Oregon care board would set worker standards if funded

The Home and Community-Based Services Workforce Standards Board would set minimum pay, training, and benefit rules for covered care workers. Covered workers include home care workers, disability support workers, and certain residential care staff. Private-pay home care workers and management-level staff are excluded. Standards could not weaken existing worker protections or interfere with care recipients' right to make their own choices. Rules would need legislative funding and any required federal Medicaid approval. The board would reduce or repeal rules if funding fell short. The board would study labor conditions by September 30, 2028, and adopt initial rules no sooner than March 1, 2029. Rules requiring more state spending would wait until the next regular legislative session and require funding in that session.

State officials would appoint an 11-member board to guide care workforce standards. Members would include three worker representatives, three employer representatives, two care recipients, and three state agency representatives. Before setting standards, the board would hold at least one public hearing and consult care recipients about training and personal choice. Appointments would be completed on or before December 31, 2027. The board would meet quarterly, review standards at least every four years, and report to lawmakers and the Governor by June 30 of each even-numbered year.

Employers would explain workers' rights and could not punish workers for exercising those rights or taking part in related proceedings. Covered workers and labor organizations could seek court orders or damages, or file complaints with the Bureau of Labor and Industries. Before suing, the person bringing the claim would give written notice and 30 days from receipt to correct the violation. Timely correction would prevent that lawsuit. Labor organizations could sue only for workers they represent. The Bureau of Labor and Industries could impose penalties up to $1,000 per standards violation. Claims over standards violations could begin no sooner than 90 days after the rule takes effect. Agency complaints would be due within one year of the alleged violation.

The Department of Human Services would maintain a public online directory listing caregivers and covered care workers. Entries would show each person's name, county and city if applicable, certification and endorsements if applicable, and criminal background check status. Caregivers and workers could request exclusion. The website would explain that the directory does not list everyone qualified and trained to provide care.