DIVISION 11
APPRENTICESHIP AND TRAINING COUNCIL
General Rules
839-011-0000
Notice of Proposed Rule
Before the adoption, amendment, or repeal of any rule, the Apprenticeship and Training Council shall give notice of the proposed adoption, amendment, or repeal:
(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 calendar days before the effective date.
(2) By mailing a copy of the notice to persons on the Apprenticeship and Training Council's mailing list established pursuant to ORS 183.335(7) at least 28 calendar days before the effective date.
(3) By mailing a copy of the notice to the following persons, organizations, or publications:
(a) Oregon AFL-CIO;
(b) State Building Trades Council;
(c) State Department of Education;
(d) Associated Oregon Industries;
(e) Building Codes Agency;
(f) United Metal Trades Association;
(g) Associated General Contractors;
(h) Associated Builders and Contractors;
(i) United States Department of Labor, Bureau of Apprenticeship and Training;
(j) Associated Press;
(k) Labor Press.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 183.335(7) & ORS 183.360
Hist.: BL 187, f. & ef. 2-19-76; BL 4-1985, f. & ef. 8-8-85,
Renumbered from 839-011-0117; BL 1-1991, f. & cert. ef. 1-23-91;
BL 3-1994, f. & cert. ef. 6-3-94; BL 6-1994, f. & cert. ef.
10-10-94; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0010
Model Rules of Practice and Procedure
Pursuant to ORS 183.341, the Apprenticeship and Training Council adopts the Attorney General's Model Rules of Procedure, effective September 15, 1997, as the Council's rules of administrative procedure. The Model Rules shall control such procedures except as otherwise required by statute or this rule.
[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or Bureau of Labor and Industries.]
Stat. Auth.: ORS 344.745(1) & ORS 660.120(1)
Stats. Implemented: ORS 183.341
Hist.: BL 121(Temp), f. & ef. 3-24-72; BL 127, f. 7-27-72, ef.
8-15-72; BL 130, f. 10-5-72, ef. 10-15-72; BL 163(Temp), f. 6-19-74,
ef. 6-19-74; BL 167, f. 9-20-74, ef. 10-11-74; BL 188, f. & ef.
4-7-76; BL 1-1979, f. & ef. 1-23-79; BL 11-1982, f. & ef.
7-20-82; BL 4-1985, f. & ef. 8-8-85, Renumbered from
839-011-0118; BL 13-1988, f. & cert. ef. 7-1-88; BL 1-1991, f.
& cert. ef. 1-23-91; BL 7-1993, f. & cert. ef. 7-12-93; BLI
2-1999, f. & cert. ef. 4-2-99
839-011-0015
Rules of Order
The Council adopts Roberts Rules of Order for the conduct of meetings; provided, however, that specific Administrative Rules of the Council will take precedence over Roberts Rules of Order.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120
Hist.: BL 4-1985, f. & ef. 8-8-85; BL 1-1991, f. & cert. ef.
1-23-91
839-011-0020
Date and Location of Council Meetings
The Council will hold at least four regular public meetings each year as required by ORS 660.120(2)(g). The date of the next regular Council meeting will be designated by the Chair and will be announced at each Council meeting. Meetings may be scheduled at any location within the State of Oregon selected by the Chair.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120(2)(g)
Hist.: BL 4-1985, f. & ef. 8-8-85; BL 1-1991, f. & cert. ef.
1-23-91
839-011-0025
Meetings and Notice
The Director shall follow the procedures established by the Public Meetings Law, ORS 192.610 to 192.690, to provide notice of Council meetings.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 192.610 - ORS 192.690
Hist.: BL 4-1985, f. & ef. 8-8-85; BL 1-1991, f. & cert. ef.
1-23-91
839-011-0030
Preparation of Agenda
(1) All matters to be included on the agenda must be delivered to the office of the Director by 5:00 p.m. at least 45 calendar days before the date of the next Council meeting. If the 45th calendar day before the next Council meeting falls on either a weekend or holiday, the items for the agenda will be submitted to the Director on the last business day before the 45th calendar day.
(2) All matters on the agenda requesting Council to approve, modify or revoke standards, committees or programs shall be submitted to the Director pursuant to section (1) of this rule.
(3) All other matters to be included on the agenda must be submitted in writing to the Director.
(4)(a) Late submissions for inclusion on the agenda that do not request Council to approve, modify or revoke standards, committees or programs may be considered by Council if a majority of the members agree;
(b) Items approved pursuant to subsection (4)(a) of this rule shall be appropriately placed on the agenda by the Chair.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120(1)
Hist.: BL 4-1985, f. & ef. 8-8-85; BL 1-1991, f. & cert. ef.
1-23-91; BL 6-1994, f. & cert. ef. 10-10-94; BLI 2-1999, f. &
cert. ef. 4-2-99
839-011-0040
Participation by the Public
(1) The Council encourages public participation at Council meetings. Persons not members of the Council who desire to address the Council are required to:
(a) Request to address the Council by signing up to speak at the meeting. A sign-up sheet will be available in the Council meeting room approximately one-half hour before the scheduled meeting time. Individuals who fail to sign may address the Council at the discretion of the Chair;
(b) Indicate on the sign-up sheet:
(A) Name;
(B) Who he/she represents;
(C) Agenda number;
(D) Subject.
(c) Limit initial comments to five minutes per speaker; and
(d) Limit rebuttal to three minutes.
(2) No more than three persons other than members of the Council and Apprenticeship and Training Division staff will be allowed to speak on either side of an issue.
(3) The Chair may request further comment or information, or allow rebuttal.
(4) The Council may end debate at any time.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120
Hist.: BL 4-1985, f. & ef. 8-8-85; BL 1-1991, f. & cert. ef.
1-23-91; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0050
Certificate of Meritorious Service
The Council may grant a certificate of meritorious service to individuals who have devoted a minimum of three years to the service of registered apprenticeship based on either:
(1) Recommendations of joint committees; or
(2) Motion of a Council member.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120
Hist.: BL 4-1985, f. & ef. 8-8-85; BL 1-1991, f. & cert. ef.
1-23-91; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0060
Public Records Request
(1) The Bureau of Labor and Industries shall make available any record requested by any person pursuant to ORS 192.420, provided that the request is in writing and the record requested is not exempt from disclosure under the provisions of ORS Chapter 192, other applicable law, or required to be kept confidential by contract. A reasonable time shall be allowed for the Bureau to locate and retrieve information requested.
(2) The Bureau of Labor and Industries may charge a fee reasonably calculated to reimburse the Bureau for costs of providing and conveying copies of public records:
(a) The Bureau shall charge the requester, unless otherwise specified in OAR Chapter 839, 15¢ per page as reimbursement for the actual costs of locating, reviewing, separating, photocopying, certifying (where requested) and preparing the record(s) for mailing, and normal and reasonable staff time. Any applicable delivery costs or postage will also be charged to the requester. The Bureau shall charge for copies sent by facsimile (fax) machine $5 for the first page and $2 for each page thereafter with a limit of 20 pages. As used in this section:
(A) "Page" refers to the number of copies produced, either 8.5 x 11inches or 8.5 x 14 inches. Staff will not reduce size or otherwise manipulate records to fit additional records on a page, unless staff concludes that it will be the most effective use of their time. A double-sided copy consists of two pages. Because of the increased staff time involved in double-sided copying, there is no reduction in the per page fee.
