Pending in-home contractor background check legislation, our Continuous Criminal Monitoring program and new gas work requirements in NYC are all included in this compliance update.
Each quarter, PlusOne Solutions provides a compliance update to keep you abreast of changes and updates in legal developments as well as company news. This information is provided for education only and does not constitute legal advice.
Pending In-Home Contractor Screening Legislation
In early January 2020, the Florida House of Representatives introduced HB-1129 to address the in-home services issue that gave rise to a horrific tragedy in South Florida in 2019. In that case, a woman was beaten and burned in her home following a home delivery from a well-known retailer. At issue was that a sub-contractor of a contractor to the retailer was responsible and the process for vetting that individual was weak, at best. The background screening and notification measures from the retailer have been the focus of this legislation and the family of the woman has taken this cause to a legislative end to try to improve the safety and comfort of individuals accepting delivery in their homes.
Based on the legislation as drafted, PlusOne Solutions can confirm our program already exceeds the screening requirements and as such, compliance should be within reach for most of our Customers. We would like to stress this legislation is considerably less robust than initially thought and at present is focused primarily on home delivery services, specifically loading, transportation or shipment, unloading (whether from the factory, store or other place and terminates within consumer home). It does not include repair, maintenance, installation or other services completed in the home, or those services where the servicing individual does not enter the consumer’s home. The legislation also includes detailed adjudication criteria to determine what criminal records are relevant. Additional requirements exist for retailers and liability insurance industry requirements. The proposed effective date is July 1, 2020, however, it has not yet passed the House and we will continue to monitor its progress.
Definition of Compliance – One Tech or All Techs?
We have recently seen an increase in customers moving to a tech-to-claim approach, which means that any claim filed for payment must have been completed by a screened and authorized technician. Whether information is contained in the dispatch notes or other filings, the need to screen all technicians within a servicing company is growing. Not only does this allow greater flexibility in who can be assigned jobs, but it also increases the opportunity for companies to pick up more work. Companies are reminded that any individual conducting work under contract with Customers, require their individuals to be compliant with the requirements of their program. This may include background screening, insurance, licensing tracking, TIN matching or badging.
We have almost 20,000 techs in Continuous Monitoring, is your network included?
PlusOne Solutions launched a continuous criminal record monitoring service and has seen a keen interest in the offering with over 20,000 individuals being enrolled in the program so far. This service tracks near real-time booking and arrest records for over 85 percent of the U.S. population. Criminal record monitoring is another risk management tool that Customers may want to consider between their current rescreen cycles. It demonstrates due diligence and allows Customers to understand any potential risks that may exist within their network. Each alert is reviewed on a case-by-case basis to ensure the individual continues to meet the compliance requirements of their program.
New Gas Work Requirements in NYC
As of January 1, 2020, the five Buroughs of New York City (NYC) require a Master Plumber License or a Gas Qualification for all gas work as defined in the NYC fuel gas codes. There are two types of Gas Qualifications, Full or Limited. In order to obtain a Full Qualification, you must be under the direct and continuing supervision of a Master Plumber. A Full Qualification does not expire. To obtain a Limited Qualification, you must be under the personal and immediate supervision of a Licensed Plumber or Full Qualification individual. A Limited Qualification expires after five years and is not renewable. Both the Master Plumber License and Gas Qualifications must be obtained through the NYC Department of Buildings (DOB) through DOB NOW. For more information, you can review the entire law changes for Local Law 150.
Contents are provided for information purposes only and should not be construed as legal advice. Users are reminded to seek legal counsel concerning their obligations and use of PlusOne Solutions services.
About PlusOne Solutions
PlusOne Solutions has been an industry leader in the risk management field by specializing in compliance programs that meet the complex challenges of geographically dispersed contractors, vendors, and employee networks. PlusOne Solutions protects companies from possible financial, legal, and reputational risks associated with contractor and vendor relationships while creating safer work environments. To learn more, visit https://plusonesolutio.wpengine.com.
To receive these updates directly in your email inbox, sign up for the newsletter. Questions or comments? We want to hear from you.