Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Basic education. Basic education is limited to nine months unless extended by
the insurer.
(2) On-the-job
training.
(a) On-the-job training time is
limited to 12 months unless extended by the insurer.
(b) The insurer must reimburse the training
employer for a portion of the worker's wages.
(c) The on-the-job training contract between
the training employer, the insurer, and the worker must include, but is not
limited to:
(A) The worker's name;
(B) The employer's legal business name;
(C) The employer's current
workers' compensation insurance policy number;
(D) The name of the individual providing the
training;
(E) The training plan
start and end dates;
(F) The job
title and duties;
(G) The skills
to be taught;
(H) The base wage
and the terms of wage reimbursement;
(I) An agreement that the employer will pay
all taxes normally paid on the entire wage and will maintain workers'
compensation insurance for the trainee; and
(J) An acknowledgement that the training may
not prepare the worker for jobs elsewhere, if the training prepares a worker
for a job unique to the training site.
(d) The insurer must pay temporary disability
compensation as provided in ORS
656.268.
(e) Unless there is a need to accommodate the
worker's documented medical condition or class schedule, the worker's schedule
must be the same as for a regular full-time employee.
(3) Occupational skills training.
(a) Occupational skills training is limited
to 15 months unless extended by the insurer.
(b) The training is primarily for the
worker's benefit. The worker may not receive wages.
(c) Training does not establish any
employer-employee relationship with the training employer. The training
employer makes no guarantee of employing the worker when the training is
completed.
(d) The training
employer has a sufficient number of employees to accomplish its regular work
and the training of the worker, and the worker does not displace an employee.
(e) Unless there is a need to
accommodate the worker's documented medical condition or class schedule, the
worker's schedule must be the same as for a regular full-time employee.
(4) Formal training.
(a) Formal training time is limited to 18
months unless extended by the insurer.
(b) Course load must be consistent with the
worker's abilities and limitations and the length of time since the worker last
attended school.
(c) Courses must
relate to the vocational goal.
(5) Training before eligibility determined.
If the worker begins or completes training between the date of injury and the
date of the eligibility determination, and then the insurer finds the worker
eligible for vocational assistance and finds the worker's training suitable,
the insurer must reimburse the worker for costs required by that training and
verified by the insurer or the director, including temporary disability as
required under ORS 656.268 and
656.340.
Stat. Auth.: ORS
656.340(9),
656.726(4)
Stats. Implemented: ORS
656.340
