b'(continued from page 10)The New OSHA Top 10 List and Other OSHA site) The worker also markets his/her services andReminders abilities to multiple other clients in order to obtain work from them and he/she is free to do so in spite of their working relationship with you. Also, it isOSHA has a New Top 10 List, and five of the top ten helpful if the individual has the flexibility to set his/ are in the construction industry. Of these 5, number or her own work schedule.one is for fall protection under OSHA Standard 5Fifth, what is the extent to which the work1926.501 which requires an employer to provide fall performed is an integral part of your business?protection to all employees working more than 6 feet Consider this example: Suppose you are a roofingabove the level below them. There was a total of 7121 contractor who requires several additional employeesviolations of this standard in 2023. Number 3 on the to complete a large-scale roofing project you havelist concerns the use of ladders and construction under obtained; or you are in the practice of obtaining29 CFR 1926.1053; item number 4 relates to the use of residential roofing jobs and then bringing inscaffolds and construction under OSHA standard individuals to complete the roof and wish to consider1926.451; number 8 is fall protection training and them independent contractors. Because installing aconstruction under OSHA standard 1926.503; and new roof is an integral part of your business as anumber 9 on the list is for the failure to provide eye roofing contractor, either of these example situationsand face protection. For employees of construction, would work against you in considering thethis item was cited under OSHA standard 1926.102. individuals you hire or retain as independent contractors. Because all 6 of these points will beMaximum OSHA fines for serious violations have considered and weighted together, I feel that whilebeen increased to $16,131 from $15,625 and maximum this one item is just one of 6, because of its nature, itfines for willful and repeat violations have been could work against you being able to claimincreased to one and $161,323 from $156,259. independent contractor status, even if the other 5 components are viewed more favorably to you. 6. Sixth, what is the workers skill and As a reminder, you must have your OSHA 300 log initiative? A good example here would be a highly posted in the workplace starting on Thursday, skilled welder who provides welding services for February 2nd. If you had between 20 and 250 your company. The welder does not make any employees working for you in 2023, you must independent judgment at the jobsite beyond decisions electronically file your OSHA 300 log by March 2nd. necessary to do the work you have assigned. He/she Employers who had 100 or more employees working does not determine the sequence of the work, order for them in 2023 must electronically file their OSHA additional materials, think about bidding his/her next 300 log and OSHA 301 forms by March 2nd. The job or use his/her skills to obtain additional jobs. number that triggers a filing responsibility in either of Finally, they are told what work to perform and these areas is determined by the total number of W-2 where to do it. Under this scenario even though the forms issued by the employer in the preceding year. If welder is highly skilled, he/she would be considered you have not implemented the OSHA 301, you will an employee under this example. have to electronically file your own accident report forms. I advise against this because many companies specific accident report forms contain much more In the explanation to this new rule, DOL implies thatinformation (some of that very detrimental) than is if it appears that you have an employer/employeefound on the OSHA 301 form. The forms that are filed relationship with your Independent Contractor aswill appear on the OSHA website, which is open to the to just one or two of these tests the DOL maypublic. Names of employees will be redacted from the consider the Independent Contractor to be anmaterial posted. employee and not a contractor. The important point to remember here is that under this new rule the DOL will control the outcome of the test and yourFinally, on December 11th, OSHA announced a switch remedy will be to appeal its decision. So, you need tofrom traditional hardhats to safety helmets in order to have as many points as possible showing that yourbetter protect their employees from head injuries. This Independent Contractor is just that.rule was originally for employees of OSHA, but it is now OSHAs recommendation to all employers. 12'