Tennessee Code Annotated

Tenn. Code Ann. § 50-6-901 (2026)

Part definitions

✓ current as of May 2026

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For purposes of this part, unless the context otherwise requires:

(1) "Active and in good standing as reflected in the records of the secretary of state" means a corporation, limited liability company, or partnership that is in existence, registered or authorized to transact business in this state as reflected in the records of the secretary of state; and in the case of a corporation, limited liability company, limited liability partnership, or limited partnership, such entity is in good standing with the Tennessee department of revenue;

(2) "Board" means the state board for licensing contractors;

(3) "Commercial construction project" means any construction project that is not:
- (A) The construction, erection, remodeling, repair, improvement, alteration or demolition of one (1), two (2), three (3) or four (4) family unit residences not exceeding three (3) stories in height or accessory use structures in connection with the residences;
- (B) The construction, erection, remodeling, repair, improvement, alteration or demolition of any building or structure for use and occupancy by the general public which, pursuant to § 62-6-112(f)(2), a small commercial building contractor is authorized to bid on and contract for; or
- (C) Performed by any person, municipality, county, metropolitan government, cooperative, board, commission, district, or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, waste water services, telephone service, telecommunications service, cable service, or internet service or any combination thereof, for sale to consumers in any particular service area;

(4) "Construction project" means the construction, erection, remodeling, repair, improvement, alteration or demolition of a building, structure or other undertaking; provided, that if a general contractor contracts to erect, remodel, repair, improve, alter or demolish multiple buildings, structures or undertakings in one (1) contract, all such buildings, structures or undertakings described in such contract shall constitute one (1) construction project;

(5) "Construction services provider" or "provider" means any person or entity engaged in the construction industry;

(6) "Corporate officer" or "officer of a corporation" means any person who fills an office provided for in the corporate charter or articles of incorporation of a corporation that in the case of a domestic corporation is formed under the laws of this state pursuant to title 48, chapters 11-68, or in the case of a foreign corporation is authorized to transact business in this state pursuant to title 48, chapters 11-68; provided, that a domestic or foreign corporation is active and in good standing as reflected in the records of the secretary of state;

(7) "Direct labor" means the performance of any activity that would be assigned to the contracting group as those classifications are designated by the rate service organization designated by the commissioner of commerce and insurance as provided in § 56-5-120, but does not include:
- (A) Classification code 5604, or any subsequent classification code, for construction executives, supervisors, or foremen that are responsible only for the oversight of laborers; or
- (B) Classification code 5606, or any subsequent classification code, for project managers, construction executives, construction managers and construction superintendents having only administrative or managerial responsibilities for construction projects by exercising operational control indirectly through job supervisors or foremen;

(8) "Engaged in the construction industry" means any person or entity assigned to the contracting group as those classifications are designated by the rate service organization designated by the commissioner of commerce and insurance as provided in § 56-5-120; provided, that where more than one (1) classification applies, the governing classification, as that term is defined by the rate service organization designated by the commissioner of commerce and insurance as provided in § 56-5-120, shall be used to determine whether the person or entity is engaged in the construction industry;

(9) "Family-owned business" means a business entity in which members of the same family of the applicant have an aggregate of at least ninety-five percent (95%) ownership of such business;

(10) "General contractor" means the person or entity responsible to the owner or developer for the supervision or performance of substantially all of the work, labor, and the furnishing of materials in furtherance of the construction, erection, remodeling, repair, improvement, alteration or demolition of a building, structure or other undertaking and who contracts directly with the owner or developer of the building, structure or other undertaking; "general contractor" includes a prime contractor;

(11) "Good standing with the Tennessee department of revenue" means the bureau of workers' compensation has received and verified through electronic confirmation or a certificate of tax clearance issued by the commissioner of revenue that a corporation, limited liability company, limited liability partnership, or limited partnership is current on all fees, taxes, and penalties to the satisfaction of the commissioner;

(12) "Member of a limited liability company" means any member of a limited liability company formed pursuant to title 48, chapters 201-249 that is active and in good standing as reflected in the records of the secretary of state;

(13) "Members of the same family of the applicant" means parents, children, siblings, grandparents, grandchildren, stepparents, stepchildren, stepsiblings, or spouses of such, and includes adoptive relationships;

(14) "Partner" means any person who is a member of an association that is formed by two (2) or more persons to carry on as co-owners of a business or other undertaking for profit and such association is active and in good standing as reflected in the records of the secretary of state;

(15) "Person" means only a natural person and does not include a business entity;

(16) "Registry" means the construction services provider workers' compensation exemption registry established pursuant to this part and maintained by the bureau of workers' compensation; and

(17) "Sole proprietor" means one (1) person who owns a form of business in which that person owns all the assets of such business.

Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.

Acts 2010 , ch. 1149, § 13; 2011 , ch. 422, § 3.

Notes of Decisions

Cited in 11 cases, 2015–2019 · leading case: Jimmy Wayne Helton v. Earl Lawson (Tenn. Ct. App. 2019).

