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Public Act 103-0437
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HB2862 Enrolled | LRB103 03414 AMQ 48420 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Day and Temporary Labor Services Act is |
amended by changing Sections 2, 5, 30, 45, 50, 55, 70, and 85 |
and by adding Sections 11, 42, and 67 as follows:
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(820 ILCS 175/2)
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Sec. 2. Legislative Findings.
The General Assembly finds |
as follows: |
Since the passage of this Act, the number of Over 300,000 |
workers who work as day or temporary laborers in Illinois has |
risen from approximately 300,000 to more than 650,000 |
according to data collected by the Department of Labor . |
Since the passage of this Act, the number of Approximately |
150 day labor and temporary labor service agencies registered |
in Illinois has risen from approximately 150 with 600 branch |
offices to over 300 with over 800 branch offices with nearly |
600 branch offices are licensed throughout Illinois . In |
addition, there still exists is a significant large , though |
unknown, number of unregistered unlicensed day labor and |
temporary labor service agencies that operate outside the |
radar of law enforcement. |
Recent studies and a survey of low-wage day or temporary |
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laborers themselves have consistently found finds that as a |
group, they are particularly vulnerable to abuse of their |
labor rights, including unpaid wages, failure to pay for all |
hours worked, minimum wage and overtime violations, and |
unlawful deductions deduction from pay for meals, |
transportation, equipment , and other items. |
Current law is inadequate to protect the labor and |
employment rights of these workers. |
At the same time, in Illinois and in other states, |
democratically run nonprofit day labor centers, which charge |
no fee for their services, have been established to provide an |
alternative for day or temporary laborers to solicit work on |
street corners. These centers are not subject to this Act.
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(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/5)
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Sec. 5. Definitions. As used in this Act:
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"Day or temporary laborer" means a natural person who |
contracts
for employment
with a day and temporary labor |
service agency.
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"Day and temporary labor" means work performed by a day or |
temporary laborer at a third party client, the duration of |
which may be specific or undefined, pursuant to a contract or |
understanding between the day and temporary labor service |
agency and the third party client.
"Day and temporary labor" |
does not include labor or employment of
a professional or
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clerical nature.
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"Day and temporary labor service agency" means any person |
or
entity engaged in
the business of employing day or |
temporary laborers to provide
services, for a fee, to or for |
any
third party client pursuant to a contract with the day and |
temporary
labor service agency and
the third party client.
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"Department" means the Department of Labor.
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"Interested party" means an organization that monitors or |
is attentive to compliance with public or worker safety laws, |
wage and hour requirements, or other statutory requirements. |
"Third party client" means any person that contracts with |
a
day and temporary labor
service agency for obtaining day or |
temporary laborers.
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"Person" means every natural person, firm, partnership, |
co-partnership, limited liability company, corporation, |
association, business trust, or other legal entity, or its |
legal representatives, agents, or assigns.
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(Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
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(820 ILCS 175/11 new) |
Sec. 11. Right to refuse assignment to a labor dispute. |
(a) No day and temporary labor service agency may send a |
day or temporary laborer to a place where a strike, a lockout, |
or other labor trouble exists without providing, at or before |
the time of dispatch, a statement, in writing and in a language |
that the day and temporary laborer understands, informing the |
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day or temporary laborer of the labor dispute and the day or |
temporary laborer's right to refuse the assignment without |
prejudice to receiving another assignment. |
(b) The failure by a day and temporary labor service |
agency to provide any of the information required by this |
Section shall constitute a notice violation under Section 95. |
The failure of a day and temporary labor service agency to |
provide each piece of information required by this Section at |
each time it is required by this Section shall constitute a |
separate and distinct notice violation. If a day and temporary |
labor service agency claims that it has provided a notice as |
required under this Section electronically, the day and |
temporary labor service agency shall bear the burden of |
showing that the notice was provided if there is a dispute.
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(820 ILCS 175/30)
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Sec. 30. Wage Payment and Notice.
