73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 756
 
                         Senate Bill 194
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  General Government)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Transfers moneys from Workers' Benefit Fund to Bureau of Labor
and Industries Account for activities related to discrimination
against injured workers. Requires Director of Department of
Consumer and Business Services to provide materials and
information to Bureau of Labor and Industries. Permits director
to use moneys in fund to pay expenses of providing materials and
information. Requires ombudsman for injured workers to share with
bureau information relating to injured workers.
 
                        A BILL FOR AN ACT
Relating to discrimination against injured workers; creating new
  provisions; and amending ORS 656.709.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Not later than February 1, 2006, the Director
of the Department of Consumer and Business Services shall
transfer to the Bureau of Labor and Industries Account the amount
of $___ from the Workers' Benefit Fund for the purposes described
in ORS 656.605 (2)(f) and for:
  (1) Investigations, worker education, research, collection and
organization of data and other activities, as determined by the
Commissioner of the Bureau of Labor and Industries, related to
unlawful discrimination against injured workers; and
  (2) Expenses related to assigning employees of the Bureau of
Labor and Industries to act as liaisons between the bureau and
the Department of Consumer and Business Services and expenses of
the bureau and the department incurred performing the duties
described in section 2 of this 2005 Act. + }
  SECTION 2.  { + (1) The Director of the Department of Consumer
and Business Services shall regularly provide to the Bureau of
Labor and Industries, in accordance with guidelines adopted by
the Commissioner of the Bureau of Labor and Industries, all
materials and information in the possession of the Department of
Consumer and Business Services relating to:
  (a) Unlawful discrimination against injured workers and related
illegal activities, including but not limited to employers
discouraging workers from applying for benefits or invoking or
utilizing the procedures provided for in ORS chapter 656;
  (b) Unlawful employment practices based on disability,
including but not limited to unlawful failure to make reasonable
accommodations to the known physical or mental impairments of
otherwise qualified disabled persons; and
  (c) Circumstances adverse to injured or disabled workers,
including but not limited to all communications and notes of
department employees related to potentially unlawful employment
practices against workers.
  (2) The materials and information required to be provided under
subsection (1) of this section may be from any source, including
but not limited to the ombudsman for injured workers, the
Workers' Compensation Management-Labor Advisory Committee,
department employees who administer and enforce the Workers'
Compensation Law and department employees who administer and
enforce the Oregon Safe Employment Act.
  (3) Notwithstanding ORS 656.605, each biennium the director may
expend an amount of $___ from the Workers' Benefit Fund to pay
the expenses of carrying out the provisions of this section. + }
  SECTION 3. ORS 656.709 is amended to read:
  656.709. (1)(a) The Director of the Department of Consumer and
Business Services, with the concurrence of the Governor, shall
appoint an ombudsman for injured workers. The ombudsman is under
the supervision and control of the director and, with the
concurrence of the Governor, the director may terminate the
ombudsman.
  (b) The ombudsman for injured workers shall:
  (A) Act as an advocate for injured workers by accepting,
investigating and attempting to resolve complaints concerning
matters related to workers' compensation;
  (B) Provide information to injured workers to enable them to
protect their rights in the workers' compensation system;
 { - and - }
   { +  (C) In cooperation with the Bureau of Labor and
Industries, establish and maintain a structured communication
process for sharing information between the staff of the
ombudsman and the staff of the bureau to ensure that injured
workers are informed of their rights relating to discrimination
against injured workers and the procedure for filing complaints
concerning unlawful discrimination; and + }
    { - (C) - }   { + (D) + } Report to the Governor in writing
at least once each quarter. A report shall include a summary of
the services that the ombudsman provided during the quarter and
the ombudsman's recommendations for improving ombudsman services
and for protecting workers' rights in the workers' compensation
system.
  (2)(a) The Director of the Department of Consumer and Business
Services, with the concurrence of the Governor, shall appoint an
ombudsman for small business. The ombudsman is under the
supervision and control of the director and, with the concurrence
of the Governor, the director may terminate the ombudsman.
  (b) The ombudsman for small business shall:
  (A) Provide information and assistance to small businesses with
regard to workers' compensation insurance and claims processing
matters; and
  (B) Report to the Governor in writing at least once each
quarter. A report shall include a summary of the services that
the ombudsman provided during the quarter and the ombudsman's
recommendations for improving ombudsman services and for
providing information and assistance to small businesses with
regard to workers' compensation insurance and claims processing
matters.
  SECTION 4.  { + Section 2 of this 2005 Act and the amendments
to ORS 656.709 by section 3 of this 2005 Act become operative on
April 1, 2006. + }
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