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Jimmy Wayne Helton v. Earl Lawson (Tenn. Ct. App. 2019). · cites it 7× “Tenn. Code Ann. § 50-6-901 (5). -3- Helton asserted that a construction services provider like Lawson would be exempt from compliance with the terms and provisions of the Workers’ Compensation Act if he himself was “building a dwelling or other structure, or performing…”

Bennett, Christopher v. Thermal Corrosion Solutions, 2015 TN WC 115 (Tenn. Ct. Work. Comp. Cl. 2015). · cites it 7× “'' Tenn. Code Ann. § 50-6-901 (5) (2014). While the language of Part 9 neither expands nor changes the definition of "employee" set forth in Tennessee Code Annotated section 50-6-102(11), it requires CSPs who are not on the Exemption Registry, or who are not specifically…”

Wallace, Robert L. v. Mark Conard dba Marcon Builders, 2015 TN WC 120 (Tenn. Ct. Work. Comp. Cl. 2015). · cites it 4× “The applicant must meet the requirements set forth in T.C.A. § 50-6-901 et seq. to be eligible for exemption.”

Davenport. Ted v. Advanced Remodeling & Floor Covering LLC, 2016 TN WC 287 (Tenn. Ct. Work. Comp. Cl. 2016). · cites it 2× “The Court further finds, based upon the UEF investigator's findings, that Advanced Remodeling is a construction services provider as generally defined in Tennessee Code Annotated section 50-6-901(5) and that it failed to secure workers' compensation insurance as required by…”

Bland, Cody v. Mike Chitwood, 2017 TN WC 137 (Tenn. Ct. Work. Comp. Cl. 2017). · cites it 2× “Chitwood is a construction services provider as generally defined in Tennessee Code Annotated section 50-6-901(5) and that he failed to secure workers' compensation insurance or to determine that Mr.”

Holmes, Daryl v. Ellis Watkins d/b/a Watkins Lawn Care, 2017 TN WC 220 (Tenn. Ct. Work. Comp. Cl. 2017). · cites it 2× “See Tenn. Code Ann.§ 50-6-901(5). Therefore, the Tennessee Workers' Compensation Law only required Watkins to have one employee to meet the definition of "employer.”

Murillo, Said Omar Jemenez v. Leonard Sams & Assocs., 2019 TN WC 108 (Tenn. Ct. Work. Comp. Cl. 2019). · cites it 2× “Tenn. Code Ann. § 50-6-902 (a). These individuals or entities are called construction services providers.”

Delgado, Jose v. Pankratz Constr. & Valles Roofing, 2015 TN WC 40 (Tenn. Ct. Work. Comp. Cl. 2015). · cites it 3× “• Pankratz Construction was a "general contractor" as that term is used in T.C.A. § 50-6-901 et seq. at the work site where Mr.”

Velediaz, Ranferi v. Pankratz Constr. & Valles Roofing, 2015 TN WC 41 (Tenn. Ct. Work. Comp. Cl. 2015). · cites it 3× “• Pankratz Construction was a "general contractor" as that tennis used in T.C.A. § 50-6-901 et seq. at the work site where Mr.”

Hutchins, Jr., Thomas v. Rocky Top Coatings, 2015 TN WC 164 (Tenn. Ct. Work. Comp. Cl. 2015). · cites it 2× “Under Tennessee Code Annotated section 50-6-901(5) (2014), a "construction services provider" means any person or entity engaged in the construction industry.”

Armas, Juan v. Lucas Enamorado, 2017 TN WC 158 (Tenn. Ct. Work. Comp. Cl. 2017). “The Act creating the Registry amended the definition of "employee" to exclude "construction services provider[s], as defined in§ 50-6-901," if the construction services provider is listed on the Registry and is "working in the service of the business entity through which the…”

— Tenn. Code Ann. § 50-6-901(5) — 5 cases

Bennett, Christopher v. Thermal Corrosion Solutions, 2015 TN WC 115 (Tenn. Ct. Work. Comp. Cl. 2015). “'' Tenn. Code Ann. § 50-6-901 (5) (2014). While the language of Part 9 neither expands nor changes the definition of "employee" set forth in Tennessee Code Annotated section 50-6-102(11), it requires CSPs who are not on the Exemption Registry, or who are not specifically…”

Davenport. Ted v. Advanced Remodeling & Floor Covering LLC, 2016 TN WC 287 (Tenn. Ct. Work. Comp. Cl. 2016). “The Court further finds, based upon the UEF investigator's findings, that Advanced Remodeling is a construction services provider as generally defined in Tennessee Code Annotated section 50-6-901(5) and that it failed to secure workers' compensation insurance as required by…”

Bland, Cody v. Mike Chitwood, 2017 TN WC 137 (Tenn. Ct. Work. Comp. Cl. 2017). “Chitwood is a construction services provider as generally defined in Tennessee Code Annotated section 50-6-901(5) and that he failed to secure workers' compensation insurance or to determine that Mr.”

Holmes, Daryl v. Ellis Watkins d/b/a Watkins Lawn Care, 2017 TN WC 220 (Tenn. Ct. Work. Comp. Cl. 2017). “See Tenn. Code Ann.§ 50-6-901(5). Therefore, the Tennessee Workers' Compensation Law only required Watkins to have one employee to meet the definition of "employer.”

Hutchins, Jr., Thomas v. Rocky Top Coatings, 2015 TN WC 164 (Tenn. Ct. Work. Comp. Cl. 2015). “Under Tennessee Code Annotated section 50-6-901(5) (2014), a "construction services provider" means any person or entity engaged in the construction industry.”

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