OSHA rules

[electrofelon]

A question came up recently that I wasn't sure about. As an independent contractor and/or officer of a corporation, I generally dont have to follow OSHA rules, i.e I can work hot, not use fall protection, use a ladder incorrectly, etc. However, can I still get in trouble for potentially exposing others that are not my employees to dangerous conditions? For example, say I leave the cover of a live panel off for a substantial period of time where I am not there working on it, but there are other trades around, or I leave some hot wires uncapped and out in the open. Just an academic question, not seeing what I can get away with

 

[iwire]

I am not sure if you would be subject to OSHA but certainly could be held responsible for the cost of the injuries.

 

[rbalex]

See FedOSHA's policy on mult-employer worksites. It's been around a LONG time. State OSHA's have similar rules. Some are even more draconian.

Edit Add: NFPA 70E also addresses the issue, especially for LOTO.

 

[wtucker]

A question came up recently that I wasn't sure about. As an independent contractor and/or officer of a corporation, I generally dont have to follow OSHA rules, i.e I can work hot, not use fall protection, use a ladder incorrectly, etc. However, can I still get in trouble for potentially exposing others that are not my employees to dangerous conditions? For example, say I leave the cover of a live panel off for a substantial period of time where I am not there working on it, but there are other trades around, or I leave some hot wires uncapped and out in the open. Just an academic question, not seeing what I can get away with

I won't speak for OSHA (you might phone your local OSHA area director), but leaving the cover off a panel to expose anyone (employee or not) will hit your liability insurance and maybe your wallet pretty hard. Worker's Compensation is an "exclusive remedy" for injured employees (they can't sue you beyond WC) and limits the amount payable to them. But for anybody not on your WC policy, your actual and punitive damages are unlimited. OSHA is chump change compared to that.

And, in my state, at least, you might face criminal prosecution for negligent homicide.

 

[tommydh]

I won't speak for OSHA (you might phone your local OSHA area director), but leaving the cover off a panel to expose anyone (employee or not) will hit your liability insurance and maybe your wallet pretty hard. Worker's Compensation is an "exclusive remedy" for injured employees (they can't sue you beyond WC) and limits the amount payable to them. But for anybody not on your WC policy, your actual and punitive damages are unlimited. OSHA is chump change compared to that.

And, in my state, at least, you might face criminal prosecution for negligent homicide.

If Osha were to come across this situation you may get a fine for leaving the cover off unless the area was sectioned off and hazards posted. Agree with the liability factor and possible prosecution I know from personal experience cutting a lock off and causing someone to be electrocuted can end u in Murder 1 or in my case attempted murder 1 since I survived the incident.

 

[mpoulton]

As a sole proprietor or single-owner entity, you are generally not within OSHA's jurisdiction (some state programs may cover you, depending on details). You are not an "employer" or an "employee". However, if you are working as a subcontractor to an OSHA-covered entity on a jobsite, that GC will generally be responsible for your OSHA compliance on their jobsite. They need to handle it contractually by requiring you to comply with OSHA rules in their agreement with you, and backcharging you for fines they may receive for your violations. The situation you describe, however, is more of a tort liability problem than an OSHA compliance problem. If you expose anyone else to a hazard by breaking a rule or standard practice that most of the industry generally complies with, that is almost certainly negligent. If someone is injured you can be sued, and the liability may far exceed whatever fine OSHA could have imposed. Since you are not the victim's employer, you are not protected by the worker's comp rules that often limit employer liability for injuries. Good general liability insurance is a must, and it pays to follow standard safety practices even when they aren't enforceable against you.



Obligatory disclaimer: I am an attorney, but not your attorney, and this is not intended as legal advice to you or for your specific situation. This does not create an attorney-client relationship. This is just public discussion of a general issue.

 

[petersonra]

As I understand it, employees are covered by worker's comp and by OSHA and state OSHA type rules. If you are not an employee you are more or less exempt from following the rules as respects yourself.

