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Dead Worker Ruled an Employee in Osha Ruling

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Old May 10, 2013 | 11:42 AM
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Dead Worker Ruled an Employee in Osha Ruling

Ok, so this person got caught paying their employees in cash to avoid workers' compensation and other taxes and one of their employees has died on the job. What's next for this company and its owners? Jail...fine?

http://constructioncitizen.com/blog/...ruling/1305061
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Old May 10, 2013 | 12:37 PM
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This kind of stuff goes on all the time. People are desperate to make a buck on both ends.

It is like taking a chance on hiring an unlicensed contractor. So many people will take that chance to save money, the risk is worth it to them.

If the guy gets hurt on your property, though, watch out, you will lose in court.

As a contractor, she will be done when the IRS steps in for the lost taxes on her employees. The state can also go directly into her accounts for compensation.....

Jail/fines/probation etc will all probably factor in.
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Old May 13, 2013 | 10:32 AM
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She needed to have them sign W9s and contractor agreements when hiring them. This would have protected her some (if she wasn't negligent) although it is a pain in the rear sometimes with the paperwork it is a reality of construction when you go project to project.

You can pay anyone anyway you want as long as you report it if it is over $600. Still need agreements and W9s though.


If she had done this paperwork right she probably needed to herself go after the electrical contractor for negligence; looks like he could have possibly did something wrong here.

Drywall people shouldn't be getting electrocuted unless someone else screwed up along the way.
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Old May 13, 2013 | 11:58 AM
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Also, the one outlet provided at that point of the job should have been GCFI protected. Something for OSHA to ring her up on, or find out if the employees rigged around it.
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Old May 14, 2013 | 05:39 AM
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That happens all the time here, you hire a licensed contractor to do a job, he stops by Home Depot and picks up day workers to do the work and drops them off.
If they get hurt on the job usually nothing happens because they are illegal and afraid of being deported.
Sad but true.
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Old May 15, 2013 | 11:46 AM
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I know the sentiment but that is a bit harsh, I doubt a licensed contractor (hvac, plumbing, electrical) would pick up day laborers at home depot. Just about every licensed contractor I know subs out work though to unlicensed people and they just check over it... Pretty common practice, not every electrician on the job is a Master Electrician.
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Old May 15, 2013 | 12:02 PM
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Originally Posted by SIXSLUG
Also, the one outlet provided at that point of the job should have been GCFI protected. Something for OSHA to ring her up on, or find out if the employees rigged around it.


If the company owner had been honest and helped out osha she probably would have been ok but it looks like she lied about knowing this guy after paying him directly therefore they are falling back on the employer for some reason. Probably because the whole deal got screwed up when she started lying.
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