34 Pa. Code § 319.2. Prohibition of discharge or discipline.

§ 319.2. Prohibition of discharge or discipline.

(a)  No nonmanufacturing employer may discharge or cause to be discharged, or otherwise discipline or discriminate against an employe because the employe has done one of the following:
   (1)  Filed a complaint.
   (2)  Assisted the Department with respect to an inspection under section 14 of the act (35 P. S. §  7314) and Chapter 321 (relating to enforcement procedures and penalties).
   (3)  Instituted or caused to be instituted a proceeding under or related to the act and this part.
   (4)  Testified or is about to testify in a proceeding under or related to the act and this part.
   (5)  Requested information or properly refused to work with the specific hazardous substance under section 5 of the act (35 P. S. §  7305) and Chapter 307 (relating to Material Safety Data Sheet (MSDS)).
   (6)  Exercised a right afforded under the act and this part.
(b)  The protections against discharge or discrimination contained in subsection (a) do not apply to a nonmanufacturing employe who, in taking any of the activities outlined in this subsection, has been found to have violated any of the following statutes:
   (1)  42 Pa.C.S. §  8351 (relating to wrongful use of civil proceedings).
   (2)  18 Pa.C.S. §  4902 (relating to perjury).
   (3)  18 Pa.C.S. §  4903 (relating to false swearing).
   (4)  18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities).
   (5)  18 Pa.C.S. §  4906 (relating to false reports to law enforcement authorities).
   (6)  18 Pa.C.S. §  4909 (relating to witness or informant taking bribe).
   (7)  18 Pa.C.S. §  4910 (relating to tampering with or fabricating physical evidence).
   (8)  18 Pa.C.S. §  4911 (relating to tampering with public records or information).
   (9)  18 Pa.C.S. §  4952 (relating to intimidation of witnesses or victims).
   (10)  18 Pa.C.S. §  4953 (relating to retaliation against witnesses or victims).
(c)  Where appropriate, the Department will postpone taking action under this section if enforcement actions under other statutes designed to prevent similar discrimination have been commenced and would remedy alleged violations of this chapter.

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