(B) "Normal and reasonable" staff time is 10 minutes or less per request.
(b) Additional charges for staff time may be made when responding to record requests that require more than normal and reasonable time to respond, or when the search requires supervision by Bureau management or review by the Attorney General. Bureau staff time shall be charged for each hour or fraction thereof at the Bureau's hourly billing rate, by position, as follows:
(A) Supervisor/Administrator--$29.00 per hour;
(B) Investigator/Compliance Specialist/Consultant--$22.00 per hour;
(C) Clerical--$16.00 per hour.
(c) The Bureau shall charge $25 per hour, with a $7.50 minimum, for the staff time required to fill public record requests that require electronic reproduction. Charges include time spent locating, downloading, formatting, copying and transferring records to media.
(d) The Bureau will provide blank reproduction media at the following rates:
(A) Diskettes, 5.25 or 3.5, $1.00 each. (due to the threat of computer viruses, the Bureau will not permit requesters to provide diskettes);
(B) Video Cassettes, two hours, $3.00 each;
(C) Audio Cassettes, $2.00 each.
(e) The charge for a request for records on electronic mail is the actual cost the Bureau to provide such records including staff time and charges by any third party vendor.
(f) The costs of any necessary review of public records requests by the Attorney General shall be charged to the requester at the rate billed by the Department of Justice to the Bureau.
(3) The Bureau may require that all fees assessed pursuant to this rule be paid in cash before furnishing any copies, material, or information requested. The Bureau may require payment in exact change.
(4) Where the request is to inspect records, the Bureau may impose restrictions upon the location where the information requested will be made available for inspection. Where the Bureau allows the person requesting the information to search or inspect Bureau records, the Bureau may, as it deems necessary for the protection of the records, assign an employee to supervise the search. The charge for this service will be in accordance with section (2)(b) of this rule.
(5) The commissioner may waive the requirements to pay the charges described in this rule, or any part thereof, where the commissioner determines that the waiver is in the public interest because making the record available primarily benefits the general public. In determining whether sufficient public interest is demonstrated, relevant factors include:
(a) The requester's identity;
(b) The purpose for which the requester intends to use the information;
(c) The character of the information;
(d) Whether the requested information is already in the public domain; and
(e) Whether the requester can demonstrate the ability to disseminate the information to the public. The requester's inability to pay is also a factor, but is not alone a sufficient basis for a fee waiver.
Stat. Auth.: ORS 344.745(1) & ORS 660.120(1)
Stats. Implemented: ORS 344.745
Hist.: BL 4-1985, f. & ef. 8-8-85; BL 1-1991, f. & cert. ef.
1-23-91; BL 7-1993, f. & cert. ef. 7-12-93; BL 6-1994, f. &
cert. ef. 10-10-94; BL 7-1996, f. & cert. ef. 7-22-96; BLI
2-1999, f. & cert. ef. 4-2-99
839-011-0070
Definitions
(1) "Apprentice" means a worker at least 16 years of age, except where a higher minimum age is otherwise required by law, who is employed to learn an apprenticeable occupation under standards of apprenticeship approved by the State Apprenticeship and Training Council, as defined in ORS 660.010.
(2) "Apprenticeship Agreement" means a written agreement between an apprentice and either the employer or the local joint committee that shall contain the minimum terms and conditions of the employment and training of the apprentice, as defined in ORS 660.010.
(3) "Chair" means the Commissioner of the Oregon Bureau of Labor and Industries who serves as chairperson of the Council pursuant to ORS 660.110(5).
(4) "Commissioner" means the Commissioner of the Bureau of Labor and Industries, as defined in ORS 660.010.
(5) "Council" means the State Apprenticeship and Training Council, as defined in ORS 660.010.
(6) "Council Secretary" means the Oregon State Director of Apprenticeship and Training, as set forth in ORS 660.170(1).
(7) "Director" means the Oregon State Director of Apprenticeship and Training, as defined in ORS 660.010.
(8) "Employer" as defined in ORS 660.010, means any approved person employing the services of an apprentice, regardless of whether such person is a party to an apprenticeship agreement with that apprentice.
(9) "Employee" is defined as any person employed in, or active in, the applicable trade.
(10) "Local Joint Committee," as defined in ORS 660.010, includes local joint apprenticeship committees, local joint training committees and trade committees.
(11) "Minimum Guideline Standards" means industry/trade benchmarks developed and proposed by the appropriate state joint committee and approved by Council representing the fundamental requirements necessary for entry into, and completion of specific Council approved occupational/trade programs.
(12) "Program," as defined in ORS 660.010, means the total system of apprenticeship as operated by a particular local joint committee, including the committee's registered standards and all other terms and conditions for the qualification, recruitment, selection, employment and training of apprentices in that apprenticeable occupation.
(13) "Registration of an Apprenticeship Agreement" means the acceptance and recording of the agreement by the Apprenticeship and Training Division on behalf of the Council. Registration is evidence of the participation of the apprentice in a registered program.
(14) "Registration of a Training Agreement" means the acceptance and recording of the agreement by the Apprenticeship and Training Division on behalf of the Council. Registration is evidence of the participation of the trainee in a registered program.
(15) "Standards" means a written agreement submitted by a local joint committee and approved by the Council, which sets forth a plan containing all terms and conditions for the qualification, employment and training of apprentices or trainees as set forth in ORS 660.126 and 660.137.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(1)
Hist.: BL 6-1985, f. & ef. 10-15-85; BL 7-1991, f. & cert.
ef. 8-15-91 (and corrected 2-3-92); BL 6-1994, f. & cert. ef.
10-10-94; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0072
Formation of Joint Committees
(1) Any person or group interested in forming a joint committee should contact any office of the Apprenticeship and Training Division, Oregon Bureau of Labor and Industries.
(2) The person or group, with the assistance of staff will set a date for an organizational meeting.
(3) At the organizational meeting participants, excluding staff, will:
(a) Adopt Roberts Rules of Order;
(b) Specify the committee name, its geographical jurisdiction, and the occupation or occupations in the case of the trades;
(c) Elect a chair and a secretary, one of whom shall represent employees, the other of whom shall represent employers;
(d) Select committee member nominees and submit their names pursuant to OAR 839-011-0074 on member selection.
(4) Registered apprenticeship programs and training agents shall be responsible for the administrative cost and expenses associated with the operation of their programs. No apprenticeship committee, sponsor or registered training agent shall charge or cause charges to be levied against an apprentice for purposes of financially supporting the administrative, clerical or organizational cost of operating an apprenticeship program. Apprentices may be required to pay the normal cost of tuition for educational services provided by a community college, university, trade school, training center or industry sponsored education facility.
(5) At the discretion of the Council, local committees may charge apprenticeship and training applicants a reasonable non-refundable application fee. Council shall require local committees to:
(a) Revise the local committee's standards to reflect that the minimum qualifications of an applicant shall include payment of a non-refundable application fee. The standards shall also reflect that applicants with an income below 150% of the federal poverty guidelines may apply for a non-refundable application fee waiver. Federal poverty guidelines are established by the Federal Department of Health and Human Services and are recognized by the Oregon Adult and Family Services Division;
(b) Show that the non-refundable application fee results in no disparate impact and report to the Council regarding disparate impact reviews; and
(c) Show that the local committee experiences an extraordinary burden with respect to the administration of applications, i.e., beyond the ordinary course of conducting such procedures. Examples of an extraordinary burden are, but not limited to, development of specific entrance examinations, validation studies and extensive testing procedures or extensive interview procedures.
