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Bill Summary · HB 840

Overview

HB 840 (Ohio, 136th GA) aims to restructure pay, workers’ compensation, and related employment requirements for transportation network company (TNC) drivers (e.g., ride-hailing drivers). The bill enhances protections and status for TNC drivers by explicitly including them as employees for workers’ compensation purposes in certain contexts, and by establishing specific premium, reporting, and regulatory provisions tied to TNC activity.

Main purpose and intent

  • Align pay and benefits for transportation network company drivers with workers’ compensation and broader employer obligations.
  • Create a dedicated framework for how TNC drivers are classified, insured, and paid premiums under Ohio’s workers’ compensation system.
  • Clarify when a transportation network company driver is considered an employee for purposes of the Workers’ Compensation Act, and when they may be treated as an independent contractor.
  • Establish reporting, premium calculation, and regulatory oversight tailored to TNC operations.

Key provisions and changes

  • Definitions and classification:

    • Transportation network company (TNC) drivers are explicitly recognized for purposes of workers’ compensation within the employer-employee framework.
    • Adds specificity to when a TNC driver is engaged in “passenger platform time” or “dispatch platform time.”
    • Retains existing definitions for “employee” and “employer” while clarifying that a TNC driver may be considered an employee during passenger/dispatch platform time.

  • Employee vs. independent contractor criteria:

    • Reiterates and adapts criteria for determining whether a person operating a vehicle for a motor carrier is an employee or independent contractor, with distinct factors (ownership of vehicle, control of means and manner, payment structure, written contract, and costs borne by the driver).

  • Workers’ compensation premiums and coverage:

    • Requires quarterly premium payments for TNC drivers based on measured platform time (hours spent in passenger and dispatch platform time).
    • Sets premium calculation parameters linked to TNC driver activity, with rules to ensure funds are adequate to maintain solvency and cover benefits.

  • Employer reporting and administration:

    • Mandates payroll-like reporting for employers (including TNCs) and authorizes the administrator to require supplemental driver-level data if needed.
    • Establishes records-keeping requirements and penalties for noncompliance.

  • Group and alternative rating concepts:

    • Authorizes group rating plans and alternative premium arrangements, potentially enabling group-based premiums and discounts, including programs to mitigate large first-time claims.

  • Self-insurance and related procedures:

    • Creates a framework for self-insuring employers (including public entities) with criteria, bonds, audits, and oversight to ensure solvency and prompt benefit payments.
    • Requires surety bonds and periodic assessments for self-insuring employers, along with reporting and accountability measures.

Who is affected

  • Transportation network companies (TNCs) and their drivers operating in Ohio.
  • Employers covered by Ohio’s workers’ compensation program, including those that may elect other-states' coverage or group-rated plans.
  • Public and private employers potentially pursuing self-insurance status under the revised framework.
  • The Ohio Bureau of Workers’ Compensation (BWC) and the Industrial Commission, which would administer and enforce the new provisions, reporting, and premium structures.

Procedural and timeline notes

  • The bill proposes immediate amendments to multiple sections of the Revised Code and the creation of several new sections (4925.15 – 4925.28) to govern TNC-related employment and compensation issues.
  • It contemplates quarterly reporting by TNCs and potential rulemaking by the BWC administrator to set payment dates, reporting formats, and penalties.
  • Some provisions reference synchronization with existing rates, classifications, and solvency requirements to maintain a stable state insurance fund.

Note: This summary reflects introduced language and outlines intended framework. Final details would depend on subsequent amendments, committee work, and enacted text.

Compiled from official sources — confirm details with the bill’s official record.

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