OAR 436-180-0005: Definitions

Unless a term is defined elsewhere in these rules, the definitions of ORS 656.005 and 656.850 are incorporated by reference and made a part of these rules. For the purpose of these rules, unless the context requires otherwise: (1) “ Board ” means the Workers’ Compensation Board and includes its Hearings Division. (2) “ Client ” means a person to whom workers are provided under contract and for a fee on a temporary or leased basis. “Client” does not include a person that shares common majority ownership with the person providing workers under contract and for a fee. (3) “ Common majority ownership ” means the same person or group of persons owns more than 50 percent of each entity. If an entity owns a majority interest in another entity, which in turn owns a majority interest in another entity, all entities so related are considered to share common majority interest. (4) “ Controlling person ” means: (a) A person who holds an ownership interest greater than or equal to the lesser of: (A) The average ownership interest of all owners; or (B) 10 percent; (b) A person who is an officer or director of a corporation; a member or manager of a limited liability company; a partner of a partnership; or (c) An individual who has the power to direct or cause the direction of the management, policies, or operation of a worker leasing company. (5) “ Coverage ” means assurance that subject workers and their beneficiaries will receive compensation for compensable injuries as provided for under ORS chapter 656 through a workers’ compensation insurance policy or by a self-insured employer. (6) “ Days ” means calendar days unless otherwise specified. (7) “ Director ” means the director of the Department of Consumer and Business Services or the director’s designee. (8) “ Federal Employer Identification Number ” or “ FEIN ” means the reporting number used by the Internal Revenue Service to identify a business entity for federal tax reporting purposes. “FEIN” does not include a Social Security Number or other reporting number used to identify an individual. (9) “ Leased worker ” means any worker provided by a worker leasing company to a client on other than a temporary basis, as described in OAR 436-180-0120. (10) “ License ” means an Oregon worker leasing license issued by the department under ORS 656.855. (11) “ Person ” means an individual, partnership, corporation, joint venture, limited liability company, association, government agency, sole proprietorship, or other business entity allowed to do business in Oregon. (12) “ Proof of coverage ” has the same meaning as in OAR 436-162-0005. (13) “ Worker leasing company ” means a person that provides workers to a client, by contract and for a fee, but does not include a person that provides workers to a client on a temporary basis, as described under OAR 436-180-0120. For the purposes of these rules, a professional employer organization (PEO) is a worker leasing company. (14) “ Worker leasing contract ” means the written agreement between a worker leasing company and a client that establishes the rights, duties, and obligations of each with respect to leased workers. For the purposes of these rules, the effective date of a worker leasing contract is the first date an Oregon subject worker begins work for a client under the contract. (15) “ Written ” means information communicated in writing, and includes electronic records.