Protect Your Business
To stem widespread illegal activities in the janitorial industry and protect your company from legal action, ensure that your contractor meets these requirements:
Written Contract: A contract protects all parties by documenting the agreement and allows clear methods of accountability. It should disclose the contractor’s state tax ID number, workers’ compensation and vehicle liability insurance policy numbers, wage rates, and list of any subcontractors who will provide labor or services.
Verification of Insurance: In addition to requiring written documentation, request a Certificate of Insurance from the contractor’s carrier to ensure adequate coverage of both Workers’ Compensation and Liability.
Responsibility Questionnaire & Interview: There has been a growing trend among government clients to require all bidders to complete a questionnaire that probes information as to their entity, its history and practices. An in-person interview is often underestimated. Evaluating a person’s presentation of their operations may lend insight as to their sophistication and ethics. This assists in evaluating the integrity of prospective contractors.
Labor Compliance Report: When evaluating bids, make the most informed decision. Request a Labor Compliance Report from the MCTF which provides relevant information on the respective contractor as to their employment practices.
Bond: Require a $25,000 bond to cover any delinquent wages accrued by the awarded contractor.
Monitoring: It can be challenging to enforce the law in the janitorial industry which is why many contractors deliberately break it. To protect the client companies’ interest and liability, awarding bodies must consistently monitor contracts with the following:
- Quarterly auditing of payroll records and time sheets
- Unannounced worksite inspections for employee interviews
- Establish a penalty structure for non compliance
- Employer submit copy of Cal/Osha 300 log
- Employer submit copy of injury and illness prevention program
- Anonymous visit to programmatic meetings
- Employer submit copy of HR/personnel manual
- Survey tenants regarding service performance
Collective Bargaining Agreements: It is a historical fact that when a CBA is in place there is a decrease in violation. Furthermore the CBA provides for a process to grieve disputes.