(d) No local committee shall charge such a fee until approval has been granted by Council.
[Publications: The publication referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120(2)(c), ORS 660.135(1), ORS
660.135(2), ORS 660.135(3), ORS 660.135(4) & ORS 660.135(5)
Hist.: BL 6-1985, f. & ef. 10-15-85; BL 1-1991, f. & cert.
ef. 1-23-91; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0073
Committee Policies
Pursuant to ORS 660.120(2)(a), all local apprenticeship and training committees shall develop and consistently administer operating policies as directed by Council.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.137(2)
Hist.: BL 8-1992, f. & cert. ef. 6-15-92; BL 1-1995, f. &
cert. ef. 8-14-95; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0074
Committee Member Selection, JATC/JAC, TATC/TAC
(1) New Committees:
(a) Members for a new JATC/JAC committee are selected as follows:
(A) Representatives of employers, or an employer organization that represents the industry, shall submit nominations for not less than two nor more than four principal employer committee members to the Director;
(B) Representatives of employees, or an employee organization that represents the concerned employees and that is involved with the concerned occupation, shall submit nominations for not less than two nor more than four principal committee members to the Director. For the purposes of these rules, an individual is eligible to serve as an employee representative only if he/she is or has been a skilled practitioner in the occupation he/she represents and does not serve in a supervisory capacity as defined in the National Labor Relations Act (as amended); or is a bargaining unit representative for the employees of an employer(s) recognized as an approved training agent by the committee.
(b) Members for a new TATC/TAC committee are selected as in subsection (1)(a) of this rule except: Only one principal employee representative and one principal employer representative are allowed for each occupation within the TATC/TAC;
(c) The Director shall list the names of the nominees on the next Council agenda;
(d) After consideration of whether the appointments provide a balanced representation of the viewpoints of employer and employee groups, the Council will approve equal numbers of employers and employees to each committee;
(e) The Council may request the names of additional nominees if it does not approve of one or more of the nominees.
(2) Member Vacancies: When a member vacancy occurs on a committee, it shall be filled according to the member selection process contained in subsection (1)(a) of this rule.
(3) If either employers or employees cannot or will not recommend nominees for the committee, the Apprenticeship Representative for the area may recommend member(s) involved with the concerned occupation, and forward the name of the individual(s) to the Director. The Director will evaluate the individual(s), and if appropriate, provide interim approval pending submittal of the names of the individual(s) to the Council for approval according to the procedures of section (1) of this rule.
(4) Alternate Committee Members:
(a) There may be one, but no more than one, alternate committee member for each principal committee member and they shall be selected according to the procedures to select the principal committee members as set forth in this rule;
(b) Alternates shall serve in the absence of principal members consistent with ORS 660.135(2): "The alternate members may attend all committee meetings, participate in discussions and perform such duties as may be delegated to them by the committee, but may be not vote at committee meetings except when actually serving to substitute for an absent principal committee member for their respective employer or employee."
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.145
Hist.: BL 6-1985, f. & ef. 10-15-85; BL 1-1991, f. & cert.
ef. 1-23-91; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0078
Removal of Committee Members
(1) The Council will remove committee members only for inactivity, inadequate activity, or failure to abide by ORS Chapter 660, or the rules and policies of the Council, pursuant to ORS 660.120(2)(d).
(2) The Council may also remove committee members upon the recommendation of the committee as set forth in section (3) of this rule. Each committee will establish its own written policy on what constitutes activity or inactivity.
(3) Committee(s) may recommend removal of a member subject to the following conditions:
(a) Only employer committee members may recommend and vote for removal of an employer member and such action shall be noted in the committee meeting minutes;
(b) Only employee committee members may recommend and vote for removal of an employee committee member and such action shall be noted in the committee meeting minutes;
(c) If the committee is a trade committee, only employer committee members may recommend and vote for removal of an employer member from another occupation within the committee, while only employee committee members may recommend and vote for removal of an employee member from another occupation within the committee and such action shall be noted in the committee meeting minutes.
(4) The Director shall include such recommendations as recorded in committee meeting minutes on the Council Agenda.
(5) Notwithstanding OAR 839-011-0074, the Council may appoint a replacement committee member at the same meeting at which it removes a member.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120(2)(d)
Hist.: BL 6-1985, f. & ef. 10-15-85; BL 1-1991, f. & cert.
ef. 1-23-91
839-011-0082
Dissolving Committees
The Council will dissolve committees for inactivity, inadequate activity, or failure to abide by ORS Chapter 660 or the rules and policies of the Council pursuant to ORS 660.120(2)(d), or if the committee has informed the Director or the Council that it will no longer perform its duties.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120(d)
Hist.: BL 6-1985, f. & ef. 10-15-85; BL 1-1991, f. & cert.
ef. 1-23-91
839-011-0084
Approval of New Committees and Standards
(1) Any additional committees or standards in an area already served by a committee in the same trade, craft or occupation shall be established in the same manner as any other joint committee.
(2) All employers and their qualified employees shall be afforded the opportunity to participate, on a non-discriminatory basis, in existing programs.
(3) The Council will approve the creation of a new local joint committee or new standards for an existing committee only if the applicant for the new program or new standards can first demonstrate to the Oregon State Apprenticeship and Training Council, by a preponderance of evidence, that the application is in conformity with the following requirements:
(a) The applicant shall submit documentation showing committee composition pursuant to ORS 660.135, .145.
(b) The applicant shall submit standards in a format approved by the Council that meet or exceed any existing statewide guideline standards (ORS 660.137(1), .226, .155) for the occupation. Where no state guideline standards exist, proposed standards shall meet or exceed national guideline standards approved by the United States Department of Labor. Where no state or national guideline standards exist, standards will be approved at the discretion of the Council when the proposed occupation is clearly identified and commonly recognized throughout an industry.
(c) The applicant shall submit an administration plan that includes:
(A) Written designation of the program administrator;
(B) Documented assurances that the committee will be adequately funded to support its administration and the presentation of related instruction;
(C) Detailed statements of direct costs to apprentices/trainees (including instruction, books, tuition); and
(D) Assurances that training agents and prospective training agents will be provided with a written statement of costs for program participation.
(d) The applicant must demonstrate the ability to track required training, educational and affirmative action information (i.e., work progress reports, apprentice/trainee rotation system, employer's apprentice/trainee evaluation forms, grading sheets, applicant logs) and provide the Council with copies of the forms and documents that will be used to track such information.
(e) The applicant shall submit a plan detailing how the committee will ensure that participating employers will provide work in all areas covered by the program standards (ORS 660.137(5)), including:
(A) Training in all counties listed in proposed geographical area;
(B) Training in all work processes set forth in the standards;
(C) Committee expectations of supervising journey workers and a plan for the supervision of apprentices/trainees in the ratio set forth in the standards (ORS 660.126(1)(c), (f));
(D) Training agent qualifications and duties (ORS 660.137(5)); and
(E) A plan for training participating employers on their duties and responsibilities.
