*Re: Nov 14, OSHA final rule, employer-pad personal protective equipment

[Guest guest]

I'm pretty sure that what matters is who controls the time, place and

manner of working.

The tendancy is towards considering more people as employees because

many employers try to use various methods to get out of paying

workmans comp. etc. They try to avoid the risk exposure, but still

make the profits, that employers make. (in other words, have their

cake and eat it too.)

[Guest guest]

Quack, I think you have it backwards.

I find it has been the general contractor who absolutely control the

time, place and manner of working. While he has most of his men on

the books as subcontractors so he can avoid FICA and tax withholdings

he does maintain something of a WC policy so if anyone is seriously

injured a WC claim can be filed. As the WC policy is an audited

policy with an extimated premium collected at the beginning of the

term the tendency is to estimate low and then fake the audit at the

end of the term. This is a common practice with roofers, carpenters

and general remodelers. These contractors will be changing their

insurance carriers every three or four years thus skimming money

from " cheap insurance " and not paying FICA.

Ken

>

> I'm pretty sure that what matters is who controls the time, place

and

> manner of working.

>

> The tendancy is towards considering more people as employees because

> many employers try to use various methods to get out of paying

> workmans comp. etc. They try to avoid the risk exposure, but still

> make the profits, that employers make. (in other words, have their

> cake and eat it too.)

>