b'THE OFFICIAL NFBA MAGAZINEwhile this one item is just one of 6, becausethe use of ladders and construction under 29 CFR of its nature, it could work against you being1926.1053; item number 4 relates to the use of able to claim independent contractor status,scaffolds and construction under OSHA standard even if the other 5 components are viewed1926.451; number 8 is fall protection training and more favorably to you. construction under OSHA standard 1926.503; and 6.Sixth, what is the workers skill and initiative?number 9 on the list is for the failure to provide eye A good example here would be a highly skilledand face protection. For employees of construction, welder who provides welding services forthis item was cited under OSHA standard 1926.102.OSHA & SAFETY UPDATEyour company. The welder does not makeMaximum OSHA fines for serious violations any independent judgment at the jobsitehave been increased to $16,131 from $15,625 and beyond decisions necessary to do the workmaximum fines for willful and repeat violations you have assigned. He/she does not determinehave been increased to one and $161,323 from the sequence of the work, order additional$156,259.materials, think about bidding his/her next jobAs a reminder, you must have your OSHA 300 or use his/her skills to obtain additional jobs.log posted in the workplace starting on Thursday, Finally, they are told what work to performFebruary 2nd. If you had between 20 and 250 and where to do it. Under this scenario evenemployees working for you in 2023, you must though the welder is highly skilled, he/sheelectronically file your OSHA 300 log by March would be considered an employee under this2nd. Employers who had 100 or more employees example.working for them in 2023 must electronically file In the explanation to this new rule, DOL impliestheir OSHA 300 log and OSHA 301 forms by March that if it appears that you have an employer/ 2nd. The number that triggers a filing responsibility employee relationship with your Independentin either of these areas is determined by the total Contractor as to just one or two of these tests thenumber of W-2 forms issued by the employer in the DOL may consider the Independent Contractorpreceding year. If you have not implemented the to be an employee and not a contractor. TheOSHA 301, you will have to electronically file your important point to remember here is that underown accident report forms. I advise against this this new rule the DOL will control the outcomebecause many companies specific accident report of the test and your remedy will be to appealforms contain much more information (some of its decision. So, you need to have as many pointsthat very detrimental) than is found on the OSHA as possible showing that your Independent301 form. The forms that are filed will appear on Contractor is just that. the OSHA website, which is open to the public. The New OSHA Top 10 List and OtherNames of employees will be redacted from the OSHA Reminders material posted.Finally, on December 11th, OSHA announced a OSHA has a New Top 10 List, and five of the topswitch from traditional hardhats to safety helmets ten are in the construction industry. Of these 5,in order to better protect their employees from head number one is for fall protection under OSHAinjuries. This rule was originally for employees of Standard 1926.501 which requires an employerOSHA, but it is now OSHAs recommendation to to provide fall protection to all employeesall employers.working more than 6 feet above the level below them. There was a total of 7121 violations of this standard in 2023. Number 3 on the list concerns 36 / FRAME BUILDER - VOL5 1'