PRINTER'S NO. 1003
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
841
Session of
2023
INTRODUCED BY FARRY, TARTAGLIONE, KANE, FONTANA, SCHWANK,
CAPPELLETTI, BREWSTER AND DILLON, JULY 5, 2023
REFERRED TO LABOR AND INDUSTRY, JULY 5, 2023
AN ACT
Amending the act of August 15, 1961 (P.L.987, No.442), entitled
"An act relating to public works contracts; providing for
prevailing wages; imposing duties upon the Secretary of Labor
and Industry; providing remedies, penalties and repealing
existing laws," further providing for definitions, for
specifications, for prevailing wage and for duty of
secretary.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(5)and (7) of the act of August 15, 1961
(P.L.987, No.442), known as the Pennsylvania Prevailing Wage
Act, are amended and the section is amended by adding a
paragraph to read:
Section 2. Definitions.--As used in this act--
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(5) "Public work" means construction, reconstruction,
demolition, alteration, custom fabrication and/or repair work
other than maintenance work, done under contract and paid for in
whole or in part out of the funds of a public body where the
estimated cost of the total project is in excess of twenty-five
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thousand dollars ($25,000), but shall not include work performed
under a rehabilitation or manpower training program.
* * *
(7) "Workman" includes laborer, mechanic, skilled and semi-
skilled laborer and apprentices employed by any contractor or
subcontractor and engaged in the performance of services
directly upon or for the public work project, regardless of
whether their work becomes a component part thereof, and
includes laborers, mechanics, skilled and semi-skilled laborers,
apprentices and other persons employed by any contractor or
subcontractor to perform custom fabrication of non-standard
goods or materials for the public work project, but does not
include material suppliers or their employes who do not perform
services at the job site unless the work involves custom
fabrication.
* * *
(11) "Custom fabrication" means the fabrication, assembly or
other production of nonstandard goods or materials, including
components, fixtures or parts thereof, that are fabricated or
assembled offsite but produced specifically for a public work
project. The goods and materials shall include, but not be
limited to, those used in the trades or systems, including
plumbing or pipe-fitting systems, heating, ventilating, air-
conditioning, refrigeration systems, sheet metal or other duct
systems, boiler systems, electrical systems, welding work,
mechanical insulation work and ornamental iron work. The term
shall include the fabrication, assembly or other production of
components or structures prefabricated to specifications for a
particular public works project or other materials finished into
components for use in a public works project.
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Section 2. Sections 3, 5 and 7 of the act are amended to
read:
Section 3. Specifications.--The specifications for every
contract for any public work to which any public body is a
party, shall contain a provision stating the minimum wage rate
that must be paid to the workmen employed in the performance of
the contract[.], including workmen engaged in custom
fabrication. The minimum wage for custom fabrication work shall
be the same as the wage paid for project work in accordance with
each applicable trade or classification. A firm, business or
employer which contracts or subcontracts to perform custom
fabrication for a public work shall be subject to the same
compliance and reporting requirements and penalties and
enforcement procedures and has the same obligations as any other
contractor or subcontractor under this chapter or regulations
promulgated under this act by the department.
Section 5. Prevailing Wage.--Not less than the prevailing
minimum wages as determined hereunder shall be paid to all
workmen employed on public work. Workmen must be paid the
appropriate rate for their craft and may not be paid multiple
rates on the same project.
Section 7. Duty of Secretary.--The secretary shall, after
consultation with the advisory board, determine the general
prevailing minimum wage rate in the locality in which the public
work is to be performed for each craft or classification of all
workmen needed to perform public work contracts during the
anticipated term thereof: Provided, however, That employer and
employe contributions for employe benefits pursuant to a bona
fide collective bargaining agreement shall be considered an
integral part of the wage rate for the purpose of determining
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the minimum wage rate under this act. For workmen engaged in
custom fabrication for a public work project, the applicable
prevailing minimum wage rates shall be the prevailing minimum
wage rate for the applicable craft or trade in the locality in
which the public work project is located. Nothing in this act,
however, shall prohibit the payment of more than the general
prevailing minimum wage rate to any workman employed on public
work. The secretary shall forthwith give notice by mail of all
determinations of general prevailing minimum wage rates made
pursuant to this section to any representative of any craft, any
employer or any representative of any group of employers, who
shall in writing request the secretary so to do.
Section 3. This act shall take effect in 60 days.
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