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Mysterious OSHA

Members of the the ISP-Wireless discussion list warn that for this government regulator, almost no corporation is too small.

[July 19, 2005]

In the middle of a discussion of tower climbing harnesses on the ISP-Wireless list in June, the discussion shifted to OSHA when CW noted:

"A mountain-climbing harness is not OSHA-compliant."

[BG replied] " Yes, if it's a situation that OSHA regulates, you may need to make sure that the harness meets OSHA requirements. Some mountaineering harnesses, particularly those used for rescue work, do. On the other hand, if it's you climbing your own tower, you can do what you want. Needless to say, you should make sure that you know what you're doing."

[TM warned] "All of our towers are "our own", yet OSHA inspectors fined us $500 for using a mountain climbing harness rather than an OSHA approved harness."

[CS explained] "OSHA can't regulate you if it's you as the business owner climbing your own tower. As soon as an employee or really, a person not involved with owning the business, starts climbing, OSHA gets their say."

[TM wondered] " I'm not sure that is correct. Can anyone confirm this with specific OSHA rules? True that you don't need Worker's Comp insurance if you are the business owner, but OSHA is a completely different entity. I would bet they could still fine you."

[TR responded] "Actually, OSHA only applies for employees. An owner of a company (sole proprietor) is not regulated by, and does not need to conform to OSHA. So he may use any type belt he likes. Same applies for a contracted tower climber. However, the second he sends his employee's up, or the contractor (proprietor) sends up his employee, its all about OSHA. P.S. If you are incorporated, most likely everyone is an employee."

[BG noted] "Exactly. OSHA exists to protect employees."

[CS shot back] "Well, that's debatable. That's its supposed intent. Like most government bureaucracies, it actually exists to protect itself. OSHA tends to wreak havoc more than it does fixing anything. Even OSHA, like the IRS, doesn't understand its own rules."

[BG said] "I have no problem with OSHA setting standards for safety harnesses. It means that I get a better choice of equipment, and it makes it possible to get insurance for my employees. But when I climb for myself (whether to do roofing or do wireless installs) I do have the choice of whether to use OSHA equipment or something which my experience tells me is equally safe and more ergonomic. Putting on eqipment that has OSHA's blessing doesn't magically make you safe."

[CW posted] "Here's a start:

http://www.osha.gov/Publications/osha2056.pdf

discussion of the OSHA penalties (pages 25-28)"

[BG noted] "Note that at the very beginning of the document it says that OSHA does not regulate the self-employed."

[EH replied] "I think that is only partially correct. It also states that an employer must "Comply, in a responsible manner, with standards, rules, and regulations issued under the OSH Act." If you are self-employed, and have no employees, OSHA does not cover you. If you have even 1 employee, you are now an employer, and must follow the rules and regulations."

[DR summarized] "So if your tower climbers are individual subcontractors, they are not governed by OSHA, right? I know when I've been paid as a 1099 subcontractor I had to pay self-employment taxes."

—End