(f) The applicant shall submit a complete related training curriculum, including instructor qualifications, class outlines and expected competencies, grading procedures and completion criteria. This submission shall include:
(A) An explanation of the curriculum delivery method and a description of the related training facilities;
(B) Certification of the curriculum and instructional delivery plan by either a state education certifying authority or nationally recognized industry association (ORS 660.137(2)(c), .126(1)(j), .157); and
(C) Assurances that classroom and related instruction can be delivered throughout the geographic area. The applicant must submit a contract or other documentation demonstrating that actual instructional resources are in place. The committee's geographic area must be one that can be reasonably served by the committee with respect to employers and the location of the related training services (ORS 660.126(1)(a)).
(g) The applicant must submit operating policies and procedures and assurances that the program will be operated in accordance with the same;
(h) The applicant shall submit a plan to recruit, evaluate and select apprentice/trainee applicants, including an application form that meets Council requirements.
(4) All objections to the approval of a new committee or new standards shall be submitted to the Council in writing at the meeting where the application is being considered for approval, specifically detailing any objections to the application. Council may rule on the application and objections thereto at that time or grant the applicant 30 days after the Council meeting to submit a written rebuttal to the objections to the Director. Council shall direct the Director to investigate and evaluate the objections and rebuttal and provide a report to Council within 45 days of receipt of the rebuttal statement. At the next Council meeting after the initial submission, Council shall either approve or deny the application and provide a specific written explanation for its actions.
(5) All new programs shall serve a probationary period of three years after approval by Council. Failure to clearly demonstrate the ability to operate a satisfactory program during the probationary period, based upon periodic program reviews conducted by the Division, shall result in cancellation of the program by Council.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.135(1)
Hist.: BL 6-1985, f. & ef. 10-15-85; BL 1-1991, f. & cert.
ef. 1-23-91; BLI 2-1999, f. & cert. ef. 4-2-99; BLI
16-2005(Temp), f. & cert. ef. 8-23-05 thru 2-19-06;
Administrative correction 3-20-06; BLI 16-2006, f. 4-17-06, cert. ef.
4-18-06
839-011-0086
Division Service to Committees
No Division staff may be elected, or appointed to any position within a committee.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.135(2) & ORS 660.135(5)
Hist.: BL 6-1985, f. & ef. 10-15-85; BL 1-1991, f. & cert.
ef. 1-23-91
839-011-0088
Registration of Apprenticeship Agreements
(1) The Council delegates registration of apprenticeship agreements to the Apprenticeship and Training Division, and recognizes an agreement as registered when:
(a) It is on a form which has been approved pursuant to ORS 660.020 and issued by the Division;
(b) Information requested on the form as authorized by ORS 660.020 has been supplied by the apprentice. The requested information includes, but is not limited to:
(A) Social Security Number for identification purposes only; and
(B) The apprentice's signature indicating the release/non-release of information to the Shared Information System.
(c) It has been signed by the apprentice, and the local joint committee acting as the employer's agent; or the apprentice's employer with approval of the local joint committee pursuant to joint committee rules. Approval must be recorded as soon as possible at a committee meeting;
(d) The agreement has been submitted to and accepted by a representative of the Division.
(2) The effective date for the starting of apprenticeship or training for any apprentice or trainee shall be not more than three (3) months or ninety (90) days prior to the date that a fully executed agreement is submitted to and accepted by a representative of the Division.
(3) Any previous time spent by the apprentice or trainee in the trade, that the committee considers applicable to the training, shall be indicated as credit for previous experience, with the effective date as the date of approval of the application by the appropriate local committee. All local committees shall develop and implement a policy detailing the process through which previous experience is uniformly evaluated and credit awarded for advanced standing of a new apprentice in either or both on-the-job and related training.
(4) The local Apprenticeship and Training Division office will forward the agreement to the Division's main office where all agreements shall be maintained.
Stat. Auth.: ORS 660.120(1) & ORS 660.020
Stats. Implemented: ORS 329.965 & ORS 660.060(8)
Hist.: BL 6-1985, f. & ef. 10-15-85; BL 1-1991, f. & cert.
ef. 1-23-91; BL 7-1996, f. & cert. ef. 7-22-96; BLI 2-1999, f.
& cert. ef. 4-2-99
839-011-0090
Causes for Disciplinary Actions by Council
The Council has the authority to take disciplinary action against a committee for conduct or action, including but not limited to:
(1) Inappropriate use of an apprentice's or apprentices' time, skills or training;
(2) Inadequate training of an apprentice(s);
(3) Inappropriate assignment or abuse of discretion in work assignments;
(4) Discriminatory action(s) against an apprentice(s);
(5) Violation of any state or federal law; or
(6) Any other action deemed inappropriate by the Council.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(1) & ORS 660.120(2)(d)
Hist.: BL 6-1994, f. & cert. ef. 10-10-94; BLI 2-1999, f. &
cert. ef. 4-2-99
839-011-0093
Disciplinary Procedure
The Council shall establish a disciplinary procedure, to be applied before any disciplinary action toward a committee, consisting of but not limited to:
(1) A request to appear before Council to present information and answer questions from the Council; and
(2) A written notice of Council's decision in the matter.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(1) & ORS 660.120(2)(d)
Hist.: BL 6-1994, f. & cert. ef. 10-10-94; BLI 2-1999, f. &
cert. ef. 4-2-99
839-011-0095
Disciplinary Actions
Where violations in the apprenticeship program by a committee are found by the Council after a review of all relevant facts, including the opportunity for the committee to make a presentation before the Council, the Council may vote to:
(1) Censure the committee;
(2) Place the committee on probation for a specific period of time;
(3) Order specific actions to correct the violations;
(4) Impose sanctions pursuant to existing Council policies and interpretations; or
(5) Decertify the committee.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(1) & ORS 660.120(2)(d)
Hist.: BL 6-1994, f. & cert. ef. 10-10-94; BLI 2-1999, f. &
cert. ef. 4-2-99
839-011-0140
Rules for Approving or Disapproving Apprenticeship Standards Submitted by Appropriate Committees
Before the submission of any standards or modifications thereto pursuant to ORS 660.120, 660.126, or 660.137, the local committee shall ensure the following criteria have been met:
(1) The proposed standards have been filed with the Director in a proper and timely manner. The proposed standards have been submitted to the Director at least 45 calendar days before the date of the next Council meeting. If the 45th calendar day before the date of the next Council meeting falls on either a weekend or holiday, the items for the agenda will be submitted to the Director on the last business day before the 45th calendar day.
(2) The proposed standards are to be in a form and format approved by Council, including but not limited to:
(a) Language and terminology as established by the Apprenticeship and Training Division;
(b) Minimum qualifications for applicants;
(c) Geographical area;
(d) Hours of employment and work process;
(e) Related training hours and subjects;
(f) Wage schedule and apprenticeship periods;
(g) The maximum number of apprentices in numeric ratio to journeypersons, consistent with proper supervision, training, safety, industry needs and continuity of employment in terms of job site, work force, department or plant; and
(h) Probationary period.