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(a) At the time of
payment of wages, a day and temporary
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labor service agency
shall provide each day or temporary |
laborer with a detailed
itemized
statement, on the day or |
temporary laborer's paycheck stub or on a form approved by the |
Department, listing the following: |
(1) the name, address, and telephone number of each |
third party client at which the day or temporary laborer |
worked. If this information is provided on the day or |
temporary laborer's paycheck stub, a code for each third |
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party client may be used so long as the required |
information for each coded third party client is made |
available to the day or temporary laborer; |
(2) the number of hours worked by the day or temporary |
laborer at each third party client each day during the pay |
period. If the day or temporary laborer is assigned to |
work at the same work site of the same third party client |
for multiple days in the same work week, the day and |
temporary labor service agency may record a summary of |
hours worked at that third party client's worksite so long |
as the first and last day of that work week are identified |
as well. The term "hours worked" has the meaning ascribed |
to that term in 56 Ill. Adm. Code 210.110 and in accordance |
with all applicable rules or court interpretations under |
56 Ill. Adm. Code 210.110; |
(3) the rate of payment for each hour worked, |
including any premium rate or bonus; |
(4) the total pay period earnings; |
(5) all deductions made from the day or temporary |
laborer's compensation made either by the third party |
client or by the day and temporary labor service agency, |
and the purpose for which deductions were made, including |
for the day or temporary laborer's transportation, food, |
equipment, withheld income tax, withheld social security |
payments, and every other deduction; and |
(6) any additional information required by rules |
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issued by the Department.
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(a-1) For each day or temporary laborer who is contracted |
to work a single day, the third party client shall, at the end |
of the work day, provide such day or temporary laborer with a |
Work Verification Form, approved by the Department, which |
shall contain the date, the day or temporary laborer's name, |
the work location, and the hours worked on that day. Any third |
party client who violates this subsection (a-1) may be subject |
to a civil penalty of not less than $100 and not more than |
$1,500 to exceed $500 for each violation found by the |
Department. Such civil penalty shall may increase to not less |
than $500 and not more than $7,500 $2,500 for a second or |
subsequent violation. For purposes of this subsection (a-1), |
each violation of this subsection (a-1) for each day or |
temporary laborer and for each day the violation continues |
shall constitute a separate and distinct violation.
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(b) A day and temporary labor service agency shall provide |
each
worker an annual
earnings summary within a reasonable |
time after the preceding calendar
year, but in no case later |
than February 1. A day and temporary
labor service agency |
shall,
at the time of each wage payment, give notice to day or |
temporary laborers
of the
availability of the annual earnings |
summary or post such a notice in a
conspicuous place in the |
public reception area.
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(c) At the request of a day or temporary
laborer, a day and |
temporary labor service agency shall
hold the daily wages of |
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the day or temporary laborer and make
either weekly, |
bi-weekly, or semi-monthly
payments. The wages shall be paid |
in a single check, or, at the day or temporary laborer's sole |
option, by direct deposit or other manner approved by the |
Department, representing
the wages earned during the period, |
either weekly, bi-weekly, or semi-monthly,
designated by the |
day or temporary laborer in accordance with the
Illinois Wage |
Payment
and Collection Act. Vouchers or any other method of |
payment which is not generally negotiable shall be prohibited |
as a method of payment of wages. Day and temporary labor |
service agencies that
make daily wage
payments shall provide |
written notification to all day or temporary
laborers of the |
right to
request weekly, bi-weekly, or semi-monthly checks. |
The day and temporary
labor service agency may
provide this |
notice by conspicuously posting the notice at the location
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where the wages are received by the day or temporary laborers.
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(d) No day and temporary labor service agency shall charge |
any
day or temporary laborer for
cashing a check issued by the |
agency for wages earned by a
day or temporary laborer who
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performed work through that agency. No day and temporary labor |
service agency or third party client shall charge any day or |
temporary laborer for the expense of conducting any consumer |
report, as that term is defined in the Fair Credit Reporting |
Act, 15 U.S.C. 1681a(d), any criminal background check of any |
kind, or any drug test of any kind.
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(e) Day or temporary laborers shall be paid no less than |
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the
wage rate stated in the
notice as provided in Section 10 of |
this Act for all the work performed on
behalf of the third |
party client in addition to the work listed in the
written |
description.
