Question in law - Admission/Application Essay Example

Admission/Application Essay, Law In this case, it is clear that captain john smith owns and operates a dive boat of which the has not delegated the Occupational Safety and Health Administration (OSHA). Due to this reason, it is lawful that he claims that only Coast Guard can inspect his body. Nevertheless, EPA stipulated three program levels mainly concerned with the safety management. It is true that though the government has not yet delegated the OSHA program, so it cannot claim that the coast Guard can inspect his boat.

The EPA has a mandate to protect the rights of individuals such as good public health and social responsibility with federal environmental statutes. So as to my opinion, the captain should bear in mind that coast Guard is not the only agency responsible for inspecting his ship rather any legitimate agency can perform the inspection process on the ship.In this scenario, the divers play part as independent contractors. They do not perform their job with close or rather due influence from captain smith but they carry out their work according to their skills and expertise.

Therefore, they are not in any case the employers of captain smith. Some other independent contractors in the world include accountants, doctors, and engineers among others (Feing. 2007). In this case, for captain smith to have his good harvest, he made a deal with divers that would share in a certain ratio if they were to go out of his boat. The owner to take 40% and the driver to take 60% was their core deal. Fortunately, the 60% excluded tax meaning that they are operating as independent contractors.

More so, smith pays all the incurred expenses of the boat. These expenses includes food and not for the dive equipment. In this circumstance, the owner of the equipment is providing vital things of their work. Some divers go out with him regularly while others go with him once. Captain Smith has no guaranteed to go out with them on a regular basis nor give them a schedule to work with. This is a clear indication of being independent contractors. In conclusion, the divers meet a criterion of independent contractor.

ReferencesFeing. (2007, October). Employee vs. Independent Contractor: Differences You Need to Know | LegalZoom. Retrieved June 29, 2014, from http://www.legalzoom.com/everyday-law/workplace/employee-vs-independent-contractor-differencesKeenan, D. J., & Riches, S. (2007). Business law. Harlow: Pearson Longman. Marmoll, H. E., & Tax Management Inc. (2010). Employment status: Employee v. independent contractor. Arlington, Va: Tax Management.