Legal Question in Construction Law in California

OSHA and Residential Projects by Owner

Owner acts as employer hiring ''independent'' contractor to work on

residence (which he later sells). We can establish that the worker

is really an employee as the independent contractor law applies.

Employee is injured doing the work. Do OSHA regulations apply to

the Owner. Does the law consider the Owner as an unlicensed

contractor even though he may only build one house at a time, as

an ''Owner''. Is the Owner-Contractor(builder) required to carry

worker's comp insurance.

In particular, the worker fell from a height of about 15 feet installing

a skylight as directed by the Owner-Contractor(builder).

Your answer would be appreciated. Thank you


Asked on 5/28/04, 4:19 pm

2 Answers from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: OSHA and Residential Projects by Owner

Well to put it very simply you bet your a.. you're going to have to jump through more hopes when you can imagine it before you can somewhat his independent contractor status --- come on man you hired him --- so let's take some action for your on actions. Trying to get out of it is not only unfair to the person who was hurt but it sounds like he was a really hurt any you want a get out of any liability. How would you feel if you would just fall in 15 ft. from the ceiling to the floor. Old out of your responsibility and from now on out follow the law. Now that you think you really have some form of defense I'll be happy to schedule a consultation with you if you wish. Just understand that in 30 years of practicing law in the real estate area this kind of question is very difficult to get out of please feel free to call me at 925-945 -- 6000

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Answered on 5/29/04, 8:13 pm
Gary Redenbacher Redenbacher & Brown, LLP

Re: OSHA and Residential Projects by Owner

This is a very complex area of law that has recently been opined upon by the California Supreme Court. You've asked a lot of questions and there really aren't enough facts to give definitive answers to all of them so I'll just give some generalities. For your situation, you'll need to see a lawyer and relate all the specifics of your case.

First, an owner/builder doesn't usually have to be licensed. Whether a homeowner is subject to OSHA regulations is up in the air right now. The Supreme Court recently decided a case (Fernandez) where a homeowner wasn't subject to OSHA regs, but it could be different on the next case. Their exact wording was "Lawson [the homeowner] is not subject to OSHA for noncommercial tree trimming." This leaves open whether a homeowner is subject to OSHA for other tasks. Various statutes suggest that OSHA will be applicable to homeowners. With the Fernandez decision, though, things are uncertain.

Virtually anytime you have an employee, you must have workers compensation. There are a couple of minor exceptions. It is sometimes possible to trigger worker's compensation coverage from a homeowner's policy, but the coverage is narrowly defined. If an employee gets hurt and the employer doesn't have worker's compensation, it can be disastrous both legally and financially.

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Answered on 5/28/04, 5:50 pm


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