ORS 656.172: Applicability of and criteria for establishing program under ORS 656.170.

(1) ORS 656.170 applies only to: (a) An employer incurring or projecting an annual workers’ compensation insurance premium in Oregon of at least $250,000 or an employer that paid an annual workers’ compensation insurance premium in Oregon of at least $250,000 in one of the three years prior to the year in which the collective bargaining agreement takes effect. (b) An employer who qualifies as a self-insured employer under ORS 656.407 and 656.430 that is incurring or projecting annual workers’ compensation costs of at least $250,000 or who has had annual workers’ compensation costs of at least $250,000 in one of the three years prior to the year in which the collective bargaining agreement takes effect. (c) A group of employers who combine for the purpose of obtaining workers’ compensation insurance as provided by ORS 737.316 and incur or project annual workers’ compensation premiums of at least $1 million. (d) A group of employers who qualify as a self-insured employer group under ORS 656.430 and incur or project annual workers’ compensation costs of at least $1 million. (e) Employers covered by a wrap-up insurance policy provided by an owner or general contractor and authorized by ORS 737.602 and 737.604, and that requires payment of annual workers’ compensation premiums of $1 million or more for coverage of those employees covered by the wrap-up insurance policy. (2) An employer or group of employers may not establish or continue a program established under ORS 656.170 until: (a) The employer has provided the Director of the Department of Consumer and Business Services with the following: (A) Upon original application and whenever the collective bargaining agreement is renegotiated, a copy of the collective bargaining agreement and an estimate of the number of employees covered by the collective bargaining agreement; (B) Upon original application and annually thereafter, a valid license when that license is required as a condition of doing business in Oregon; (C) Upon original application and annually thereafter, a signed, sworn statement that no action has been taken by any administrative agency or court of the United States to invalidate the collective bargaining agreement; (D) Upon original application and annually thereafter, the name, address and telephone number of the contact person of the employer or group of employers; and (E) A statement from the insurer or self-insured employer that the insurer or self-insured employer is willing to insure the risk under the terms of the collective bargaining agreement; and (b) The director has approved the proposed program. (3) A collective bargaining representative may not establish or continue to participate in a program established under ORS 656.170 until: (a) The collective bargaining representative has provided the following to the director: (A) Upon original application and annually thereafter, a copy of the most recent LM-2 or LM-3 filing with the United States Department of Labor, and a signed, sworn statement that the document is a true and correct copy; and (B) Upon original application and annually thereafter, the name, address and telephone number of the contact person for the collective bargaining representative; and (b) The director has approved the proposed program. (4) When an employer, a group of employers or a collective bargaining representative has met the eligibility requirements of this section, the director shall issue a letter to the employer, group of employers or collective bargaining representative indicating that such eligibility has been established. [1999 c.841 §3; 2007 c.71 §207]