Timber workers who convert trees into lumber, railroad ties, posts, piling, pulp for paper, mine timbers, shingles, etc., make up a large occupational field.

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  The occupational types range from the unskilled laborer to the professional.

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  Most problems arise because those who harvest the trees work under such varied conditions.

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  Harvesting occurs from the time timber workers select the trees for cutting, to the point where the trees pass through the mill and become lumber, ties, posts, etc.

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  The work conditions and arrangements vary with the size of the operation.

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  Small operators usually exert more control over workers than big operators do.

  For example, one who buys or leases large stands of timber and operates a number of mills to process them quite often subcontracts with others to complete certain phases of the operation. However, the person who owns a single sawmill usually hires people to do the work. The employer controls the workers and supervises the whole operation.

Timber workers are employees when:

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  the company assigns workers to each area and instructs the workers on the kind and size of trees to cut;

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  the company lead supervisor periodically inspects the harvested work area and, if not satisfied with the progress, replaces the workers with another crew;

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  the company shifts the crews from one work area to another to accelerate operations. If a worker is ill or not performing satisfactory work, the lead supervisor may replace the worker;

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  they are assigned specific areas to harvest, and they do not have the right to work in other areas;

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  they choose their own work hours, but must finish each work area within a certain time; or

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  they receive pay on a piecework basis or by the cord, and the company will generally not pay for products that do not meet specifications.

Timber workers are independent contractors when they:

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  bargain for "package" jobs, which they complete by their own methods (subject to production specifications required by the contracting company);

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  determine their work hours and pay rates, and control the helpers' work conditions;

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  hold themselves out to the public as a contractor, and sometimes hold several logging contracts at the same time;

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  are free to hire and direct others to do the work and are responsible for expenses incurred to fulfill the contract;

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  receive timber rights to tracts of land and legally bind themselves to remove all or certain parts of the timber within specified times at set prices;

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  are in a position to make a profit or suffer a loss, depending on the management of helpers, the care of the tools and equipment, and the work methods;

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  are paid to obtain a result, which does not necessarily depend on their own personal services; and

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  supply the necessary equipment, and sometimes the tools for the helpers.

As long as the worker produces results that measure up to specifications, there is no desire or legal right to interfere with the worker's methods.

Due to the nature of the work and certain customs in this field, the following factors are neutral:

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  lack of fixed work hours;

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  payment on a piecework basis;

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  ownership of small tools; and

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  requirements that the work product meets specifications.

The principal factors that indicate control are:

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  the worker must perform the services personally;

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  the worker cannot work for others;

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  the employer has a right to speed up, slow down, or end the worker's services at any time;

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  the worker has no opportunity for profit or risk of loss;

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  the worker has no substantial investment or business expenses; and

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  the employer has the right to move the worker from one job to another at any time.