N.J. Admin. Code § 13:45B-12.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:45B-12.3 - Temporary help service firms' duties when providing transportation to employed individuals

(a) Every temporary help service firm that provides, to individuals it employs, transportation services in any vehicle owned, leased or otherwise under the control of the firm, in order for those individuals to get to or return from the work site, shall comply with the provisions of 48:4-3 et seq., if applicable, and any other statutes or regulations applicable to the vehicle or its use or operation, including those statutes or regulations pertaining to the vehicle operator's license, any insurance and maintenance requirements and the capacity restrictions placed on the vehicle. Every temporary help service firm shall keep on file all documentation necessary to demonstrate compliance with any applicable statute or regulation and a copy of the New Jersey motor vehicle registration, the lease agreement, if applicable, and any other documents evidencing control that contain the make, model and vehicle identification number of the vehicle.

(b) Every temporary help service firm that refers or directs the individuals it employs to use the transportation services of any other provider or providers, or provides no practical alternative to the use of those services, shall obtain and keep on file all necessary documentation to show that each provider of transportation used by the temporary help service firm is in compliance with the requirements of 48:4-3 et seq., if applicable, and any other statutes or regulations applicable to the vehicle or its use or operation, including those statutes or regulations pertaining to the vehicle operator's license, any insurance and maintenance requirements and the capacity restrictions placed on the vehicle. In addition, the temporary help service firm shall retain and keep on file any written contract or other agreement between the temporary help service firm and any provider of transportation pertaining to the transportation of employees.

(c) The requirements in (a) and (b) above shall not apply where there is public transportation available at the times needed to and from the work site or where the firm requires its employees to use their own vehicle or other transportation of their choice for transportation to and from the work site.

(d) A temporary help service firm shall not require an individual it employs to use transportation it provides or transportation provided by another, if the employed individual has other transportation available, including public transportation, to get to or from the work site.

(e) Any temporary help service firm, to which (a) or (b) above applies, shall maintain for each vehicle a daily manifest of the employed individuals being transported to or returning from the work site and the vehicle operators' names and license numbers.

(f) Every temporary help service firm, to which (a) or (b) applies, shall provide to the employed individual a written statement in duplicate, in his or her native language, if the temporary help service firm advertises for employment in that language, to be signed by the employed individual, that indicates that he or she is taking the transportation provided by the temporary help services firm because it is the only means by which the employed individual can get to or return from the work site. A signed copy of the statement shall be retained by the employer.

(g) Every temporary help service firm that provides transportation as set forth in (a) or (b) above shall maintain and make available for inspection by the Division for a period of not less than five years all documentation required by (a), (b), (e) and (f) above.

(h) The Division may randomly audit the records maintained under (g) above.

N.J. Admin. Code § 13:45B-12.3