OAR 436-050-0040: Responsibility for Providing Coverage When a Contract is Awarded

Edition: Current OARD snapshotEffective: 2022-01-01Last verified: 2026-09-07

(1) If a person, including a person that is a sole proprietorship, that is responsible to provide coverage for an individual performing labor under ORS 656.029, fails to comply with ORS 656.017, that person is considered a noncomplying employer. As used in this section, “sole proprietorship” means a business entity or individual who performs labor without the assistance of others. (2) As used in ORS 656.029, "the performance of labor where such labor is a normal and customary part or process of the person’s trade or business" includes the day-to-day activities or operations which are necessary to successfully carry out the business or trade. (3) A person contracting to pay remuneration for professional real estate activity as defined in ORS chapter 696, to a qualified real estate broker as defined in ORS 316.209, is not an employer of the qualified real estate broker, and is not required to provide coverage under ORS 656.017.

Official history and status

Statutory/Other Authority: ORS 656.726(4)

Statutes/Other Implemented: ORS 656.029 & ORS 656.037

History: WCD 18-2021, amend filed 12/13/2021, effective 01/01/2022 WCD 5-2016, f. 11-28-16, cert. ef. 1-1-17 WCD 6-2012, f. 10-4-12, cert. ef. 1-1-13 WCD 12-2003, f. 12-4-03, cert. ef. 1-1-04 WCD 5-2001, f. 6-22-01, cert. ef. 7-1-01 WCD 9-1996, f. 3-11-96, cert. ef. 4-1-96 WCD 25-1990, f. 11-29-90, cert. ef. 12-26-90 WCD 7-1989, f. 12-22-89, cert. ef. 1-1-90 WCD 9-1987, f. 12-18-87, cert. ef. 1-1-88 WCD 9-1985, f. 12-12-85, cert. ef. 1-1-86 WCD 5-1985, f. 12-10-85, cert. ef. 1-1-86, Renumbered from 436-051-0052 WCD 7-1983, f. 12-22-83, cert. ef. 12-27-83 WCD 4-1982, f. 2-10-82, cert. ef. 2-15-82 WCD 3-1980, f. & cert. ef. 4-2-80

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Official source: https://secure.sos.state.or.us/oard/