Chapter 721
AN ACT
SB 688
Relating to subject workers for purposes of workers’ compensation
statutes; amending ORS 656.027.
Be It Enacted by the People of
the State of
SECTION 1. ORS 656.027 is amended to read:
656.027. All workers are
subject to this chapter except those nonsubject workers described in the
following subsections:
(1) A worker employed as
a domestic servant in or about a private home. For the purposes of this
subsection “domestic servant” means any worker engaged in household domestic
service by private employment contract, including, but not limited to, home
health workers.
(2) A worker employed to
do gardening, maintenance, repair, remodeling or similar work in or about the
private home of the person employing the worker.
(3)(a) A worker whose
employment is casual and either:
(A) The employment is
not in the course of the trade, business or profession of the employer; or
(B) The employment is in
the course of the trade, business or profession of a nonsubject employer.
(b) For the purpose of
this subsection, “casual” refers only to employments where the work in any
30-day period, without regard to the number of workers employed, involves a
total labor cost of less than $500.
(4) A person for whom a
rule of liability for injury or death arising out of and in the course of
employment is provided by the laws of the United States.
(5) A worker engaged in
the transportation in interstate commerce of goods, persons or property for
hire by rail, water, aircraft or motor vehicle, and whose employer has no fixed
place of business in this state.
(6) Firefighter and
police employees of any city having a population of more than 200,000 that
provides a disability and retirement system by ordinance or charter.
(7)(a)
Sole proprietors, except those described in paragraph (b) of this subsection.
When labor or services are performed under contract, the sole proprietor must
qualify as an independent contractor.
(b) Sole proprietors
actively registered under ORS 671.525 or licensed under ORS 701.035. When labor
or services are performed under contract for remuneration, notwithstanding ORS
656.005 (30), the sole proprietor must qualify as an independent contractor.
Any sole proprietor registered under ORS 671.525 or licensed under ORS 701.035
and involved in activities subject thereto is conclusively presumed to be an
independent contractor.
(8) Except as provided
in subsection (23) of this section, partners who are not engaged in work
performed in direct connection with the construction, alteration, repair,
improvement, moving or demolition of an improvement on real property or
appurtenances thereto. When labor or services are performed under contract, the
partnership must qualify as an independent contractor.
(9) Except as provided
in subsection (25) of this section, members, including members who are
managers, of limited liability companies, regardless of the nature of the work
performed. However, members, including members who are managers, of limited
liability companies with more than one member, while engaged in work performed
in direct connection with the construction, alteration, repair, improvement,
moving or demolition of an improvement on real property or appurtenances
thereto, are subject workers. When labor or services are performed under
contract, the limited liability company must qualify as an independent
contractor.
(10) Except as provided
in subsection (24) of this section, corporate officers who are directors of the
corporation and who have a substantial ownership interest in the corporation,
regardless of the nature of the work performed by such officers, subject to the
following limitations:
(a) If the activities of
the corporation are conducted on land that receives farm use tax assessment
pursuant to ORS chapter 308A, corporate officer includes all individuals
identified as directors in the corporate bylaws, regardless of ownership
interest, and who are members of the same family, whether related by blood,
marriage or adoption.
(b) If the activities of
the corporation involve the commercial harvest of timber and all officers of
the corporation are members of the same family and are parents, daughters or
sons, daughters-in-law or sons-in-law or grandchildren, then all such officers
may elect to be nonsubject workers. For all other corporations involving the
commercial harvest of timber, the maximum number of exempt corporate officers
for the corporation shall be whichever is the greater of the following:
(A) Two corporate
officers; or
(B) One corporate officer
for each 10 corporate employees.
(c) When labor or
services are performed under contract, the corporation must qualify as an
independent contractor.
(11) A person performing
services primarily for board and lodging received from any religious, charitable
or relief organization.
(12) A newspaper carrier
utilized in compliance with the provisions of ORS 656.070 and 656.075.
(13) A person who has
been declared an amateur athlete under the rules of the United States Olympic
Committee or the Canadian Olympic Committee and who receives no remuneration
for performance of services as an athlete other than board, room, rent,
housing, lodging or other reasonable incidental subsistence allowance, or any
amateur sports official who is certified by a recognized Oregon or national
certifying authority, which requires or provides liability and accident
insurance for such officials. A roster of recognized
(14) Volunteer personnel
participating in the ACTION programs, organized under the Domestic Volunteer
Service Act of 1973, P.L. 93-113, known as the Foster
Grandparent Program and the Senior Companion Program, whether or not the
volunteers receive a stipend or nominal reimbursement for time and travel
expenses.
(15) A person who has an
ownership or leasehold interest in equipment and who furnishes,
maintains and operates the equipment. As used in this subsection “equipment”
means:
(a) A motor vehicle used
in the transportation of logs, poles or piling.
(b) A motor vehicle used
in the transportation of rocks, gravel, sand, dirt or asphalt concrete.
[(c) A motor vehicle operated as a taxicab as defined in ORS 825.017.]
[(d)] (c) A motor vehicle used in
the transportation of property by a for-hire motor carrier that is required
under ORS 825.100 or 825.104 to possess a certificate or permit.
