b'project. The worker will meet the independent contractor test for these criteria if he/she or they produce their own advertising, negotiate their contracts with you and suppliers, decide which jobs they should perform and when they should perform them, and decide whether or not they should hire helpers to assist them with the work they are performing for you. This managerial skill will be OSHA and Safety Updateconsidered to see if it affects their opportunity for proper loss on the job. If an individual you hire as an independent contractor who independently chooses his/her assignments, solicits additional work for other potential clients, advertises their services, and Gary W Aumantries to reduce their costs and therefore has the MICA Legal Counselopportunity for profit or loss by the way they run their business. What is an Independent Contractor?2. Second, you need to consider investments byWhile there is much to report regarding OSHA and thethe worker(s) in completing the job. Does the workerDepartment of Labor, I want to take some time to coverpurchase his/her own tools, do they have their owna new rule which goes into effect March 11, 2024,vehicle, their own shop area, or headquartersregarding the definition of independent contractors.building? And what, if any, other investments doMany companies in the construction industry frequentlythey make to support their independent businessretain the services of an individual and characterize thatwhich are capital in nature. One of the considerationsindividual as an independent contractor. However, thehere is whether you will permit the worker to donew DOL rule will have some direct impacts on such awork for other clients and extend their market reachcharacterization. For the past several years manyto other potential clients such as yourself.companies have been declaring individuals hired to3. Third, what is the degree of performance ofassist on a project or to fill labor shortages asthe work relationship? If the worker has performedindependent contractors believing that they were able toservices for you over the past several years ondo so as long as they only controlled the outcome of thedifferent projects, but also markets his/her skill setsproject and not the manner in which the person theyto multiple different potential clients and privatehired completed the project. Classifying an individualindividuals and; if the worker also turns down workor a small group of people as Independent Contractorsfrom you or other clients for any reason, this cancovers a broad range of issues from withholding taxesdefine your work relationship. Does the worker haveto safety and health on the jobsite. Since I freely admit Ia sporadic relationship with you while he/sheam not a tax lawyer, Im going to concentrate on healthundertakes projects for other clients? If this workerand safety issues.takes a project for you even though he/she may beAs you know, you, as an employer, are responsible fortoo busy but is able to hire helpers to perform thethe health and safety of all employees who work forwork you want him/her to perform while exercisingyou. You may also have some responsibility formanagerial control over those helpers, he/she mayemployees of a true independent contractor under thenegate the potential negative effect of thismulti-employer work site doctrine. Under the new rule,consideration as it affects your company.you will need to consider 6 criteria when making an4. Fourth, what is the nature and degree ofIndependent Contractor determination. The new rulecontrol? The individual you wish to retain maintainsrelies on what is called the totality of thehis/her own website and is contacted by you due tocircumstances analysis for making this determination.your review of information provided on that website.While there will be 6 criteria considered in making theThe individual operates on the project you have indetermination, OSHA or the Department of Labor willmind without direction or supervision by you. (Thislook at how the individual or individuals you havemeans you exercise no daily control or supervisionemployed meet those criteria. The following are the 6over the worker or anyone he/she brings to the workcriteria: 1. First, you must look at the opportunity for profitor loss depending on managerial skill for theindividual(s) you hired or retained to perform work on a(continued to page 12) 10'