(i) Signature sheets and meeting minutes must be submitted with proposed or revised standards. Council may require additional information of committees regarding program administration and training plans.
(3) Standards not in a form or format approved by Council may be granted when they are part of BAT approved national pattern standards and are consistent with BAT regulations and guidelines, these rules and Council policies.
(4) The Director has given adequate public notice that the Council will consider standards submitted for approval at its next meeting.
(5) Any apprenticeship or training standards referred back to local committees for revision may be approved by the Director when revised according to Council action.
(6) As a program's new or revised standards are approved, they shall supersede its previous standards covering the same occupation or geographical area.
(7) Any standards to which apprentices have not been registered for two or more years will be reported to the Council for dissolution. Thereafter, new standards must be approved prior to registration of any new apprentices.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(2)(b), ORS 660.126 & ORS
660.137
Hist.: BL 95, f. 8-16-65; BL 130, f. 10-5-72, ef. 10-15-72; BL
3-1978, f. & ef. 4-3-78; BL 13-1988, f. & cert. ef. 7-1-88;
BL 1-1991, f. & cert. ef. 1-23-91; BL 6-1994, f. & cert. ef.
10-10-94; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0145
Compliance Reviews
Apprenticeship and Training Division staff will conduct an Affirmative Action Compliance Review annually for all programs on a form and in a format approved by the Council.
(1) The Affirmative Action Compliance Review shall include an analysis of the following items for the time period specified by the Council:
(a) Selection method;
(b) Affirmative action, equal employment opportunity records and performance;
(c) Apprentice interviews, where applicable;
(d) Records, including but not limited to, applications, logs, interviews, selection criteria, ranking lists, results, committee meeting minutes, standards and any other pertinent documentation; and
(e) Results of the review.
(2) The Director shall develop and maintain a reporting schedule for Affirmative Action Compliance Reviews. The schedule will specify which programs are scheduled for review at a designated Council meeting. The Director shall provide a copy of the review schedule to committee chairpersons once a year.
(3) Upon receipt of the Affirmative Action Compliance Review reports the Council may take any action including the following, but not limited to:
(a) Approve the report;
(b) Refer the report back for further clarification;
(c) Extend the review period for up to six months;
(d) Order a probationary period including more frequent and detailed program reviews;
(e) Direct compliance and/or corrective actions accordingly;
(f) Impose sanctions;
(g) Act to dissolve the committee and/or standards for cause or non-compliance; or
(h) Any other action as directed by the Council.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(2)(a) & ORS 660.120(2)(f)
Hist.: BL 16-1979, f. & ef. 11-8-79; BL 6-1994, f. & cert.
ef. 10-10-94; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0160
Formation and Filling of Vacancies of State Joint Committees
State joint committees shall be formed and vacancies filled pursuant to ORS 660.155.
Stat. Auth.:
Stats. Implemented: ORS 660.155
Hist.: BL 130, f. 10-5-72, ef. 10-15-72
839-011-0162
Employer Training Agents
(1) Where two or more programs of the same occupation exist in the same geographical area an employer may not serve as an approved training agent for more than one such program at a time.
(a) In the event an employer has been approved as a training agent by two or more of such programs, the Division shall notify the employer and the appropriate committees of this rule and require that the employer respond within twenty working days of receipt of the notice, designating the program in which the employer chooses to continue and resigning from all others. Such notice shall be sent by certified mail, return receipt requested.
(b) An employer who does not respond pursuant to section (1)(a) of this rule, shall be deemed conclusively to have elected to resign as a training agent from all such programs. The Division shall notify the committees serving programs in which the employer had participated that the employer's training agent status has been revoked by operation of this rule.
(2) No employer shall be required to join an industry or trade association as a condition of approval as a training agent.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120(1) & ORS 660.137(5)
Hist.: BL 17-1979, f. & ef. 11-8-79; BL 1-1991, f. & cert.
ef. 1-23-91; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0170
Committee Minutes Submission and Processing
As required in ORS 660.135(3), each committee secretary shall be responsible for the preparation, maintenance and submission of committee meeting minutes, including actions pertaining to apprentices and all supporting documentation, to the Apprenticeship and Training Division.
(1) All committee meeting minutes shall be submitted in a format approved by the Division within ten (10) working days of the meeting.
(2) All committee meeting minutes' actions shall be recorded and processed by the Division within ten (10) working days of receipt of the minutes.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(1) & 660.135(4)
Hist.: BL 6-1994, f. & cert. ef. 10-10-94; BLI 2-1999, f. &
cert. ef. 4-2-99
839-011-0175
Cancellation Notices
All notices to appear for cancellation of apprenticeship agreements must be postmarked at least 22 calendar days in advance of the appearance date for the consideration of the cancellation.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660
Hist.: BL 6-1994, f. & cert. ef. 10-10-94; BL 11-1996, f. &
cert. ef. 12-10-96
839-011-0200
Equal Employment Opportunity in Apprenticeship
(1) The Apprenticeship and Training Council hereby adopts the "Equal Opportunity in Apprenticeship Plan," effective April 1, 1999, and incorporated by reference as if fully set forth in these rules.
(2) "Copies of the Equal Opportunity in Apprenticeship Plan" are available from any office of the Apprenticeship and Training Division. The offices are located in Bend, Eugene, Medford, Portland and Salem and listed in the blue pages of the telephone book.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120
Hist.: BL 120, f. 2-16-72, ef. 3-1-72; BL 151(Temp), f. & ef.
12-19-73; BL 159, f. 3-8-74, ef. 4-11-74; BL 168, f. 10-11-74, ef.
11-11-74; BL 9-1978(Temp), f. & ef. 9-15-78; BL 13-1978, f. &
ef. 12-8-78; BL 2-1988, f. & cert. ef. 2-19-88; BL 1-1991, f.
& cert. ef. 1-23-91; BL 8-1991(Temp), f. 8-15-91, cert. ef.
9-1-91; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0250
Agreements During Labor Disputes
(1) Pursuant to the National Labor Relations Act and Title 29 CFR Parts 29.3(h) and 29.12(10), when a labor dispute exists with an employer or prospective employer in a single employer program, the Council will not:
(a) Approve changes in existing standards;
(b) Approve new standards;
(c) Register additional apprentices for the employer; or
(d) Review information of new committees until the labor dispute has been resolved or the representative union has tendered a written waiver of its objections to the employer or prospective employer's participation.
(2) Pursuant to the National Labor Relations Act and Title 29 CFR Parts 29.3(h) and 29.12(10), when a labor dispute exists with an employer or prospective employer in a multi-employer program, the local committee will not:
(a) Provide additional apprentices to the employer or prospective employer engaged in the labor dispute; or
(b) Grant training agent status until the labor dispute has been resolved or the representative union has tendered a written waiver of its objections to the employer or prospective employer's participation.
(3) For purposes of this rule, a labor dispute exists for an employer where:
(a) There is a collective bargaining agreement in effect, or where employees have voted for a bargaining agreement; and
(b) There is a strike, lock out or work stoppage.
(4) Apprentices or trainees subject to apprenticeship or training agreements and employed in an establishment involved in a labor dispute where the employees have voted for a bargaining unit and a strike is in progress are not in violation of their agreements if they leave their employment until settlement of the labor dispute.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the Bureau of Labor and Industries.]
