Steep Roof, No Fall Protection, and Cash Workers Classified as Contractors
A roofing crew of five is replacing a 7:12 asphalt shingle roof on a two-story house with a 30-foot eave. Two workers are on payroll; three are 'independent contractors' paid cash daily and directed by the owner. There is no fall protection: workers walk the roof, sit on the ridge, and use a ladder to access the eave. The ladder is not tied off and extends only 1 foot above the eave. No one has documented safety training. The owner says OSHA does not apply to small residential crews and that the three cash workers are not employees because they are paid by the day. The homeowner is not home, and the crew has not posted any warning signs or barricades below the roof.
1. What fall protection does OSHA require on this roof, and what ladder and training deficiencies exist?
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OSHA requires fall protection for employees working 6 feet or more above a lower level. On a steep roof with a slope greater than 4:12, the residential construction standard requires guardrails, safety nets, or personal fall arrest systems - not just careful walking. The 30-foot eave makes this a serious hazard. Each worker needs a harness, lanyard, anchor rated for fall arrest, and training. The ladder must extend at least 3 feet above the eave and be tied off. The owner should stop work until a fall protection plan is in place. OSHA applies to private employers regardless of crew size; the 'small residential crew' excuse is not valid.
2. Are the three cash workers employees or independent contractors, and what are the workers' compensation consequences?
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The three cash workers are likely employees under the economic reality test: the owner directs their work, sets the schedule, provides the roof and materials, and pays them daily. Paying by the day does not make them independent contractors. If they are employees, the owner needs workers' compensation coverage and must report wages and payroll taxes. Misclassification can lead to Oklahoma Workers' Compensation Commission penalties, unpaid premiums, and OSHA liability. The two payroll workers should already be covered; the owner should verify the policy covers all roofing employees and obtain certificates.
3. What site controls and documentation should be in place before the crew resumes work?
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The crew also needs training documentation, a competent person for fall protection, and a safe access plan. Barricades or warning signs below the roof are prudent because the homeowner is absent and the public could walk into the fall zone. The contractor should conduct a job hazard analysis, inspect harnesses and ladders, and hold a pre-task meeting. If the owner refuses, the workers should not go on the roof. A registered roofing contractor is also subject to CIB discipline for safety and registration violations. The homeowner should be notified of the safety stop and the revised schedule.