reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Before the permanent adoption, amendment, or repeal of any
				rule, the Oregon State Apprenticeship and Training Council (hereinafter,
				Council) will give notice of the proposed adoption, amendment or repeal:
(1) In the Secretary of State's
			 Bulletin, referred to in ORS chapter 183.360 at least 21 calendar days before
			 the rule's effective date.
(2) To
			 persons on the Bureau of Labor and Industries (hereinafter, Bureau) mailing and
			 e-mail lists established pursuant to ORS chapter 183.335(8) at least 28
			 calendar days before the rule's effective date.
(3) To the Legislature, by mailing a copy of
			 the notice to the legislators specified in ORS chapter 183.335(15) at least 49
			 days before the effective date of the rule
(4) To the general public, by posting the
			 notice on the Bureau's website.
Stat. Auth.: ORS
				  660.120(1)
Stats. Implemented: ORS
				  183.335(7)
				  & 183.360
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0010 - Model Rules of Practice and Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General's Model Rules of Procedure under the
				Administrative Procedures Act, are hereby adopted to govern the operations of
				the Bureau of Labor and Industries except to the extent they conflict with or
				are modified by rules in any division of chapter 839 of the Oregon
				Administrative Rules.
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 183
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0015 - Rules of Order

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0020 - Date and Location of Council Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
The Council shall hold at least four regular public meetings
				each year as required by ORS chapter 660.120(5). The date of the next regular
				Council meeting will be designated by the Chair and 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)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0030 - Preparation of Council Agenda

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All matters to
			 be included on the agenda must be submitted in writing 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 must be submitted to
			 the Director on the last business day before the 45th calendar day.
(2) Late submissions for inclusion on the
			 agenda that do not request the Council to approve, modify or revoke standards,
			 committees or programs may be considered by the Council if a majority of the
			 members agree.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0040 - Participation by the Public

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Council encourages public participation at all meetings. Individuals who wish
			 to address the Council are required to sign up to speak at meetings.
			 Individuals who fail to sign up may address the Council at the discretion of
			 the Chair, pursuant to Roberts Rules of Order.
(2) Meetings are held in facilities
			 accessible to individuals with disabilities. Accommodations are available to
			 allow individuals with disabilities to access and participate in all Council
			 meetings. Accommodations may be requested by contacting the Division at (971)
			 673-0760 or Oregon Relay for hearing impaired assistance at 711 at least 10
			 business days prior to the meeting.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0050 - Certificate of Meritorious Service

Current through Register Vol. 63, No. 7, July 1, 2024
Upon the recommendation of a local committee or the motion of a
				Council member, the Council may award a certificate of meritorious service to
				any individual who has devoted a minimum of three years of service to a
				registered apprenticeship program.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0051 - Delegation of Authority by Council

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Chair and Director, with the approval
			 of the Chair, may act on behalf of the Council for federal purposes and in all
			 cases where immediate action is deemed necessary by the Chair and Director. All
			 such actions shall be placed on the agenda for the next regular Council meeting
			 for Council approval or ratification.
(2) All matters pertaining to the approval or
			 deregistration of apprenticeship committees, standards, program sponsors,
			 employers, training agents or apprentices must be ratified by the Council at
			 its next meeting.
(3) Any
			 standards referred back to local committees by the Council for revision may be
			 approved by the Director when revised according to Council action.
Stat. Auth.: ORS
				  660.120(3)
Stats. Implemented: ORS
				  660.120,
				  660.210 &
				  660.170
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0060 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  344.745(1)
				  & 660.120(1)
Stats. Implemented: ORS
				  344.745
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0072 - Formation of Joint Committees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person or group interested in forming a local joint committee may give
			 written notice to the Division. Local committees in building and construction
			 trades occupations may only be approved as group programs serving multiple
			 employers.
(2) The interested
			 party or group shall establish a date for an organizational meeting and provide
			 the Division with written notice of the date, time and location of the meeting
			 at least 5 (five) working days in advance of the meeting. Division staff may
			 attend organizational meetings in an informational role.
(3) At the organizational meeting
			 participants, excluding Division staff, will:
(a) Adopt Roberts Rules of Order;
(b) Specify the committee name, its
			 geographical jurisdiction, and the occupation(s) for which it will train;
(c) Nominate committee members and
			 submit their names to the Council pursuant to OAR
			 839-011-0074;
(d) Elect a chair and a secretary as
			 committee officers, pursuant to OAR
			 839-011-0074(8).
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0073 - Committee Policies and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All local committees shall develop and
			 administer operating policies and procedures to govern program operations as
			 directed by the Council and administer such policies and procedures in a
			 consistent manner. Policies and procedures will be approved by the committee
			 and recorded in the meeting minutes.
(2) When adopted or revised, these policies
			 and procedures will be submitted to the local committee's assigned
			 Apprenticeship Representative who will review and approve the policies and
			 procedures if they are in conformity with apprenticeship laws, rules and
			 Council guidelines.
Stat. Auth.: ORS
				  660.120(1)
Stats. Implemented: ORS
				  660.137(2)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0074 - Committee Member Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Committees shall consist of an equal number of principal employer and employee
			 representatives.
(a) Representatives of
			 employers, or an employer organization representing the industry, shall submit
			 nominations for employer committee members.
(b) Individuals representing the journey
			 level workforce for the occupation, or an employee organization that represents
			 the concerned employees and is involved with the occupation, shall submit
			 nominations for employee committee members. For the purposes of these rules, an
			 individual is eligible to serve as an employee representative for the
			 occupation only if that individual:
(A) Is or
			 has been a skilled practitioner in the occupation and does not serve in a
			 supervisory capacity as defined in the National Labor Relations Act, as
			 amended; or
(B) Is a bargaining
			 unit representative for the employees of a participating training agent.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0078 - Removal of Committee Members

