Special_Provision_a02302_Worker_Protection_and_Investment.pdf

Standard Special Provision Detail

Index or Category: General Provisions Related Status: Active Sequence ID: 2302 District: CO

Version: A Provision Name: a02302 Worker Protection and Investment

Usage Information Measurement: English-IP

Edit Body: No Include on all projects: Yes Edit Header: No Include on all federally funded projects: No

Edit Project Specific Details: No Include on all 100% State funded projects: No Instructions for Usage: Based on Executive Order 2021-06; Must be attached to all projects

408 Section:

Effective From: 02/10/2022

To: 01/01/2199

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Header Worker Protection and Investment

Provision Body In accordance with the Governor’s Executive Order 2021-06, Worker Protection and Investment, contractors and grantees of the Commonwealth must certify they are in compliance with Pennsylvania’s Unemployment Compensation Law, Worker’s Compensation Law, and all applicable Pennsylvania state labor and workforce safety laws including, but not limited to:

1. Construction Workplace Misclassification Act

2. Employment of Minors Child Labor Act

3. Minimum Wage Act

4. Prevailing Wage Act

5. Equal Pay Law

6. Employer to Pay Employment Medical Examination Fee Act

7. Seasonal Farm Labor Act

8. Wage Payment and Collection Law

9. Industrial Homework Law

10. Construction Industry Employee Verification Act

11. Act 102: Prohibition on Excessive Overtime in healthcare

12. Apprenticeship and Training Act

13. Inspection of Employment Records Law

To ensure compliance with these statutes, Contractors and Grantees are required to submit the Worker Protection and Investment Certification Form (BOP-2201) in response to all ECMS procurement solicitations. The form is available in the ECMS File Cabinet (in References Tab). If assistance with the Form is needed, contact the ECMS Help Desk at 855- 783-8330 or at 717- 783-8330. ECMS Help Desk assistance is available 24 hours a day, 7 days a week.

This form must be completed for the Prime Contractor and all subcontractors and/or services.

The Prime Contractor must email the completed BOP-2201 Form to workprotect@pa.gov or fax the Form to 717-265- 7207, signed by an authorized representative of the Contractor, possessing sufficient knowledge to make the

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Daniel m. Rodriguez

8/18/26, 9:16 AM Standard Special Provision https://www.ecms.penndot.pa.gov/ECMS/PDTagServlet?action=printerFriendly&jspName=WEB-INF/jsp/SPPmanageSpecialProvision.jsp 1/2 mailto:workprotect@pa.gov mailto:workprotect@pa.gov http://www.penndot.gov/ http://www.penndot.gov/ https://www.ecms.penndot.pa.gov/ECMS/SVCOMMain https://www.ecms.penndot.pa.gov/ECMS/SVCOMSiteMap javascript:openHelpWindow() http://www.pa.gov/ http://www.pa.gov/ javascript:window.print() https://www.ecms.penndot.pa.gov/ECMS/PDTagServlet?action=printerFriendly&jspName=WEB-INF/jsp/SPPmanageSpecialProvision.jsp representations and certifications on the BOP-2201 Form by 3:00 P.M. prevailing local time within 7 calendar days after the bid opening. When the seventh (7th) calendar day after the bid opening falls on a day that the Department offices are closed, submit the BOP-2201 Form by 3:00 P.M. prevailing local time on the next business day. Failure or refusal to provide the BOP-2201 Form, or inclusion on any Pennsylvania Department of Labor and Industry Worker Protection and Labor Law Non-Compliance List, will be considered a refusal to comply with bidding requirements and may result in rejection of the bid, and other appropriate consequences.

For Subcontractors/Services, the completed BOP-2201 Form must be attached with the Public Works Verification Act form and submitted in ECMS before a subcontractor request can be approved. A subcontractor/service identified on any Pennsylvania Department of Labor and Industry Worker Protection and Labor Law Non-Compliance List will not be approved.

The Pennsylvania Department of Labor and Industry has created a public list of businesses that have been found to be non-compliant with Pennsylvania state labor and workforce safety law which will be published on its public-facing website. The link to the Department of Labor and Industry’s website is: www.dli.pa.gov/Pages/Non-Compliance- List.aspx. Questions regarding inclusion on the list should be directed to the appropriate bureau with the Department of Labor and Industry.

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Audit Information Created By Created On Modified By Modified On Elizabeth Roman/PennDOT 02/10/2022 10:25:34 AM Elizabeth Roman/PennDOT 02/14/2022 08:01:26 AM

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