839-015-0380 Professional Training for Managers, Supervisors and Employees of Property Services Contractors (1) Property services contractors must provide professional training pertaining to the topics specified in section (4) of this rule to all of the contractor’s managers, supervisors and workers engaged in janitorial services as follows: (a) At least once during the year in which a property services contractor license is first issued to a property services contractor; (b) For new employees, within 90 days of the employee’s initial hiring date; (c) For existing employees employed in a job classification which does not perform janitorial services who transfer or are assigned to a new job classification which is engaged in janitorial services, within 90 days of the employee's transfer or reassignment; and (d) At least once every two years after the renewal of a license . (2) The training provided must be: (a) Delivered by a qualified trainer either in a live presentation which includes an end-of-training discussion to solidify the concepts and principles covered in the training; or in an interactive webinar, the content of which must be provided both in writing and verbally and which includes an assessment of the trainee’s understanding of the topics covered in the training; (b) Draw upon various training methodologies and be of an appropriate length to cover the required content at a reasonable pace; and (c) Be provided in a language understood by the trainee, either by providing the training directly in such language or by having a certified interpreter interpret the training in a language the trainee understands. (d) In the case of a community rehabilitation program which is qualified by the State of Oregon as a qualified rehabilitation facility and which employs workers with various mental, physical, social, emotional, and linguistic abilities, the content and delivery methods of the training required by this rule may be modified to accommodate such workers, provided that the modified training addresses the topics specified in section (4) in a manner that is reasonably expected to promote understanding of those topics. (3) Trainees may not be required or permitted to perform their regular work duties during the time they are taking the training, and must be paid for the time they are in training. (4) A training curriculum that includes all of the following elements will be considered to be approved by the Bureau of Labor and Industries: (a) Definitions of sexual assault, sexual harassment and discrimination in the workplace; (b) Strategies for prevention of sexual assault, sexual harassment and discrimination in the workplace; (c) Cultural competency; (d) Legal protections for employees who report violations of state or federal laws, administrative rules or regulations; (e) A summary of protected classes under state and federal civil rights laws; (f) A discussion of the concepts of “severe or pervasive” conduct and subjective and objective standards of unwelcome conduct; (g) The employer’s duty to protect employees from assault and harassment by managers, coworkers and non-employees in the workplace; (h) Strategies for preventing assault and harassment, including effective policies and enforcement, reporting and monitoring, and preventing retaliation; and, (i) The employer’s specific policies regarding prohibited conduct, reporting misconduct, conducting investigations, measures to effectively correct and eliminate misconduct, the reinforcement of inclusive cultures and values relative to the environment, and the dynamics and demographics that may be unique to the organization or industry. (5) Property service contractors must provide the following information with each license renewal application: (a) A statement that the contractor has provided the professional training to all of the contractor’s managers, supervisors and workers as required by ORS 658.428 and this rule; and (b) Copies of the curriculum and related materials used to provide the training required by this rule. Statutory/Other Authority: ORS 651 & ORS 658 Statutes/Other Implemented: ORS 658.428 & OL Ch. 008 (2018) History: BLI 19-2018, amend filed 09/12/2018, effective 09/14/2018 BLI 7-2018, temporary amend filed 03/13/2018, effective 03/13/2018 through 09/08/2018 BLI 4-2017, adopt filed 11/30/2017, effective 01/01/2018