Workers' Compensation

ORS 656.850
License

  • compliance with workers’ compensation and safety laws

(1)

As used in this section and ORS 656.018 (Effect of providing coverage), 656.403 (Obligations of self-insured employer), 656.855 (Licensing system for worker leasing companies) and 737.270 (Determination of workers’ compensation premiums for worker leasing company):

(a)

“Worker leasing company” means a person who provides workers, by contract and for a fee, to work for a client but does not include a person who provides workers to a client on a temporary basis.

(b)

“Temporary basis” means providing workers to a client for special situations such as to cover employee absences, employee leaves, professional skill shortages, seasonal workloads and special assignments and projects with the expectation that the position or positions will be terminated upon completion of the special situation. Workers also are provided on a temporary basis if they are provided as probationary new hires with a reasonable expectation of transitioning to permanent employment with the client and the client uses a preestablished probationary period in its overall employment selection program.

(c)

“Temporary service provider” means a person who provides workers, by contract and for a fee, to a client on a temporary basis.

(2)

No person shall perform services as a worker leasing company in this state without first having obtained a license therefor from the Director of the Department of Consumer and Business Services. No person required by this section to obtain a license shall fail to comply with this section or ORS 656.855 (Licensing system for worker leasing companies), or any rule adopted pursuant thereto.

(3)

When a worker leasing company provides workers to a client, the worker leasing company shall satisfy the requirements of ORS 656.017 (Employer required to pay compensation and perform other duties) and 656.407 (Qualifications of insured employers) and provide workers’ compensation coverage for those workers and any subject workers employed by the client unless during the term of the lease arrangement the client has proof of coverage on file with the director that extends coverage to subject workers employed by the client and any workers leased by the client. If the client allows the coverage to expire and continues to employ subject workers or has leased workers, the client shall be considered a noncomplying employer unless the worker leasing company has complied with subsection (5) of this section.

(4)

When a worker leasing company provides workers for a client, the worker leasing company shall assure that the client provides adequate training, supervision and instruction for those workers to meet the requirements of ORS chapter 654.

(5)

When a worker leasing company provides subject workers to work for a client and also provides workers’ compensation coverage for those workers, the worker leasing company shall notify the director in writing. The notification shall be given in such manner as the director may prescribe. A worker leasing company may terminate its obligation to provide workers’ compensation coverage for workers provided to a client by giving to the client and the director written notice of the termination. A notice of termination shall state the effective date and hour of the termination, but the termination shall be effective not less than 30 days after the notice is received by the director. Notice to the client under this section shall be given by mail, addressed to the client at the client’s last-known address. If the client is a partnership, notice may be given to any of the partners. If the client is a corporation, notice may be given to any agent or officer of the corporation upon whom legal process may be served. [1993 c.628 §2; 1997 c.491 §4; 2007 c.241 §20]

Notes of Decisions

Failure by worker leasing company to obtain license does not render contracts entered into by worker leasing company void unless Director of Department of Consumer and Business Services adopts rule making such contracts void. Mayfly Group, Inc. v. Ruiz, 241 Or App 77, 250 P3d 360 (2011), Sup Ct review denied

Section is meant to ensure that either worker leasing company or client is legally responsible for providing workers' compensation insurance coverage for leased and subject workers at all times they are working for client and, given that purpose, nothing in section prohibits worker leasing company from voluntarily assuming responsibilities under statute as of date that precedes date that worker actually reports for work. SAIF v. Matt Jenkins Contracting, 257 Or App 46, 306 P3d 641 (2013)

Chapter 656

Notes of Decisions

Party having affirmative of any issue must prove it by preponderance of evidence unless legislature fixes some different quantum of proof. Hutcheson v. Weyerhaeuser Co., 288 Or 51, 602 P2d 268 (1979)

Amendments to existing statutes and enactment of additional statutes by 1995 legislation generally apply to pending cases and to orders still appealable on June 7, 1995, effective date. Volk v. America West Airlines, 135 Or App 565, 899 P2d 746 (1995), Sup Ct review denied

Amendments to existing statutes and enactment of additional statutes by 1995 legislation do not extend or shorten procedural time limitations with regard to actions taken prior to June 7, 1995, effective date. Motel 6 v. McMasters, 135 Or App 583, 899 P2d 1212 (1995)

Atty. Gen. Opinions

Benefit unavailability for inmates engaged in prison work programs, (1996) Vol 48, p 134

Law Review Citations

24 WLR 321, 341 (1988); 32 WLR 217 (1996)

Source

Last accessed
Jun. 26, 2021

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