Oregon says firms should provide comp coverage for for-hire truckers
The Oregon Workers’ Compensation Division on Monday released a revised industry notice saying motor carriers could be required to carry comp coverage for drivers who own their own trucks.
“If a business is a for-hire motor carrier, and the drivers do not have the right to possess, use and control their trucks for purposes other than providing the trucks to the business, then it may be required to provide workers compensation coverage,” the division’s notice says. “We recommend for-hire motor carriers in this situation discuss coverage needs with an insurance professional.”
The division said the notice was prompted by the March 24 state Supreme Court decision in SAIF Corp. v. Ward, which interpreted the term “furnish” as used in state law that says employers don’t have to carry comp coverage for drivers who own or lease equipment they furnish.
“It is clear from the text of the statute and its legislative history that the exemption requires an ownership or leasehold interest that would permit the lessee to use the equipment in some way other than furnishing, maintaining and operating the equipment for the exclusive use and at the exclusive direction of the lessor,” the court said.
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