Oregon Administrative Rules
Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION
Division 170 - INDEPENDENT CONTRACTORS
Section 436-170-0200 - Direction and Control Test
Universal Citation: OR Admin Rules 436-170-0200
Current through Register Vol. 63, No. 3, March 1, 2024
(1) ORS 670.600 states that an "independent contractor" must be "free from direction and control over the means and manner" of providing services to others. The agencies that have adopted this rule will use the following definitions in their interpretation and application of the "direction and control" test:
(a) "Means" are resources used or needed in
performing services. To be free from direction and control over the means of
providing services an independent contractor must determine which resources to
use in order to perform the work, and how to use those resources. Depending
upon the nature of the business, examples of the "means" used in performing
services include such things as tools or equipment, labor, devices, plans,
materials, licenses, property, work location, and assets, among other
things.
(b) "Manner" is the method
by which services are performed. To be free from direction and control over the
manner of providing services an independent contractor must determine how to
perform the work. Depending upon the nature of the business, examples of the
"manner" by which services are performed include such things as work schedules,
and work processes and procedures, among other things.
(c) "Free from direction and control" means
that the independent contractor is free from the right of another person to
control the means or manner by which the independent contractor provides
services. If the person for whom services are provided has the right to control
the means or manner of providing the services, it does not matter whether that
person actually exercises the right of control.
(2) Right to specify results to be achieved. Specifying the final desired results of the contractor's services does not constitute direction and control over the means or manner of providing those services.
Stat. Auth: ORS 656.726(4), 670.605
Stats. Implemented: ORS 316.162, 670.600
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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