43 P.S. § 491-11 Home-Worker's Certificate

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 2023-27
• Year: 2023
• Citation: 43 P.S. § 491-11

(a) Every person desiring to engage in industrial homework within this Commonwealth must procure from the department a home-worker's certificate, which shall be issued without cost and which shall be valid for a period of one year from the date of its issuance, unless sooner revoked or suspended by action of the department or, under subsection (f) of this section, automatically. Application for such certificate shall be made in such form as the department may by regulation prescribe and must be remade each year. Such certificate shall be valid only for work performed by the applicant himself in his own home, and in accordance with the provisions of this act.

(b) No home-worker's certificate shall be issued:--

(1) To any person under the age of sixteen years; or

(2) To any person known to be suffering from an infectious, contagious, or communicable disease, or known to be living in a home that is not clean, sanitary and free from infectious, contagious, or communicable diseases.

(3) To any person, unless that person is unable to leave his home to work on account of:

(i) his own physical handicap, if that handicap has lasted for more than thirty consecutive days; or

(ii) his own illness, if that illness has lasted for more than thirty consecutive days; or

(iii) the necessity of caring for a member of his family who is ill or handicapped, if that illness and/or handicap and necessity has lasted for more than thirty consecutive days.

(c) It shall be the duty of each applicant for a home-worker's certificate to prove his eligibility for a certificate by presenting evidence of handicap or illness of himself or illness or handicap of a family member sufficient to prove to the department that he qualifies for a home-worker's certificate under one of the exceptions set forth in subsection (b)(3) of this section. The department shall be empowered to require any applicant for a home-worker's certificate, or any family member of any applicant for a home-worker's certificate upon whose illness an applicant is relying in order to obtain a certificate, to submit to a medical examination by a physician of the department's choosing in order to aid the department in making a decision on whether or not to issue a certificate.

(d) Whenever a physical examination by a physician is necessary, in order for a person to qualify for or to retain a home-worker's certificate, if the person is working, or has been promised work on the condition that he obtain a home-worker's certificate, it shall be the duty of the employer, representative contractor, or contractor for which the person is working or by which the person has been promised work, to pay the cost of the physical examination.