justicedao/ipfs_state_laws huggingface dataset:
839-011-0200 Apprenticeship and Training Committees — Equal Employment Opportunity in Apprenticeship The Oregon Plan Equal Employment Opportunity in Registered Apprenticeship Programs (the Plan), pursuant to 29 CFR Part 30, is adopted and incorporated by reference as if fully set forth in these rules. The Plan is effective November 1, 2021. [Attachment: Oregon Plan for Equal Employment Opportunity in Registered Apprenticeship Programs] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120 History: BLI 25-2021, minor correction filed 12/20/2021, effective 12/20/2021 BLI 11-2021, amend filed 07/23/2021, effective 11/01/2021 BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 Reverted to BL 1-1991, f. & cert. ef. 1-23-91 BL 8-1991(Temp), f. 8-15-91, cert. ef. 9-1-91 BL 1-1991, f. & cert. ef. 1-23-91 BL 2-1988, f. & cert. ef. 2-19-88 BL 13-1978, f. & ef. 12-8-78 BL 9-1978(Temp), f. & ef. 9-15-78 BL 168, f. 10-11-74, ef. 11-11-74 BL 159, f. 3-8-74, ef. 4-11-74 BL 151(Temp), f. & ef. 12-19-73 BL 120, f. 2-16-72, ef. 3-1-72
839-011-0250 Apprenticeship and Training Committees — 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, until such dispute has been resolved or the representative union has tendered a written waiver of its objections to the employer or prospective employer’s participation, the Council will not: (a) Approve changes in existing standards; (b) Approve new standards; (c) Register additional apprentices for the employer; or (d) Review the employer’s application for a new committee. (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, until such dispute has been resolved or the representative union has tended a written waiver of its objections to the employer or prospective employer’s participation, 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. (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: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 7-1986, f. & ef. 7-14-86
839-011-0260 Apprenticeship and Training Committees — Movement and Training of Apprentices within the Same Occupation (1) Registered apprentices who are transported to an area outside of the committee’s geographic jurisdiction may receive related training with the consultation and agreement of the appropriate local 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 including, but not limited to: (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. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 1-1991, f. & cert. ef. 1-23-91 BL 7-1986, f. & ef. 7-14-86
839-011-0265 Apprenticeship and Training Committees — Training in Work Processes (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. A committee unable to provide an apprentice with work experience equaling at least 50% of the hours listed in any of the work processes must provide and document additional related training to compensate for the lack of on-the-job training. A written statement, held in the apprentice’s files, shall document such compensatory training and shall include, date, time, place, hours and instructor. In no event may distance learning classes be used to compensate for deficiencies in total work process hours. (2) For licensed occupations, all variations in work processes must be within the statutory limits governing the trade. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99
839-011-0270 Apprenticeship and Training Committees — 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 as defined by ORS Chapter 660.060(7) or; (C) In the case of program deregistration, or for the failure to hold registered training standards. (b) Complete an apprenticeship agreement when documentation has been submitted to the Director demonstrating that the apprentice has fulfilled the required related instruction and on the job training as set forth in the standards established by the committee. (2) Absent exceptional circumstances demonstrated by a local committee, apprentices referred for a license exam will be administratively completed by the Director within one (1) year of referral, with or without benefit of license. Examples of exceptional circumstances are military service; illness; injury or incapacitation of the apprentice. (a) Local committees may complete apprentices without benefit of license earlier than one (1) year of referral in accordance with approved committee policies and procedures. (3) Such action by the Director or the committee shall be taken pursuant to the following procedure: (a) Notice and an opportunity to show cause to the Council, through the Division, shall be provided by certified mail to the apprentice, employer, committee, Council and any interested parties before any action to administratively complete or cancel an agreement; and (b) Written notice to the apprentice, committee, Council and any interested parties of the final action taken by the Director. (4) An apprentice may appeal an administrative cancellation as an order other than a contested case order under ORS Chapter 183.484. Statutory/Other Authority: ORS 660.120 Statutes/Other Implemented: ORS 660.120(2)(f) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 6-2015(Temp), f. & cert. ef. 6-1-15 thru 11-27-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 1-1991, f. & cert. ef. 1-23-91 BL 7-1986, f. & ef. 7-14-86
