Dear Missouri trucker,

There is some rotten stuff going on in Jefferson City – and it affects you.

Lawmakers are hard at work drafting legislation to overhaul the state’s workers’ compensation program. Without doubt some changes are needed, but apparently there are a few people that see this as an opportunity to enrich themselves at the expense of others in trucking.

Two separate bills, Senate Bill 130 and Senate Bill 34, are specifically focused on trucking. Both bills say that owner-operators are exempt from the state’s workers’ compensation laws. If you’re scratching your head thinking that owner-operators in Missouri have always been exempt from workers’ comp requirements, you are absolutely correct. In Missouri, legitimate owner-operators who own and operate their equipment have always been exempt.

So what’s with these bills? Lawmakers are trying to expand the exemption from workers’ comp to include drivers that lease equipment they have no ownership interest in.

Pushing this change is a large carrier based in southwest Missouri. The big push comes primarily because this carrier has been in violation of Missouri workers’ comp law for years! Not only would this change in state law increase the inequitable relationship between carriers and drivers, but it would also forgive years of violations that continue to this very day!

I called this “outrageous” in my correspondence with the Senate subcommittee now considering the legislation. You should, too.

***Attached is a copy of my letter for your review.

Call members of the Senate Small Business, Insurance and Industrial Relations Committee. Tell them that real owner-operators are already exempt from workers’ comp and the provisions of SB130 and SB34 should be rejected completely.

Make the calls right away. This legislation is scheduled to be finalized at the Senate hearing that takes place tomorrow (Wednesday) afternoon.

And just in case you think your involvement isn’t really needed, you should know something else. Those on the top rung of the ladder will spare no expense in making sure drivers stay on the bottom. The carrier behind this legislation has retained the services of John Hancock, one of the most influential political operatives in the state to lobby lawmakers in Jeff City. Their message will be heard.

Our voice needs to be louder. Lawmakers need to hear from you!

Members of the Subcommittee:

Senator Matt Bartle – 573-751-1464; 573-751-8442 (fax)
Senator John W. Cauthorn – 573-751-6858; 573-751-6900 (fax)
Senator Dan Clemens – 573-751-4008; 573-751-4096 (fax)
Senator Rita Heard Days – 573-751-4106; 573-751-0467 (fax)
Senator Patrick Dougherty – 573-751-3599; 573-751-0266 (fax)
Senator David G. Klindt – 573-751-1415; 573-751-8342 (fax)
Senator John William Loudon – 573-751-9763; 573-522-3379 (fax)
Senator Delbert L. Scott – 573-751-8793; 573-526-8793 (fax)
Senator Stephen M. Stoll – 573-751-1492; 573-526-0560 (fax)
Senator Carl M. Vogel – 573-751-2076; 573-751-2582 (fax)

***Letter sent to subcommittee members by OOIDA:

Dear Senator,

The purpose of this communication is to urge you to reject the provisions of SB130 from being included in the Senate substitute for SB1.

The problem that SB130 is claimed to fix doesn’t exist.

Current Missouri law already holds that owner-operator truckers are exempt from workers’ compensation requirements when there is a legitimate ownership interest in equipment. By watering down this law, you undermine the growth and health of small business and entrepreneurship in Missouri while prompting lawsuits and greater demands on state social welfare programs including Medicaid.

The provisions of SB130 will open wide the door to sham leases designed to circumvent state laws for worker protections.

The provisions of SB130 will leave a substantial number of drivers without any workers’ compensation coverage.

• The average truck driver supports his family on $35,000 per year. If motor carriers are no longer required to provide coverage for these drivers and the drivers are forced to purchase their own coverage, many will not, because they simply cannot afford it. Without coverage, Missouri’s Medicaid program will incur the drivers’ medical costs leaving Missouri citizens to pick up the tab for an injured driver’s medical treatment.
• Without workers’ compensation coverage, the driver and her family have no lost wage income for the time period that she cannot work because of her injury. This will likely lead to additional increased burden on the state’s other social services.
• SB 130 enables motor carriers to circumvent their obligations to their employees, thereby causing drivers to be deprived of workers’ compensation coverage, and ultimately leaving Missouri citizens stuck with all the costs associated with the driver’s injury.

The provision also increases the opportunity for costly litigation.

• Workers’ compensation is a bargain between employee and employer whereby an employee gives up her right to sue the employer in exchange for the employer’s provision of workers’ compensation insurance. If an employee is not provided with the benefit of workers’
• Motor carriers will be exposed to far more litigation by injured employees who are not covered by workers’ compensation. This imposes a tremendous burden on motor carriers and has significant negative financial implications.

The provisions of SB130 mentioned thus far in this communication are by themselves an outrage on Missouri and on the workers affected, but the biggest outrage of all is the concluding provision of SB130 calling for a “remedial and curative” effect of this legislation! Are proponents of this legislation seriously suggesting that Missouri lawmakers simply look the other way at years of willful and knowing non-compliance with state law? To forgive in this instance is to reward scofflaws to the serious detriment of this state and its citizens. This outrage should be soundly rejected!

Senator, on behalf of the 6,100 small business truckers OOIDA represents in Missouri, I hope I can count on your support in dropping the provisions in SB130 from any further consideration by the legislature. I will be more than happy to discuss this issue further with you over the phone or in person at your earliest convenience.

Sincere regards,

Todd Spencer
Executive Vice President