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Question Number: 40, 1998 EPCRA 313 Q&A: Contractors; Employee Threshold

40. A manufacturing company that normally employs only four employees hires a construction company to modify its facility. The construction workers are employees of the construction company and worked on-site for several months. Do the hours worked by the construction workers count toward the 10 or more full-time employee threshold (20,000 hours of work)?
Yes. The hours these contract employees worked on-site or off-site for the facility must be counted toward the 20,000-hour threshold (40 CFR Section 372.3). In general, a contract employee is a person working on-site or off-site for the facility under a specific contractual agreement performing specific tasks or services for the facility, except intermittent service vendors.