Full question:
Would my wife and I be considered self employed by OSHA (under the U.S. Department of Labor) if we entered into a partnership formed under a Member Managed LLC business structure?
- Category: Employment
- Subcategory: Independent Contractor
- Date:
- State: National
Answer:
The Occupational Health and Safety Act of 1970 (OSHA) applies to all employers and employees, with some exceptions, including truly self-employed individuals. OSHA requires employers to provide a safe workplace and comply with health standards. Specifically, OSHA defines:
- Commerce: Trade, traffic, or communication among states or between a state and other areas.
- Person: Individuals, partnerships, corporations, or organized groups.
- Employer: A person engaged in business affecting commerce who has employees, excluding the U.S. government and its subdivisions.
- Employee: An individual working for an employer in a business affecting commerce.
According to the OSHA Area Office in Montana, a limited liability company (LLC) is considered a business entity and falls under OSHA's jurisdiction. Therefore, individuals working for the LLC would be classified as employees of that LLC. While the LLC must adhere to OSHA requirements, there are partial exemptions for employers with ten or fewer employees and for specific low-hazard industries. However, all employers must report any workplace incidents that result in a fatality or the hospitalization of three or more employees.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.