OAR 839-014-0630: Waiver from Telephone Requirement

(1) An employer may request a waiver from the requirements of ORS 659A.253(3) and these rules. Prior to the granting of any request for waiver the employer must demonstrate to the Commissioner that: (a) Compliance with the statute and rules would constitute an unreasonable hardship for the employer; and (b) The employer meets any and all requirements of the Division for an emergency medical plan. (2) Persons desiring a waiver, may apply to the Commissioner on a form prepared by the Bureau. The completed waiver application form shall be submitted to the Wage and Hour Division, Farm Labor Unit, 3865 Wolverine Street, N.E., Bldg. E-1, Salem, OR 97305. (3) Persons desiring to obtain a waiver must submit, with the application, a copy of the emergency medical plan, which meets the requirements of the rules of the Division. (4) In determining what circumstances constitute an unreasonable hardship the Commissioner shall consider the following: (a) Any circumstances presented by the employer in support of the application; (b) The number of employees occupying the housing; (c) The location of the housing; (d) The length of time the housing is intended to be occupied; (e) Any other relevant information. (5) In considering the request for the waiver the Commissioner shall consider: (a) The history of the employer in complying with the emergency medical plan; (b) Any other relevant information. (6) The Commissioner may grant the waiver request when the Commissioner determines that the provisions of section (1) of this rule are met. The Commissioner may specify any conditions on approval of the request. If the request is denied, the Commissioner shall state each reason for the denial.