(1) For the purpose of this chapter, an individual is not a subject worker while commuting in a voluntary commuter ridesharing arrangement unless:
(a) The worker is reimbursed for travel expenses incurred therein;
(b) The worker receives payment for commuting time from the employer; or
(c) The employer makes an election to provide coverage for the worker pursuant to ORS 656.039.
(2) As used in this section “voluntary commuter ridesharing arrangement” means a carpool or vanpool arrangement in which participation is not required as a condition of employment and in which not more than 15 persons are transported to and from their places of employment, in a single daily round trip where the driver also is on the way to or from the driver’s place of employment.