Current through Register Vol. 63, No. 3, March 1, 2024
(1) General provisions. An employment
purchase is assistance necessary for a worker to find, accept, or retain
employment in Oregon. Purchases may be provided for a job with a nonsubject
employer in Oregon, as long as that employer complies with the appropriate
workers' compensation law. Employment purchases may not be used if the worker
has permanent restrictions but returns to regular work. Except as provided in
subsection (2)(i) of this rule, all purchases become the worker's property.
(2) Types of purchases. Employment
purchases are limited to:
(a) Tuition, books,
and fees for instruction provided by an educational entity accredited or
licensed by an appropriate body in order to update existing skills or to meet
the requirements of an obtained job. This category can be used as often as
necessary up to a maximum of $2,000, with each use limited to $1,000;
(b) Temporary lodging, meals, and
mileage to attend instruction when overnight travel is required. Reimbursable
costs must be incurred within a 30-day period of time. The cost of meals,
lodging, public transportation, and use of a personal vehicle will be
reimbursed at the rate published in Bulletin 112. This category can be used as
often as necessary up to a maximum of $1,000;
(c) Tools and equipment mandatory for
employment. Purchases must not include items the worker possesses, duplicate
worksite modification items, vehicles, or items needed for worksite creation.
This category can be used as often as necessary up to a maximum of $5,000, with
each use limited to $2,500;
(d)
Clothing required for the job. This category can be used as often as necessary
up to a maximum of $1,000, with each use limited to $500;
(e) Transportation-related purchases, not
including vehicles or vehicle maintenance, that enable the worker to commute to
a job such as, but not limited to, bus fare, gasoline, or repairs to an
existing vehicle. This category can be used as often as necessary up to a
maximum of $1,000, requested within 90 days of hire;
(f) Moving expenses for a job if the new
worksite is in Oregon and 50 or more miles from the worker's primary residence.
When the worker's permanent disability from the injury precludes the worker
from commuting the required distance, moving expenses may be provided to move
within 50 miles of the worker's primary residence or within the distance the
worker commuted for work at claim opening. The worker must complete, sign, and
submit Form 3293, "Preferred Worker Moving Assistance Agreement." Moving
expenses are limited to one use. Expenditure is limited to:
(A) The cost of moving household goods
weighing not more than 10,000 pounds and reasonable costs of meals and lodging
for the worker. The cost of meals, lodging, public transportation, and use of a
personal vehicle will be paid at the rate published in Bulletin 112. Lodging
and meals are limited to a maximum period of two weeks. Mileage for one
personal vehicle is limited to a single one-way trip; and
(B) Rental allowance for the worker's primary
residence limited to first month's rent as specified in the rental agreement,
nonrefundable deposit in an amount not to exceed the first month's rent, and a
required credit check for that residence;
(g) Initiation fees, or back dues and one
month's current dues, required by a labor union. This category can be used as
often as necessary up to a maximum of $1,000;
(h) Occupational certification, licenses, and
related testing costs, drug screen testing, physical examinations, or
membership fees required for the job. This category can be used as often as
necessary up to a maximum of $1,000, with each use limited to $500;
(i) Worksite creation costs that are limited
to equipment, furnishings, or other things the employer needs to create a new
job for the worker. A completed and signed Form 4122, "Preferred Worker
Worksite Creation Agreement," must be submitted to the division. All items
purchased are the property of the employer. This category can be used as often
as necessary up to a maximum of $10,000, with each use limited to $5,000; and
(j) Miscellaneous purchases that
do not fit into subsections (a) through (i) of this section, subject to
approval by the director. This category does not include a vehicle purchase.
This category can be used as often as necessary up to a maximum of $2,500.
(3) Payment and
reimbursement.
(a) Costs of employment
purchases will be paid by reimbursement or by other instrument of payment
approved by the director.
(b) The
director will provide payment but will not otherwise assume responsibility for
employment purchases.
(c) The
person or entity that purchased the items may request reimbursement by
submitting to the division a legible copy of an invoice or receipt showing
payment has been made for the items purchased. Reimbursement will be made for
only those items and costs approved and paid.
(d) All requests for reimbursement must be
made within one year of the end date on Form 2350, "Preferred Worker Employment
Purchase Agreement."
(e)
Reimbursed costs may not be charged by the insurer to the employer as claim
costs or by any other means.
(4) Placement services.
(a) Placement assistance services provided to
a preferred worker by a certified vocational counselor or any public or private
agency that provides placement services are reimbursable as provided in this
section.
(A) Placement assistance services
provide the worker with skills to find employment, including, but not limited
to, intake, resume writing, interview skills, resource development, online
application development, job search skills, job coaching, and employer
contacts.
(B) The counselor or
agency representative and the worker must complete, sign, and submit to the
division Form 4875, "Preferred Worker Placement Assistance Agreement," with an
estimate of services to be provided.
(C) Placement assistance is limited to a
maximum expenditure of $1,000 for services described in paragraph (A). Payment
for these services is based on a billable hourly rate of $85 (or at one-half
rate for travel) and may be made to the counselor or agency that provided
placement services to enable the worker to find employment, regardless of
whether the worker finds employment.
(D) Only one placement assistance agreement
may be in approved status at any given time.
(E) Placement assistance may not be combined
with vocational assistance under OAR 436-120.
(F) If the worker finds employment as a
result of the placement services, an employment placement payment of $500 may
be paid to the counselor. If the worker remains employed in that position for
at least 30 days, an additional incentive payment of $500 may be paid to the
counselor or agency that provided the placement services.
(G) Employment placement payment and
subsequent incentive payment is limited to a maximum of three employment
placements.
(H) Placement and
incentive payments are limited to one use each per employer.
(b) To request payment for
placement services provided, a completed and signed Form 5135, "Preferred
Worker Program Placement Payment Request," must be submitted to the division
along with a detailed invoice of services provided.
(c) All requests for reimbursement for
placement services must be made within one year of the placement assistance
agreement end date.
Publications: Publications referenced are available from the
agency.
Stat. Auth.: ORS
656.726(4)
& 656.622
Stats. Implemented: ORS
656.622