(16) A person engaged in
the transportation of the public for recreational down-river boating activities
on the waters of this state pursuant to a federal permit when the person
furnishes the equipment necessary for the activity. As used in this subsection,
“recreational down-river boating activities” means those boating activities for
the purpose of recreational fishing, swimming or sightseeing utilizing a float
craft with oars or paddles as the primary source of power.
(17) A person who
performs volunteer ski patrol activities who receives no wage other than
noncash remuneration.
(18) A person 19 years
of age or older who contracts with a newspaper publishing company or
independent newspaper dealer or contractor to distribute newspapers to the
general public and perform or undertake any necessary or attendant functions
related thereto.
(19) A person performing
foster parent or adult foster care duties pursuant to ORS chapter 411, 418, 430
or 443.
(20) A person performing
services on a volunteer basis for a nonprofit, religious, charitable or relief
organization, whether or not such person receives meals or lodging or nominal
reimbursements or vouchers for meals, lodging or expenses.
(21) A person performing
services under a property tax work-off program established under ORS 310.800.
(22) A person who
performs service as a caddy at a golf course in an established program for the
training and supervision of caddies under the direction of a person who is an
employee of the golf course.
(23)(a) Partners who are
actively registered under ORS 671.525 or licensed under ORS 701.035 and who
have a substantial ownership interest in a partnership. If all partners are
members of the same family and are parents, spouses, sisters, brothers,
daughters or sons, daughters-in-law or sons-in-law or grandchildren, all such
partners may elect to be nonsubject workers. For all other partnerships
registered under ORS 671.510 to 671.710 or licensed under ORS chapter 701, the
maximum number of exempt partners shall be whichever is the greater of the
following:
(A) Two partners; or
(B) One partner for each
10 partnership employees.
(b) When labor or
services are performed under contract for remuneration, notwithstanding ORS
656.005 (30), the partnership qualifies as an independent contractor. Any
partnership registered under ORS 671.525 or licensed under ORS 701.035 and
involved in activities subject thereto is conclusively presumed to be an
independent contractor.
(24)(a) Corporate
officers who are directors of a corporation actively registered under ORS
671.525 or licensed under ORS 701.035 and who have a substantial ownership
interest in the corporation, regardless of the nature of the work performed. If
all officers of the corporation are members of the same family and are parents,
spouses, sisters, brothers, daughters or sons, daughters-in-law or sons-in-law
or grandchildren, all such officers may elect to be nonsubject workers. For all
other corporations registered under ORS 671.510 to 671.710 or licensed under
ORS chapter 701, the maximum number of exempt corporate officers shall be
whichever is the greater of the following:
(A) Two corporate
officers; or
(B) One corporate
officer for each 10 corporate employees.
(b) When labor or
services are performed under contract for remuneration, notwithstanding ORS
656.005 (30), the corporation qualifies as an independent contractor. Any
corporation registered under ORS 671.525 or licensed under ORS 701.035 and
involved in activities subject thereto is conclusively presumed to be an
independent contractor.
(25)(a) Limited
liability company members who are members of a company actively registered
under ORS 671.525 or licensed under ORS 701.035 and who have a substantial
ownership interest in the company, regardless of the nature of the work
performed. If all members of the company are members of the same family and are
parents, spouses, sisters, brothers, daughters or sons, daughters-in-law or
sons-in-law or grandchildren, all such members may elect to be nonsubject
workers. For all other companies registered under ORS 671.510 to 671.710 or
licensed under ORS chapter 701, the maximum number of exempt company members
shall be whichever is the greater of the following:
(A) Two company members;
or
(B) One company member
for each 10 company employees.
(b) When labor or
services are performed under contract for remuneration, notwithstanding ORS
656.005 (30), the company qualifies as an independent contractor. Any company
registered under ORS 671.525 or licensed under ORS 701.035 and involved in
activities subject thereto is conclusively presumed to be an independent
contractor.
(26) A person serving as
a referee or assistant referee in a youth or adult recreational soccer match
whose services are retained on a match-by-match basis.
(27) A person performing
language translator or interpreter services that are provided for others
through an agent or broker.
(28) A person who
operates, and who has an ownership or leasehold interest in, a passenger motor
vehicle that is operated as a taxicab or for nonemergency medical
transportation. As used in this subsection:
(a) “Lease” means a
contract under which the lessor provides a vehicle to a lessee for
consideration.
(b) “Leasehold”
includes, but is not limited to, a lease for a shift or a longer period.
(c) “Passenger motor
vehicle that is operated as a taxicab” means a vehicle that:
(A) Has a passenger
seating capacity that does not exceed seven persons;
(B) Is transporting
persons, property or both on a route that begins or ends in
(C)(i) Carries
passengers for hire when the destination and route traveled may be controlled
by a passenger and the fare is calculated on the basis of any combination of an
initial fee, distance traveled or waiting time; or
(ii) Is in use under a
contract to provide specific service to a third party to transport designated
passengers or to provide errand services to locations selected by the third
party.
(d) “Passenger motor
vehicle that is operated for nonemergency medical transportation” means a
vehicle that:
(A) Has a passenger
seating capacity that does not exceed seven persons;
(B) Is transporting
persons, property or both on a route that begins or ends in
(C) Provides medical
transportation services under contract with or on behalf of a mass transit or transportation district.
Approved by the Governor June 28, 2007
Filed in the office of Secretary of State July 2, 2007
Effective date January 1, 2008
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