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.

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 the department.
(8) While on a public work project site, the program
participant may not record a video or photograph on public
property without the consent of the secretary. A recorded
video or photograph authorized under this paragraph shall be
considered property of the department. The program
participant shall submit a recorded video or photograph
authorized under this paragraph to the department within 24
hours of recording the video or taking the photograph. The
program participant may not copy a recorded video or
photograph authorized under this paragraph without the
consent of the department.
(d) Entry to project sites.--The department, a department
employee or a program participant shall be able to freely enter
a public work project site for the purpose of engaging in an act
authorized under subsection (a) and may not be unreasonably
denied entry to the public work project site. While on the
public work project site, the program participant may be
required to check in with the public work project site
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supervisor upon arrival and shall comply with all public work
project site safety protocols.
(e) Access to project sites.--A program participant shall
have access to a public work project site for the sole purpose
of engaging in an act authorized under subsection (a). If the
program participant acts in a manner that would constitute a
conflict of interest with a public body, including representing
a party that is engaged in a legal action against the public
body, the department shall remove the individual from
participation in the program.
Section 5. Prohibited activities of program participants.
A program participant may not represent an organized labor
union as prohibited under this section. If the program
participant represents a labor union as prohibited under this
section, the department shall remove the individual from
participation in the program. The program participant may not:
(1) wear labor union attire, including a jacket,
sweatshirt, t-shirt, cap or hat;
(2) distribute labor union literature, including a
pamphlet, leaflet or meeting notice;
(3) make disparaging remarks regarding a nonlabor union
contractor;
(4) engage in an act that can be interpreted as prolabor
union, labor union promotion or badgering a nonlabor union
contractor;
(5) gather intelligence or documentation for labor union
purposes;
(6) review project data that is not associated with a
pending or active complaint or investigation recognized by
the department;
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(7) engage in an act associated with a project labor
agreement, including requesting or gathering information
regarding project funding, bid tabulation, contracts, project
scope or specifications or substitution requests; or
(8) hold oneself out as a public body employee to a
public work site superintendent, inspector, staff, employee
or consultant or member of the public.
Section 6. Exclusion from program participation.
The department may exclude any of the following from
participation in the program:
(1) An individual who acts in a manner that constitutes
a conflict of interest with the department or a public body
as specified under section 4(e).
(2) An individual who represents an organized labor
union as prohibited under section 5.
Section 7. Investigation of public work project sites.
(a) Determination.--
(1) Within 120 days of receiving all the required
documentation from a program participant under this act, the
department shall conduct a review of the documentation and
make a written determination on whether the program
participant should institute an investigation of the public
work project site.
(2) If the department determines that no investigation
is required, the department shall provide the reasoning for
the determination.
(b) Conduct of investigation.--
(1) A program participant shall conduct an investigation
under subsection (a) in a manner that is not subject to
political influence, political intention or political
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motivation.
(2) If an investigation under subsection (a) is
determined by the department to be subject to political
influence, political intention or political motivation after
a formal hearing that allows the program participant to
present evidence in the program participant's defense, the
department shall bar the individual from participating in the
program for up to five years.
(3) If a program participant is determined by the
department to have conducted more than one investigation
under subsection (a) that is subject to political influence,
political intention or political motivation, the department
shall permanently bar the individual from participation in
the program.
Section 8. Regulations.
The department shall promulgate rules and regulations as
necessary to carry out the department's duties under this act,
which shall include the criteria and minimum qualifications that
an individual is required to meet to participate in the program.
Section 9. Effective date.
This act shall take effect in 60 days.
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