Work / life cross over question

[KneeBeard]

I have obtained my 107 and ITC Level 1 Thermography Certification on my own hoping that my full time position would need those skill sets in the future. Well, the future is here and I have a question or two and I’d appreciate some advice from the forum.

My FT job is asking me to take some images for use in various applications. In order to fly professionally the state of MN requires a lot of fees and paperwork to be filled out and filed in advance.

I see three aspects of this puzzle and don’t know how to untangle them: insurance (costs and who is covered), fees (what would I charge and how would it affect my FT position) and licensing (FAA and MN).

My initial question is this – is it better to foot the bills myself and set up an independent contractor (IC) relationship with my current FT employer when it comes to aerial photography, or have them pay the fees, do the paperwork, and risk some sort of non-compete should I be released down the road? If they hold the paperwork I assume it would prevent me from flying projects on my own. Or is there something else I have not thought of yet?

I have a meeting set up Tuesday to start the discussion with my immediate manager who is a level headed engineer and whom I trust.

Thank you for your time and insights in advance.

 

[PatR]

As you will be compensated as part of your normal employment the best course of action would be to let your employer bear the costs of permits and insurance. They will end up owning the rights to the delivered product anyway.

As long as you are performing the work as an hourly or salaried employee of the company they own all the legal liability while you are on the job, regardless of what you are doing as long as it’s being done in the course if your employment. I don’t know if it’s even possible to act as an independent contractor for a company while your status as a regular employee is being maintained.

 

[KneeBeard]

Thank you, PatR!

 

[PatR]

You’re most welcome.

Of course, during your discussion meeting, you will offer to assist their permit and insurance process efforts as much as they require or need. Doing that provides you the opportunity to learn what’s involved, obtain cost breakdowns, and gain some experience while getting paid for those efforts.

Beats the dickens out of having to learn all that on your own time for free[emoji6]

 

[Nitz]

I have obtained my 107 and ITC Level 1 Thermography Certification on my own hoping that my full time position would need those skill sets in the future. Well, the future is here and I have a question or two and I’d appreciate some advice from the forum.

My FT job is asking me to take some images for use in various applications. In order to fly professionally the state of MN requires a lot of fees and paperwork to be filled out and filed in advance.

I see three aspects of this puzzle and don’t know how to untangle them: insurance (costs and who is covered), fees (what would I charge and how would it affect my FT position) and licensing (FAA and MN).

My initial question is this – is it better to foot the bills myself and set up an independent contractor (IC) relationship with my current FT employer when it comes to aerial photography, or have them pay the fees, do the paperwork, and risk some sort of non-compete should I be released down the road? If they hold the paperwork I assume it would prevent me from flying projects on my own. Or is there something else I have not thought of yet?

I have a meeting set up Tuesday to start the discussion with my immediate manager who is a level headed engineer and whom I trust.

Thank you for your time and insights in advance.

I agree with @PatR.
If you are working as an employee during the flight, then the company would need to purchase insurance. Otherwise, in the event of something unfortunate (drone malfunctions into a company vehicle) you're not put in a situation where you're both fighting the insurance company and your company.

Now, if your company wants to avoid that liability and hire your company (new LLC you'll form). Then yes, you will need to pay for all of that. Let the company know that you'll be rolling those costs into your hourly rate other administrative overhead. Ultimately, explain that you see this as a valuable service for the company to invest the money now and own everything (data, equipment, etc.) then to go down the headache of contracts, scheduling, invoicing, etc. etc.

In regards to projects on your own, yes you're SOL. You would need to get another insurance policy if you're flying for another company - almost like using Company A's truck to deliver packages for Company B after hours. Legal nightmare!

My suggestion: Sell the benefits of why your company needs UAS services then explain why you're the perfect person to do it! - No additional training, you know the business, etc. etc.

On a side note: MN law is seems very weird in how they are regulating UAS. It's a quick way to slow progress in rapidly expanding industry. Unfortunately, I see the potential for only a few large companies being able to offer external UAS contract work and the little guys will get bogged down with paperwork to compete.

 

[PatR]

You just hit on corporate aerospace’s plan. Create a regulatory environment so complex that navigating it requires multiple departments staffed with many people to bid on and execute projects. Build training and safety programs into the regulations that require even more people to process. Then toss in requirements to demonstrate continuous process improvement.

The cost of such requirements is exorbitant and the only outfits that can staff to those levels are the outfits large enough to already have that many people, and afford hiring many more.

 

[KneeBeard]

Thank you. This thread is very helpful. I’m glad I asked.