Pennsylvania SB 588: An Act establishing the Prevailing Wage Co-Enforcement Program; and providing for duties of the Department of Labor and Industry and participants in the Prevailing Wage Co-Enforcement Program.

Bill Text

PRINTER'S NO. 595
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 588
Session of
2025
INTRODUCED BY PISCIOTTANO, FONTANA, SAVAL, HUGHES, COSTA,
TARTAGLIONE, SANTARSIERO AND FLYNN, APRIL 9, 2025
REFERRED TO LABOR AND INDUSTRY, APRIL 9, 2025
AN ACT
Establishing the Prevailing Wage Co-Enforcement Program; and
providing for duties of the Department of Labor and Industry
and participants in the Prevailing Wage Co-Enforcement
Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Prevailing
Wage Co-Enforcement Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Pennsylvania Prevailing Wage Act." The act of August 15,
1961 (P.L.987, No.442), known as the Pennsylvania Prevailing
Wage Act.
"Public body." As defined in section 2(4) of the
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Pennsylvania Prevailing Wage Act.
"Public work." As defined in section 2(5) of the
Pennsylvania Prevailing Wage Act.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
"Worker." The term shall have the same meaning as the term
"workman" in section 2(7) of the Pennsylvania Prevailing Wage
Act.
Section 3. Establishment of Prevailing Wage Co-Enforcement
Program.
The Prevailing Wage Co-Enforcement Program is established
within the department for the purpose of training volunteers to
identify violations of the Pennsylvania Prevailing Wage Act.
Section 4. Duties of department and program participants.
(a) Authorization.--A program participant may conduct labor
compliance site visits, interview workers on public work project
sites and assist with audits and hearings under the direction of
the department in any of the following circumstances:
(1) When a public body alerts the department that
problems or potential problems exist at a particular public
work project site.
(2) When a worker alerts the program participant of a
potential violation of the Pennsylvania Prevailing Wage Act.
(3) During routine monitoring activities, including
sweeps and surveillance activities conducted by the
department.
(4) When a public body alerts the program participant
about a potential area of interest.
(b) Information exchange.--The department shall contact a
program participant as the department deems necessary to
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exchange relevant information for the purpose of identifying
violations of the Pennsylvania Prevailing Wage Act.
(c) Requirements.--A program participant shall comply with
all of the following requirements:
(1) The program participant shall attend an orientation
about the program offered by the department before engaging
in an act authorized under subsection (a). The department
shall update the orientation under this paragraph as the
department deems necessary to conform to the provisions of
this act.
(2) The program participant may not accept or solicit a
payment for engaging in an act authorized under subsection
(a) on a public work project site.
(3) While on a public work project site, the program
participant shall wear a department-issued identification
badge above the waist that is attached to a clip, in a clear
plastic holder and on a lanyard or other clearly visible
device. The program participant may only use the
identification badge while monitoring a public work project
site or engaging in an act authorized under subsection (a).
(4) Before visiting a public work project site, the
program participant shall notify the secretary. Upon entering
a public work project site, the program participant shall
notify the superintendent or inspector at the public work
project site before engaging in an act authorized under
subsection (a).
(5) The program participant may not disclose a
determination under section 12 of the Pennsylvania Prevailing
Wage Act to a worker on a public work project site.
(6) The program participant shall record each interview
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with a worker and each observation at a public work project
site on a form prescribed by the department. No later than 48
hours after recording an interview or observation on a form
under this paragraph, the program participant shall submit a
copy of the form to the department. A form under this
paragraph shall be considered property of the department.
(7) The program participant shall provide a copy of each
complaint or job start checklist received from a worker,
contractor or subcontractor on a public work project site to
the department within 48 hours of receipt. A copy of the
complaint or job start checklist under this paragraph shall
be considered property of th