Or. Admin. R. 437-001-0860

Current through Register Vol. 63, No. 6, June 1, 2024

Section 437-001-0860 - Eligibility for Worksite Redesign Assistance

(1) As part of the application, the applicant must have documentation of the workplace problem such as accepted compensable claims, incident reports, OSHA 200 log entries, hazard evaluations, or statistical reports of injuries and illnesses for the industry and/or occupation for which the applicant seeks an ergonomic solution.

(2) An applicant must identify an employer as the research site and/or the recipient of the prototype design or grant product. That designated employer and those employers who apply for a product grant must meet the following eligibility conditions:

(a) The employer has and maintains Oregon workers' compensation insurance coverage as required by law;

(b) Business operations are ongoing and have continued for the three-year period prior to the date the applicant submits the application to the department;

(c) The employer demonstrates financial stability and solvency by providing for the three-year period prior to the date the applicant submits the application one of the following: a letter of evaluation by an independent certified public accounting firm; a letter of credit; tax records; audited profit and loss statements and balance sheets; or audited annual reports. For product grants of less than $10,000, the department may permit an employer to certify financial stability;

(d) The employer has no bankruptcy or receivership action and no judgments for non-payment of wages/debts within the one-year period prior to the date the department receives the application;

(e) At the time the applicant submits the application, the employer has no outstanding OR-OSHA citations at any of the employer's locations or sites with unabated/uncorrected safety or health hazards associated with the equipment or process that is the subject of the application; and

(f) The employer provides information about the employer's early-return-to-work program.

(3) Reasons for ending Worksite Redesign Program eligibility which apply to all applicants as defined in OAR 437-001-0845 include:

(a) Misrepresentation or omission of information by the applicant to obtain assistance;

(b) Failure of the applicant to provide requested information or to cooperate in the Worksite Redesign Program grant review process or in the development or implementation of an approved grant;

(c) The applicant is precluded from receiving Worksite Redesign Program assistance in accordance with OAR 437-001-0890.

(4) Reasons for ending Worksite Redesign Program eligibility which apply to employer applicants, employers designated in the grant application as the research site and/or the recipient of the prototype design and employers who are grant product recipients include:

(a) The employer does not maintain Oregon workers' compensation insurance coverage as required by law;

(b) The employer, after requesting Worksite Redesign Program assistance, becomes subject to bankruptcy or receivership action or incurs judgment for non-payment of wages/debts; or,

(c) The employer, after requesting Worksite Redesign Program assistance, is issued a citation by OR-OSHA resulting from a fatality investigation, accident investigation, a complaint investigation, or a referral from another agency, which is related to or associated with, the subject of the worksite redesign grant. The department will hold in abeyance any requests for Worksite Redesign Program assistance until the OR-OSHA enforcement action is resolved.

(5) An employer who enters into negotiation for sale or merger of business after requesting Worksite Redesign Program assistance must provide the department documentation of their ongoing commitment and ability to undertake and complete the activities as described in its grant application. The department will review the material provided by the employer and will determine the appropriateness and feasibility of proceeding with the grant request process.

Or. Admin. R. 437-001-0860

OSHA 7-1999, f. & cert. ef. 7-15-99

Stat. Auth.: ORS 656.622(9) & ORS 656.622

Stats. Implemented: ORS 656.622