reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 160 - GENERAL PROVISIONS › Section 436-160-0420 - Medical Bill Acknowledgement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The sender is expected to retrieve both
			 TA1 and 999 interchange and functional acknowledgements (as defined by ASC X12)
			 for each medical bill file submitted, unless technical errors in the file
			 prevent 999 processing. In addition, the sender is expected to retrieve the 824
			 detailed acknowledgement, as defined by IAIABC Release 2.0 (Feb.1, 2014) for
			 each medical bill file submitted, if at least one transaction has successfully
			 passed the 999 edits.
(b) The
			 detailed acknowledgement will indicate either an item accepted (IA) or an item
			 rejected (IR) acknowledgement for each individual transaction.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 160 - GENERAL PROVISIONS › Section 436-160-0430 - Medical Bill Data Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Changes to medical bill information must be submitted according to the
			 standards referenced in OAR
			 436-160-0004.
(2) The Unique Bill ID will be used to match
			 cancellations, corrections, and replacements to the original bill. Failure to
			 match on this data element will result in a rejected transaction.
(3) The insurer must correct and resubmit any
			 transactions rejected for which law or rule requires filing, reporting, or
			 notice to the director.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.264
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 160 - GENERAL PROVISIONS › Section 436-160-0440 - Monitoring and Auditing Insurers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director may monitor and conduct
			 periodic audits of medical bill data to ensure compliance with ORS chapter 656
			 and these rules.
(2) All records
			 maintained or required to be maintained must be disclosed upon request by the
			 director.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.264,
				  656.455 &
				  656.726
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 160 - GENERAL PROVISIONS › Section 436-160-0445 - Assessment of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Under ORS 656.745, the director may assess
			 a civil penalty against an insurer that fails to comply with ORS Chapter 656 or
			 the director's rules and orders.
(2) The insurer is responsible for its own
			 actions as well as the actions of others acting on the insurer's behalf. If an
			 insurer or someone acting on the insurer's behalf violates any provisions of
			 these rules, the director may impose a civil penalty against the insurer.
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.264 &
				  656.745
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0001 - Authority, Applicability, Administration, and Purpose of these Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules are
			 promulgated under the director's authority contained in ORS
			 656.726(4).
(2)
(a) These rules apply to workers'
			 compensation proof of coverage transactions filed with the director by
			 electronic data interchange (EDI) on or after April 1, 2015.
(b) For coverage effective before July 1,
			 2009, the insurer must contact the director if the insurer is unable to file
			 proof of coverage by EDI.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0004 - Adoption of Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 director adopts, by reference, IAIABC EDI Implementation Guide for Proof of
			 Coverage, Release 2.1, dated July 1, 2010.
(2) The form, format, and delivery of data
			 elements reported and definitions will conform to these standards, unless
			 otherwise provided in these rules.
(3) A copy of the Release 2.1 guide is
			 available for review during regular business hours at the Workers' Compensation
			 Division, Operations Section, 350 Winter Street NE, Salem OR 97301,
			 503-947-7742. IAIABC members may view a copy of the Release 2.1 guide, or
			 non-members may purchase a copy, at the IAIABC website: http://www.iaiabc.org
			 [File Link Not Available].
Stat. Auth: ORS 84,
				  656.264,
				  656.419,
				  656.423,
				  656.427 &
				  656.726(4)
Stat. Implemented: ORS
				  656.017,
				  656.407,
				  656.419,
				  656.423 &
				  656.427
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0030 - Retention of Electronic Records

Current through Register Vol. 63, No. 7, July 1, 2024
Insurers and self-insured employers must retain workers'
				compensation records under OAR
				436-050-0120 and OAR
				436-050-0220. Records may be
				retained in electronic format if the records can be
				reproduced.
Stat. Auth: ORS
				  656.726(4)
Stat. Implemented: ORS
				  656.455,
				  731.475
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0035 - General Filing Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Senders must follow United States Postal Service guidelines for reporting all
			 addresses.
(2) Transactions will be
			 rejected if Mandatory or Mandatory/Conditional data elements are omitted or
			 submitted in a form or format the division is unable to process.
(3) Not Applicable data element(s) in a
			 transaction will be ignored if the data element is either omitted or submitted
			 in a form or format the division is unable to process.
(4) Worker leasing company (also known in
			 other jurisdictions as professional employer organization) policies will be
			 accepted by EDI, subject to the same data and transaction editing standards as
			 other policies. A policy filing for a worker leasing company does not eliminate
			 the worker leasing company's requirement to file worker leasing notices under
			 OAR 436-180-0110.