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120
Hist.: BL 7-1986, f. & ef. 7-14-86; BLI 2-1999, f. & cert.
ef. 4-2-99
839-011-0260
Movement and Training of Apprentices within the Same Occupation
(1) Apprentices who are registered to a particular employer and/or committee and deployed by the employer/committee to an area outside of committee jurisdiction may receive related training with the consultation and agreement of the appropriate joint committee in the new area.
(2) Each local committee shall develop and uniformly implement a policy defining its processes and procedures for the immigration of employers and apprentices into its geographical area and jurisdiction. Each policy must contain the committee's processes and procedures addressing:
(a) The authorization of approved training agents domiciled in other jurisdictions;
(b) The portability of apprentices; and
(c) The hiring priority, if any, of unemployed apprentices within the jurisdiction.
(3) The policies of each committee shall be reviewed and approved by Division staff on behalf of the Council.
(4) In the event that a policy is not approved by the Division, it shall be referred to the Council's Rules and Policy Subcommittee for review and action.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120
Hist.: BL 7-1986, f. & ef. 7-14-86; BL 1-1991, f. & cert. ef.
1-23-91; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0265
Partial Rotation of Apprentices
(1) All apprentices must obtain work experience for at least 50% of the hours listed for each work process in the committee's approved standards. In the event that a committee cannot provide an apprentice with work experiences equaling at least 50% of the hours listed for each work process set forth in the standards, the committee must include a written statement in the apprentice's file documenting that the apprentice has had adequate related training to compensate for the lack of on-the-job training.
(2) For licensed occupations, all variations in work processes must be within the statutory limits governing the trade.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120
Hist.: BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0270
Administrative Cancellation or Completion of Apprenticeship Agreements
(1) Whenever a local committee has insufficient members to conduct business, has not met at least once within a six-month period or has been dissolved by Council, the Director may:
(a) Cancel an apprenticeship agreement:
(A) At the apprentice's request; or
(B) For good cause. For the purposes of this rule, "Good Cause" is defined by ORS 660.060(7) "...which includes but is not limited to failure to report to work, nonattendance at related training, failure to submit work progress reports and a lack of response to committee citations, with due notice to the apprentice...";
(C) In the case of the dissolution of a committee, or for lack of training standards.
(b) Complete an apprenticeship agreement when notice has been forwarded to the Director indicating that the apprentice has complied with the required standards established by the committee.
(2) Such action by the Director or the committee shall be taken pursuant to the following procedure:
(a) Notice shall be provided by certified mail to the apprentice, employer, committee, Council, and any interested parties before to any action; and
(b) Written notice to the apprentice, employer, committee, Council, and any interested parties of the final action taken by the Director.
(3) An apprentice may appeal an administrative cancellation as an order other than a contested case order under ORS 183.484.
Stat. Auth.: ORS 660.120
Stats. Implemented: ORS 660.120(2)(f)
Hist.: BL 7-1986, f. & ef. 7-14-86; BL 1-1991, f. & cert. ef.
1-23-91; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0280
Electrical Apprentices -- 6,500 Hours
(1) A local committee, as defined in ORS Chapter 660, may take action to permit electrical apprentices to work under indirect supervision during their final term(s) of apprenticeship provided they have met the provisions of ORS 479.510 to 479.860 and have:
(a) 6,500 hours of on-the-job training approved by the appropriate committee;
(b) Successfully completed related training appropriate to the required 6,500 hours of on-the-job training;
(c) Conformed to the requirements of OAR 918-282-0270(3).
(2) The local committee shall take such actions to approve indirect supervision during committee meetings and detail the actions taken in committee minutes.
(3) The Division shall issue special identification cards to the above designated apprentices pursuant to this rule.
(4) Identification cards will be reissued by the Division upon request from local committees pursuant to their rerating procedure.
(5) The format of the special identification card shall be jointly agreed to by the Building Codes Division and the Apprenticeship and Training Division.
Stat. Auth.: ORS 660.
Stats. Implemented: ORS 479.510 - ORS 479.860 & OAR
918-320-0190(6)
Hist.: BL 11-1989(Temp), f. & cert. ef. 12-26-89; BL 17-1990, f.
& cert. ef. 11-23-90; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0290
Plumber Apprentices -- Phased Supervision
(1) A local committee, as defined in ORS Chapter 660, may adopt appropriate policies and take action to permit a plumbing apprentice to work without direct supervision, pursuant to OAR 918-690-0085, under the following circumstances:
(2) The plumber apprentice must work in the physical presence of an appropriate journey level plumber. This requires an appropriate journey level plumber's presence at the immediate work site at all times, except for not more than a cumulative 30 minutes during any work shift during which time the journey person is immediately available by voice communication.
(3) The plumber apprentice may work with limited (indirect) supervision when the following specific conditions are met:
(a) The appropriate journey person is immediately available to the apprentice by voice communication (immediately available means that the apprentice can reach the appropriate journey person within a 15-minute period); and
(b) The appropriate journey person meets with the apprentice at least once each day to go over the work done by the apprentice; and
(c) The activity is consistent with the committee's work requirements as established in its written policy; and
(d) There is only one apprentice on the job site and:
(A) The apprentice only engages in water heater replacement or conversion after completing at least six months of work experience, eight hours of related instruction and is evaluated and authorized to do this type of work by the committee; or
(B) The apprentice only engages in minor repairs in a one or two family dwelling after completion of three periods of work experience, the appropriate related instruction for three periods and is evaluated and authorized to do this type of work by the committee; or
(C) The apprentice only engages in general repairs and replacement of existing installations after completion of four periods of work experience, the appropriate related instruction for four periods and is evaluated and authorized to do this type of work by the committee; or
(D) The apprentice only engages in new or remodel installations after completing five periods of work experience, the appropriate related instruction for five periods and is evaluated and authorized to do this type of work by the committee.
(E) The apprentice progresses in phases and as they progress through each phase they may be authorized to participate in the work processes of the preceding phase provided they have been evaluated and authorized to do the specific types of work by the committee.
(4) An "appropriate journey person" is defined as an individual who holds a license equivalent to the license provided to individuals upon completion of the apprenticeship program in which the apprentice is registered.
Stat. Auth.: ORS 660
Stats. Implemented: ORS 693.040 & OAR 918-695-0140
Hist.: BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0300
Effective Date of Council Actions
All Council actions, other than rulemaking, unless otherwise specified by the Council, shall be effective on the first day of the month following the Council meeting at which such action is taken.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120
Hist.: BL 7-1991, f. & cert. ef. 8-15-91 (and corrected
2-3-92)
839-011-0310
Apprentice Rights
Upon registration the local committee shall provide each apprentice with the following information:
(1) Apprenticeship Standards for the program in which the apprentice is registered;
(2) Committee policies;
(3) Apprentice responsibilities as determined by the committee;
(4) Complaint resolution procedure; and
(5) Copy of the apprenticeship agreement.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(2)(a)
Hist.: BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92);
BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0320
Presentations to Council
(1) The Council shall require a committee member or designee other than Division or BAT staff to be present at the Council's Standards Review Subcommittee meetings when seeking approval for:
(a) New committee;
(b) New standards.
(c) Revised standards that do not have a staff recommendation for approval.
