OAR 105-050-0030: Injured Worker Preference for Entry-Level Positions

(1) Definitions: (a) Agency-at-injury: The state agency that employed the injured worker when the compensable injury occurred. (b) Attending Physician: The physician primarily responsible for the injured worker’s care related to the compensable condition in the workers’ compensation claim. (c) Independent and semi-independent agencies: State executive branch agencies not subject to all of ORS 240. (d) Entry-level position: All limited competitive and non-competitive appointment classifications listed in OAR 105-040-0060; all classifications defined as entry in their title; single-level classifications and the first level of a classification series. (2) Injured workers who make a timely demand for reemployment to available, suitable employment in accordance with Oregon Administrative Rule 839-006-0135 may also request consideration for permanent appointment to entry-level positions. (a) The injured worker, seeking such reemployment, submits a written request to the agency-at-injury noting the specific entry-level positions to which he or she seeks appointment along with an updated employment application form. (b) An agency-at-injury, subject to ORS 240, after receiving an eligible injured worker’s request for permanent reemployment in a suitable or entry-level position, places the injured worker on the injured worker list for suitable and entry-level positions. (c) The Chief Human Resources Office provides relevant information to semi-independent and independent state agencies regarding the injured workers who are eligible for reemployment to available, suitable, and entry-level positions. (d) Independent and semi-independent state agencies give priority consideration according to subsection (2)(f) of this rule, to injured workers from other executive branch agencies who make a timely demand for reemployment. (e) CHRO places workers injured in an independent or semi-independent agency on the injured worker list for appropriate classifications following receipt of notice from an independent or semi-independent agency of the injured worker’s timely demand for reemployment to suitable and entry-level positions. (f) All executive branch agencies, when filling vacancies, subject to the restrictions of an applicable collective bargaining agreement, offer entry-level and suitable positions to injured workers who meet the minimum and special qualifications of the position and can perform the duties within permanent restrictions. [ED. NOTE: The Human Resource Services Division State Policies referred to or incorporated by reference in these rules are available from the Human Resource Services Division (HRSD).]