(5) Wrap-up policies will be accepted by EDI,
			 subject to the same data and transaction editing standards as other policies.
			 Wrap-up projects and any change of insurer mid-project must be approved by the
			 Oregon Insurance Division.
Statutory/Other Authority: ORS
				  656.264,
				  656.419,
				  656.423,
				  656.427 &
				  656.726(4)
Statutes/Other Implemented: ORS
				  656.419,
				  656.423 &
				  656.427
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0038 - Acknowledgement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The division
			 will respond to submitted transmissions by providing either a Transaction
			 Accepted (TA) or a Transaction Rejected (TR) acknowledgement.
(2) Transaction rejected acknowledgements
			 will be generated for transactions with errors, including but not limited to:
(a) An omitted Mandatory data element;
(b) An improperly populated data
			 element field, e.g., numeric data element field is populated with alpha or
			 alphanumeric data, or is not a valid value;
(c) Transactions or electronic records within
			 the transaction that require matching and cannot be matched to the division's
			 database;
(d) Illogical data in a
			 Mandatory or Mandatory/Conditional field, e.g., policy expiration date is
			 before policy effective date;
(e)
			 Duplicate transmission or duplicate transaction within the transmission;
(f) Invalid triplicate code; or
(g) Illogical event sequence
			 relationship between transactions, e.g., endorsement transaction submitted
			 before a policy transaction is submitted.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0040 - Recognized Filing Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 electronic record is considered filed on the date it is delivered to the
			 director only if the division issues a Transaction Accepted acknowledgment.
(2) Rejected transactions are not
			 considered filed and do not satisfy proof of coverage requirements until they
			 are corrected, resubmitted, and accepted by the division.
Stat. Auth: ORS
				  656.264,
				  656.726(4)
Stats. Implemented: ORS
				  656.419,
				  656.423 &
				  656.427
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0060 - Testing Procedures and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Proof of coverage testing:
(1) The director adopts the Oregon EDI
			 Implementation Guide for Proof of Coverage as the standard for EDI testing
			 procedures and requirements, available from the division's website:
			 http://www.cbs.state.or.us/wcd/operations/edi/ediindex.html#bill [File Link Not
			 Available].
(2) Senders conducting
			 EDI transactions as of Jan. 1, 2009, do not have to complete EDI testing.
			 Insurers using an approved EDI vendor to submit proof of coverage data to the
			 department do not have to complete testing as provided by this rule.
(3) Senders must obtain director approval to
			 submit proof of coverage data via EDI transactions. Each sender must
			 successfully complete the Secure File Transfer Protocol (SFTP) test and the
			 format and structure test(s) detailed in the Oregon EDI Implementation Guide
			 for Proof of Coverage to demonstrate ability to successfully transmit coverage
			 data in the format specified in OAR
			 436-162-0004. The director will
			 notify senders once they have successfully completed testing. Insurers must
			 either use an approved sender or be approved as a sender to report proof of
			 coverage via EDI. If an insurer is not an approved sender, it must report
			 through an approved sender until approved by the director for direct reporting
			 of proof of coverage via EDI.
Stat. Auth: ORS
				  656.726(4)
Stat. Implemented: ORS
				  84.013,
				  656.264
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0310 - Electronic Filing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Unless otherwise provided in these rules, insurers must transmit proof of
			 coverage by EDI, and either use an approved vendor, or be approved as a sender.
(2) Unless otherwise provided in
			 these rules, the data elements have the meaning provided in the data dictionary
			 of the IAIABC EDI Implementation Guide for Proof of Coverage, Release 2.1,
			 dated July 1, 2010, referenced in OAR
			 436-162-0004(1).
(3) Data elements are listed in
			 Appendices A and B:
(a) Appendix A shows all
			 proof of coverage data elements accepted by EDI in Oregon, and whether the data
			 element is Exclude (X), Expected (E), Fatal Technical (F), Fatal
			 Technical/Conditional (FT), Mandatory (M), Mandatory/Conditional (MC), Not
			 Applicable (NA), or Restricted (R), for each transaction type.
(b) Appendix B lists Mandatory/Conditional
			 data elements and the applicable conditions that make the data element
			 mandatory.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0320 - Acknowledgement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The division
			 will respond to submitted transmissions with either a transaction accepted or a
			 transaction rejected acknowledgement. The division may, at its discretion,
			 reprocess transactions.
