OAR 436-120-0410
Determining a Vocational Goal

A counselor must determine a suitable vocational goal for the worker using one or more of the following:

(1)

Vocational testing. Vocational testing must be administered by an individual certified to administer the test.

(2)

Job analysis. A job analysis is a detailed description of the physical and other demands of a job based on direct observation of the job.

(3)

On-the-job evaluation. An on-the-job evaluation must evaluate a worker’s work traits, aptitudes, limitations, potentials, and habits in an actual job environment.

(a)

The counselor must perform a job analysis to determine if the job is within the worker’s capacities. The insurer must submit the job analysis to the attending physician if there is any question about the appropriateness of the job.

(b)

The evaluation should normally be no less than five hours daily for four consecutive days and should normally last no longer than 30 days.

(c)

The evaluation does not establish any employer-employee relationship.

(d)

A written report must evaluate the worker’s performance in the areas originally identified for assessment.

(4)

Labor market search.

(a)

A labor market search is obtained from direct contact with employers, other actual labor market information, or from other surveys completed within 90 days of the report date.

(b)

A labor market search is needed when standard labor market reference materials do not have adequate information upon which to base a decision, or there are questions about a worker’s specific limitations, training, and skills that must be addressed with employers to determine if a reasonable labor market exists.

(c)

The person providing the information must have hiring responsibility or direct knowledge of the job’s requirements and the job must exist at the firm contacted.

(d)

The labor market search report must include, but is not limited to:

(A)

Date of contact;

(B)

Firm name, address, and telephone number;

(C)

Name and title of person contacted;

(D)

Qualifications of persons recently hired;

(E)

Physical requirements;

(F)

Wages paid;

(G)

Condition of hire (full-time, part-time, seasonal, temporary);

(H)

Date and number of last hire(s); and

(I)

Available and anticipated openings.

(e)

Specific openings found in the course of a labor market search are not, in themselves, proof a reasonable labor market exists.

Source: Rule 436-120-0410 — Determining a Vocational Goal, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-120-0410.

436‑120‑0003
General Provisions 436‑120‑0005
Definitions 436‑120‑0008
Administrative Review and Hearings 436‑120‑0012
General Requirements For Notices and Warnings 436‑120‑0115
Vocational Eligibility Evaluation 436‑120‑0117
Deferral of Eligibility Evaluation 436‑120‑0145
Vocational Assistance Eligibility 436‑120‑0147
Establishing the Adjusted Weekly Wage 436‑120‑0157
Determining Substantial Handicap to Employment 436‑120‑0165
End of Eligibility for Vocational Assistance 436‑120‑0175
Redetermining Eligibility for Vocational Assistance 436‑120‑0177
Selection of Category of Vocational Assistance 436‑120‑0185
Choosing a Counselor 436‑120‑0187
Optional Services 436‑120‑0197
Direct Employment 436‑120‑0410
Determining a Vocational Goal 436‑120‑0443
Training — General 436‑120‑0445
Training Requirements 436‑120‑0500
Training: Development and Implementation 436‑120‑0510
Training Plan Support 436‑120‑0520
Responsibilities of the Worker and the Counselor 436‑120‑0523
Re-evaluating a Training Plan 436‑120‑0527
Ending a Training Plan 436‑120‑0530
Director Review of Return-to-Work Plan 436‑120‑0700
Direct Worker Purchases 436‑120‑0710
Direct Worker Purchases: Categories 436‑120‑0720
Fee Schedule 436‑120‑0755
Reimbursement from the Workers’ Benefit Fund 436‑120‑0800
Registration of Providers 436‑120‑0810
Certification and Classification of Provider Staff 436‑120‑0820
Renewal of Certification 436‑120‑0840
Professional Standards for Providers and Counselors 436‑120‑0900
Audits, Penalties and Sanctions 436‑120‑0915
Sanctions of Providers and Counselors
Last Updated

Jun. 8, 2021

Rule 436-120-0410’s source at or​.us