b'YOUR TOOLKIT FOR BUILDING EXCELLENCEof the circumstances analysis for making thisprivate individuals and; if the worker also turns determination. While there will be 6 criteriadown work from you or other clients for any considered in making the determination, OSHAreason, this can define your work relationship. or the Department of Labor will look at how theDoes the worker have a sporadic relationship individual or individuals you have employed meetwith you while he/she undertakes projects for those criteria. The following are the 6 criteria: other clients? If this worker takes a project for 1.First, you must look at the opportunity for profityou even though he/she may be too busy but or loss depending on managerial skill for theis able to hire helpers to perform the work individual(s) you hired or retained to performyou want him/her to perform while exercising work on a project. The worker will meet themanagerial control over those helpers, he/she independent contractor test for these criteria ifmay negate the potential negative effect of this he/she or they produce their own advertising,consideration as it affects your company.negotiate their contracts with you and suppliers,4.Fourth, what is the nature and degree of control? decide which jobs they should perform andThe individual you wish to retain maintains when they should perform them, and decidehis/her own website and is contacted by you whether or not they should hire helpers to assistdue to your review of information provided them with the work they are performing for you.on that website. The individual operates on the This managerial skill will be considered to see ifproject you have in mind without direction or it affects their opportunity for proper loss on thesupervision by you. (This means you exercise job. If an individual you hire as an independentno daily control or supervision over the worker contractor who independently chooses his/heror anyone he/she brings to the work site) The assignments, solicits additional work for otherworker also markets his/her services and potential clients, advertises their services, andabilities to multiple other clients in order to tries to reduce their costs and therefore has theobtain work from them and he/she is free to do opportunity for profit or loss by the way theyso in spite of their working relationship with run their business. you. Also, it is helpful if the individual has the 2.Second, you need to consider investments byflexibility to set his/or her own work schedule.the worker(s) in completing the job. Does the5.Fifth, what is the extent to which the work worker purchase his/her own tools, do theyperformed is an integral part of your business? have their own vehicle, their own shop area,Consider this example: Suppose you are or headquarters building? And what, if any,a roofing contractor who requires several other investments do they make to supportadditional employees to complete a large-scale their independent business which are capitalroofing project you have obtained; or you are in in nature. One of the considerations here isthe practice of obtaining residential roofing jobs whether you will permit the worker to do workand then bringing in individuals to complete for other clients and extend their market reachthe roof and wish to consider them independent to other potential clients such as yourself. contractors. Because installing a new roof is 3.Third, what is the degree of performance of thean integral part of your business as a roofing work relationship? If the worker has performedcontractor, either of these example situations services for you over the past several years onwould work against you in considering the different projects, but also markets his/her skillindividuals you hire or retain as independent sets to multiple different potential clients andcontractors. Because all 6 of these points will be considered and weighted together, I feel thatFRAME BUILDER - VOL5 1 / 35'