(2) A
			 transaction rejected acknowledgement will be sent for all transactions
			 incapable of being processed by the division's information processing system,
			 including, but not limited to:
(a) An omitted
			 mandatory data element;
(b) An
			 improperly populated data element field, e.g., numeric data element field is
			 populated with alpha or alphanumeric data, or is not a valid value;
(c) Transactions or electronic records within
			 the transaction which require matching and cannot be matched to the division's
			 database;
(d) Illogical data in
			 mandatory or required conditional field, e.g., termination date is before
			 coverage effective date;
(e)
			 Duplicate transmission or duplicate transaction within the
			 transmission;
(f) Invalid
			 triplicate code; or
(g) Illogical
			 event sequence relationship between transactions, e.g., endorsement transaction
			 submitted before a policy transaction is submitted.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0335 - Testing Procedures and Transaction Accuracy Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An insurer that wants to self report
			 proof of coverage must report through an approved vendor until the insurer
			 completes all of the testing requirements in this rule and receives approval
			 from the director to self report.
(2) To obtain approval, each sender must
			 successfully complete the Secure File Transfer Protocol (SFTP) test,
			 demonstrate ability to successfully transmit coverage data in the format
			 specified in OAR 436-162-0004(1),
			 achieve ninety percent reporting accuracy, and retrieve and process automated
			 EDI acknowledgements.
(3) To begin
			 the testing process for proof of coverage EDI, the sender must:
(a) Contact the division's EDI coordinator.
			 Contact information is on the division's webpage:
			 http://wcd.oregon.gov/operations/edi/ediindex.html#coverage [File Link Not
			 Available]; and
(b) Complete and
			 submit the proof of coverage EDI transmission profile (Form 440-4979),
			 available from: http://wcd.oregon.gov/operations/edi/ediindex.html#coverage
			 [File Link Not Available].
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0340 - Changes or Corrections

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Changes or corrections to proof of coverage information must be submitted under
			 the standards referenced in OAR
			 436-162-0004(1).
(2) To report changes or
			 corrections of an insured employer's name or address, or other data elements,
			 the insurer must transmit the appropriate transaction to specify what data is
			 being changed or corrected.
(3)
			 The insurer's policy number is used to assist in matching each transaction to
			 the appropriate employer. When an insurer changes a policy number, the insurer
			 must report that change prior to the next transaction submitted for that
			 policy. Failure to report a change in the policy number will prevent future
			 filings from being processed by the division's information processing system
			 and the insurer will receive a Transaction Rejected acknowledgement.
(4) To add or delete coverage for corporate
			 officers, members of a limited liability company, partners, sole proprietors,
			 or other nonsubject workers, the insurer must file the appropriate "include" or
			 "exclude" endorsement transaction to the associated policy filing.
Stat. Auth: ORS
				  656.264,
				  656.419,
				  656.423,
				  656.427 &
				  656.726(4)
Stat. Implemented: ORS
				  656.419,
				  656.423 &
				  656.427
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0370 - Proof of Coverage Terminations

Current through Register Vol. 63, No. 7, July 1, 2024
When the insurer cancels coverage before the expiration of the
				policy term, the insurer must:
(1)
			 Provide written notice to the employer under ORS
			 656.427(1) and
			 (3);
(2) Retain a record of the written notice
			 sent to the employer under ORS
			 656.427, and proof of mailing of
			 that notice, for inspection by the division; and
(3) Provide notice to the director under ORS
			 656.427 by EDI.
Stat. Auth: : ORS
				  656.264,
				  656.427 &
				  656.726(4)
				  Stat. Implemented: ORS
				  656.427
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0380 - Cancellation of Coverage by the Employer

Current through Register Vol. 63, No. 7, July 1, 2024
When the employer cancels coverage before the expiration of the
				policy term, the insurer must:
(1)
			 Retain a record of the written or verbal notice provided by the employer to the
			 insurer under ORS 656.423, including proof of date
			 of receipt of that notice, for inspection by the division; and
(2) Provide notice to the director under ORS
			 656.423 by EDI.
Stat. Auth: ORS
				  656.264,
				  656.423 &
				  656.726(4)
Stat. Implemented: ORS
				  656.423
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0400 - Monitoring and Auditing Insurers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director may monitor and conduct
			 periodic audits of proof of coverage reporting data to ensure compliance with
			 ORS chapter 656 and these rules. If the director finds violations of the
			 reporting requirements of these rules the director may issue civil penalties
			 under OAR 436-162-0440 and ORS
			 656.745.
