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or the environment; recommend or implement measures to eliminate
or alleviate hazards; specify equipment to protect employees, the
public, or the environment from toxic chemicals or physical
agents; plan and develop a system for monitoring, coordinating,
and collating industrial hygiene data generated by the industrial
hygiene contractor and/or in-house resources; and develop an
industrial hygiene management information system.
Petitioner wrote comprehensive reports for the safety
director, or the senior industrial hygienist, with little
administrative direction. Her completed work was considered
technically authoritative and normally accepted without
significant change. Petitioner was called in to solve a problem.
This factor supports a finding that petitioner was an
independent contractor.
3. Furnishing of Equipment and Facilities
If the worker has a substantial investment in his/her own
tools, equipment, or facilities, he/she may be an independent
contractor. Cf. Breaux & Daigle, Inc. v. United States, 900 F.2d
49, 53 (5th Cir. 1990). If, on the other hand, the worker
performs all work at an office furnished by the
principal/employer, he/she may be an employee.
The State Department provided petitioner with office space,
furniture, telephone, office equipment (including word
processors, computers, typewriters, calculators, copying
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