Temp Employees

[GrusInc]

Our company is a national staffing company that provides the temporary staffing of skilled tradesmen to the construction industry. This includes journeyman and apprentice electricians. Recently it has come to our attention that in some states, in order to send licensed electricians to an electrical contractor, the staffing company itself must be a licensed electrical contractor. I have begun searching the rules and statutes of each state to find out which states have similar restrictions, but I have not been very successful. Can anyone tell me the best way to find this information?

 

[LEO2854]

Our company is a national staffing company that provides the temporary staffing of skilled tradesmen to the construction industry. This includes journeyman and apprentice electricians. Recently it has come to our attention that in some states, in order to send licensed electricians to an electrical contractor, the staffing company itself must be a licensed electrical contractor. I have begun searching the rules and statutes of each state to find out which states have similar restrictions, but I have not been very successful. Can anyone tell me the best way to find this information?

Click on this link..http://www.mikeholt.com/statelicense.php


You should call each states electrical board they should tell you what you need.


Welcome to the forum....

 

[Sierrasparky]

Our company is a national staffing company that provides the temporary staffing of skilled tradesmen to the construction industry. This includes journeyman and apprentice electricians. Recently it has come to our attention that in some states, in order to send licensed electricians to an electrical contractor, the staffing company itself must be a licensed electrical contractor. I have begun searching the rules and statutes of each state to find out which states have similar restrictions, but I have not been very successful. Can anyone tell me the best way to find this information?

I can't see why. If you are just a staffing agency and each worker holds his own credentials. Your workers comp company insures these workers as electricians. Then what's the frikin problem. You are doing a service to the industry. Keeping the workers busy when a otherwise Electrical contractor cannot.



Now is that regulatory gone amuck!
:?

 

[paul]

If all you are doing is dispatching, then I cannot see an issue. It's sounds as though you are doing nothing different than any IBEW dispatcher. I am not 100% positive, but I don't believe they are considered electrical contractors.

 

[petersonra]

If all you are doing is dispatching, then I cannot see an issue. It's sounds as though you are doing nothing different than any IBEW dispatcher. I am not 100% positive, but I don't believe they are considered electrical contractors.

the difference is the IBEW is not the employer. presumably the temp service is the actual employer of the people in question.

my guess is that most places there is no provision to allow employees of companies that are not EC to provide electrical work. it probably was just not considered when the rules were written.

 

[GoldDigger]

If nothing else, the rules for reporting and supervision are probably worded in ways that do not accommodate a sourcing-only employer.
They would then have to be rewritten too.
The language of those rules will vary from state to state and may be OK already in some states.

 

[don_resqcapt19]

I think there could be lots of issues with things like training and the OSHA rules. If the temp agency is paying the worker, they would have to provide the required training and they would be responsible for OSHA violations at the work site.
If they just refer people to the contractor and the contractor directly pays the work, those issues as well as the license issue would go away, but it would be difficult for the temp agency to get their cut that way.

 

[Sierrasparky]

I think there could be lots of issues with things like training and the OSHA rules. If the temp agency is paying the worker, they would have to provide the required training and they would be responsible for OSHA violations at the work site.
If they just refer people to the contractor and the contractor directly pays the work, those issues as well as the license issue would go away, but it would be difficult for the temp agency to get their cut that way.

You and whoever has this issue is over thinking things. The temp agency is just that. The EC is the person responsible as he is directing the workers. The temp agency is only responsible for workers comp and payroll ultimately the EC is responsible for any temp worker if the temp agency fails.

 

[don_resqcapt19]

You and whoever has this issue is over thinking things. The temp agency is just that. The EC is the person responsible as he is directing the workers. The temp agency is only responsible for workers comp and payroll ultimately the EC is responsible for any temp worker if the temp agency fails.

The company that directly pays the worker is the employer and responsible for everything any other employer is responsible for.

 

[Sierrasparky]

The company that directly pays the worker is the employer and responsible for everything any other employer is responsible for.

Think about it this way.
Who is directing the worker?
Who is responsible for the workers actions?
who is responsible for the workers supervision?

If you for one minute think the employment agency is you have some news comming to you. There would be no temp agencies.

 

[don_resqcapt19]

Think about it this way.
Who is directing the worker?
Who is responsible for the workers actions?
who is responsible for the workers supervision?

If you for one minute think the employment agency is you have some news comming to you. There would be no temp agencies.

I think that if there is a problem the temp agency will be in just as much trouble as the EC.
Here is what OSHA says:

Both host employers and staffing agencies have roles in complying with workplace health and safety requirements and they share responsibility for ensuring worker safety and health.
A key concept is that each employer should consider the hazards it is in a position to prevent and correct, and in a position to comply with OSHA standards. For example: staffing agencies might provide general safety and health training, and host employers provide specific training tailored to the particular workplace equipment/hazards.

• The key is communication between the agency and the host to ensure that the necessary protections are provided.
• Staffing agencies have a duty to inquire into the conditions of their workers' assigned workplaces. They must ensure that they are sending workers to a safe workplace.
• Ignorance of hazards is not an excuse.
• Staffing agencies need not become experts on specific workplace hazards, but they should determine what conditions exist at their client (host) agencies, what hazards may be encountered, and how best to ensure protection for the temporary workers.
• The staffing agency has the duty to inquire and verify that the host has fulfilled its responsibilities for a safe workplace.

 

[Sierrasparky]

I think that if there is a problem the temp agency will be in just as much trouble as the EC.
Here is what OSHA says:

I suppose .Look at one of the bullet points.

• Staffing agencies need not become experts on specific workplace hazards, but they should determine what conditions exist at their client (host) agencies, what hazards may be encountered, and how best to ensure protection for the temporary workers.

However the temp agencies I work with make a strong attempt to insure that the EC is a responsible contractor. Has a safety plan and regular safety meetings. The agency demands proper compliance , has specific wording in their contract with you.
And yes since the temp agency carries the work comp , it is them that will pay. However the could collect some money from the EC if the EC was neglegent.