(a) Proof of coverage must be reported
			 timely. "Timely" means that an insurer reports data within the time allowed by
			 these rules, including Appendix C, the Event Table.
(b) Proof of coverage must be reported
			 accurately. "Accurately" means that the reported coverage data accepted by the
			 division conforms to the reporting requirements of these rules, including
			 Appendices A, B, and C.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 162 - ELECTRONIC DATA INTERCHANGE; PROOF OF COVERAGE › Section 436-162-0440 - Assessment of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Under ORS 656.745, the director may assess
			 a civil penalty against an insurer that fails to comply with ORS chapter 656 or
			 the director's rules and orders.
(2) The insurer is responsible for its own
			 actions as well as the actions of others acting on the insurer's behalf. If an
			 insurer or someone acting on the insurer's behalf violates any provisions of
			 these rules, the director may impose a civil penalty against the
			 insurer.
Stat. Auth: ORS
				  656.264,
				  656.726(4)
				  & 656.745
Stat. Implemented: ORS
				  656.419,
				  656.423 &
				  656.427
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 170 - INDEPENDENT CONTRACTORS › Section 436-170-0002 - Purpose of Rule

Current through Register Vol. 63, No. 7, July 1, 2024
The Landscape Contractors Board, Department of Revenue,
				Department of Consumer and Business Services, Employment Department, and
				Construction Contractors Board must adopt rules together to carry out ORS
				670.600. 670.600 defines
				"independent contractor" for purposes of the programs administered by these
				agencies. This rule is intended to ensure that all five agencies apply and
				interpret ORS 670.600 in a consistent manner;
				to clarify the meaning of terms used in ORS
				670.600; and, to the extent
				possible, to enable interested persons to understand how all five agencies will
				apply ORS 670.600.
Stat. Auth: ORS
				  656.726(4),
				  670.605
Stats. Implemented: ORS
				  316.162,
				  670.600
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 170 - INDEPENDENT CONTRACTORS › Section 436-170-0100 - Statutory Context

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 670.600 generally establishes
			 three requirements for "independent contractors." One requirement is that an
			 "independent contractor" must be engaged in an "independently established
			 business." Another requirement is related to licenses and certificates that are
			 required for an "independent contractor" to provide services. A third
			 requirement is that an "independent contractor" must be "free from direction
			 and control over the means and manner" of providing services to
			 others.
(2) The specific focus of
			 this rule is the "direction and control" requirement. See ORS
			 670.600 for the requirements of
			 the "independently established business" test and for licensing and
			 certification requirements.
Stat. Auth: ORS
				  656.726(4),
				  670.605
Stats. Implemented: ORS
				  316.162,
				  670.600
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 170 - INDEPENDENT CONTRACTORS › Section 436-170-0200 - Direction and Control Test

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 670.600 states that an
			 "independent contractor" must be "free from direction and control over the
			 means and manner" of providing services to others. The agencies that have
			 adopted this rule will use the following definitions in their interpretation
			 and application of the "direction and control" test:
(a) "Means" are resources used or needed in
			 performing services. To be free from direction and control over the means of
			 providing services an independent contractor must determine which resources to
			 use in order to perform the work, and how to use those resources. Depending
			 upon the nature of the business, examples of the "means" used in performing
			 services include such things as tools or equipment, labor, devices, plans,
			 materials, licenses, property, work location, and assets, among other
			 things.
(b) "Manner" is the method
			 by which services are performed. To be free from direction and control over the
			 manner of providing services an independent contractor must determine how to
			 perform the work. Depending upon the nature of the business, examples of the
			 "manner" by which services are performed include such things as work schedules,
			 and work processes and procedures, among other things.
(c) "Free from direction and control" means
			 that the independent contractor is free from the right of another person to
			 control the means or manner by which the independent contractor provides
			 services. If the person for whom services are provided has the right to control
			 the means or manner of providing the services, it does not matter whether that
			 person actually exercises the right of control.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 170 - INDEPENDENT CONTRACTORS › Section 436-170-0300 - Application of "Direction and Control" Test in Construction and Landscape Industries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provisions of this section apply to:
(a)
			 Architects licensed under ORS
			 671.010 to
			 671.220;
(b) Landscape architects licensed under ORS
			 671.310 to 671.479;
(c) Landscaping businesses licensed under ORS
			 671.510 to
			 671.710;
(d) Engineers licensed under ORS
			 672.002 to
			 672.325; and
(e) Construction contractors licensed under
			 ORS Chapter 701.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 180 - WORKER LEASING › Section 436-180-0003 - Administration of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Purpose.
