PRIOR PRINTER'S NO. 3535
PRINTER'S NO. 3592
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2388
Session of
2020
INTRODUCED BY MIHALEK, HEFFLEY, DUNBAR, TURZAI, KNOWLES, O'NEAL,
SIMMONS, WARNER, SCHMITT, ORTITAY, MACKENZIE, GREGORY, RYAN,
JAMES, KEEFER, ROWE, BURGOS, BERNSTINE, BARRAR, ECKER,
STAATS, SCHLEGEL CULVER, HAHN, KAUFFMAN, KAIL, MARSHALL,
MIZGORSKI, OWLETT, MENTZER, JONES, STRUZZI, ZIMMERMAN,
NELSON, GLEIM, SAYLOR, MUSTELLO, TOBASH, MASSER, FEE,
METCALFE, BOROWICZ, COOK, HERSHEY, CAUSER AND LEWIS,
APRIL 7, 2020
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 20, 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
as The Administrative Code of 1929, is amended by adding an
article to read:
ARTICLE I-A
EMERGENCY COVID-19 PROVISIONS
Section 101-A. Extension of waiver provisions.
(A) GENERAL RULE.-- The Secretary of Community and Economic
Development shall immediately issue a waiver to the Governor's
20200319 TWW COVID 19 Business Closure Order to all vehicle
dealer activities that can adhere to the social distancing
practices and other mitigation measures defined by the Centers
for Disease Control to protect workers and to mitigate the
spread of the COVID-19 virus.
(B) REQUIRED PROTECTION FOR EMPLOYEES.--ALL BUSINESSES THAT
RECEIVE A WAIVER AND OPERATE UNDER SUBSECTION (A) SHALL ALSO
PROVIDE, AT 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 BUSINESS IF A COWORKER HAS BEEN
TESTED FOR COVID-19 AND THE RESULTS OF THOSE TESTS WHEN
20200HB2388PN3592 - 2 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
AVAILABLE.
(C) VIOLATION.--A BUSINESS 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 BUSINESS IS IN
COMPLIANCE.
(D) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"ESSENTIAL EMPLOYEE." AN EMPLOYEE OF A BUSINESS WHO IS
REQUIRED BY THE EMPLOYEE'S EMPLOYER TO REPORT TO WORK AT A
PHYSICAL LOCATION.
Section 2. This act shall take effect immediately.
20200HB2388PN3592 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13