Or. Admin. Code § 436-180-0005

Current through Register Vol. 63, No. 11, November 1, 2024

Section 436-180-0005 - Definitions

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;

(b) A person who is an officer or director of a corporation; a member or manager of a limited liability company; a partner of a partnership; or

(c) An individual who has the power to direct or cause the direction of the management, policies, or operation of a worker leasing company.

(5) "Coverage" means assurance that subject workers and their beneficiaries will receive compensation for compensable injuries as provided for under ORS chapter 656 through a workers' compensation insurance policy or by a self-insured employer.

(6) "Days" means calendar days unless otherwise specified.

(7) "Director" means the director of the Department of Consumer and Business Services or the director's designee.

(8) "Federal Employer Identification Number" or "FEIN" means the reporting number used by the Internal Revenue Service to identify a business entity for federal tax reporting purposes. "FEIN" does not include a Social Security Number or other reporting number used to identify an individual.

(9) "Leased worker" means any worker provided by a worker leasing company to a client on other than a temporary basis, as described in OAR 436-180-0120.

(10) "License" means an Oregon worker leasing license issued by the department under ORS 656.855.

(11) "Person" means an individual, partnership, corporation, joint venture, limited liability company, association, government agency, sole proprietorship, or other business entity allowed to do business in Oregon.

(12) "Proof of coverage" has the same meaning as in OAR 436-162-0005.

(13) "Worker leasing company" means a person that provides workers to a client, by contract and for a fee, but does not include a person that provides workers to a client on a temporary basis, as described under OAR 436-180-0120. For the purposes of these rules, a professional employer organization (PEO) is a worker leasing company.

(14) "Worker leasing contract" means the written agreement between a worker leasing company and a client that establishes the rights, duties, and obligations of each with respect to leased workers. For the purposes of these rules, the effective date of a worker leasing contract is the first date an Oregon subject worker begins work for a client under the contract.

(15) "Written" means information communicated in writing, and includes electronic records.

Or. Admin. Code § 436-180-0005

WCD 7-2018, adopt filed 06/07/2018, effective 7/1/2018

Statutory/Other Authority: ORS 656.726(4)

Statutes/Other Implemented: ORS 656.726(4)