These rules carry out the provisions of ORS
			 656.403(4);
			 656.850; and 656.855 related to
			 worker leasing companies.
(2)
Director's discretion.
The director may waive procedural rules as
			 justice requires, unless otherwise obligated by statute.
Statutory/Other Authority: ORS
				  656.726(4)
				  & ORS 656.855
Statutes/Other Implemented: ORS
				  656.855, ORS
				  656.403(4)
				  & 656.850
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 180 - WORKER LEASING › Section 436-180-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless a term is defined elsewhere in these rules, the
				definitions of ORS 656.005 and
				656.850 are incorporated by
				reference and made a part of these rules. For the purpose of these rules,
				unless the context requires otherwise:
(1) "
Board
" means the Workers'
			 Compensation Board and includes its Hearings Division.
(2) "
Client
" means a person to
			 whom workers are provided under contract and for a fee on a temporary or leased
			 basis. "Client" does not include a person that shares common majority ownership
			 with the person providing workers under contract and for a fee.
(3) "
Common majority ownership
"
			 means the same person or group of persons owns more than 50 percent of each
			 entity. If an entity owns a majority interest in another entity, which in turn
			 owns a majority interest in another entity, all entities so related are
			 considered to share common majority interest.
(4) "
Controlling person
" means:
(a) A person who holds an ownership interest
			 greater than or equal to the lesser of:
(A)
			 The average ownership interest of all owners; or
(B) 10 percent;
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 180 - WORKER LEASING › Section 436-180-0008 - Requests for Hearings or Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Request
			 for hearing on proposed sanctions or civil penalties.
Any person that
			 disagrees with a proposed order or assessment of a civil penalty under ORS
			 656.735, or
			 656.745 may request a hearing by
			 the board. To request a hearing, the person must:
(a) Mail or deliver a written request to the
			 Workers' Compensation Division within 60 days of the mailing date of the
			 proposed order or assessment; and
(b) Specify, in the request, the reasons why
			 the person disagrees with the proposed order or assessment.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 180 - WORKER LEASING › Section 436-180-0100 - Responsibility for Providing Coverage under a Lease Arrangement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General.
Every worker leasing company providing workers to a
			 client must satisfy the requirements of ORS
			 656.017 and
			 656.407.
(2)
When the worker leasing company
			 must provide coverage.
Except when the client provides coverage as
			 described in section (3) of this rule, when a worker leasing company provides
			 workers to a client, the worker leasing company must provide coverage for the
			 leased workers and any subject workers employed by the client.
(3)
When the client provides
			 coverage.
When during the term of the worker leasing contract, the
			 director has proof of coverage for a client-purchased policy on file, or when
			 the client is a self-insured employer:
(a)
			 The client's coverage extends to the leased workers and any subject workers
			 employed by the client; and
(b) The
			 client will be considered a noncomplying employer if it allows its coverage to
			 terminate and continues to lease or employ any subject workers, unless the
			 client obtains new coverage or the worker leasing company has notified the
			 director that it provides coverage for the client under OAR
			 436-180-0110(1).
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 180 - WORKER LEASING › Section 436-180-0110 - Notice of Client Coverage; Changes to Coverage Information; Termination; Reinstatements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Notice of client coverage.
When a worker leasing company provides
			 coverage to a client under OAR
			 436-180-0100(2),
			 the worker leasing company must file written notice with the director and its
			 insurer, using Form 2465, "Worker Leasing Notice," subject to the following:
(a) The Form 2465 must be filed within 30
			 days after the effective date of the worker leasing contract; and
(b) The Form 2465 must be correct, complete,
			 signed by an authorized representative of the worker leasing company, and must
			 include:
(A) The client's:
(i) Legal name and assumed business names, if
			 any;
(ii) FEIN;
(iii) Type of ownership;
(iv) North American Industry Classification
			 System Code;
(v) Governing class
			 code or National Council on Compensation Insurance (NCCI) code;
(vi) Phone number, email address, and mailing
			 address; and
(vii) Street address of
			 Oregon location; and
(B)
			 The worker leasing company's:
(i) Legal name
			 and assumed business names, if any;
(ii) FEIN;
(iii) Oregon worker leasing license number;
(iv) Effective date of Oregon
			 client coverage; and
(v) Contact
			 name and phone number.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 180 - WORKER LEASING › Section 436-180-0140 - Qualifications, Applications, and Renewals for License as a Worker Leasing Company

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Prohibition against leasing workers without a license.
