What Are the Requirements in Montana?
Montana combines workers' compensation mandates, construction contractor registration, at-fault auto rules, and federal workplace safety standards. Here is what most small business owners need to know.
Workers' Compensation (Title 39, Chapter 71, MCA)
- Required for most employers with one or more employees under § 39-71-401, MCA
- Administered by the Montana Department of Labor and Industry (DLI), Employment Relations Division
- Coverage can be obtained in three ways: through the Montana State Fund (a publicly owned, competitive state carrier), through a licensed private insurer, or through approved self-insurance for larger qualifying employers
- Sole proprietors, working partners, and working members of member-managed LLCs are generally exempt from covering themselves, but may elect voluntary coverage
- Independent contractors must hold an Independent Contractor Exemption Certificate (ICEC) issued by the DLI; without an ICEC or their own workers' comp, the hiring party may be deemed the employer
- Construction industry employers must cover all employees working in Montana, including nonresidents, with a Montana-specific policy
- The First Report of Injury must be filed by the employer within 6 days of notification under Montana law
- Uninsured employers can be assessed double the premium they would have paid, with a minimum penalty of $200, and are personally liable for benefits through the Uninsured Employers Fund (UEF)
Construction Contractor Registration (Title 39, Chapter 9, MCA)
- Required for all construction businesses with employees performing work in Montana, regardless of whether the business is a corporation, LLC, partnership, or sole proprietorship
- Administered by the DLI Construction Contractor Registration Unit
- Registration requires proof of Montana workers' compensation coverage and a non-refundable $70 application fee
- Out-of-state contractors can apply for a "Bid Only" registration while pursuing work and must upgrade to an "Employees Only" registration with Montana workers' comp before performing the work
- Solo operators without employees may apply for an Independent Contractor Exemption Certificate (ICEC) instead, which currently carries a $125 fee
- Specialty trades, including electricians and plumbers, are separately licensed through boards within the DLI Business Standards Division and are subject to trade-specific examination and experience requirements
- Local jurisdictions may impose additional permit and contractor licensing requirements on top of state registration
Commercial Auto (MCA § 61-6-103)
- Montana minimum liability limits: $25,000 per person / $50,000 per accident for bodily injury / $20,000 for property damage (often written as 25/50/20)
- Montana is an at-fault (tort) state for auto; personal injury protection (PIP) is not required
- Commercial vehicles, fleets, and vehicles used to transport materials, tools, or passengers for hire typically require higher limits under carrier guidelines and contract language; a $1M combined single limit is common on construction and service contracts
- Vehicles with a GVWR of 10,001 pounds or more operating in interstate commerce fall under federal FMCSA requirements, which are substantially higher than state minimums
- Cross-border operations into Canada require a cross-border endorsement and should meet the liability minimums of the province being entered
- Businesses operating in remote areas or on unpaved forest service roads should verify that policy language covers actual terrain, not just paved public roads
Workplace Safety (Federal OSHA)
- Montana does not operate its own state OSHA plan for private sector employers; federal OSHA has jurisdiction over most private employers in Montana
- Employers are required to maintain a safe workplace, comply with applicable OSHA standards, and post the required OSHA notice
- Construction employers should pay particular attention to fall protection, scaffolding, excavation, and cold-weather safety practices
- Recordkeeping obligations apply to most employers with 10 or more employees
USA Business Insurance
USA Business Insurance helps Montana contractors, retailers, manufacturers, service businesses, and other small business owners compare coverage that fits their operations, contracts, and growth plans. Visit our commercial insurance products page to see what we write, read our business insurance FAQ for more common questions, learn more about us, or read customer reviews.
