Current through Register Vol. 54, No.43, October 26, 2024
Section 225.3 - Complaint and investigation procedure(a) Upon receipt of a complaint or its own initiative, the Bureau will investigate alleged violations of the act.(b) An aggrieved employee who believes there is a violation of this act against him by a health care facility or employer may file a complaint, within 60 days of the violation, with the Bureau.(c) The complaint must be in writing, signed and set forth the grounds for the complaint. A complaint must contain:(1) The name and address of the complainant.(2) The name and address of the employer against whom the complaint is filed.(3) A statement of the facts forming the basis of the complaint or conclusion that there has been one or more violations of the act, including the date, time and place of the alleged violation. A complaint may contain multiple violations.(4) The name of known witnesses.(5) Other information that may be pertinent to an investigation.(d) The Bureau will prepare complaint forms that will be available on the Department's web site at www.dli.state.pa.us. The forms will be available in English and Spanish.(e) The Bureau will accept complaints that are not placed on the complaint form.(f) The Bureau will record the date of receipt on a complaint. The Bureau will review and begin investigation of a complaint within 60 days of receipt. If a complaint does not provide the information required under subsection (c), the Bureau will advise the complainant in writing of the procedures necessary to comply with subsection (c) and allow the party 30 days from the date of the Bureau's letter to provide the required missing information. If the party fails to provide information fully conforming to the requirements of subsection (c), the Bureau may dismiss the complaint and will notify the complainant in writing of the dismissal. The Bureau's written notification will include a statement of the basis for the Bureau's dismissal.(g) All health care facilities and employers shall establish a system for keeping records of circumstances when employees are required to work in excess of an agreed to, predetermined and regularly scheduled daily work shift, or in excess of 40 hours per week. These records shall be kept for 3 years.