However OSHA has rules against you allowing your own actions to put other company's employees at risk.

As someone else mentioned OSHA has nothing to do with whether you incur some liability for the risks you created. You are on the hook for that under normal laws regarding such liability, or at least your insurance company is.

 

[Sierrasparky]

As some others have said it may be up to the local OSHA entity.

This is how it was explained by the State of CA , CALOSHA training persons.

If you are a Sole proprietor and no employees you do not fall under OSHA rules unless there are other people present at the work-site private or Public works.

So if you are at a Single family new or remodel project and the sole person on site OSHA cannot bother you.

However if there are crews from other trades present you cannot create a hazard for others. You cannot have live panels open and unattended, OSHA can come to the site and bust you and as explained can be very costly.

 

[Fulthrotl]

However, can I still get in trouble for potentially exposing others that are not my employees to dangerous conditions?

yes. you as an individual can be found liable by anyone who is damaged
as a result of your actions, in a court of law.
the liability may be civil, criminal, or both.

you may also lose all your cookies and milk, and be grounded for weekends, as well.

 

[electrofelon]

Thanks for all the replies. Yes I have no doubt that I could be legally liable. I was specifically wondering if OSHA could fine me as a sole proprietor.

 

[electrofelon]

you may also lose all your cookies and milk, and be grounded for weekends, as well.

lol....now THAT is an incentive to keep those panel covers on

 

[iwire]

Thanks for all the replies. Yes I have no doubt that I could be legally liable. I was specifically wondering if OSHA could fine me as a sole proprietor.

Maybe you should not have asked, if they think you knew you were in violation it can change things from a $12,000 violation fine to a $125,000 willful violation fine.

We all have $125,000 to give to Uncle Sam right?

 

[wtucker]

Thanks for all the replies. Yes I have no doubt that I could be legally liable. I was specifically wondering if OSHA could fine me as a sole proprietor.

Not unless you have employees.

The law applies to "employers," defined as "a person [or corporation, partnership, etc.] engaged in a business affecting commerce who has employees..."

"The term 'employee' means an employee of an employer who is employed in a business of his employer which affects commerce."

BUT, if you employ what you think are "independent contractors," OSHA will use the Internal Revenue Services rules https://www.irs.gov/businesses/smal...ependent-contractor-self-employed-or-employee to determine whether they're employees or independent contractors. And, if they're employees, OSHA may rat you out to the IRS.

 

[Fulthrotl]

Not unless you have employees.

The law applies to "employers," defined as "a person [or corporation, partnership, etc.] engaged in a business affecting commerce who has employees..."

"The term 'employee' means an employee of an employer who is employed in a business of his employer which affects commerce."

BUT, if you employ what you think are "independent contractors," OSHA will use the Internal Revenue Services rules https://www.irs.gov/businesses/smal...ependent-contractor-self-employed-or-employee to determine whether they're employees or independent contractors. And, if they're employees, OSHA may rat you out to the IRS.

around here, the irs, the ftb, cslb, workers comp, and cal osha all share information.
they don't do it 100%, but they do it often enough to assume it will happen.

for instance, state workers comp, if you have issues, will *immediately* call CSLB, and suspend your license.
irs & ftb exchange information 100% of the times, both ways.
cal osha will report you to cslb immediately for infractions.

and your bonding company will sit quietly there, monitoring all of it.

and the "subcontractor" ploy is used a lot around here.
and the third world "subcontractors" then do the following:

snitch you off. and *you* pay their taxes.

Consequences of Treating an Employee as an Independent ContractorIf you classify an employee as an independent contractor and you have no reasonable basis for doing so, you may be held liable for employment taxes for that worker (the relief provisions, discussed below, will not apply). See Internal Revenue Code section 3509 for more information.

around here, if you are hiring "subcontractors",
understand that they can have their "contracts" reclassified as wages at any time.
and you can pay the taxes on it. at any time.