No person
			 may perform services as a worker leasing company in Oregon without a valid
			 license.
(2)
Qualification for
			 license.
To qualify for an initial license or renewal, a person must:
(a) Be registered and authorized to do
			 business in Oregon under ORS chapter 58, 60, 62, 63, 65, 67, 70, or 648, as
			 applicable, or be a municipal or public corporation as defined in ORS
			 297.405;
(b) Maintain coverage under ORS
			 656.017;
(c) Submit a complete application under this
			 rule and be approved for licensure; and
(d) Upon approval, pay the required licensing
			 fee of $2,050.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 180 - WORKER LEASING › Section 436-180-0150 - Recordkeeping and Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Required records.
A worker
			 leasing company must maintain and make the following records available for
			 review by the director, upon request:
(a)
			 Copies of and documentation of filing for signed forms and notices required
			 under OAR 436-180-0110. All forms and
			 documentation must be maintained for three years after the date coverage
			 provided to a client was terminated;
(b) Copies of signed worker leasing contracts
			 for three years after the termination date of the contract;
(c) Payroll records for the most recent seven
			 years, including records that identify the name, hire date, termination date,
			 and work location for:
(A) Leased workers
			 subject to coverage by the worker leasing company;
(B) Leased workers not subject to coverage by
			 the worker leasing company;
(C)
			 Administrative personnel, and other subject workers directly employed by the
			 worker leasing company; and
(D)
			 Workers provided to clients on a temporary basis, if any.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 180 - WORKER LEASING › Section 436-180-0155 - Reporting Requirements of a Self-Insured Worker Leasing Company

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Reporting
			 of client statistical data.
A self-insured worker leasing company must
			 maintain and report to the National Council on Compensation Insurance (NCCI)
			 separate statistical data for each client the self-insured worker leasing
			 company provides coverage for under OAR
			 436-180-0100(2).
			 Reporting must be according to the uniform statistical plan prescribed by the
			 director under ORS 737.225(4) and
			 OAR 836-042-0045.
(2)
Records relating to client
			 statistical data.
Records relating to the client statistical data for
			 self-insured worker leasing companies must be made available to NCCI, upon
			 request.
Statutory/Other Authority: ORS
				  656.726(4)
				  & ORS 656.855
Statutes/Other Implemented: ORS
				  656.855 &
				  656.403(4)
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 180 - WORKER LEASING › Section 436-180-0160 - Suspension or Revocation of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General.
The director may
			 suspend or revoke a worker leasing license for reasons including, but not
			 limited to:
(a) Failure to comply with the
			 provisions of ORS chapters 654, 656, 659, 659A, 731 or 737; or these
			 rules;
(b) Denial, suspension, or
			 revocation of a license, registration, or certification, or other disciplinary
			 action by any governmental agency or entity involving worker leasing
			 activities;
(c) Nonpayment of
			 taxes, fees, assessments, civil penalties, or any other moneys due the State of
			 Oregon or another jurisdiction;
(d)
			 Filing for bankruptcy, being declared bankrupt, or being the subject of other
			 proceedings related to default on or delinquency of payment of financial
			 obligations;
(e) Insolvency, if
			 the worker leasing company's liabilities exceed its assets or the worker
			 leasing company cannot meet its financial obligations;
(f) A conviction, guilty plea, or plea of no
			 contest, within the last 10 years, for any felony or misdemeanor involving
			 dishonesty or misrepresentation, including but not limited to fraud, theft,
			 burglary, embezzlement, deception, perjury, forgery, counterfeiting, bribery,
			 extortion, money laundering; or violations involving securities, investments,
			 or insurance violations on the part of the applicant or any controlling person;
			 or
(g) The worker leasing company
			 or controlling person is permanently or temporarily enjoined by a court from
			 engaging in or continuing any conduct or practice involving any aspect of the
			 worker leasing business.
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 180 - WORKER LEASING › Section 436-180-0170 - Monitoring and Auditing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Generally.
The director will monitor and conduct periodic audits
			 of employers as necessary to ensure compliance with the worker leasing company
			 licensing and performance requirements.
(2)
Disclosure of worker leasing
			 records.
A worker leasing company must make all records required by
			 these rules available to the director upon request. The records must be made
			 available at no cost to the director.
(3)
Inspection of books, records, and
			 payroll.
