43 Pa. Stat. § 1301.302

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1301.302 - Inspections and entry
(a) Each seasonal farm labor camp shall be inspected by the Department of Environmental Resources from time to time during a calendar year. At least one such inspection shall be made prior to the issuance or renewal of a permit for such camps. Inspectors shall be authorized to consult with and to assist camp owners and operators with respect to the requirements of this act, the rules and regulations or permits issued pursuant to this act, and other relevant statutes and ordinances. Inspectors shall ascertain and report to the department the violations of this act or of rules and regulations or permits issued thereunder, or of any other act, rules or regulations apparent in the course of any inspection. The inspector shall provide the camp owner with a copy of the inspection sheet immediately following the inspection.
(b) The secretary and his authorized officers and agents, upon proper identification, may for the purpose of this act:
(1) enter public or private property to determine whether there exists any camp to which this act applies;
(2) enter and inspect all camps wheresoever situated, and inspect all sites, accommodations, equipment or facilities associated therewith; and
(3) enter and inspect the immediate land surrounding any camp, excluding that reserved solely for the owner's personal use, to determine whether the requirements of this act, any rules and regulations, permits or orders issued pursuant to this or any other act are being complied with.

It shall be unlawful for any person to prevent, interfere with, or hinder the secretary or his authorized officers and agents when, after presentation of proper identification, such officer or agent attempts to exercise any power authorized by this subsection.

(c) Any seasonal farm worker or representative of seasonal farm workers who believes that a violation of this act, rules and regulations, permits or orders issued pursuant to this act or of any other act, may request an inspection by giving notice to the secretary or his authorized representative of such violation. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the seasonal farm worker or representative of seasonal farm workers. A copy shall be provided the employer or his agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual seasonal farm workers referred to therein shall not appear in such copy. If upon receipt of such notification the secretary or his authorized representative determines there are reasonable grounds to believe that such violation exists, he shall make an inspection in accordance with the provisions of this subsection as soon as practicable to determine if such violation exists. If the secretary institutes enforcement proceedings on the basis of a notice provided for in this subsection, he shall in a timely fashion inform the employer of the name of the person who filed the notice. If the secretary determines there are no reasonable grounds to believe that a violation exists he shall notify the seasonal farm workers or representative of the seasonal farm workers in writing of such determination.

43 P.S. § 1301.302

1978, June 23, P.L. 537, No. 93, § 302, effective in 90 days.