Or. Admin. R. 436-120-0197 - Direct Employment

(1) Direct employment services, generally.
(a) Direct employment services may include, but are not limited to:
(A) Employment counseling;
(B) Job search skills instruction, which teaches workers how to write resumes, research the job market, locate suitable new employment, complete employment applications, interview for employment, and develop other skills related to obtaining suitable new employment;
(C) Job development with related return-to-work activities, which helps the worker contact appropriate prospective employers; and
(D) Job analysis.
(b) If the insurer determines the worker is entitled to direct employment services, the insurer must provide the worker with at least four months of direct employment services.
(c) A direct employment plan must include a description of the worker's transferable skills that relate to the vocational goals and a discussion of why training will not bring the worker a wage significantly closer to 100 percent of the adjusted weekly wage at the time of injury.
(d) Direct employment services must be provided by a counselor.
(e) Direct employment services must begin on the date the insurer approves a direct employment plan, or on the completion date of an authorized training plan.
(f) If the insurer does not approve a direct employment plan within 45 days of determining the worker entitled to a direct employment plan, the insurer must contact the division within five days to schedule a conference.
(A) The purpose of the conference will be to identify and remove all obstacles to plan completion and approval.
(B) The insurer, the worker, the counselor, and any other parties involved in the process must attend the conference.
(C) The conference may be postponed for a period of time agreed on by the parties.
(D) The insurer or the worker may request a conference if other delays in the process occur.
(g) The insurer must provide return-to-work follow-up for at least 60 days after the worker becomes employed to ensure the work is suitable and to provide any necessary assistance that enables the worker to continue the employment.
(2) Responsibilities in direct employment plan.
(a) The worker is responsible for the following in a direct employment plan:
(A) Maintain regular contact with the counselor;
(B) Fully participate in plan services;
(C) Follow up on all job leads in a timely manner;
(D) Be an active participant in the job search;
(E) Accept suitable employment if it is offered and notify the counselor immediately;
(F) Promptly inform the counselor of any problems that might affect participation in the plan; and
(G) Meet any responsibilities agreed to in the plan.
(b) The counselor is responsible for the following in a direct employment plan:
(A) Provide instruction on job-search skills, as necessary;
(B) Provide job development, as necessary;
(C) Provide timely, accurate progress reports to the insurer; and
(D) Meet any responsibilities agreed to in the plan.
(3) Plan amendments.
(a) If the vocational goal is later changed, the insurer must amend the direct employment plan. All amendments to the plan must be initialed by the insurer, counselor, and worker.
(b) If the insurer amends a proposed plan, the insurer must indicate what the changes are and why they are necessary.
(4) Reporting to the director. The direct employment plan and any amendments must be submitted to the division within five days of plan approval using Form 1083, "Direct Employment Plan."


Or. Admin. R. 436-120-0197
WCD 11-1982(Admin)(Temp), f. 12-29-82, ef. 1-1-83; WCD 2-1983(Admin), f. & ef. 6-30-83; WCD 5-1983(Admin), f. 12-14-83, ef. 1-1-84; Renumbered from 436-061-0060, 5-1-85; WCD 7-1985(Admin), f. 12-12-85, ef. 1-1-86; WCD 11-1987, f. 12-17-87, ef. 1-1-88, Renumbered from 436-120-0030; WCD 10-1994, f. 11-1-94, cert. ef. 1-1-95; WCD 6-2000, f. 4-27-00, cert. ef. 6-1-00, Renumbered from 436-120-0075 & 436-120-0083; WCD 14-2001(Temp), f. 12-17-01, cert. ef. 1-2-02 thru 6-30-02; WCD 7-2002, f. 5-30-02, cert. ef. 7-1-02; WCD 6-2005, f. 6-9-05, cert. ef. 7-1-05; WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07; WCD 5-2010, f. 9-15-10, cert. ef. 11-15-10; Renumbered from 436-120-0430, WCD 4-2016, f. 11-28-16, cert. ef. 1/1/2017

Stat. Auth.: ORS 656.340(9) & 656.726(4)

Stats. Implemented: ORS 656.340(7)

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