839-011-0280 Apprenticeship and Training Committees — Electrical Apprentices (1) The Division shall issue electrical apprentice licenses to active apprentices or trainees registered to standards jointly approved by the Council and the Oregon Electrical and Elevator Board. Apprentice license formats shall be jointly agreed to by the Division and the Oregon Building Codes Division. (2) All electrical apprentices must be directly supervised in accordance with OAR 839-011-0143, unless approved for indirect supervision. (3) Pursuant to OAR 918-282-0270(3), a local committee may take action to permit electrical apprentices to work under indirect supervision during their final period of apprenticeship provided they have met the provisions of ORS Chapter 660.126(3) and ORS Chapter 479.510 to 479.860 and have: (a) Completed at least 6,500 hours of on-the-job training for licenses requiring 8,000 hours of apprenticeship training, or 5,000 hours of on-the-job training for licenses requiring 6,000 hours of apprenticeship training; and (b) Successfully completed related training appropriate to the required 6,500 hours of on-the-job training in an 8,000 hour program or related training appropriate to the required 5,000 hours in a 6,000 hour program. (4) Indirect supervision licenses will be issued by the Division upon notification of committee approval and reissued for the duration of the program unless the committee takes action to rescind approval. (5) All apprentices count towards the ratio specified in the standards, regardless of supervision status. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.126(3), 479.510 - 479.860 & OAR 918-282-027 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 17-1990, f. & cert. ef. 11-23-90 BL 11-1989(Temp), f. & cert. ef. 12-26-89
839-011-0300 Apprenticeship and Training Committees — Effective Date of 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. Statutory/Other Authority: ORS 660.120(1) Statutes/Other Implemented: ORS 660.120 History: BLI 15-2015, f. & cert. ef. 11-12-15 BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92)
839-011-0310 Apprenticeship and Training Committees — Apprentice Rights (1) Upon registration the local committee shall provide each apprentice with the following information: (a) Apprenticeship Standards for the program in which the apprentice is registered; (b) Division approved committee policies and procedures; and (c) Copy of the apprenticeship agreement. (2) Within the constraints of industry and market conditions, the apprentice has the right to be employed and diligently and faithfully trained by the committee’s approved training agents in accordance with the terms and conditions of the Apprenticeship Agreement and Apprenticeship Standards. (3) The apprentice has the right to minimum compensation at the apprentice rate of pay as determined by the local apprenticeship committee pursuant to the standards or appropriate prevailing wage classification for all activities performed subsequent to the normal start time of the regular work day and prior to the completion of assigned duties during the work day. (4) The apprentice has the right to classroom and workplace conditions that are free of harassment or intimidation. (a) “Harassment or intimidation” includes any act that takes place on or immediately adjacent to apprenticeship classrooms or training agent work sites that: (A) Substantially interferes with the apprentice’s educational benefits, opportunities or performance; and (B) Has the effect of: (i) Physically harming an apprentice or damaging an apprentice’s property; or (ii) Knowingly placing an apprentice in reasonable fear of physical harm to the apprentice or damage to the apprentice’s property; or (iii) Creating a hostile educational environment, including interfering with the psychological well-being of an apprentice; and (C) May be based on, but not limited to, the protected class status of a person. (5) If a probationary apprentice’s registration agreement is suspended, the time spent on suspension will not apply to the calculation of one year. Statutory/Other Authority: ORS 660.120(1) Statutes/Other Implemented: ORS 660.120(2)(a) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 6-2015(Temp), f. & cert. ef. 6-1-15 thru 11-27-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92)