(d) New or revised selection methods that do not have staff recommendation for approval.
(2) The Council will not require a committee member or designee to be present at the Council's Standards Review Subcommittee meetings when seeking approval for:
(a) Revised standards that have staff recommendation for approval;
(b) New or revised selection procedures that have staff recommendation for approval.
(3) The Council shall require a committee member or designee other than Division or BAT staff to be present at the Council's Program Quality Review Subcommittee meeting when seeking approval for:
(a) New or revised affirmative action plan that do not have staff recommendation for approval;
(b) Compliance review reports and/or responses that do not have staff recommendation for approval.
(4) The Council will not require a committee member or designee to be present at the Council's Program Quality Review Subcommittee meetings when seeking approval for:
(a) New or revised affirmative action plan that have staff recommendation for approval.
(b) Compliance review report or responses that have staff recommendation for approval.
(5) When a committee member or designee is not required to be present at a subcommittee meeting according to section (2) or (4) above and questions or deficiencies are note by the subcommittee, the sponsor may be given ten (10) working days to correct the deficiencies and obtain staff recommendation for approval.
(a) If deficiencies are corrected, the submittal will be moved to the Council agenda.
(b) Any submittal that has deficiencies that are not corrected within the 10 day time limit will be referred to the next meeting of the appropriate subcommittee.
(6) The Director, at his or her discretion, may make exceptions to this rule upon receipt of a written request from the committee setting forth circumstances, such as an emergency or undue hardship, that might justify a failure to attend the Subcommittee meeting.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(2)(a)
Hist.: BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92);
BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0330
Minimum Qualifications
(1) The Council shall not consider proposed standards, either new or revised that contain any of the following requirements within their minimum qualifications:
(a) Physical ability to do the job, unless it specifically references an occupational requirement, such as lifting a sack of cement to a specified height;
(b) Any tests (including color tests) that do not meet the validity requirements under 41 CFR 60.3;
(c) Requires a valid drivers license;
(d) Requires a medical exam.
(2) Standards submitted containing any of the above requirements will not be placed on the Council agenda.
(3) The minimum qualification section of standards, however, may include a note that advises applicants that employers may require a drivers license and/or medical exam as a condition of employment.
[Publications: The publication referred to or incorporated by reference in this rule is available from the agency.]
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(2)(a)
Hist.: BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92);
BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0332
Apprenticeship Qualification Standards
(1) Every local apprenticeship committee or trade committee shall propose to the State Apprenticeship and Training Council any new qualification standards for apprentice applicants, apprentice selection methods and any substantive revisions to previously approved qualification standards or selection methods.
(2) The Council shall evaluate proposed new qualification standards or selection methods and revisions to previously approved qualification standards and selection methods pursuant to the criteria set forth in Title 29 CFR Part 30, the objectives expressed by the committee or sponsor and such other factors as the Council may deem appropriate.
(3) Evaluation of proposed qualification standards or selection methods by Council shall include an analysis of whether the qualification standards or proposed selection method would result in an adverse impact upon any protected class of applicants.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: SB 791 (1999)
Hist.: BLI 17-1999, f. & cert. ef. 12-20-99
839-011-0334
Eligibility of Family and Current Employees
(1) To the extent that the State Apprenticeship and Training Council determines that it would not result in an adverse impact on apprenticeship opportunities based on an individual's protected class status, an applicant who is otherwise eligible for selection as an apprentice under the selection method approved by the Council for use by the local committee may be directly indentured to a family business or the applicant's current employer, subject to the consent of the applicant, regardless of whether another employer would otherwise be entitled to indenture the applicant under the selection method used by the local committee.
(2) As used in this section, "otherwise eligible for selection as an apprentice under the selection method approved by the Council for use by the local committee" shall mean that the applicant has met the minimum qualifications for entry into the program; been evaluated or ranked by the local committee pursuant to the procedure set forth in its approved selection method; and based on that evaluation or ranking, is the next applicant or in the immediate group of applicants eligible to be assigned or dispatched to a registered training agent pursuant to the local committee's approved selection method.
(3) When submitting a new or revised selection method to the Council for approval, local committees must indicate whether they will be using an exception to the selection methods established in Title 29 CFR Part 30 and must note in their committee minutes when an individual is indentured pursuant to subsections (1) and (2) above.
(4) Nothing in this rule is intended or should be interpreted as discouraging the use of a qualification standard or selection method on the basis of relative qualifications, if the qualification standard or selection criteria has been validated in accord with the guidelines established in Title 41 CFR Part 60-3.6.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: SB 791 (1999)
Hist.: BLI 17-1999, f. & cert. ef. 12-20-99
839-011-0340
Program Operation Compliance Reviews
(1) Apprenticeship and Training Division staff will conduct a Program Operation Compliance Review on a form and in a format approved by the Council annually for the first three years for new programs and pursuant to a schedule developed by the Division and approved by the Council for established programs.
(2) The Program Operation Compliance Review shall evaluate the following items for the time period specified by the Council:
(a) Apprentice registrations, program registration, administration and committee activity;
(b) Records maintenance and management;
(c) On-the-job and related training;
(d) Apprentice completions, cancellations and associated policies;
(e) EEO performance and activities for the program; and
(f) Shall include an Affirmative Action Compliance Review, as outlined in 839-011-0145.
(3) The Director shall develop and maintain a reporting schedule for Program Operation Compliance Reviews. The schedule will specify which programs are scheduled for review at a designated Council meeting. The Director shall provide a copy of the review schedule to committee chairpersons once a year.
(4) Upon receipt of the Program Operation Compliance Review reports the Council may take any action including the following but not limited to:
(a) Approve the report;
(b) Refer the report back for further clarification;
(c) Extend the review period for up to six months;
(d) Order a probationary period including more frequent and detailed program reviews;
(e) Direct compliance and/or corrective action accordingly;
(f) Impose sanctions;
(g) Act to dissolve the committee and or standards for cause or non-compliance; or
(h) Any other action as directed by the Council.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(1)
Hist.: BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92);
BL 6-1994, f. & cert. ef. 10-10-94; BLI 2-1999, f. & cert.
ef. 4-2-99
839-011-0350
Committee Officers
(1) There shall be elected by the committee a chairperson and a secretary from the committee members. One of the offices must be held by an employer member and one office must be held by an employee member.
(2) The officers shall serve for no less than one year and nor more than two years without an election unless the committee has adopted policies providing for the duration of officers' terms.
(3) In the event of a vacancy in an office, the respective employer or employee members shall elect from their representation a replacement to serve the unfilled term of office consistent with ORS Chapter 660.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(2)(a)
Hist.: BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92);
BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0360
Minimum Guideline Standards
Council shall cause to be developed and/or proposed minimum guideline standards and approve said standards for occupations and/or trades which it has determined necessary.
(1) At its discretion, or upon petition by two or more committees directly affected by minimum guideline standards, Council will direct Division staff to convene a state joint committee composed of members of local committees training in the occupation. Division staff will organize the meeting time and location, and contact all appropriate local committees.
(a) Each local committee training in the occupation shall designate no more than one employer and one employee representative (with alternates) to the state joint committee; notification of this action must be submitted to the Division in writing.
