Or. Admin. Code § 436-120-0443 - Training - General
(1) Training services include but are not
limited to plan development, training, monthly monitoring of training progress,
and job placement services.
(2) The
training plan must be developed and monitored by a counselor.
(3) The selection of plan objectives and the
kind of training must attempt to minimize the length and cost of training
necessary to prepare the worker for suitable employment.
(4) If there are any changes made to the
original training plan, an addendum to Form 1081, "Training Plan," must be
completed, signed by all parties, and submitted to the division.
(5) Basic education may be offered, with or
without other training components, to raise the worker's education to a level
to enable the worker to obtain suitable employment.
(6) On-the-job training prepares the worker
for permanent, suitable employment with the training employer and for
employment in the labor market at large. On-the-job training must be considered
first in developing a training plan.
(7) Occupational skills training is offered
through a community college, based on a predetermined curriculum, at the
training employer's location.
(8)
Formal training may be offered through a vocational school licensed by an
appropriate licensing body, community college, or other post-secondary
educational facility that is part of a state system of higher
education.
(9) Rehabilitation
facilities training provides evaluation, training, and employment for severely
disabled individuals.
(10)
Notwithstanding OAR 436-120-0145(2)(a),
the director may order the insurer, or the insurer may elect, to provide
training outside Oregon if such training would be more timely, appropriate, or
cost effective than other alternatives.
(11) Training status continues during the
following breaks:
(a) A regularly scheduled
break of not more than six weeks between fixed school terms;
(b) A break of not more than two weeks
between the end of one kind of training and the start of another for which the
starting date is flexible; or
(c) A
period of illness or recuperation of the worker that does not prevent
completion of the training by the planned date.
(12) The insurer must pay the worker
temporary disability compensation, under ORS
656.268 and
656.340, when the worker is
actively engaged in an authorized training plan and there is a Form 1081,
"Training Plan," signed by the worker, the insurer, and the counselor who
developed the plan.
(13) Temporary
disability compensation is limited for each eligibility period to 16 months
unless extended to 21 months by the insurer or ordered by the director when the
worker provides good cause. Good cause may include but is not limited to the
reasons given under section (15) of this rule. In no event may temporary
disability compensation during training be paid for more than 21
months.
(14) In addition to other
requirements in OAR chapter 436, the insurer may not end temporary disability
benefits until written notice under OAR
436-060-0015(7)
has been mailed or delivered to the worker and the worker's attorney, if the
worker is represented.
(15)
Training costs may be paid for periods longer than 21 months. Reasons for
extending training may include but are not limited to:
(a) Reasons beyond the worker's
control;
(b) The worker has an
exceptional disability, which is a disability equal to or greater than the
complete loss, or loss of use, of both legs, or a brain injury that results in
impairment equal or greater than Class 3 as defined in OAR
436-035-0390; or
(c) The worker has an exceptional loss of
earning capacity, which exists when no suitable training plan of 18 months or
less will eliminate the worker's substantial handicap to employment. The
extension must allow the worker to obtain, at the time of completion of the
training program, a wage that is as close as possible to the worker's adjusted
weekly wage and greater than could be expected with a shorter training
program.
(16) An eligible
worker is entitled to four months of direct employment services after
completion of training.
(17) When
the worker returns to work following training, the insurer must monitor the
worker's progress for at least 60 days to assure the suitability of the
employment before ending eligibility.
(18) If the worker chooses a training plan
period longer than the worker is entitled to receive under these rules, the
worker may supplement training provided by the insurer by completing
self-sponsored training or studies. For the purpose of this rule,
self-sponsored means the worker is obligated to pay for the training.
(a) The first day of training provided by the
insurer will be considered the training start date and the last day of training
provided by the insurer will be the training end date.
(b) All self-sponsored training must be
completed before the training start date unless the parties otherwise
agree.
(c) During self-sponsored
training, the insurer may provide optional services under OAR
436-120-0187, including but not
limited to payment of expenses for tuition, fees, books, and
supplies.
(d) The training plan
support document must describe how the worker-sponsored training and the
training provided by the insurer will combine to prepare the worker for
suitable employment.
(19)
The insurer must provide further training to a worker if the initial plan will
not be or was not successful to prepare the worker for suitable
employment.
Notes
Statutory/Other Authority: ORS 656.340(9) & ORS 656.726(4)
Statutes/Other Implemented: ORS 656.262 & ORS 656.340
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