Chapter 612
AN ACT
HB 2223
Relating to coverage of successor employers by Oregon Safe Employment
Act; creating new provisions; amending ORS 654.005; and declaring an emergency.
Be It Enacted by the People of
the State of Oregon:
SECTION 1.
ORS 654.005 is amended to read:
654.005. As used in this
chapter, unless the context requires otherwise:
(1) “Board” means the
Workers’ Compensation Board created by ORS 656.712.
(2) “Department” means
the Department of Consumer and Business Services.
(3) “Director” means the
Director of the Department of Consumer and Business Services.
(4) “Employee” [means] includes:
(a) Any individual, including a minor whether
lawfully or unlawfully employed, who engages to furnish services for a
remuneration, financial or otherwise, subject to the direction and control of
an employer[, and includes].
(b) Salaried, elected and appointed officials of
the state, state agencies, counties, cities, school districts and other public
corporations[, or].
(c) Any individual who is provided with workers’
compensation coverage as a subject worker pursuant to ORS chapter 656, whether
by operation of law or by election.
(5) “Employer” [means] includes:
(a) Any person who has one or more employees[, or].
(b) Any sole proprietor or member of a
partnership who elects workers’ compensation coverage as a subject worker
pursuant to ORS 656.128.
(c) Any successor or
assignee of an employer. As used in this paragraph, “successor” means a
business or enterprise that is substantially the same entity as the predecessor
employer according to criteria adopted by the department by rule.
(6) “Owner” means [and includes] every person having
ownership, control or custody of any place of employment or of the
construction, repair or maintenance of any place of employment.
(7) “Person” means one
or more individuals, legal representatives, partnerships, joint ventures,
associations, corporations (whether or not organized for profit), business
trusts, [or] any organized group of
persons, [and includes] the state,
state agencies, counties, municipal corporations, school districts and other
public corporations or subdivisions.
(8)(a) “Place of
employment” [means and] includes:
(A) Every place, whether fixed or movable or
moving, whether indoors or out or underground, and the premises and structures
appurtenant thereto, where either temporarily or permanently an employee works
or is intended to work; and
(B) Every place
where there is carried on any process, operation or activity related, either
directly or indirectly, to an employer’s industry, trade, business or
occupation, including a labor camp, wherever located, provided by an employer
for employees or by another person engaged in providing living quarters or
shelters for employees.
(b) “Place of
employment” does not include:
[(a)] (A) Any place where the only employment involves
nonsubject workers employed in or about a private home; and
[(b)] (B) Any corporate farm where the only employment
involves the farm’s family members, including parents, spouses, sisters,
brothers, daughters, sons, daughters-in-law, sons-in-law, nieces, nephews or
grandchildren.
SECTION 2. The
amendments to ORS 654.005 by section 1 of this 2007 Act apply to successors
created or assignments made on or after the effective date of this 2007 Act.
SECTION 3. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect on its passage.
Approved by the Governor June 26, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date June 26, 2007
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