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(f) The total amount deducted for meals, equipment, and |
transportation may not cause a day or temporary laborer's |
hourly wage to fall below the State or federal minimum wage. |
However, a day and temporary labor service agency may deduct |
the actual market value of reusable equipment provided to the |
day or temporary laborer by the day and temporary labor |
service agency which the day or temporary laborer fails to |
return, if the day or temporary laborer provides a written |
authorization for such deduction at the time the deduction is |
made. |
(g) A day or temporary laborer who is contracted by a day |
and temporary labor service agency to work at a third party |
client's worksite but is not utilized by the third party |
client shall be paid by the day and temporary labor service |
agency for a minimum of 4 hours of pay at the agreed upon rate |
of pay. However, in the event the day and temporary labor |
service agency contracts the day or temporary laborer to work |
at another location during the same shift, the day or |
temporary laborer shall be paid by the day and temporary labor |
service agency for a minimum of 2 hours of pay at the agreed |
upon rate of pay.
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(h) A third party client is required to pay wages and |
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related payroll taxes to a licensed day and temporary labor |
service agency for services performed by the day or temporary |
laborer for the third party client according to payment terms |
outlined on invoices, service agreements, or stated terms |
provided by the day and temporary labor service agency. A |
third party client who fails to comply with this subsection |
(h) is subject to the penalties provided in Section 70 of this |
Act. The Department shall review a complaint filed by a |
licensed day and temporary labor agency. The Department shall |
review the payroll and accounting records of the day and |
temporary labor service agency and the third party client for |
the period in which the violation of this Act is alleged to |
have occurred to determine if wages and payroll taxes have |
been paid to the agency and that the day or temporary laborer |
has been paid the wages owed him or her. |
(Source: P.A. 100-517, eff. 6-1-18 .)
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(820 ILCS 175/42 new) |
Sec. 42. Equal pay for equal work. A day or temporary |
laborer who is assigned to work at a third party client for |
more than 90 calendar days shall be paid not less than the rate |
of pay and equivalent benefits as the lowest paid directly |
hired employee of the third party client with the same level of |
seniority at the company and performing the same or |
substantially similar work on jobs the performance of which |
requires substantially similar skill, effort, and |
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responsibility, and that are performed under similar working |
conditions. If there is not a directly hired comparative |
employee of the third party client, the day or temporary |
laborer shall be paid not less than the rate of pay and |
equivalent benefits of the lowest paid direct hired employee |
of the company with the closest level of seniority at the |
company. A day and temporary labor service agency may pay the |
hourly cash equivalent of the actual cost benefits in lieu of |
benefits required under this Section. Upon request, a third |
party client to which a day or temporary laborer has been |
assigned for more than 90 calendar days shall be obligated to |
timely provide the day and temporary labor service agency with |
all necessary information related to job duties, pay, and |
benefits of directly hired employees necessary for the day and |
temporary labor service agency to comply with this Section. |
The failure by a third party client to provide any of the |
information required under this Section shall constitute a |
notice violation by the third party client under Section 95. |
For purposes of this Section, the day and temporary labor |
service agency shall be considered a person aggrieved as |
described in Section 95.
