Licensing vs. Registration Changes made by MA Div. of Occupational Safety

Late last year, the MA Div. of Occupational Safety (DOS) made a procedural change to its form regarding the licensing/registration of employment agencies in Massachusetts.

Because this was a procedural change on a form, there were no public hearings and no input sought (nor had to be by MA General Law) to this change.

In essence, the DOS has, after 40 years, re-interpreted the section on what agencies must license and which must register.  The DOS has decided that even if an agency charges an indirect fee (bill rate is higher than pay rate or a fee is paid for placing the candidate), the agency must license.  This licensing will be more expensive and it will also cost us additionally if we violate the rules of this regulation in higher fees (see last post on Notice of Public Hearing).

MAPS, on your behalf, has been working in conjunction with the MA Staffing Association, the American Staffing Association, the New England chapter of the National Association of Computer Consultant Businesses, and the National Association of Personnel Services to meet with the Commissioner of the DOS and General Counsel of the Department of Labor to explain our position and discuss how this new interpretation does not make sense and is bad for business.

To that end, general counsel from TAC WorldWide (Ken Spigle), and representatives from the ASA (Steve Dwyer and Roger Donahue) have drafted a letter which was sent to DOS on Wednesday (see attached document) and also scheduled a meeting with DOS on Thursday of this week.

I am waiting to hear the results of that meeting and will report back to you when I know more.  In the mean time, please share this information with anyone whom you feel should be aware of this (any agency/recruiter in MA).  Please inform your congressional delegates about what is happening to our industry and make them aware of this change and how it will be harmful to your business.

Regards,

Mark Carlson

President - MA Association of Personnel Services