OSHA

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difowler1

Senior Member
I don't have employee's, but sometimes hire sub contractors. I received a call today from a company selling "OSHA tail gate training" I think they called it. They explained that I should have this training every 7 to 10 days, I guess if I do have a subcontractor hired at the time. I have searched the internet for the OSHA standard on training without much luck. If I asked the company selling the training materials, I guess that I would be required to provide the training to myself for sure.

If I am the only person working, do I need to give myself tailgate training?
 

hurk27

Senior Member
They explained that I should have this training every 7 to 10 days
now if that doesn't sound like a racket I don't know what does, I guess unless you have a very short memory, sounds fishy to me and the tail gate training that just sets it, so do they show up at a job site and sit on their tailgate like it is a class room??? now that sounds certified?

well for all I know it could be legit but I have never heard of such a thing, and if I remember right someone stated on here that if you are a sole proprietor OSHA doesn't apply only if you have workers??? guess we can live as dangerous as we want? usually SUBs are like having a mechanic repair your car its up to them to take their end? I know my insurance doesn't cover any subs unless they are an employee which I cant have under my policy anyways, and was told it is up to the subs to get their own liability insurance which is something I require if I hire someone mostly for concrete work or plumbing in a generator install for the gas line, no handyman specials get hired.

I would look it up on your state web site or Google it?
 

jusme123

Senior Member
Location
NY
Occupation
JW
OSHA applies to the following; Private employers -- non-governmental businesses with at least one employee -- must adhere to OSHA regulations. OSHA regulations do not apply to individuals who are self-employed, family farms not employing outside workers, domestic workers including housekeepers, nannies or elderly caregivers, and public sector employees including local, state and federal employees
 
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hurk27

Senior Member
OSHA applies to the following; Private employers -- non-governmental businesses with at least one employee -- must adhere to OSHA regulations. OSHA regulations do not apply to individuals who are self-employed, family farms not employing outside workers, domestic workers including housekeepers, nannies or elderly caregivers, and public sector employees including local, state and federal employees
Ok that what I saw posted before, so we are exempt as we have no grunts lol
 

difowler1

Senior Member
osha

osha

I guess I should at least attend an osha standards conferance or something so that I would know more about all their standards. I know a painter who was fined what I hear is "the limit", $20,000. He killed himself shortly afterwards.
 

hurk27

Senior Member
I don't have employee's, but sometimes hire sub contractors.?
if these helpers do not have their own company then they are just 1099 employees and can be subject to OSHA and other requirements, (saw your other thread about the shower walls)

You need to go to the www.dol.gov web site and look up the definition of what is considered as an employee, or you could be treading on some dangerous grounds in a few ways including tax's
 

WorkSafe

Senior Member
Location
Moore, OK
OSHA does not require any type of weekly meeting. OSHA requires that before certain tasks are performed, i.e. permit confined space entries, you must hold a meeting. Also remember, OSHA does not "approve" any type of product. You often see companies advertising their product as "OSHA approved." That's just a selling tactic since OSHA cannot approve anything.
 

wtucker

Senior Member
Location
Connecticut
Who is an "employee?"

Who is an "employee?"

OSHA uses the IRS test:

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

Short answer: If you're directly supervising the person, OSHA considers him/her an employee, not an independent contractor, and OSHA's rules must be followed. Same as if you hire out of a hall or a labor service. A true independent contractor is a subcontractor, who controls means and methods, etc., within certain constraints.
 

wtucker

Senior Member
Location
Connecticut
The Limit

The Limit

"The limit" of OSHA fines isn't $20,000. For a willful violation, one in which an employer either demonstrates intentional disgregard of OSHA standards or plain indifference to employee safety or health, the "limit" is $70,000 per violation. If the violation is regarded a "egregious," then there will be separate $70,000 penalties for each employee exposed. Three employees and two "egregious" violations? "The limit" is 3 x $70,000 = $210,000. That's not likely to happen to a small contractor, because they're not trying to put anybody out of business--except maybe those who just don't get it and don't care.
 

wtucker

Senior Member
Location
Connecticut
Math error

Math error

$70,000 x 3 employees x 2 violations = $420,000, not $210,000. But they probably wouldn't hit a small employer that hard.
 

tom baker

First Chief Moderator
Staff member
OSHA applies to the following; Private employers -- non-governmental businesses with at least one employee -- must adhere to OSHA regulations. OSHA regulations do not apply to individuals who are self-employed, family farms not employing outside workers, domestic workers including housekeepers, nannies or elderly caregivers, and public sector employees including local, state and federal employees
OHSA does not apply to states with their own program, such as Washingtons WISHA.
 
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