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.

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
 1   Establishing the Prevailing Wage Co-Enforcement Program; and
 2      providing for duties of the Department of Labor and Industry
 3      and participants in the Prevailing Wage Co-Enforcement
 4      Program.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7   Section 1.   Short title.
 8      This act shall be known and may be cited as the Prevailing
 9   Wage Co-Enforcement Act.
10   Section 2.   Definitions.
11      The following words and phrases when used in this act shall
12   have the meanings given to them in this section unless the
13   context clearly indicates otherwise:
14      "Department."    The Department of Labor and Industry of the
15   Commonwealth.
16      "Pennsylvania Prevailing Wage Act."    The act of August 15,
17   1961 (P.L.987, No.442), known as the Pennsylvania Prevailing
18   Wage Act.
19      "Public body."    As defined in section 2(4) of the
 1   Pennsylvania Prevailing Wage Act.
 2      "Public work."     As defined in section 2(5) of the
 3   Pennsylvania Prevailing Wage Act.
 4      "Secretary."     The Secretary of Labor and Industry of the
 5   Commonwealth.
 6      "Worker."     The term shall have the same meaning as the term
 7   "workman" in section 2(7) of the Pennsylvania Prevailing Wage
 8   Act.
 9   Section 3.     Establishment of Prevailing Wage Co-Enforcement
10                  Program.
11      The Prevailing Wage Co-Enforcement Program is established
12   within the department for the purpose of training volunteers to
13   identify violations of the Pennsylvania Prevailing Wage Act.
14   Section 4.     Duties of department and program participants.
15      (a)   Authorization.--A program participant may conduct labor
16   compliance site visits, interview workers on public work project
17   sites and assist with audits and hearings under the direction of
18   the department in any of the following circumstances:
19            (1)   When a public body alerts the department that
20      problems or potential problems exist at a particular public
21      work project site.
22            (2)   When a worker alerts the program participant of a
23      potential violation of the Pennsylvania Prevailing Wage Act.
24            (3)   During routine monitoring activities, including
25      sweeps and surveillance activities conducted by the
26      department.
27            (4)   When a public body alerts the program participant
28      about a potential area of interest.
29      (b)   Information exchange.--The department shall contact a
30   program participant as the department deems necessary to

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 1   exchange relevant information for the purpose of identifying
 2   violations of the Pennsylvania Prevailing Wage Act.
 3      (c)   Requirements.--A program participant shall comply with
 4   all of the following requirements:
 5            (1)   The program participant shall attend an orientation
 6      about the program offered by the department before engaging
 7      in an act authorized under subsection (a). The department
 8      shall update the orientation under this paragraph as the
 9      department deems necessary to conform to the provisions of
10      this act.
11            (2)   The program participant may not accept or solicit a
12      payment for engaging in an act authorized under subsection
13      (a) on a public work project site.
14            (3)   While on a public work project site, the program
15      participant shall wear a department-issued identification
16      badge above the waist that is attached to a clip, in a clear
17      plastic holder and on a lanyard or other clearly visible
18      device. The program participant may only use the
19      identification badge while monitoring a public work project
20      site or engaging in an act authorized under subsection (a).
21            (4)   Before visiting a public work project site, the
22      program participant shall notify the secretary. Upon entering
23      a public work project site, the program participant shall
24      notify the superintendent or inspector at the public work
25      project site before engaging in an act authorized under
26      subsection (a).
27            (5)   The program participant may not disclose a
28      determination under section 12 of the Pennsylvania Prevailing
29      Wage Act to a worker on a public work project site.
30            (6)   The program participant shall record each interview