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(820 ILCS 175/45)
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Sec. 45. Registration; Department of Labor. |
(a) A day and temporary
labor service
agency which is |
located, operates or transacts business within this State |
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shall register with the Department of Labor in accordance with |
rules
adopted by the Department for day and temporary labor |
service
agencies and shall be subject to this Act and any rules |
adopted under this Act. Each day and temporary labor service |
agency shall provide proof of an employer account number |
issued by the Department of Employment Security for the |
payment of unemployment insurance contributions as required |
under the Unemployment Insurance Act, and proof of valid |
workers' compensation insurance in effect at the time of |
registration covering all of its employees. If, at any time, a |
day and temporary labor service agency's workers' compensation |
insurance coverage lapses, the agency shall have an |
affirmative duty to report the lapse of such coverage to the |
Department and the agency's registration shall be suspended |
until the agency's workers' compensation insurance is |
reinstated. The Department may assess each day and temporary |
labor service agency a non-refundable
registration fee
not |
exceeding $3,000 $1,000 per year per agency and a |
non-refundable fee not to exceed $750 $250 for each branch |
office or other location where the agency regularly contracts |
with day or temporary laborers for services. The fee may be |
paid by check, money order, or the State Treasurer's E-Pay |
program or any successor program,
and the Department may not |
refuse to accept a check on the basis that it is
not a |
certified check or a cashier's check. The Department may |
charge an
additional fee to be paid by a day and temporary |
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labor service agency if the agency, or any person on the
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agency's behalf, issues or delivers a check to the Department |
that is not
honored by the financial institution upon which it |
is drawn. The Department
shall also adopt rules
for violation
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hearings and penalties for violations of this Act or the |
Department's rules
in conjunction with the penalties set forth |
in this Act. |
(a-1) At the time of registration with the Department of |
Labor each year, the day and temporary labor service agency |
shall submit to the Department of Labor a report containing |
the information identified in paragraph (9) of subsection (a) |
of Section 12, broken down by branch office, in the aggregate |
for all day or temporary laborers assigned within Illinois and |
subject to this Act during the preceding year. This |
information shall be submitted on a form created by the |
Department of Labor. The Department of Labor shall aggregate |
the information submitted by all registering day and temporary |
labor service agencies by removing identifying data and shall |
have the information available to the public only on a |
municipal and county basis. As used in this paragraph, |
"identifying data" means any and all information that: (i) |
provides specific information on individual worker identity; |
(ii) identifies the service agency in any manner; and (iii) |
identifies clients utilizing the day and temporary labor |
service agency or any other information that can be traced |
back to any specific registering day and temporary labor |
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service agency or its client. The information and reports |
submitted to the Department of Labor under this subsection by |
the registering day and temporary labor service agencies are |
exempt from inspection and copying under Section 7.5 of the |
Freedom of Information Act. |
(b) It is a violation of this Act to operate a day and |
temporary labor service agency without first registering with |
the Department in accordance with subsection (a) of this |
Section. The Department shall create and maintain at regular |
intervals on its website, accessible to the public: (1) a list |
of all registered day and temporary labor service agencies in |
the State whose registration is in good standing; (2) a list of |
day and temporary labor service agencies in the State whose |
registration has been suspended, including the reason for the |
suspension, the date the suspension was initiated, and the |
date, if known, the suspension is to be lifted; and (3) a list |
of day and temporary labor service agencies in the State whose |
registration has been revoked, including the reason for the |
revocation and the date the registration was revoked. The |
Department has the authority to assess a penalty against any |
day and temporary labor service agency that fails to register |
with the Department of Labor in accordance with this Act or any |
rules adopted under this Act of $500 for each violation. Each |
day during which a day and temporary labor service agency |
operates without registering with the Department shall be a |
separate and distinct violation of this Act. |
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(c) An applicant is not eligible to register to operate a |
day and temporary labor service agency under this Act if the |
applicant or any of its officers, directors, partners, or |
managers or any owner of 25% or greater beneficial interest: |
(1) has been involved, as owner, officer, director, |
partner, or manager, of any day and temporary labor |
service agency whose registration has been revoked or has |
been suspended without being reinstated within the 5 years |
immediately preceding the filing of the application; or |
(2) is under the age of 18. |
(d) Every agency shall post and keep posted at each |
location, in a position easily accessible to all employees, |
notices as supplied and required by the Department containing |
a copy or summary of the provisions of the Act and
a notice |
which informs
the public of a toll-free telephone number for |
day or temporary laborers
and the public to
file wage dispute |
complaints and other alleged violations by
day and temporary |
labor service
agencies. Such notices shall be in English or |
any other language generally understood in the locale of the |
day and temporary labor service agency.
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(Source: P.A. 100-517, eff. 6-1-18 .)
