Public Act 103-0437
HB2862 EnrolledLRB103 03414 AMQ 48420 b HB2862 Enrolled LRB103 03414 AMQ 48420 b
HB2862 Enrolled LRB103 03414 AMQ 48420 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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:
(820 ILCS 175/2)
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
HB2862 Enrolled LRB103 03414 AMQ 48420 b
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.
(Source: P.A. 94-511, eff. 1-1-06.)
(820 ILCS 175/5)
Sec. 5. Definitions. As used in this Act:
"Day or temporary laborer" means a natural person who
contracts for employment with a day and temporary labor
service agency.
"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
clerical nature.
"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.
"Department" means the Department of Labor.
"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.
"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.
(Source: P.A. 94-511, eff. 1-1-06; 95-499, eff. 8-28-07.)
(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
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.
(820 ILCS 175/30)
Sec. 30. Wage Payment and Notice.
(a) At the time of payment of wages, a day and temporary
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
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
issued by the Department.
(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.
(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.
(c) At the request of a day or temporary laborer, a day and
temporary labor service agency shall hold the daily wages of
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
where the wages are received by the day or temporary laborers.
(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
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.
(e) Day or temporary laborers shall be paid no less than
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.
(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.
(h) A third party client is required to pay wages and
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.)
(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
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.
(820 ILCS 175/45)
Sec. 45. Registration; Department of Labor.
(a) A day and temporary labor service agency which is
located, operates or transacts business within this State
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
labor service agency if the agency, or any person on the
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
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
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.
(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.
(Source: P.A. 100-517, eff. 6-1-18.)
(820 ILCS 175/50)
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
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.
(Source: P.A. 94-511, eff. 1-1-06.)
(820 ILCS 175/55)
Sec. 55. Enforcement by the Department.
It shall be the duty of the Department to enforce the
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
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
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
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
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
investigation or hearing and may administer oaths to
witnesses. Nothing in this Act applies to labor or employment
of a clerical or professional nature.
(Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)
(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,
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;
or
(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
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.
(820 ILCS 175/70)
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
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
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 or
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:
(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.
(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.
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.
(Source: P.A. 96-1185, eff. 7-22-10.)
(820 ILCS 175/85)
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.
(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.
(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
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
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
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.
(Source: P.A. 93-441, eff. 1-1-04; 94-511, eff. 1-1-06.)