Lake Mary, FL, March 27, 2006--There is newly proposed legislation in two states that impacts a company’s liability when dispatching a third-party service provider into someone’s home.
Third-party service providers include carpet and flooring installers appliance repair technicians, computer repair professionals, home delivery drivers and anyone who visits a consumer’s home on contract for a consumer company.
Florida Bill 1424 states that an employer is not found to be negligent resulting from the death, injury or damage to a person caused by an employee if, before hiring the employee, a background check was completed that did not demonstrate the unsuitability of the employee.
Missouri SB557 makes provisions for criminal and sex offense background checks of workers, and holds an employer civilly liable for actions taken by workers if appropriate background checks have not been completed by the employer.
Both add to existing legislation in Georgia, Florida and Texas designed to protect consumers in their homes. Stricter legislation regarding sexual offenders and predators has been enacted in numerous states, and as awareness grows, protective legislation is likely to increase.
“Passing legislation to protect consumers is an essential first step,” comments Craig Reilly, founder of PlusOne Solutions. “Completing background screens is important, but the screening process in and of itself, does not necessarily guarantee protection. Companies need to apply the investigative results consistently and without bias when dispatching a particular service provider who is likely to place the customer at risk. Too many companies are sending known criminals into consumers’ homes everyday.”
“Employers and consumers need to understand the importance of criminal background checks on employees, contractors, and subcontractors hired to work in clients’ homes,” said Lucia Bone, Founder of The Sue Weaver CAUSE, Consumer Awareness of Unsafe Service Employment. Lucia understands all too well the dangers of not knowing whom you allow in your home. Her sister, Sue Weaver, was raped and murdered by a twice-convicted sex offender sent to do service work in her home. Sue trusted the national company she hired, and that trust cost Sue her life. “Convicted felons will continue to make house calls until we stop them.”
When a comprehensive screening solution, including motor vehicle searches, is completed, industry data shows that almost 11% of service providers have something in their background that could potentially place a consumer at risk.
More than three quarters of this group have criminal violations related to motor vehicle use, including multiple DUI’s and suspended or expired driver’s licenses. “In this case, when a company places an employee or a contractor in a position that requires driving, the company becomes liable for negligent hiring lawsuits if there is an incident,” stated Mr. Reilly. The remaining 25% have criminal records that may place consumers or their property at risk, and almost half of the criminal offenses are crimes of sex.
Companies can use consumer reporting agencies to obtain information on the background of in-home service providers. The reporting agencies, however, only report that someone has an “event” in their history. The company then has to make a ruling on whether the “event” should prevent them from dispatching the worker into a consumer’s home. Some rulings, such as a conviction for rape or homicide are very clear. Other decisions can be difficult to interpret. For instance, should a worker with a five-year-old DUI record be prevented from installing carpet in someone’s home? What if it is a computer repair technician charged with possessing an illegal substance while in college? There needs to be an objective, independent third party who can interpret the screening results on a case-by-case basis, in an unbiased and consistent manner.
