Oregon Amends Employment Department Law Regulations
Definitions. The term “business” is now defined as any entity carrying on a trade or commercial enterprise that operates either inside or outside of Oregon and includes employers and employing units. The term “establishment” means an economic unit that produces goods or services, usually at a single location, and is engaged in one or predominantly one activity. The term “hosted worker” now specifies the services that such workers perform, including referring job seekers and providing outreach services. The definitions for the terms: “confidential information,” “discharge of duties,” “functional control,” “informed consent,” and “recognized compensation and retirement, relief or welfare laws” have been eliminated.
Responsibility of staff. This new section requires Employment Department staff to safeguard the confidentiality of information collected and to disclose it only as authorized by law. Staff access to information is only on a “need to know” basis in order to perform official duties.
General disclosures. The regulations now require the Department to disclose confidential information to a nongovernmental entity only if the entity enters into a written disclosure agreement with the Department. Such an agreement will require the nongovernmental entity to obtain a written release from the individual or business to whom the information pertains that contains a statement identifying the information, the purpose for which the information will be used, notice that government files will be accessed, and identification of the parties who may receive the information. This subsection now also applies to information released to businesses as well as individuals.
Language that allowed the Department to disclose records to a customer if a staff member is sure that the customer’s identity and the customer to which the information relates are the same individual has been eliminated.
The rules now state that the Department can release information to a third party or agent based on the informed consent of a customer or business if the Department receives a written release that contains a statement identifying the information, the purpose for which the information will be used, notice that government files will be accessed, and identification of the parties who may receive the information. In addition, the Department now will disclose only information that may be provided directly to the customer or business consenting to the disclosure.
Language that allowed CPAs to receive confidential information without a release has been eliminated. The Department may disclose information to an attorney, legislator or other elected official but only such information that would be provided directly to the customer or business consenting to the disclosure.
Business and employment services disclosures. The Department now may disclose confidential information to one-stop delivery system partners if the request is based on a partner’s “need to know” in order to perform the official duties of a program. The Department is now authorized to share business information with system partners if: the Department and the partner have a written disclosure agreement that addresses confidentiality and authorized uses of employer information; the request is based on the partner’s “need to know” in order to perform official duties of the program; the information does not include wage records or tax data; and the information is necessary for providing services to businesses, including training needs and contact schedules.
Workforce and economic research disclosures. Department staff may now share confidential information with public agencies, consultants and contractors working on specific projects if the projects are for purposes of governmental planning; performance measurement; and program, socioeconomic and policy analysis if a disclosure agreement is in place and the requesting entity pays the cost of providing such information.
Language has been eliminated that allowed the Department to disclose confidential information without specific authorization or written agreement to discharge duties under the UI law and comply with mandatory disclosures under the Social Security Act or other federal law. Also eliminated are disclosures to district attorneys pursuant to an arrest warrant; to a court where Oregon is a party; to other agencies in other states and federal agencies under programs such as child support enforcement and fair employment. The subsection addressing disclosures in cases where the Department is served with a subpoena has also been eliminated.
Reprinted with permission. © CCH
(Submitted 9/2/08)
Oregon amends its UI regulations on various topics.