Abstract: At approximately 9:00 p.m. on Saturday, April 14, 1994, Employee #1, a detailer for Clint Newell Motors, arrived at Newell Motors. Earlier that day, the sales manager had granted him permission to come in and weld his son's mini-bike after the car lot was closed; the sales manager left shortly after Employee #1 arrived. Employee #1 was using the MIG welder on the mini-bike when he inadvertently ignited flammables that were stored in the area. At 9:40 p.m., he called 911 to report the fire and requested hospitalization. He was taken to the hospital and treated for second- and third-degree burns on the lower part of his ankles. Employee #1 was working on a home project at work, after hours, in a non-employee capacity. He was not working for any form of remuneration from CNM. This supports the conclusion that an employer/employee relationship did not exist at the time of accident. Therefore, OR-OSHA does not have jurisdiction in this case.