(1)An employer, group of employers or collective bargaining representative may not establish or continue to participate in a construction carve-out program under ORS 656.170 (Validity of provisions of certain collective bargaining agreements) until the proposed program has been approved by the director and the director has issued a letter of eligibility. An application containing the information described in subsections (2) and (3) of this rule must be submitted to the director.
(2)The employer or group of employers must provide at least the following:
(a)Payroll records sorted by National Council on Compensation Insurance (NCCI) classification for one of the three years prior to the year in which the collective bargaining agreement takes effect.
(b)A proposed plan for the construction carve-out program, along with four copies, in which it is demonstrated how the proposed construction carve-out program will meet the requirements of ORS 656.170 (Validity of provisions of certain collective bargaining agreements), 656.172 (Applicability of and criteria for establishing program under ORS 656.170), and these rules;
(c)A copy of the collective bargaining agreement;
(d)An estimate of the number of employees covered by the collective bargaining agreement;
(e)A copy of a valid license when that license is required of the employer or group of employers to conduct business in Oregon;
(f)A signed, sworn statement that no action has been taken by any administrative agency or court of the United States to invalidate the collective bargaining agreement;
(g)The name, address, and telephone number of the contact person of the employer or group of employers;
(h)A statement from the insurer or self-insured employer that the insurer or self-insured employer is willing to insure the risk under the terms of the collective bargaining agreement; and
(i)If applicable, a list of the names, addresses, and specialties of the medical service providers who will provide medical services under the construction carve-out program, together with appropriate evidence of any licensing, registration or certification requirements for that individual to practice. This list shall indicate which medical service providers will act as attending physicians.
(3)The collective bargaining representative must provide at least the following:
(a)A copy of the most recent LM-2 or LM-3 filing with the United States Department of Labor, and a signed, sworn statement that the document is a true and correct copy; and
(b)The name, address, and telephone number of the contact person for the collective bargaining representative.
(4)Within 45 days of receipt of the information required by subsections (2) and (3), the director will notify the applicants that the program is or is not approved. A letter of eligibility will be issued if the program is approved. If the program is not approved, a notice will be issued. The notice will include the reasons the program is not approved and a notice of appeal rights under OAR 436-140-0008 (Administrative Review)(1). The notice will be served upon the employer and/or collective bargaining representative as provided in OAR 436-140-0130 (Service of Orders).
(5)Upon issuance of a letter of eligibility, those provisions of the collective bargaining agreement or other documents entered into under ORS 656.170 (Validity of provisions of certain collective bargaining agreements)(1) are considered valid and binding, subject to the terms of the agreement.
(6)One in-state location shall be established where the construction carve-out program is administered and records are maintained.
(7)No construction carve-out program shall be approved that diminishes the entitlement of an employee to compensation as provided by ORS Chapter 656 (Workers’ Compensation).
(8)No more than two unions may qualify for participation in a construction carve-out program. In establishing qualification, the director will process all applications in the order in which they are received.
(9)The employer, or group of employers, and collective bargaining representative shall meet the reporting requirements under OAR 436-140-0070 (Reporting Requirements) in order to continue to participate in a construction carve-out program.
Rule 436-140-0010 — Qualifying,