Oregon Administrative Rules
Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION
Division 140 - CONSTRUCTION CARVE-OUT PROGRAMS
Section 436-140-0010 - Qualifying
Current through Register Vol. 63, No. 3, March 1, 2024
(1) An employer, group of employers or collective bargaining representative may not establish or continue to participate in a construction carve-out program under ORS 656.170 until the proposed program has been approved by the director and the director has issued a letter of eligibility. An application containing the information described in subsections (2) and (3) of this rule must be submitted to the director.
(2) The employer or group of employers must provide at least the following:
(3) The collective bargaining representative must provide at least the following:
(4) Within 45 days of receipt of the information required by subsections (2) and (3), the director will notify the applicants that the program is or is not approved. A letter of eligibility will be issued if the program is approved. If the program is not approved, a notice will be issued. The notice will include the reasons the program is not approved and a notice of appeal rights under OAR 436-140-0008(1). The notice will be served upon the employer and/or collective bargaining representative as provided in OAR 436-140-0130.
(5) Upon issuance of a letter of eligibility, those provisions of the collective bargaining agreement or other documents entered into under ORS 656.170(1) are considered valid and binding, subject to the terms of the agreement.
(6) One in-state location shall be established where the construction carve-out program is administered and records are maintained.
(7) No construction carve-out program shall be approved that diminishes the entitlement of an employee to compensation as provided by ORS chapter 656.
(8) No more than two unions may qualify for participation in a construction carve-out program. In establishing qualification, the director will process all applications in the order in which they are received.
(9) The employer, or group of employers, and collective bargaining representative shall meet the reporting requirements under OAR 436-140-0070 in order to continue to participate in a construction carve-out program.
Stat. Auth.: ORS 656.726(4) & ORS 656.174
Stats. Implemented: ORS 656.170, ORS 656.172 & ORS 656.174