b'THE OFFICIAL NFBA MAGAZINEOSHA AND SAFETY UPDATEOSHA & SAFETY UPDATEBy:Gary W. Auman NFBA Legal CounselWhat is an Independent Contractor?W hile there is much to report regardingnot the manner in which the person OSHA and the Department of Labor,they hired completed the project. I want to take some time to cover aClassifying an individual or a small group of people new rule which goes into effect March 11, 2024,as Independent Contractors covers a broad range of regarding the definition of independent contractors.issues from withholding taxes to safety and health on Many companies in the construction industrythe jobsite. Since I freely admit I am not a tax lawyer, frequently retain the services of an individual andIm going to concentrate on health and safety issues.characterize that individual as an independentAs you know, you, as an employer, are responsible contractor. However, the new DOL rule will havefor the health and safety of all employees who work some direct impacts on such a characterization. Forfor you. You may also have some responsibility for the past several years many companies have beenemployees of a true independent contractor under declaring individuals hired to assist on a project orthe multi-employer work site doctrine. Under the to fill labor shortages as independent contractorsnew rule, you will need to consider 6 criteria when believing that they were able to do so as long asmaking an Independent Contractor determination. they only controlled the outcome of the project andThe new rule relies on what is called the totality 34 / FRAME BUILDER - VOL5 1'