As a building owner or property manager in Oregon, you’re responsible for more than just the day-to-day operations of your property. One critical area that requires your attention is the compliance of your janitorial and property service contractors with state laws. At Cleansolution, we’re committed to being your trusted advisor by providing you with essential information that other janitorial companies might not disclose.
Understanding Oregon’s Janitorial Labor Contractor Laws
In Oregon, any business offering janitorial services must:
- Register as a Janitorial Services Contractor with the Oregon Bureau of Labor and Industries (BOLI), as required by the Property Service Worker Protection Act.
Key Points:
Record-Keeping Requirement: Oregon law mandates that you keep a copy of the contractor’s BOLI registration on file. This demonstrates that you’ve performed your due diligence in hiring compliant service providers.
Your Responsibilities Under Oregon Law
1. Verify Contractor Registration with BOLI
- BOLI Registration: Ensure that the contractor is registered with BOLI as a janitorial services provider.
Action Steps:
- Request a Copy: Obtain a copy of the contractor’s BOLI registration certificate.
- Verify Status: Check the validity of their registration on the BOLI website:
- BOLI Registered Contractors: BOLI Licensed Contractor List
2. Maintain Required Records
- Contracts and Agreements: Keep copies of all contracts and service agreements.
- Payroll Records: Be aware that under the Property Service Worker Protection Act, you may be required to maintain certain payroll records to ensure compliance with wage and hour laws.
- Safety Data Sheets: Ensure that safety data sheets for chemicals used on your property are available as required by OSHA regulations.
3. Ensure Compliance with Employment Laws
- Wage and Hour Laws: Verify that the contractor complies with minimum wage, overtime, and other wage and hour regulations.
- Worker Classification: Ensure that workers are properly classified as employees, not misclassified as independent contractors.
- Workers’ Compensation Insurance: Confirm that the contractor provides workers’ compensation coverage for their employees.
The Risks of Non-Compliance
Financial Penalties and Legal Liability
- Fines and Penalties: Non-compliance can result in substantial fines imposed by BOLI, potentially ranging from thousands to tens of thousands of dollars.
- Civil Liability: You could be held jointly liable for unpaid wages, taxes, and benefits if the contractor violates employment laws.
- Reputation Damage: Legal issues can harm your reputation with tenants and the community, affecting occupancy rates and property value.
Increased Risk of Accidents and Injuries
- Safety Risks: Non-compliant contractors may neglect safety protocols, leading to workplace accidents.
- Liability for Injuries: You could be held responsible for injuries to workers or third parties due to negligent hiring practices.
How Some Janitorial Companies Put You at Risk
Operating Without Proper BOLI Registration
- Unregistered Contractors: Some companies operate without the required BOLI registration to cut costs.
- Your Risk: Hiring such contractors exposes you to legal and financial liabilities, including fines and potential lawsuits.
Non-Compliance with Employment Laws
- Wage Theft: Failure to pay workers correctly can lead to claims against you as the property owner or manager.
- Worker Misclassification: Misclassifying employees to avoid taxes and benefits is illegal and can implicate you if you knowingly hire such contractors.
Lack of Insurance
- Uninsured Operations: Contractors without proper insurance leave you exposed to liability for accidents and injuries.
- Verification Needed: Always request proof of insurance and verify its validity before work begins.
What Other Janitorial Companies Won’t Tell You
- They May Lack Proper Registration and Insurance
- Red Flags: Offering unusually low bids or hesitating to provide proof of BOLI registration and insurance.
- Consequences: Potential for uninsured losses, legal liabilities, and fines falling back on you.
- They Might Avoid Discussing Compliance
- Why It Matters: Transparency is crucial for trust and legal protection.
- Our Commitment: Cleansolution is always upfront about our compliance and encourages you to verify our credentials.
Cleansolution: Your Partner in Compliance and Excellence
We prioritize your peace of mind by ensuring full compliance with all Oregon regulations.
- Active BOLI Registration: We are fully registered with BOLI under the Property Service Worker Protection Act. You can verify our credentials online.
- Comprehensive Insurance: We carry full liability and workers’ compensation insurance to protect both our employees and your interests.
- Transparent Record-Keeping: We provide you with all necessary documentation and maintain meticulous records as required by law.
- Ongoing Training: Our team receives regular training to stay updated on safety protocols, employment laws, and industry best practices
Protect Yourself: Steps to Ensure Compliance
- Verify BOLI Registration:
- Request Documentation: Always ask contractors for a copy of their BOLI registration before hiring.
- Online Verification: Use the BOLI website to confirm the validity of their registration.
- Keep on File: Maintain copies of these documents as part of your records.
- Request Proof of Insurance:
- Liability Insurance: Confirm that the contractor carries general liability insurance.
- Workers’ Compensation: Ensure they have workers’ compensation coverage for their employees.
- Maintain Records: Keep these insurance certificates on file.
- Maintain Required Records:
- Contracts and Agreements: Keep all contracts and service agreements on file for the duration required by law.
- Compliance Documentation: Retain any compliance certificates, safety records, and payroll records as required.
- Accessibility: Ensure these records are readily accessible in case of an audit or inspection.
- Stay Informed:
- Understand Your Obligations: Familiarize yourself with Oregon laws related to property services, contractor registration, and labor regulations.
- Regular Updates: Periodically review your contractors’ compliance status, especially before renewing contracts.
- Consult Professionals: Consider consulting with legal or HR professionals to ensure full compliance.
Final Thoughts
Managing a property is complex, but safeguarding yourself against unnecessary risks doesn’t have to be. By taking responsibility for verifying contractor registrations, maintaining required records, and ensuring compliance with state laws, you protect your property, finances, and reputation.
Why Choose Cleansolution?
- Transparency: We provide all necessary documentation upfront and encourage you to keep it on file.
- Compliance: Our adherence to Oregon laws ensures you won’t face unexpected liabilities.
- Partnership: We view our clients as partners and are committed to your success and peace of mind.
- Expertise: With our deep understanding of state regulations, we help you navigate your responsibilities confidently.
Ready to Secure Your Property’s Future?
Contact us today to learn how we can meet your janitorial needs while ensuring full compliance with Oregon laws.
