But it may be that none of the passengers on board an aerial work aircraft is an "aerial work passenger", and are therefore being carried in breach of 138.305 (e.g. someone's girlfriend riding in the back of a PA28 instructional flight for a jolly or someone's wife riding along in a medivac Westwind). I think some may be missing that point, precisely because of the confusing structure here.
(Pls check your pms, cs)