75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2761
 
                           B-Engrossed
 
                         House Bill 2778
                  Ordered by the Senate May 21
 Including House Amendments dated April 8 and Senate Amendments
                          dated May 21
 
Sponsored by COMMITTEE ON BUSINESS AND LABOR (at the request of
  AFSCME Council 75)
 
 
                             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.
 
  Requires Oregon Department of Administrative Services to adopt
process to identify entry level and light duty assignments for
injured state workers { +  employed by executive or
administrative department of state + }.
  Declares emergency, effective July 1, 2009.
 
                        A BILL FOR AN ACT
Relating to injured state workers; amending ORS 659A.052; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 659A.052 is amended to read:
  659A.052. (1) For the purpose of administration of ORS 659A.043
and 659A.046:
  (a) An injured worker employed at the time of injury by any
agency in the legislative department of the government of this
state shall have the right to reinstatement or reemployment at
any available and suitable position in any agency in the
legislative department.
  (b) An injured worker employed at the time of injury by any
agency in the judicial department of the government of this state
shall have the right to reinstatement or reemployment at any
available and suitable position in any agency in the judicial
department.
  (c) An injured worker employed at the time of injury by any
agency of the executive or administrative department of the
government of this state shall have the right to reinstatement or
reemployment at any available and suitable position in any agency
of the executive or administrative department.
    { - (2) Notwithstanding ORS 659A.043 and 659A.046, an injured
worker referred to in subsection (1) of this section has
preference for entry level and light duty assignments with
agencies described in subsection (1) of this section. In
accordance with the provisions of ORS chapter 183, any agency
referred to in subsection (1) of this section may adopt rules to
define entry level and light duty assignments. However, the
rulemaking power for all agencies referred to in subsection
(1)(c) of this section shall be exercised by the Administrator of
the Personnel Division. - }
   { +  (2) Notwithstanding ORS 659A.043 and 659A.046, an injured
worker referred to in subsection (1) of this section has
preference for entry level and light duty assignments with
agencies described in subsection (1) of this section. The
legislative and judicial departments of the government of this
state may adopt rules to define entry level and light duty
assignments. The Administrator of the Personnel Division by rule
shall adopt a process to identify entry level and light duty
assignments within the executive or administrative department of
the government of this state. + }
  (3) In accordance with any applicable provision of ORS chapter
240, the Administrator of the Personnel Division   { - may - }
 { +  shall  + }compel compliance with this section and ORS
659A.043 and 659A.046   { - by any agency referred to in
subsection (1)(c) of this section - }   { + by any agency of the
executive or administrative department of the government of this
state + }.
  SECTION 2.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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