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 1      with a worker and each observation at a public work project
 2      site on a form prescribed by the department. No later than 48
 3      hours after recording an interview or observation on a form
 4      under this paragraph, the program participant shall submit a
 5      copy of the form to the department. A form under this
 6      paragraph shall be considered property of the department.
 7            (7)   The program participant shall provide a copy of each
 8      complaint or job start checklist received from a worker,
 9      contractor or subcontractor on a public work project site to
10      the department within 48 hours of receipt. A copy of the
11      complaint or job start checklist under this paragraph shall
12      be considered property of the department.
13            (8)   While on a public work project site, the program
14      participant may not record a video or photograph on public
15      property without the consent of the secretary. A recorded
16      video or photograph authorized under this paragraph shall be
17      considered property of the department. The program
18      participant shall submit a recorded video or photograph
19      authorized under this paragraph to the department within 24
20      hours of recording the video or taking the photograph. The
21      program participant may not copy a recorded video or
22      photograph authorized under this paragraph without the
23      consent of the department.
24      (d)   Entry to project sites.--The department, a department
25   employee or a program participant shall be able to freely enter
26   a public work project site for the purpose of engaging in an act
27   authorized under subsection (a) and may not be unreasonably
28   denied entry to the public work project site. While on the
29   public work project site, the program participant may be
30   required to check in with the public work project site

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 1   supervisor upon arrival and shall comply with all public work
 2   project site safety protocols.
 3      (e)   Access to project sites.--A program participant shall
 4   have access to a public work project site for the sole purpose
 5   of engaging in an act authorized under subsection (a). If the
 6   program participant acts in a manner that would constitute a
 7   conflict of interest with a public body, including representing
 8   a party that is engaged in a legal action against the public
 9   body, the department shall remove the individual from
10   participation in the program.
11   Section 5.     Prohibited activities of program participants.
12      A program participant may not represent an organized labor
13   union as prohibited under this section. If the program
14   participant represents a labor union as prohibited under this
15   section, the department shall remove the individual from
16   participation in the program. The program participant may not:
17            (1)   wear labor union attire, including a jacket,
18      sweatshirt, t-shirt, cap or hat;
19            (2)   distribute labor union literature, including a
20      pamphlet, leaflet or meeting notice;
21            (3)   make disparaging remarks regarding a nonlabor union
22      contractor;
23            (4)   engage in an act that can be interpreted as prolabor
24      union, labor union promotion or badgering a nonlabor union
25      contractor;
26            (5)   gather intelligence or documentation for labor union
27      purposes;
28            (6)   review project data that is not associated with a
29      pending or active complaint or investigation recognized by
30      the department;

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 1            (7)   engage in an act associated with a project labor
 2      agreement, including requesting or gathering information
 3      regarding project funding, bid tabulation, contracts, project
 4      scope or specifications or substitution requests; or
 5            (8)   hold oneself out as a public body employee to a
 6      public work site superintendent, inspector, staff, employee
 7      or consultant or member of the public.
 8   Section 6.     Exclusion from program participation.
 9      The department may exclude any of the following from
10   participation in the program:
11            (1)   An individual who acts in a manner that constitutes
12      a conflict of interest with the department or a public body
13      as specified under section 4(e).
14            (2)   An individual who represents an organized labor
15      union as prohibited under section 5.
16   Section 7.     Investigation of public work project sites.
17      (a)   Determination.--
18            (1)   Within 120 days of receiving all the required
19      documentation from a program participant under this act, the
20      department shall conduct a review of the documentation and
21      make a written determination on whether the program
22      participant should institute an investigation of the public
23      work project site.
24            (2)   If the department determines that no investigation
25      is required, the department shall provide the reasoning for
26      the determination.
27      (b)   Conduct of investigation.--
28            (1)   A program participant shall conduct an investigation
29      under subsection (a) in a manner that is not subject to
30      political influence, political intention or political

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 1      motivation.
 2          (2)   If an investigation under subsection (a) is
 3      determined by the department to be subject to political
 4      influence, political intention or political motivation after
 5      a formal hearing that allows the program participant to
 6      present evidence in the program participant's defense, the
 7      department shall bar the individual from participating in the
 8      program for up to five years.
 9          (3)   If a program participant is determined by the
10      department to have conducted more than one investigation
11      under subsection (a) that is subject to political influence,
12      political intention or political motivation, the department
13      shall permanently bar the individual from participation in
14      the program.
15   Section 8.   Regulations.
16      The department shall promulgate rules and regulations as
17   necessary to carry out the department's duties under this act,
18   which shall include the criteria and minimum qualifications that
19   an individual is required to meet to participate in the program.
20   Section 9.   Effective date.
21      This act shall take effect in 60 days.




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