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(820 ILCS 175/50)
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Sec. 50. Violations. The Department shall have the |
authority
to deny, suspend, or
revoke the registration of a |
day and temporary labor service
agency if warranted by public
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health and safety concerns or violations of this Act. The |
Attorney General, pursuant to its authority under Section 6.3 |
of the Attorney General Act, may request that a circuit court |
suspend or revoke the registration of a day and temporary |
labor service agency when warranted by public health concern |
or violations of this Act. The Attorney General shall provide |
notice to the Director prior to requesting the suspension or |
revocation of the registration of a day and temporary labor |
service agency.
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(Source: P.A. 94-511, eff. 1-1-06.)
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(820 ILCS 175/55)
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Sec. 55. Enforcement by the Department . |
It shall be the duty of the Department to enforce
the
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provisions
of this Act. The Department shall have the power to |
conduct investigations in
connection with
the administration |
and enforcement of this Act and any investigator with the
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Department shall be
authorized to visit and inspect, at all |
reasonable times, any places covered by
this Act and shall be |
authorized to inspect, at all reasonable times,
contracts for |
the employment of all day or temporary laborers entered into |
by
a third party client if the Department has received a
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complaint indicating that the third party client may have |
contracted with a
day and
temporary labor service agency that |
is not registered under this Act.
The
Department shall conduct |
hearings in accordance with the Illinois
Administrative |
|
Procedure Act
upon written complaint by an investigator of the |
Department or any
interested
person of a violation of the Act. |
After the hearing, if supported by the
evidence, the
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Department may (i) issue and cause to be served on any party an |
order to cease
and desist
from further violation of the Act, |
(ii) take affirmative or other action as
deemed reasonable
to |
eliminate the effect of the violation, (iii) deny, suspend, or |
revoke any
registration under
this Act, and (iv) determine the |
amount of any civil penalty allowed by the
Act. The Director of
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Labor or his or her representative may compel, by subpoena, |
the attendance and
testimony of
witnesses and the production |
of books, payrolls, records, papers, and other
evidence in any
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investigation or hearing and may administer oaths to |
witnesses. Nothing in
this Act applies to labor or employment |
of a clerical or professional nature.
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(Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
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(820 ILCS 175/67 new) |
Sec. 67. Action for civil penalties brought by an |
interested party. |
(a) Upon a reasonable belief that a day and temporary |
labor service agency or a third party client covered by this |
Act is in violation of any part of this Act, an interested |
party may initiate a civil action in the county where the |
alleged offenses occurred or where any party to the action |
resides, asserting that a violation of the Act has occurred, |
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pursuant to the following sequence of events: |
(1) The interested party submits to the Department of |
Labor a complaint describing the violation and naming the |
day or temporary labor service agency or third party |
client alleged to have violated this Act. |
(2) The Department sends notice of complaint to the |
named parties alleged to have violated this Act and the |
interested party. The named parties may either contest the |
alleged violation or cure the alleged violation. |
(3) The named parties contest or cure the alleged |
violation within 30 days after the receipt of the notice |
of complaint or, if the named party does not respond |
within 30 days, the Department issues a notice of right to |
sue to the interested party as described in paragraph (4). |
(4) The Department issues a notice of right to sue to |
the interested party, if one or more of the following has |
occurred: |
(i) the named party has cured the alleged |
violation to the satisfaction of the Director; |
(ii) the Director has determined that the |
allegation is unjustified or that the Department does |
not have jurisdiction over the matter or the parties; |
oder |
(iii) the Director has determined that the |
allegation is justified or has not made a |
determination, and either has decided not to exercise |
|
jurisdiction over the matter or has concluded |
administrative enforcement of the matter. |
(b) If within 180 days after service of the notice of |
complaint to the parties, the Department has not (i) resolved |
the contest and cure period, (ii) with the mutual agreement of |
the parties, extended the time for the named party to cure the |
violation and resolve the complaint, or (iii) issued a right |
to sue letter, the interested party may initiate a civil |
action for penalties. The parties may extend the 180-day |
period by mutual agreement. The limitations period for the |
interested party to bring an action for the alleged violation |
of the Act shall be tolled for the 180-day period and for the |
period of any mutually agreed extensions. At the end of the |
180-day period, or any mutually agreed extensions, the |
Department shall issue a right to sue letter to the interested |
party. |
(c) Any claim or action filed under this Section must be |
made within 3 years of the alleged conduct resulting in the |
complaint plus any period for which the limitations period has |
been tolled. |
(d) In an action brought pursuant to this Section, an |
interested party may recover against the covered entity any |
statutory penalties set forth in Section 70 and injunctive |
relief. An interested party who prevails in a civil action |
shall receive 10% of any statutory penalties assessed, plus |
any attorneys' fees and expenses in bringing the action. The |
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remaining 90% of any statutory penalties assessed shall be |
deposited into the Child Labor and Day and Temporary Labor |
Services Enforcement Fund and shall be used exclusively for |
the purposes set forth in Section 17.3 of the Child Labor Law.
