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Introduced Version Senate Bill 454 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2018 regular session

Introduced

Senate Bill 454

By Senators Azinger, Arvon, Karnes, Maynard, Rucker, Cline, and Boso

[Introduced February 1, 2018; Referred
to the Committee on Government Organization; and then to the Committee on the Judiciary
]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §23-2-1b, relating to the classification of owner-operators and independent contractors who contract with licensed and registered trucking companies as nonemployees under workers’ compensation law.

Be it enacted by the Legislature of West Virginia:


ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER; EXTRATERRITORIAL COVERAGE.


§23-2-1b. Services provided to a trucking company.

(a) Notwithstanding any provision of this code to the contrary, an owner operator or independent contractor who provides trucking services to a trucking company is not an employee within the meaning of this chapter.

(b) For the purposes of this chapter, the following provisions apply to owner operators, independent contractors, or trucking companies:

(1) An owner operator or independent contractor who leases his or her services and his or her tractor and/or trailer to a trucking company must meet the requirements set forth in the Federal Motor Carrier Safety Administration’s regulations;

(2) An owner operator or independent contractor must provide his or her own tractor and/or trailer and all necessary tools to perform functions satisfactorily to the shippers and consignee of a trucking company;

(3) An owner operator or independent contractor may provide a letter of exemption to the commissioner exempting the owner operator or independent contractor from the requirement that he or she carry a worker’s compensation policy provided the owner operator or independent contractor is a sole proprietor and has no employees. A trucking company who contracts with such an owner operator or independent contractor would be held harmless from any on-the-job injuries to the owner operator or independent contractor;

(4) A trucking company may require under a contract for services with an owner operator or independent contractor that the owner operator or independent contractor carry a personal injury policy. A trucking company may further require that a copy of that policy be provided to the trucking company at each contractual renewal period;

(5) A trucking company may require an owner operator or independent contractor to enter into a lease agreement, a signed copy of which shall be kept at the trucking company’s domiciled office and in the power unit owned by the owner operator or independent contractor;

(6) If a trucking company and an owner operator or independent contractor have entered into a lease agreement under §23-2-1b(b)(5) of the code and that lease agreement meets the requirements set forth in Section 390.21 of the Federal Motor Carrier Safety Administration’s regulations, then the trucking company may require the owner operator or independent contractor to have door signs and assigned unit numbers on its power units;

(7) A trucking company may require under a contract for services with an owner operator or independent contractor that the owner operator or independent contractor abide and work under the trucking company’s policies;

(8) A trucking company may operate its business by utilizing the services of an owner operator or independent contractor and to instruct the owner operator or independent contractor in the method of delivering loads as required by the shippers and consignees;

(9) An owner operator or independent contractor shall pay all expenses so as to maintain his or her status as an owner operator or independent contractor. Expenses included, but are not limited to, fuel, tires, truck and/or trailer maintenance, tolls, taxes, clothing, assessorial tools necessary to perform jobs to the satisfaction of the trucking company, the shipper, or the consignee;

(10) A trucking company may provide to the owner operator or independent contractor preprinted log books until such time as laws related to “e-log” requirements become effective. When laws related to “e-log” requirements become effective, a trucking company may lease to and install “e-log” in an owner operator or independent contractor’s power unit; 

(11) A trucking company may enforce the Federal Motor Carrier Safety Administration’s regulations during the duration of a lease agreement between the trucking company and an owner operator or independent contractor;

(12) An owner operator or independent contractor shall comply with all alcohol and drug testing requirements set forth in the Federal Motor Carrier Safety Administration’s regulations, including Sections 382.405, 382.311, 382.413, 382.303, 382.305, 382.307, 382.211, and 382.209.

(13) No requirement or lease agreement set forth in this subdivision shall be construed to classify an owner operator or independent contractor as an employee within the meaning of this chapter;

(c) As used in this section, “trucking company” means a trucking company that is licensed and registered by the Federal Motor Carrier Safety Administration.

 

NOTE: The purpose of this bill is to classify owner operators and independent contractors who contract with licensed and registered trucking companies as nonemployees under worker’s compensation law.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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