NEW Sub Contractor Regulations

I believe you are talking about WCB-263. According to MEMIC at the link below:

http://www.memic.com/news/PressRelease.asp?ID=96

PORTLAND -- A new law which takes effect on January 1, 2010 in Maine will presume that all workers on construction sites are employees for purposes of workers' compensation unless they meet a new 12-part test set forth by the law, or operate a piece of equipment weighing over 7,000 pounds.

The form can be found here: http://www.maine.gov/wcb/departments/board.htm

Just enough spike in the construction industry in Maine.

Yep that's what he was talking about...That should finish off the construction industries or drive more of it under the table..Talk about BS...For the record I no longer work construction...

Just another way to encourage the black market. Counter-productive, or what?

It sure is...Soon there will be just a few very large unionized companies doing work...which is the point after all...Wonder what that will do for your little kitchen renovation project ???

Can anyone say "AUDIT"?

Do these clowns have any idea how long this would take for somebody who has been in business for decades?

If more contractors start working under the table, what does that do to revenues from building permits, licensing and taxes?

Is there any limit to the stupidity and short-sightedness from our pols in Augusta?

The even want copies of your 1040 and scedule c...Good God....I can't believe it...MEMIC will now have all your personal infortmation and in BOLD writing they say they are gonna share it with other state and federal agencies...WTF!!!!!!!!!!!!!!!!!!!!

I was a building contractor for a number of years in Maine. I gave up my last employee in 2000 and went it with just my son(s) working with me after that. I was with MEMIC when they started. I figured from the beginning all it was was a handy way for the State to control the construction industry.

I did OK for about 3 years then they sent me a letter saying that I had to attend a MANDATORY safety conference in Westbrook on a weekend and if I failed to attend I would lose my workman's comp and be out of business.

Called them up and told them I had worked in construction in Maine for 30 yrs, part of that as a job supervisor and the latter part as an employer and no one under my supervision ever sustained a serious injury and I thought that I would put my record against that of any "instructors" they would provide to "teach me". Furthermore I told them I had just laid off my last employee and that they should figure up my premium balance and send me a rebate of what I had already paid. Also told them that as long as I lived I would never hire another employee in this state.

I would note that some of the "fall protection" is both unecessary and some is even dangerous. But no one asked me.

They told me I was "overreacting" and didn't need to feel like that. Told them that was exactly how I felt and that I was not going to work for bureaucrats and con artists anymore.

This is just the latest scam to get all the premium money they can.

The law used to be that you had to maintain current insurance certificates of ALL your subs and if you could not show a certificate for a sub you were charged workmans comp premiums on all the money you paid them.

In fairness I have to say there are a lot of contractors that flaunt the law, not that that is a bad thing necessarily but, in effect, they save the workman's comp premium and make that as profit. Its hard to do it right and compete against those who don't. A number of contractors work "for each other" in my former home area and feel this is OK but it's not technically legal.

And one can get in trouble with the IRS and witholding laws also this way. There has been a simple 10 question test around for quite a while that one can use to decide if one is an "employee" or "subcontractor".

I am presonally acquainted with lots of contractors who flaunt this and they will all be shangaied and made to pay one of these days.

Glad I don't work for bureaucrats anymore.

WC

Before I got laid off at Irv's Drywall we had a MEMIC clown come to our shop and give us a demonstration on how to set up staging the right way...He gave a power point show and took us outside and he and one of our laborers procceded to set up some Vangard pipe staging complete with the side rails , ect. ect...After he was done he asked if there were any questions and an older guy who hangs drywall says yea , I got a question..He said go ahead..Now how are we suppose to get a 12 foot sheet of drywall up there ? The MEMIC guy turned red hummed and hawed and said I really don't know..We all laughed and walked out..The guy was an idiot...

Here's the actual form:

http://www.maine.gov/wcb/petitions/wcb-263.pdf

Deleted...Need to look into it more...Damn it's confusing...

Sounds like you need an annual safety inspection too.

Naran said: "Is there any limit to the stupidity and short-sightedness from our pols in Augusta?"

This is a perfect example of a rhetorical question.