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(820 ILCS 175/70)
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Sec. 70. Penalties. |
(a) A day and temporary labor service agency or third |
party client that
violates any
of the provisions of this Act or |
any rule adopted under this Act shall be subject to a civil |
penalty of not less than $100 and
not more than $18,000 to |
exceed $6,000 for
violations found in the first audit by the
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Department or determined by a court in a civil action brought |
by an interested party, or determined by a court in a civil |
action brought by the Attorney General pursuant to its |
authority under Section 6.3 of the Attorney General Act . |
Following a first audit or civil action , a day and temporary |
labor service agency or third party client shall be subject to |
a civil penalty of not less than $250 and not more than $7,500 |
to
exceed $2,500 for each repeat violation found
by the |
Department or circuit court within 3 years. For purposes of |
this subsection, each violation of this Act for each day or |
temporary laborer and for each day the violation continues |
shall constitute a separate and distinct violation.
In |
determining the amount of a penalty, the Director or circuit |
court shall
consider the appropriateness of the penalty to the
|
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day and temporary labor service agency or third party client |
charged, upon the determination of the
gravity of the |
violations. For any violation determined by the Department oder |
circuit court to be willful which is within 3 years of an |
earlier violation, the Department may revoke the registration |
of the violator, if the violator is a day and temporary labor |
service agency. The
amount of the penalty, when finally |
determined, may be:
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(1) Recovered in a civil action brought by the |
Director of Labor in any
circuit court. In this |
litigation, the Director of Labor shall be represented
by |
the Attorney General.
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(2) Ordered by the court, in an action brought by any |
party , including the Attorney General pursuant to its |
authority under Section 6.3 of the Attorney General Act, |
for a
violation under this Act,
to
be paid to the Director |
of Labor.
|
(b) The Department shall adopt rules for violation |
hearings and penalties for violations of this Act or the |
Department's rules in conjunction with the penalties set forth |
in this Act.
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Any administrative determination by the Department as to |
the amount of each
penalty shall be final unless reviewed as |
provided in Section 60 of this Act.
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(Source: P.A. 96-1185, eff. 7-22-10.)
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(820 ILCS 175/85)
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Sec. 85. Third party clients. |
(a) It is a violation of this Act for a third party client |
to enter into a contract for the employment of
day or temporary |
laborers with any day and temporary labor service agency
not |
registered under Section 45 of this Act.
A third party client |
has a duty to verify a day and temporary labor service agency's |
status with the Department before entering into a contract |
with such an agency, and on March 1 and September 1 of each |
year. A day and temporary labor service agency shall be |
required to provide each of its third party clients with proof |
of valid registration issued by the Department at the time of |
entering into a contract. A day and temporary labor service |
agency shall be required to notify, both by telephone and in |
writing, each day or temporary laborer it employs and each |
third party client with whom it has a contract within 24 hours |
of any denial, suspension, or revocation of its registration |
by the Department. All contracts between any day and temporary |
labor service agency and any third party client shall be |
considered null and void from the date any such denial, |
suspension, or revocation of registration becomes effective |
and until such time as the day and temporary labor service |
agency becomes registered and considered in good standing by |
the Department as provided in Section 50 and Section 55. Upon |
request, the Department shall provide to a third party client |
a list
of entities registered as day and temporary labor |
|
service agencies. The
Department shall
provide on the Internet |
a list of entities registered as day and temporary
labor |
service agencies. A third party client may rely on information |
provided by the Department or maintained on the Department's |
website pursuant to Section 45 of this Act and shall be held |
harmless if such information maintained or provided by the |
Department was inaccurate. Any third party client that |
violates this provision of the Act is subject to a civil |
penalty of not less than $100 and not to exceed $1,500 $500 . |
Each day during which a third party client contracts with a day |
and temporary labor service agency not registered under |
Section 45 of this Act shall constitute a separate and |
distinct offense.