Under ORS
			 656.726 and
			 656.758, the director may
			 inspect the books, records, and payrolls of employers pertinent to the
			 administration of these rules. Employers must make all pertinent books,
			 records, and payrolls available for inspection by the director upon request and
			 without cost.
(4)
"Employer"
			 defined.
For the purposes of this rule, "employer" includes a worker
			 leasing company, temporary service provider, and client.
Statutory/Other Authority: ORS
				  656.726(4)
				  & ORS 656.855
Statutes/Other Implemented: ORS
				  656.855
Oregon Administrative Rules › Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION › Division 180 - WORKER LEASING › Section 436-180-0200 - Assessment of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Failure to comply with statutes, rules, and orders of the
			 director.
The director may assess a civil penalty against a worker
			 leasing company that fails to comply with the requirements of ORS
			 656.850 or
			 656.855, OAR 436-180, or the
			 orders of the director.
(2)
Failure to comply with OAR
			 436-180-0170.
The
			 director may assess a civil penalty against any employer that fails to respond
			 to requests for information or fails to meet the requirements of
			 436-180-0170. Assessment of a
			 penalty does not relieve the employer of the obligation to provide a
			 response.
(3)
Leasing workers
			 without a license.
The director may assess a civil penalty against any
			 person who is found to be operating a worker leasing company without a valid
			 license. For the purposes of this section, any month or part of a month a
			 person provides leased workers to a client without a valid license is a
			 separate violation.
(4)
Obtaining workers from an unlicensed
			 worker leasing company.
The director may assess a civil penalty against
			 an employer that leases or continues to lease workers from an unlicensed worker
			 leasing company after written notice of such violation has been
			 served.
(5)
Penalties under
			 ORS 656.990.
Any person or
			 controlling person that knowingly makes any false statement or representation
			 may also be subject to penalties under ORS
			 656.990.
Statutory/Other Authority: ORS
				  656.726(4)
				  & ORS 656.855
Statutes/Other Implemented: ORS
				  656.855,
				  656.745,
				  656.850&
				  656.990
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT › Section 437-001-0001 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Model Rules of Procedure, OAR
				137-001-0005  through
				137-001-0100,
				in effect on January 1, 2008, as promulgated by the Attorney General of the
				State of Oregon under the Administrative Procedures Act, are adopted as the
				rules of procedure for rulemaking actions of the Oregon Occupational Safety and
				Health Division.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the agency.
Stat. Auth.: ORS 654.025(2) & 656.726(4)
Stats. Implemented: ORS 654.001 -
				  654.295
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT › Section 437-001-0002 - Notice to Interested Persons of Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Except when adopting a temporary rule, in accordance with ORS
				183.335(5),
				the Director will give prior notice of the proposed adoption, amendment, or
				repeal of an administrative rule by:
(1) Publishing notice of the proposed action
			 in the Secretary of State's Oregon Bulletin at least 21 days prior to the
			 effective date of the action.
(2)
			 Notifying interested persons and organizations on the Division's notification
			 lists of proposed rulemaking actions under ORS
			 183.335.
			 The same information is also posted on the Oregon OSHA web site at
			 osha.oregon.gov. The Division will send the notice to those on Oregon OSHA's
			 e-mail notification list, and mail paper copies to those on the hard-copy
			 notification list. Both subscription methods are available on the web site
			 listed above or by calling the Oregon OSHA Resource Center at
			 503-378-3272.
Statutory/Other Authority: ORS
				  654.025(2)
				  & 656.726(4)
Statutes/Other Implemented: ORS
				  654.001 -
				  654.295
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT › Section 437-001-0005 - Authority and Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules are promulgated under the
			 Director's authority contained in ORS
			 654.025(2)
			 and
			 656.726(4).
(2) Adoption Procedures: These rules for the
			 Administration of the Oregon Safe Employment Act (OAR 437, division 1) are
			 adopted in accordance with ORS Chapter 183 and the Director's Rules of Practice
			 and Procedure Applicable to Rule Making Functions.
(3) History: Prior "Rules for the
			 Administration of the Oregon Safe Employment Act" (OAR 436, division 46, rules
			 436-046-0005 through 436-046-0750) were first adopted by WCB Admin. Order
			 19-1974; filed 6-5-74; effective 7-1-74. Amendments were made by: WCB Admin.
			 Order 33-1974, f. 9-5-74, ef. 9-26-74. WCB Admin. Order, Safety 8-1975, f.
			 8-5-75, ef. 9-1-75. WCD Admin. Order, Safety 5-1978, f. 6-22-78, ef. 8-15-78.
