Richard,
Just a little bit of information for you to consider.
"OSHA uses a set of criteria/questions to determine if workers are contract workers or employees. An employer simply stating that an employee is a contract worker or having an employee sign a statement that they are a contract worker may not necessarily be sufficient. Contract workers should be aware that they are responsible for all taxes (i.e., payroll, social security, etc.) which stems from their employment. Realize also as a contractor or sub-contractor you are the employer and employee for that company.
Also, OSHA has a multi-employer worksite policy (1999 - 12/10/1999 - CPL 02-00-124 [CPL 2-0.124] - Multi-Employer Citation Policy; which holds every contractor accountable for safety at a worksite. Responsibilities exist for:
The Creating Employer: The employer that caused a hazardous condition that violates an OSHA standard.
The Exposing Employer: An employer whose own employees are exposed to the hazard.
The Correcting Employer: An employer who is engaged in a common undertaking, on the same worksite, as the exposing employer and is responsible for correcting a hazard. This usually occurs where an employer is given the responsibility of installing and/or maintaining particular safety/health equipment or devices.
The Controlling Employer: An employer who has general supervisory authority over the worksite, including the power to correct safety and health violations itself or require others to correct them. Control can be established by the exercise of control in practice.
There are numerous criteria used by compliance officers to establish the employer and employee relationship. Every employee being considered a sub-contractor would undergo intense scrutiny as this would be a highly unusual situation. Various factors require that this evaluation be done on a case-by-case basis."
As for the "mobile platform", I will have to look for this as I do not remember exactly where this is covered. I may have provided a link in the other thread mentioned. I will look for it.
Again, I have seen MANY bottles transported horizontaly and it has been my experiance that in general, they will not bust your nuts as long as, as you mention, caps on and secured properly. However, if and when there is an accident things change quickly and heads start to roll.
BTW, it sounds like Tracy is a pretty good guy to deal with, you should feel blessed to have that.
jrw159