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(b) If a third party client leases or contracts with a day |
and temporary service agency for the services of a day or |
temporary laborer, the third party client shall share all |
legal responsibility and liability for the payment of wages |
under the Illinois Wage Payment and Collection Act and the |
Minimum Wage Law.
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(c) Before the assignment of an employee to a worksite |
employer, a day and temporary labor service agency must: |
(1) inquire about the client company's safety and |
health practices and hazards at the actual workplace where |
the day or temporary laborer will be working to assess the |
safety conditions, workers tasks, and the client company's |
safety program; these activities are required at the start |
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of any contract to place day or temporary laborers and may |
include visiting the client company's actual worksite. If, |
during the inquiry or anytime during the period of the |
contract, the day and temporary labor service agency |
becomes aware of existing job hazards that are not |
mitigated by the client company, the day and temporary |
labor service agency must make the client company aware, |
urge the client company to correct it, and document these |
efforts, otherwise the day and temporary labor service |
agency must remove the day or temporary laborers from the |
client company's worksite; |
(2) provide training to the day or temporary laborer |
for general awareness safety training for recognized |
industry hazards the day or temporary laborer may |
encounter at the client company's worksite. Industry |
hazard training must be completed, in the preferred |
language of the day or temporary laborer, and must be |
provided at no expense to the day or temporary laborer. |
The training date and training content must be maintained |
by the day and temporary staffing agency and provided to |
the day or temporary laborer; |
(3) transmit a general description of the training |
program including topics covered to the client company, |
whether electronically or on paper, at the start of the |
contract with the client company; |
(4) provide the Department's hotline number for the |
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employee to call to report safety hazards and concerns as |
part of the employment materials provided to the day or |
temporary laborer; and |
(5) inform the day or temporary laborer who the day or |
temporary laborer should report safety concerns to at the |
workplace. |
Nothing in this Section shall diminish any existing client |
company or a day and temporary labor service agency's |
responsibility as an employer to provide a place of employment |
free from recognized hazards or to otherwise comply with other |
health and safety or employment laws. The client company and |
the day and temporary labor service agency are responsible for |
compliance with this Section and the rules adopted under this |
Section. |
(d) Before the day or temporary laborer engages in work |
for a client company, the client company must: |
(1) document and inform the day and temporary labor |
service agency about anticipated job hazards likely |
encountered by the day or temporary laborer; |
(2) review the safety and health awareness training |
provided by the day and temporary labor service agency to |
determine if it addresses recognized hazards for the |
client company's industry; |
(3) provide specific training tailored to the |
particular hazards at the client company's worksite; and |
(4) document and maintain records of site-specific |
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training and provide confirmation that the training |
occurred to the day and temporary labor service agency |
within 3 business days of providing the training. |
(e) If the client company changes the job tasks or work |
location and new hazards may be encountered, the client |
company must: |
(1) inform both the day and temporary labor service |
agency and the day or temporary laborer; and |
(2) inform both the day and temporary labor service |
agency staffing agency and the day or temporary laborer of |
job hazards not previously covered before the day or |
temporary laborer undertakes the new tasks and update |
personal protective equipment and training for the new job |
tasks, if necessary. |
(f) A day and temporary labor service agency or day or |
temporary laborer may refuse a new job task at the worksite |
when the task has not been reviewed or if the day or temporary |
laborer has not had appropriate training to do the new task. |
(g) A client company that supervises a day or temporary |
laborer must provide worksite specific training to the day or |
temporary laborer and must allow a day and temporary labor |
service agency to visit any worksite where the day or |
temporary laborer works or will be working to observe and |
confirm the client company's training and information related |
to the worksite's job tasks, safety and health practices, and |
hazards. |