3) A WORK ENVIRONMENT THAT MAXIMIZES THE SAFETY OF THE
EMPLOYEE AND THE PUBLIC, INCLUDING, BUT NOT LIMITED TO,
SOCIAL DISTANCING AND BARRIERS.
(4) CLEANING AREAS WITH ADEQUATE SOAP AND WATER AND
BREAKS TO FREQUENTLY ENGAGE IN HAND WASHING.
(5) LEAVE FOR SICKNESS, WHICH SHALL BE COMPENSATED AT
THE EMPLOYEE'S NORMAL WAGE.
(6) INFORMATION BY THE LAWN AND GARDEN EQUIPMENT AND
SUPPLIES STORE IF A COWORKER HAS BEEN TESTED FOR COVID-19 AND
THE RESULTS OF THOSE TESTS WHEN AVAILABLE.
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(C) VIOLATION.--A LAWN AND GARDEN EQUIPMENT AND SUPPLIES
STORE OPERATING IN THIS COMMONWEALTH UNDER A WAIVER UNDER
SUBSECTION (A) THAT VIOLATES ANY REQUIREMENT UNDER SUBSECTION
(B) SHALL BE IMMEDIATELY CLOSED AND MAY NOT BE PERMITTED TO
REOPEN UNTIL THE LAWN AND GARDEN EQUIPMENT AND SUPPLIES STORE IS
IN COMPLIANCE.
(D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"ESSENTIAL EMPLOYEE." AN EMPLOYEE OF A LAWN AND GARDEN
EQUIPMENT AND SUPPLIES STORE WHO IS REQUIRED BY THE LAWN AND
GARDEN EQUIPMENT AND SUPPLIES STORE TO REPORT TO WORK AT THE
LAWN AND GARDEN EQUIPMENT AND SUPPLIES STORE'S PHYSICAL
LOCATION.
Section 2. This act shall take effect immediately.
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