|MSDS and safety supplies||Search ALL our MSDS info|
|Title: 02/14/1990 - Application of the Hazard Communication Standard (HCS) to Independent beauty salon Contractors|
|Record Type: Interpretation||Standard Number: 1910.1200|
February 14, 1990
MEMORANDUM FOR: BYRON R. CHADWICK, REGIONAL ADMINISTRATOR
THROUGH: LEO CAREY, DIRECTOR, OFFICE OF FIELD PROGRAMS
FROM: PATRICIA K. CLARK, DIRECTOR DESIGNATE, DIRECTORATE OF COMPLIANCE PROGRAMS
SUBJECT: Application of the Hazard Communication Standard (HCS) to Independent Contractors
This is in response for your memo of November 14, 1988, (copy attached) requesting an interpretation of the applicability of OSHA standards at booth rental salons. We have received the following interpretation from the National Solicitor's office; please accept my apology for the long delay in this response.
To determine whether the HCS applies in the situation you describe, it is necessary to determine whether any of the individuals in the workplace are employers or employees under the OSH Act and the HCS. Neither the Act nor the HCS regulate relationships between independent contractors. Simply labeling operators or other workers as independent contractors or using a contractual agreement does not automatically transform those individuals into independent contractors or relieve a salon operator from responsibility as an employer. Instead, the compliance officer must examine the actual economic relationship between the individuals to determine if there is an employer/employee relationship.|
To determine whether the HCS applies, a compliance officer must make two basic determinations. First, the officer should determine whether any of the entities engaged in the salon business are functioning as employers or employees under the OSH Act. There is no single criterion that may be used in making this determination. Instead, the compliance officer should use the criteria normally applied by the Review Commission and courts under the OSH Act to determine whether an employer/employee relationship exists. These criteria include the following:
Workplaces with 11 or more employees have to comply with OSHA 300 work-related injury reporting requirements. Get your compliance materials at Safety Emporium.
After the compliance officer has determined that an employer/employee relationship exists, a determination on the applicability of the HCS should be performed. As in all other work situations, the HCS applies if an employer is engaged in a business where chemicals are either used, distributed or produced and if an employee may be exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies.|
In some situations, a beauty salon might qualify as a multi-employer workplace under the HCS. For example, each operator could act as an employer and hire an employee to shampoo and perform other work. The compliance officer would have to determine whether each operator and shampooist had an employer/employee relationship under the OSH Act criteria listed earlier. Then the compliance officer would have to determine if the HCS applied (does the operator use, distribute of produce chemicals in the business and is the shampooist actually or potentially exposed to hazardous chemicals). If more than one operator is an employer under the OSH Act and the HCS, then, the multi-employer worksite provision applies.
I hope this information is useful to you. Again, I apologize for the long delay in this response. If you have any further questions on this issue, please feel free to contact Melody Sands of my staff at (FTS) 523-8036.
Get your MSDS binders, posters, signs and more at Safety Emporium.
November 14, 1988
MEMORANDUM FOR: THOMAS J. SHEPICH, Director, Directorate of Compliance Program
THROUGH: LEO CAREY, Director Office of Field Programs
ATTENTION: HARRY BORCHLET
FROM: BYRON R. CHADWICK, Regional Administrator
SUBJECT: 1. Application of OSHA Standards/Haz-Comm. to Booth Rental Salons.
2. Definition of Multi-Employer Worksite.
This situation involves the following conditions:
Salon owners have learned that Booth Rental Salons do not have to comply with OSHA standards. Supposedly operators of these salons are called independent contractors, not employees.
The cosmetologists in these salons work with identical chemicals in identical surroundings in identical atmospheres. These independent contractors are performing work and are exposed to hazardous materials.
Although, provisions of the Written Hazard Communication Program (e)(2)(1), which requires employers at multi-employer worksites to provide other employers with MSDS has been disapproved by OMD and cannot, until further notice be enforced, it is of great importance to define multi-employer worksites for the HCS program, as well as for applicable OSHA standards.
The Finishing Touch
2690 28th Street
Boulder, CO 80301
November 1, 1988
OSHA Region VIII
Federal Building Room 1554
1961 Stout Street
Denver, CO 80294
This letter is in regard to the recently enacted "Right to Know" regulations for cosmetologists. I have the following Questions:
I believe this Hazardous Communication Standard is very important to our industry where the health of the cosmetologist is concerned. I also believe that Booth Rental/Independent Contractor status is simply a tax evasion tactic, and in no way should influence the safety intent of OSHA.|
Your prompt attention to these matters is greatly appreciated. I intend to organize education on this subject and there are hundreds of owners awaiting your reply.
Ensure OSHA compliance with training materials and supplies from Safety Emporium.
The official, public domain, OSHA version of this document is available at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=19927&p_text_version=FALSE