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Public Act 103-0437 Public Act 0437 103RD GENERAL ASSEMBLY |
Public Act 103-0437 | HB2862 Enrolled | LRB103 03414 AMQ 48420 b |
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| 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 |
| 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.)
| Section 99. Effective date. This Act takes effect July 1, | 2023. |
Effective Date: 8/4/2023
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