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Update from the 2010 legislative session

Short session produces a handful of new laws related to workers' comp or workplace safety.

The Oregon Legislature wrapped up its second experimental short session in early spring. Bills that passed both chambers and have relevance to the workers' compensation system or workplace safety are summarized below.

Home Care Workers (House Bill 3618) | An estimated 8,000 additional home care workers, who are funded by the Department of Human Services, will qualify for workers' compensation insurance through the Health Care Commission, effective January 1, 2011.

Automated External Defibrillators (AED) (Senate Bill 1006) | The 2009 Legislature had passed a bill that took effect on January 1, 2010, and required AEDs at specific sites. The wording of the original bill has been amended slightly and clarified by SB 1006 (2010). The owner of a health club or a place of public assembly must have at least one AED on the premises. "Place of public assembly" is now defined as a single building that has 50,000 square feet or more of indoor floor space and where: (a) the public congregates for purposes such as deliberation, shopping, entertainment, amusement, or awaiting transportation; or where business activities are conducted; and (b) at least 50 individuals congregate on a normal business day. Community colleges and state universities must have at least one AED on campus, regardless of the floor space of the buildings. AEDs must be readily available to each "place of public assembly" on campus. Buildings primarily used for worship or education associated with worship are exempt. The revised standards in this bill took effect on March 4, 2010.

Automated External Defibrillators (AED) (Senate Bill 1033) | Another amendment to the 2009 law will require elementary and high schools to have an AED on the premises by January 1, 2015. (These schools had been exempted from the 2009 law.)

Physician Assistants (House Bill 3642) | A physician assistant will be permitted to practice under the oversight of a "supervising physician organization" as an alternative to oversight by a single physician. The "organization" is a group of attending physicians who collectively supervise physician assistants. The bill took effect on March 10, 2010.

Use of Credit History for Employment Purposes (Senate Bill 1045) | Beginning July 1, 2010, it will be illegal for an employer to obtain or use the credit history of an applicant or employee for employment purposes, including taking discriminatory action based on the information obtained. There are limited exceptions, including public safety officers and bank employees, and where the use of the information is substantially job-related.