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OSH regulations generally do not apply to self-employed individuals, such as sole proprietors; instead, OSH applies to employers that have employees. The goal of the law is to protect employees from unsafe working conditions while on the job.
Independent contractors usually offer their services to the general public, not just to one person or company. Government auditors will be impressed if you market your services to the public. Here are some ways to do this: Obtain a business card and letterhead.
The contract should state who pays which expenses. The contractor is usually responsible for all expenses including mileage, vehicle maintenance, and other business travel costs; work supplies and tools; licenses, fees, and permits; phone and internet expenses; and payments to employees or subcontractors.
Self-employed workers Individuals who are the sole proprietor and employee of their company are neither regulated by the OSHA Act, nor covered by its worker protections. A business must have at least two employees (one of which can be the employer) to be covered under OSHA.
This agreement should clearly state what tasks the contractor is to perform. The agreement will also include what tasks will be performed and how much the contractor will be paid for his or her work. A contractor agreement can also help demonstrate that the person is truly an independent contractor and not an employee.
What should be included in a Contractor Agreement?Statement of Relationship.Project Description.Payment and Billing Terms.Responsibilities of Each Party.Project Timeline and Deadlines.Termination Conditions.Nondisclosure Terms, and Confidentiality and Non-Compete Clauses.
OSHA literature doesn't typically use the term "independent contractor." It uses "self-employed." There's a pretty simple reason self-employed are exempted from OSHA. OSHA exists to protect workers from unsafe or "unhealthful" conditions that their employer might force them into using economic leverage.
Those not covered by the OSH Act include: self-employed workers, immediate family members of farm employers, and workers whose hazards are regulated by another federal agency (for example, the Mine Safety and Health Administration, the Department of Energy, Federal Aviation Administration, or Coast Guard).
Self-employed workers Individuals who are the sole proprietor and employee of their company are neither regulated by the OSHA Act, nor covered by its worker protections. A business must have at least two employees (one of which can be the employer) to be covered under OSHA.
It seems obvious, but make sure that you include in the contract the contractor's name, physical address, phone number, insurance company and account and license numbers.