839-011-0320 Apprenticeship and Training Committees — Required Appearance at Council Meetings (1) The Council shall require a committee member or designee other than Division or federal Office of Apprenticeship staff to be present at the appropriate subcommittee meeting when seeking approval for: (a) New committee; (b) New standards or; (c) Other submittals that do not have a staff recommendation for approval. (2) When a committee member or designee is not required to be present at a subcommittee meeting and questions or deficiencies are noted, the committee will be given ten (10) working days to correct the deficiencies and obtain a Division recommendation for approval. (a) If deficiencies are corrected, the submittal will be moved to the Council agenda. (b) Any submittal with deficiencies not corrected within the ten (10) day time limit will be referred to the next meeting of the appropriate subcommittee. (3) The Director 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 subcommittee meeting. Statutory/Other Authority: ORS 660.120(1) Statutes/Other Implemented: ORS 660.120(2)(a) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92)
839-011-0334 Apprenticeship and Training Committees — 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 registered 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 register 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: (a) Has met the minimum qualifications for entry into the program; and (b) Has been evaluated or ranked by the local committee pursuant to the procedure set forth in its approved selection method; and (c) 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 registered 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 have been validated in accord with the guidelines established in Title 41 CFR Part 60-3.6. Statutory/Other Authority: ORS 660.120(1) Statutes/Other Implemented: ORS 660.139 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 1-2012, f. & cert. ef. 1-3-12 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 17-1999, f. & cert. ef. 12-20-99
839-011-0401 Youth Apprenticeship — Program Approval (1) Council approval of the youth program is required prior to implementation. (2) Youth apprenticeship committees and standards must meet the requirements outlined in these rules for adult apprenticeship programs. (3) Youth standards must directly relate to an apprenticeable occupation recognized by federal Office of Apprenticeship. Statutory/Other Authority: ORS 344.745 & 344.750 & 660.120 Statutes/Other Implemented: ORS 344.745 & 344.750 & 660.120 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0402 Youth Apprenticeship — Eligibility (1) Committees may register youth apprentices who otherwise would not meet the minimum entry level qualifications for age, high school completion or GED in adult standards for the occupation. (2) The provisions and requirements of ORS Chapter 344.745 shall prevail over the committee's standards should any conflict exist. Statutory/Other Authority: ORS 344.745 & 660.120 Statutes/Other Implemented: ORS 344.745 History: BLI 15-2015, f. & cert. ef. 11-12-15 Renumbered from 839-011-0420, BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BL 3-1994, f. & cert. ef. 6-3-94 BL 2-1992, f. & cert. ef. 1-14-92
839-011-0403 Youth Apprenticeship — Selection The procedure to be utilized in selecting youth apprentices shall be outlined in the youth standards. (1) Youth apprentices will be selected from a list of eligible established by the school pursuant to ORS 344.745. (2) 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. (3) In no case shall a youth apprentice displace a regular apprentice. Statutory/Other Authority: ORS 344.745 & 660.120 Statutes/Other Implemented: ORS 344.745 History: BLI 15-2015, f. & cert. ef. 11-12-15 Renumbered from 839-011-0400, BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 2-1992, f. & cert. ef. 1-14-92
839-011-0404 Youth Apprenticeship — Employer Training Agents (1) Youth apprenticeship committees shall develop a process for the purpose of approving training agents to participate in the program. (2) Employers 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. (3) Approved youth apprenticeship training agents in the building and construction trades shall be permitted only one (1) youth apprentice without concurrently training/hiring adult apprentices. Statutory/Other Authority: ORS 344.745 & 344.750 & 660.120 Statutes/Other Implemented: ORS 344.745, 660.120 & 660.137 History: BLI 15-2015, f. & cert. ef. 11-12-15 Renumbered from 839-011-0440, BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 3-1994, f. & cert. ef. 6-3-94 BL 2-1992, f. & cert. ef. 1-14-92
