1. (1) For the purposes of determining whether a worker is temporarily in or out of state under ORS 656.126, the director will use criteria including, but not limited to, the following:

   1. (a) The extent to which the worker’s work within the state is of a temporary duration;
   2. (b) The intent of the employer regarding the worker’s employment status;
   3. (c) The understanding of the worker regarding the employment status with the employer;
   4. (d) The permanent location of the employer and its permanent facilities;
   5. (e) The circumstances and directives surrounding the worker’s work assignment;
   6. (f) The state laws and regulations to which the employer is otherwise subject;
   7. (g) The residence of the worker;
   8. (h) The extent to which the employer’s work in the state is of a temporary duration, established by a beginning date and expected ending date of the employer’s work; and
   9. (i) Other information relevant to the determination.
2. (2) Within 30 days after coverage of an Oregon employer is effective, the insurer providing the coverage must notify the employer in writing of the provisions of ORS 656.126 and this rule.

Statutory/Other Authority

ORS 656.726(4)

Statutes/Other Implemented

ORS 656.126

History

WCD 5-2016, f. 11-28-16, cert. ef. 1-1-17
WCD 6-2012, f. 10-4-12, cert. ef. 1-1-13
WCD 12-2003, f. 12-4-03, cert. ef. 1-1-04
WCD 12-2001, f. 12-7-01, cert. ef. 1-1-02
WCD 5-2001, f. 6-22-01, cert. ef. 7-1-01
WCD 1-1998, f. 1-9-98, cert. ef. 1-23-98
WCD 9-1996, f. 3-11-96, cert. ef. 4-1-96
WCD 25-1990, f. 11-29-90, cert. ef. 12-26-90
WCD 7-1989, f. 12-22-89, cert. ef. 1-1-90