The federal Occupational Safety and Health Act or OSHA (29 U.S.C. §§ 651 to 678) requires employers to keep their workplaces safe and free from recognized hazards that are likely to cause death or serious harm to employees. Employers must also provide safety training to employees, inform them about hazardous chemicals, notify government administrators about serious workplace accidents and keep detailed safety records.
OSHA applies to businesses that affect interstate commerce. The legal definition of interstate commerce is so broad that almost all businesses are covered.
OSHA is enforced by the federal Occupational Safety and Health Administration, or OSHA, a unit of the Department of Labor. OSHA can impose heavy penalties for legal violations and set additional workplace standards.
1. OSHA Coverage of ICs
OSA applies only to employees, not to ICs. OSHA uses the economic reality test to determine if workers are employees or ICs. OSHA has interpreted the test broadly to bring as many people as possible within the coverage of the law, making a lot of people employees who might not be under other tests—such as applicants for employment. (29 C.F.R. 1977.5(b).)
The training and recordkeeping requirements mentioned above don’t apply to ICs. In addition, ICs do not have the legal right to complain to OSHA about safety violations, nor can they refuse to work if such violations persist. However, OSHA regulations requiring employers to notify workers about hazardous chemicals appear to apply to ICs as well as to employees. (29 C.F.R. 1919.1200(c).)
2. Importance of Maintaining a Safe Workplace
Even though OSHA cannot impose penalties against you if you have no employees, it’s important for you to maintain a safe workplace. ICs who perform services at your workplace may be able to sue you for negligence and obtain monetary damages if they are injured because of hazardous or unsafe conditions.