OAR 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.