Committee advances bill exempting unpaid observational participants from workers' compensation

A House committee voted to report Senate Bill 95 "due pass," advancing a measure that would clarify Oklahoma law by exempting employers from being required to carry workers' compensation coverage for unpaid temporary participants performing observational roles.

Representative Archer presented the bill, saying it "clarifies Oklahoma's workers' compensation law by exempting employers from being required to carry workers' compensation coverage for unpaid temporary participants in observational roles." The presenter moved adoption.

The bill drew questions about definitions and remedies. Representative Deck asked for a definition of "temporary employee" and of "observational work," and about the recourse for a student or unpaid participant who is injured while in the role. Archer replied that he would need to "get back to you on a specific definition for observational participants or employees" and indicated the definition may be in "85 S 2." He also said institutions such as schools or higher-education bodies often carry liability coverage and that in some instances requiring employers to carry workers' compensation could "double cover" individuals. Archer said the exemption would cover unpaid adults as well as students: "it would cover any individual ... who is in that unpaid position, regardless of student status or age."

The committee recorded a vote and the chair announced the result as "8 ayes, 2 nays." Snead, Stinson, Moore and Culver were recorded as voting yes; Representatives Deck and Schreiber were recorded voting nay. The chair declared the motion passed and said "The bill will be reported due pass." The committee did not specify further implementing language during the meeting.

The bill will be reported out of committee for further consideration.