Or. Admin. Code § 436-050-0045

Current through Register Vol. 63, No. 12, December 1, 2024

Section 436-050-0045 - Nonsubject Workers

For the purposes of clarifying terms used in ORS 656.027:

(1)"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 lower than the dollar amount published in Bulletin 387.

(2) "Home health worker" does not include a worker employed by a home health agency, as defined in ORS 443.014, or in-home care agency, as defined in OAR 333-536-0005.

(3) "Person performing foster parent or adult foster care duties" means:

(a) A person performing foster parent duties, including, but not limited to:

(A) Any person certified as a foster parent by the Oregon Department of Human Services under ORS chapter 418; or

(B) Any person employed by a certified foster parent in the operation of a foster home as defined in ORS chapter 418; or

(b) A person performing adult foster care duties, including, but not limited to:

(A) Any person operating an adult foster home licensed under ORS 443.705 to 443.825; or

(B) Any person employed by the operator to perform services that assist the residents of the adult foster home.

(c) "Adult foster home," as used in subsection (b), means any family home or facility, licensed under ORS 443.705 to 443.825, in which room, board, and 24-hour care services are provided, for compensation,to five or fewer adults who are not related to the operator by blood or marriage.

(4) "Private employment contract" means a contract under which a worker is directly employed by the owner of the private home. As used in this section, "owner of the private home" means:

(a) Any person who occupies and owns, leases, or rents the private home;

(b) Any person related by blood, marriage, or Oregon registered domestic partnership to a person described under subsection (a); or

(c) Any person who, by direction of a person described under subsection (a), or by order of a court, has become responsible for managing the household affairs of that person.

Or. Admin. Code § 436-050-0045

WCD 7-1991(Temp), f. 10-4-91, cert. ef. 10-7-91; WCD 3-1992, f. 1-10-92, cert. ef. 2-1-92; WCD 1-1998, f. 1-9-98, cert. ef. 1-23-98; WCD 5-2001, f. 6-22-01, cert. ef. 7-1-01; WCD 1-2008, f. 6-13-08, cert. ef. 7-1-08; WCD 6-2012, f. 10-4-12, cert. ef. 1-1-13; WCD 5-2016, f. 11-28-16, cert. ef. 1/1/2017; WCD 20-2018, amend filed 11/15/2018, effective 1/1/2019; WCD 10-2019, amend filed 12/17/2019, effective 1/1/2020; WCD 18-2021, amend filed 12/13/2021, effective 1/1/2022

Statutory/Other Authority: ORS 656.726(4)

Statutes/Other Implemented: ORS 656.027