(b) Local committees that have not appointed representatives to the state joint committee in accordance with (1)(a) shall not be entitled to vote on issues being decided by the state joint committee.
(c) To determine a quorum, the total number of authorized representatives appointed by local joint committees will be counted; appointed representatives of local trade committees will be counted only if they are present at the state joint committee meeting. A quorum shall consist of 50% plus one of the total authorized local committee representatives.
(d) Each state joint committee may adopt rules consistent with ORS Chapter 660 as it deems necessary for the orderly conduct of its meetings.
(2) The state joint committee will develop for Council approval proposed or revised minimum guideline standards as may be dictated by the needs of the industry and occupation. This committee shall establish minimum guidelines in the following standards areas:
(a) Minimum qualifications;
(b) Hours of employment;
(c) Work processes and approximate hours;
(d) Minimum related training hours and subjects;
(e) Maximum ratio of apprentices to journey persons; and
(f) Maximum probationary period.
(3) New or revised minimum guideline standards presented to the Council for approval shall be first distributed to local committees training in the occupation for review and comment.
(a) Each local committee shall have not more than 30 days to present any written objections they may have. This information shall be referred to the state joint committee for review.
(b) The state joint committee shall then prepare its final recommendations to the Council.
(c) If consensus is not reached by the state joint committee, a majority and minority report will be submitted to the Council for consideration.
(d) When majority and minority reports are submitted for proposed new or revised guideline standards, the Council will take into consideration the geographic area covered by each participating committee as well as the number of apprentices served and the number of training agents affected.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(2)(a)
Hist.: BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92);
BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0370
Flexibility Within Minimum Guideline Standards
Committees proposing new or revised standards affected by minimum guideline standards will be allowed to redistribute no more than 5% of on-the-job training hours within existing individual work processes:
(1) Total hours may not fluctuate below requirements dictated by minimum guideline standards.
(2) For licensed trades, the variations must be within statutory limits governing the licensed occupations.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(2)(a)
Hist.: BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92);
BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0380
Minimum Guideline Standards Development and Revision
Council, upon petition by two or more committees directly affected by guideline standards, may instruct staff to convene an industry/trade advisory committee composed of members of appropriate JATC/TATC.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(2)(a)
Hist.: BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92);
BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0400
Youth Apprentice Selection Process
Apprenticeship committees may develop and, upon approval of the Director of the Apprenticeship and Training Division, implement a written policy for the purpose of selecting youth apprentices from the list of eligibles established by the school pursuant to ORS 344.745 through 344.757.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 344.745 & ORS 660.120(2)(a)
Hist.: BL 2-1992, f. & cert. ef. 1-14-92; BLI 2-1999, f. &
cert. ef. 4-2-99
839-011-0410
Review Policy, Formation and Scope of Responsibilities
A review policy shall be established by each participating Apprenticeship Committee for the purposes of periodically evaluating youth apprentices and recommending the granting of credit by the committee. The policy shall include the procedure to review the progress of the participants in the youth apprenticeship program including their participation in classroom instruction, related instruction, and on-the-job training.
Stat. Auth.: ORS 344.750 & ORS 660.120(1)
Stats. Implemented: ORS 344.745(4)
Hist.: BL 2-1992, f. & cert. ef. 1-14-92; BL 7-1993, f. &
cert. ef. 7-12-93; BL 3-1994, f. & cert. ef. 6-3-94
839-011-0420
Youth Apprentice Eligibility
(1) Committees are permitted to register youths in the Youth Apprenticeship Program who otherwise would not meet the mini-mum entry level qualifications in their standards for age, high school completion, or GED.
(2) The provisions and requirements of ORS 344.745 shall prevail over the committee's standards should any conflict exist.
Stat. Auth.: ORS 344.750 & ORS 660.120(1)
Stats. Implemented: ORS 344.745(2)
Hist.: BL 2-1992, f. & cert. ef. 1-14-92; BL 3-1994, f. &
cert. ef. 6-3-94
839-011-0430
Supervision
All students participating in the Youth Apprenticeship Program shall be under direct line of sight supervision of a journeyperson while engaged in on-the-job training within hazardous occupations as defined by OAR 839-021-0104. Students shall be under direct supervision at all other times to ensure optimal safety while on the job.
Stat. Auth.: ORS 344.750 & ORS 660.120(1)
Stats. Implemented: ORS 660.120
Hist.: BL 2-1992, f. & cert. ef. 1-14-92; BL 7-1993, f. &
cert. ef. 7-12-93; BL 3-1994, f. & cert. ef. 6-3-94
839-011-0440
Training Agent Approval Process
(1) Employers approved as training agents before to the implementation of these rules shall not automatically be eligible to participate in the youth apprenticeship program. The employer must apply in writing to the appropriate committee requesting authorization to participate. The committee will review the request and respond in writing with a copy to the Director.
(2) Apprenticeship committees participating in the youth apprenticeship program shall develop a process for the purpose of approving training agents to participate in the youth apprenticeship program.
Stat. Auth.: ORS 344.750 & ORS 660.120(1)
Stats. Implemented: ORS 660.120(2)(a) & ORS 660.137(5)
Hist.: BL 2-1992, f. & cert. ef. 1-14-92; BL 3-1994, f. &
cert. ef. 6-3-94; BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0450
Transfer of Youth Apprentice
It shall be the responsibility of the apprenticeship committee, in consultation with the participating school, to transfer a youth apprentice from one training agent to another within their committee when the training agent has been decertified, or for any other reasons, is unable to fully comply with the apprenticeship standards and these rules.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(2)(a)
Hist.: BL 2-1992, f. & cert. ef. 1-14-92
839-011-0460
Career Exploration
In order to participate as a youth apprentice, a student must demonstrate career exploration competencies contained in a curriculum approved by the Oregon State Board of Education.
Stat. Auth.: ORS 344.750 & ORS 660.120(1)
Stats. Implemented: ORS 344.745(2)
Hist.: BL 2-1992, f. & cert. ef. 1-14-92; BL 3-1994, f. &
cert. ef. 6-3-94
839-011-0470
Apprentice Displacement
In no case shall a youth apprentice displace a regular apprentice.
Stat. Auth.: ORS 660.120(1)
Stats. Implemented: ORS 660.120(2)(g)
Hist.: BL 2-1992, f. & cert. ef. 1-14-92
839-011-0480
Youth Apprentice Ratios
Committees shall adopt the same ratio of youth apprentices to journey persons as exists for adult apprenticeship programs, except that:
(1) Youth apprentices shall not be included in the count as part of the adult apprentices, but shall be counted separately and concurrently;
(2) A training agent is permitted to participate in the youth apprenticeship program without concurrently training/hiring adult apprentices; and
(3) At no time shall the total number of youth apprentices and adult apprentices exceed the number of journey persons for any job or training agent.
(4) The ratio shall be job and/or training agent specific in application.
(5) Approved youth apprenticeship training agents in the Building and Construction Trades shall be permitted only one youth apprentice without concurrently training/hiring adult apprentices.
Stat. Auth.: ORS 344.750 & ORS 660.120(1)
Stats. Implemented: ORS 344.745(1)
Hist.: BL 4-1994, f. & cert. ef. 6-13-94; BLI 2-1999, f. &
cert. ef. 4-2-99
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