839-011-0405 Youth Apprenticeship — Supervision All youth apprentices shall be under direct line of sight supervision of a journey person while engaged in on-the-job training within hazardous occupations as defined by OAR 839-021-0104. Youth apprentices shall be under direct supervision at all other times to ensure optimal safety while on the job. Statutory/Other Authority: ORS 344.750 & 660.120 Statutes/Other Implemented: ORS 660.120 History: BLI 15-2015, f. & cert. ef. 11-12-15 Renumbered from 839-011-0430, BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BL 3-1994, f. & cert. ef. 6-3-94 BL 7-1993, f. & cert. ef. 7-12-93 BL 2-1992, f. & cert. ef. 1-14-92
839-011-0406 Youth Apprenticeship — Ratio and Supervision (1) Committees shall adopt the same ratio of youth apprentices to journey persons as exists for adult apprenticeship programs, except that: (a) Youth apprentices shall not be included in the count as part of the adult apprentices, but shall be counted separately and concurrently; (b) A training agent is permitted to participate in the youth apprenticeship program without concurrently training/hiring adult apprentices; and (c) 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. (2) The ratio shall be job and/or training agent specific in application. Statutory/Other Authority: ORS 344.745 & 344.750 & 660.120 Statutes/Other Implemented: ORS 344.745 & 660.120 History: BLI 15-2015, f. & cert. ef. 11-12-15 Renumbered from 839-011-0480, BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BLI 2-1999, f. & cert. ef. 4-2-99 BL 4-1994, f. & cert. ef. 6-13-94
839-011-0407 Youth Apprenticeship — Evaluation The committee must establish a policy and procedure addressing periodic evaluation of youth apprentices and recommending the granting of credit by the committee. The policy shall include the review of apprentice progress including participation in classroom instruction, related instruction, and on-the-job training. Statutory/Other Authority: ORS 344.745 & 344.750 & 660.120 Statutes/Other Implemented: ORS 344.745 & 344.750 History: BLI 15-2015, f. & cert. ef. 11-12-15 Renumbered from 839-011-0410, BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BL 3-1994, f. & cert. ef. 6-3-94 BL 7-1993, f. & cert. ef. 7-12-93 BL 2-1992, f. & cert. ef. 1-14-92
839-011-0408 Youth Apprenticeship — Transfer of Youth Apprentices The committee, in consultation with the participating school, is responsible for the transfer of youth apprentices to other training agent(s) in the event a training agent is unable to fully comply with the apprenticeship standards and these rules. Statutory/Other Authority: ORS 660.120 Statutes/Other Implemented: ORS 660.120 History: BLI 15-2015, f. & cert. ef. 11-12-15 Renumbered from 839-011-0450, BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10 BL 2-1992, f. & cert. ef. 1-14-92
839-011-0501 Apprenticeship and Training Council Subpoenas — Purpose and Scope (1) ORS Chapter 660.120 authorizes the State Apprenticeship and Training Council to conduct investigations in all matters relating to the Council’s duties and functions as set forth in ORS Chapter 660.002 to 660.210. (2) While conducting investigations, ORS Chapter 660.120 gives the Council the authority to issue subpoenas ad testificandum and subpoenas duces tecum, administer oaths, obtain evidence and take testimony. (3) These rules govern the Council’s gathering of information through subpoenas or testimony and establish procedures through which a subpoenaed party may object to answering questions or producing any document or other thing subpoenaed. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0505 Apprenticeship and Training Council Subpoenas — Definitions (1) “Council” means the State Apprenticeship and Training Council. (2) “Document” means any existing written, printed, typed, or recorded matter of any kind or nature, however produced or reproduced, including but not limited to all mechanical, electronic, sound or video recordings or their transcripts, photographs, electronic files and computer stored data. (3) “Other thing” means any existing tangible object that is not a “document.” (4) “Party” means any person who has been served by a subpoena under these rules. (5) “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character. (6) “Subpoena ad testificandum” is a subpoena that requires an individual to appear and give testimony under oath. (7) “Subpoena duces tecum” is a subpoena that requires the production of documents or other things. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10