Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 180 - WORKER LEASING › Section 436-180-0120 - Temporary Worker Distinguished from Leased Worker

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Temporary service providers.
A person that provides a worker to a client by contract and for a fee will be
			 considered a temporary service provider if the worker is provided on a
			 temporary basis, subject to the following:
(a) "Temporary basis" means the worker was
			 provided to supplement a client's regular workforce for a special situation, as
			 a student worker, or as a probationary hire as described under ORS
			 656.850(1)(b).
			 The worker will be considered to be provided on a temporary basis if there is
			 contemporaneous written documentation of the placement;
(b) "Contemporaneous written documentation"
			 means documents that are created at the time the temporary service provider and
			 client make the arrangements for placement of the worker. The documents must
			 indicate the expected duration of the placement, and:
(A) If the worker was provided to supplement
			 a client's regular workforce for a special situation, the documentation must
			 describe the special situation. A special situation includes, but is not
			 limited to:
(i) An employee absence or leave,
			 from which the employee is expected to return;
(ii) A shortage in skilled professional
			 staff, whether licensed or not, for a known duration of time. Supporting
			 documentation may include license information, and must establish whether the
			 worker is provided to supplement or to satisfy a client's need for the skill;
(iii) A seasonal or sporadic
			 increase in workload that requires assistance in addition to the client's
			 regular workforce. Documentation must establish the nature of the increase in
			 workload; or
(iv) A special
			 assignment or project outside of the routine activities of the client's
			 business, where the worker will be terminated or assigned to another temporary
			 project upon completion. Documentation must describe the project and how it is
			 outside of the routine activities of the client's business;
(B) If the worker is provided and
			 paid through a work experience program, the name of the school or institution
			 and the work experience program; or
(C) If the worker is provided as a
			 probationary new hire and the worker has a reasonable expectation of
			 transitioning to permanent employment with the client, evidence that the client
			 established a probationary period in its overall employment selection program
			 before obtaining workers from the person. Evidence may include copies of the
			 client's written program, or a written agreement between the temporary service
			 provider and the client establishing the probationary period before workers
			 were provided; and
(c)
			 Either the person providing the worker or the client must provide the
			 contemporaneous written documentation to the director upon request. If a person
			 fails to provide the contemporaneous written documentation, the director will
			 investigate to determine if the worker was provided on a temporary basis. If
			 the director determines that the worker was provided on other than a temporary
			 basis, the person will be considered a worker leasing company.