OAR 839-008-0010
Work of Comparable Character

(1) As used in ORS 652.210 (Definitions for ORS 652.210 to 652.235) to ORS 652.235 (Motion to disallow award of compensatory and punitive damages) and these rules, “work of comparable character” includes substantially similar knowledge, skill, effort, responsibility and working conditions as defined or described as follows, with no single factor being determinative:
(a) Knowledge considerations may include, but are not limited to, the following:
(A) Certifications, licenses and certificates;
(B) Education;
(C) Experience; or
(D) Training.
(b) Skill considerations may include, but are not limited to, the following:
(A) Ability;
(B) Agility;
(C) Coordination;
(D) Creativity;
(E) Efficiency;
(F) Experience; or
(G) Precision.
(c) Effort considerations may include, but are not limited to, the following:
(A) Amount of physical or mental exertion needed;
(B) Amount of sustained activity; or
(C) Complexity of job tasks performed.
(d) Responsibility considerations may include, but are not limited to, the following:
(A) Accountability, decision-making discretion or impact of an employee’s exercise of their job functions on the employer’s business;
(B) Amount, level or degree of significance of job tasks;
(C) Autonomy or extent to which the employee works without supervision;
(D) Extent to which the employee exercises supervisory functions; or
(E) Extent to which an employee’s work or actions expose an employer to risk or liability.
(e) Working condition considerations include the following:
(A) Work environment;
(B) Hours, which may include, but are not limited to, the following considerations:
(i) Alternative scheduling such as split shifts;
(ii) Level of busyness during hours of work;
(iii) Limited duration assignments;
(iv) Number of hours;
(v) Overtime hours; or
(vi) Part-time or full-time work.
(C) Time of day, which may include, but is not limited to, the consideration of shift differentials related to the day of the week or time of day work shifts are scheduled;
(D) Physical surroundings, which may include, but are not limited to, the following considerations:
(i) Air quality;
(ii) Distractions;
(iii) Dust;
(iv) Exposure to weather;
(v) Isolation;
(vi) Lighting;
(vii) Noise;
(viii) Physical design or layout of workspace;
(ix) Temperature;
(x) Ventilation; or
(xi) Wetness.
(E) Potential hazards, which may include, but are not limited to, the following considerations:
(i) Degree or severity of potential injury;
(ii) Frequency of exposure;
(iii) Intensity;
(iv) Physical hazards;
(v) Risk of injury; or
(vi) Toxicity.
(2) Evaluations of work of comparable character need only consider comparisons of Oregon employees as defined in OAR 839-008-0000 (Definitions).

Source: Rule 839-008-0010 — Work of Comparable Character, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-008-0010.

Last Updated

Jun. 8, 2021

Rule 839-008-0010’s source at or​.us