			 WCD Admin. Order, Safety 7-1979, f. 8-20-79, ef. 9-1-79. WCD Admin. Order,
			 Safety 4-1981, f. 5-22-81, ef. 7-1-81. WCD Admin. Order, Safety 6-1982, f.
			 6-28-82, ef. 8-1-82. WCD Admin. Order, Safety 12-1982, f. 6-28-82, ef. 8-1-82.
			 WCD Admin. Order, Safety 3-1983, f. 1-31-83, ef. 2-1-83. WCD Admin. Order,
			 Safety 9-1983, f. 11-15-83, ef. 11-15-83. WCD Admin. Order, Safety 2-1984, f.
			 3-2-84, ef. 3-15-84. WCD Admin. Order, Safety 12-1984, f. 9-20-84, ef. 11-1-84.
			 WCD Admin. Order, Safety 9-1986, f. 10-7-86, ef. 12-1-86. APD Admin. Order
			 6-1987, f. 12-23-87, ef. 1-1-88. APD Admin. Order 5-1988, f. 5-16-88, ef.
			 5-16-88.
NOTE: See Historical Notes for more complete list of
				amendments.
Statutory/Other Authority: ORS
				  654.025(2)
				  & 656.726(4)
Statutes/Other Implemented: ORS
				  654.001 -
				  654.295
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT › Section 437-001-0010 - Purpose and Scope of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules provide procedures by which the Division shall implement and
			 enforce the Director's authority and responsibilities under the Act.
(2) The Director adopts OAR chapter 437,
			 division 1, to assure, as far as possible, safe and healthful working
			 conditions for every employee in Oregon, to preserve our human resources and to
			 reduce the substantial burden which is created by occupational injury and
			 disease.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS
				  654.295
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT › Section 437-001-0020 - Authority to Administer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Administrator is hereby granted authority to do whatever is reasonably
			 necessary or incidental to accomplish the purposes of the act and these
			 rules.
(2) The Administrator shall
			 administer the Voluntary Compliance Program separately from the enforcement
			 activities. The Voluntary Compliance Program includes but is not limited to
			 education, consultations, demonstration programs, and research.
(3) The Administrator shall name employees or
			 classifications of employees who shall have authority to carry out the
			 voluntary compliance and the enforcement provisions of the Oregon Safe
			 Employment Act.
(4) The official
			 acts of the Administrator in administering and enforcing the Oregon Safe
			 Employment Act, and the acts of those designated by the Administrator, shall be
			 considered the official acts of the Director.
Statutory/Other Authority: ORS
				  654.025(2)
				  & 656.726(4)
Statutes/Other Implemented: ORS
				  654.001 -
				  654.295
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT › Section 437-001-0025 - Liberal Construction

Current through Register Vol. 63, No. 7, July 1, 2024
The Act, other rules adopted thereunder, and these rules shall
				be liberally construed to accomplish the preventative purposes expressed in the
				Act.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS
				  654.295
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT › Section 437-001-0030 - Use of Gender and Number

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, each gender includes the other
				gender, the singular includes the plural and the plural includes the
				singular.
Stat. Auth.: ORS 654.025(2) & ORS 656.726(3)
Stats. Implemented: ORS 654.001 - ORS
				  654.295
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT › Section 437-001-0035 - Occupational Safety and Health Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division shall propose occupational
			 safety and health rules for adoption by the Administrator under the authority
			 delegated by the Director. Proposed rules shall be:
(a) Reasonable;
(b) Mandatory;
(c) Designed to protect the life, safety and
			 health of employees; and
(d) At
			 least as effective as occupational safety and health rules adopted by the U.S.
			 Department of Labor.
Oregon Administrative Rules › Chapter 437 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION › Division 1 - RULES FOR THE ADMINISTRATION OF THE OREGON SAFE EMPLOYMENT ACT › Section 437-001-0045 - Adoption, Amendment, or Repeal of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Rules will be adopted, amended, or
			 repealed in accordance with ORS Chapter 183 and the Director's rules of
			 practice and procedure applicable to rule-making functions.
(2) Any person may request the adoption,
			 amendment, or repeal of a rule.
(3)
			 A request for adoption, amendment, or repeal of a rule shall:
(a) Be in writing, addressed to the
			 Administrator, Oregon OSHA, Labor and Industries Building, Salem, Oregon
			 97301;
(b) Identify the rule
			 proposed for adoption, amendment, or repeal and include reasons for the
			 change.