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§ 1422. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: September 2, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 25. Whistleblower Law (Refs & Annos)
Effective: September 2, 2014
43 P.S. § 1422
§ 1422. 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:
“Appropriate authority.” A Federal, State or local government body, agency or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or waste; or a member, officer, agent, representative or supervisory employee of the body, agency or organization. The term includes, but is not limited to, the Office of Inspector General, the Office of Attorney General, the Department of the Auditor General, the Treasury Department, the General Assembly and committees of the General Assembly having the power and duty to investigate criminal law enforcement, regulatory violations, professional conduct or ethics, or waste.
“Employee.” A person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, for an employer.
“Employer.” A public body or any of the following which receives money from a public body to perform work or provide services relative to the performance of work for or the provision of services to a public body:
(1) An individual.
(2) A partnership.
(3) An association.
(4) A corporation for profit.
(5) A corporation not for profit.
“Good faith report.” A report of conduct defined in this act as wrongdoing or waste which is made without malice or consideration of personal benefit and which the person making the report has reasonable cause to believe is true. An employer is not barred from taking disciplinary action against the employee who completed the report if the employee's report was submitted in bad faith.
“Public body.” All of the following:
(1) A State officer, agency, department, division, bureau, board, commission, council, authority or other body in the executive branch of State government.
(1.1) The General Assembly and its agencies.
(2) A county, city, township, regional governing body, council, school district, special district or municipal corporation, or a board, department, commission, council or agency.
(3) Any other body which is created by Commonwealth or political subdivision authority or which is funded in any amount by or through Commonwealth or political subdivision authority or a member or employee of that body.
“Waste.” An employer's conduct or omissions which result in substantial abuse, misuse, destruction or loss of funds or resources belonging to or derived from Commonwealth or political subdivision sources.
“Whistleblower.” A person who witnesses or has evidence of wrongdoing or waste while employed and who makes a good faith report of the wrongdoing or waste, verbally or in writing, to one of the person's superiors, to an agent of the employer or to an appropriate authority.
“Wrongdoing.” A violation which is not of a merely technical or minimal nature of a Federal or State statute or regulation, of a political subdivision ordinance or regulation or of a code of conduct or ethics designed to protect the interest of the public or the employer.

Credits

1986, Dec. 12, P.L. 1559, No. 169, § 2, effective in 60 days. Amended 2014, July 2, P.L. 824, No. 87, § 1, effective in 60 days [Sept. 2, 2014]; 2014, July 2, P.L. 826, No. 88, § 1, effective in 60 days [Sept. 2, 2014].
43 P.S. § 1422, PA ST 43 P.S. § 1422
Current through 2021 Regular Session Act 90. Some statute sections may be more current, see credits for details.
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