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Chapter 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 regarding the
			 removal of committee members.
(3)
			 Committee(s) may recommend removal of a member and note such action in the
			 committee meeting minutes, subject to the following conditions:
(a) Only employer committee members may
			 recommend and vote for removal of an employer member;
(b) Only employee committee members may
			 recommend and vote for removal of an employee committee member;
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0082 - Deregistration of Committees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Council will deregister committees for inactivity, inadequate activity, or
			 failure to abide by ORS Chapter 660 or the rules and policies of the Council
			 pursuant to ORS Chapter 660.120(4)(d), or if the committee has informed the
			 Director or the Council that it will no longer perform its duties.
(2) On behalf of the Council, the Director
			 shall, to the extent practical, secure the formation of a new committee where a
			 previously approved committee failed to carry out an effective program.
(3) A committee shall be subject
			 to deregistration if it has had no apprentices registered for two years or
			 more, has not had at least two quorum meetings in a twelve month period, has
			 failed to administer to the needs of the apprentices or the industry concerned
			 or if so otherwise deemed appropriate by the Council.
(4) Deregistration of a program may commence
			 upon the voluntary action of the sponsor by submitting a request for
			 cancellation of the registration in accordance with section (5) of this
			 section, or upon reasonable cause, by the Division, in collaboration with the
			 Council instituting formal deregistration proceedings in accordance with
			 section (6) of this section.
(5)
			 Deregistration at the request of the sponsor. The Division may cancel the
			 registration of an apprenticeship program, subject to ratification by the
			 Council, by written acknowledgment of such request stating the following:
(a) The registration is cancelled at the
			 sponsor's request, and the effective date thereof;
(b) That, within 15 days of the date of the
			 acknowledgment, the sponsor will notify all apprentices of such cancellation
			 and the effective date; that such cancellation automatically deprives the
			 apprentice of individual registration; that the deregistration of the program
			 removes the apprentice from coverage for Federal purposes which require the
			 Secretary of Labor's approval of an apprenticeship program and for all State
			 purposes, and that all apprentices are referred to the Division for information
			 about potential transfer to other registered apprenticeship programs.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0088 - Registration of Apprenticeship Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Council delegates registration of
			 apprenticeship agreements to the Division and recognizes an agreement as
			 registered when:
(a) It is on a form that has
			 been approved pursuant to ORS Chapter 660.020 and issued by the Division;
(b) Information requested on the
			 form as authorized by ORS Chapter 660.020 has been supplied by the apprentice.
			 The requested information includes, but is not limited to the apprentice's
			 Social Security Number for identification purposes; the number of hours to be
			 spent in related instruction in technical subjects related to the occupation,
			 that is recommended to be not less than 144 hours per year; and a statement
			 indicating whether and under what circumstances an apprentice is entitled to be
			 financially compensated for attending related instruction;
(c) It has been signed by the apprentice and
			 the local joint committee. Approval must be recorded as soon as possible at a
			 committee meeting; and
(d) The
			 agreement has been submitted to and received by a representative of the
			 Division.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0090 - Causes for Disciplinary Actions

Current through Register Vol. 63, No. 7, July 1, 2024
The Division in consultation with 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 registration status or an apprentice's
			 time, skills or training;
(2)
			 Inadequate training of apprentices;
(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;
(6)
			 Failure to submit required documentation to the Division in a timely manner;
(7) Failure to communicate with
			 the Division or the Council in a timely manner; or
(8) 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)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0093 - Disciplinary Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Council shall establish a disciplinary procedure, to be applied before any
			 disciplinary action toward a committee, apprentice or training agent is taken,
			 consisting of but not limited to:
(a) A
			 request to appear before Council to present information and answer questions
			 from the Council; and
(b) A
			 written notice of Council's decision in the matter.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0140 - Approval and Dissolution of Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local committee must submit new
			 standards or revisions to previously approved standards, together with executed
			 signature sheets and committee minutes to the Director at least 45 calendar
			 days before the date of the next Council meeting pursuant to OAR
			 839-011-0030.
(2) Proposed standards and revisions must be
			 in a form and format approved by Council that includes all elements specified
			 in ORS chapter 660.126. The Council may require additional information of
			 committees pursuant to OAR
			 839-011-0084, including program
			 administration and training plans.
(3) Standards in a form or format other than
			 that approved by the Council and the Division may be accepted when they are
			 part of the federal Office of Apprenticeship approved national pattern
			 standards and are consistent with federal Office of Apprenticeship regulations
			 and guidelines, these rules and Council policies.
(4) With Council approval, local committees
			 may charge applicants a reasonable non-refundable application fee. Such fees
			 shall be stated in the standards as a minimum qualification for entry into the
			 program. Committees shall be required to:
(a)
			 Incorporate the payment of a non-refundable application fee into the minimum
			 qualifications of the committee's standards. 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 annually to the Council whether
			 disparate impact has been determined to result from the fees charged; 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 include, but not limited to, development of
			 specific entrance examinations, validation studies and extensive testing or
			 interview procedures.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0141 - Minimum Guideline Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The Council may approve minimum guideline standards for
				occupations it deems necessary.
(1)
			 At its discretion, or upon petition by two or more local committees directly
			 affected by minimum guideline standards, the Council will direct the Division
			 to convene a state committee composed of voting 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 joint committee training in
			 the occupation may appoint no more than one employer and one employee committee
			 member (with alternates if desired) to the state committee pursuant to OAR
			 839-011-0074. Notification of
			 this action must be submitted to the Division in writing. Appointments will be
			 valid only after written notice of the names of the appointees is received by
			 the Division at least one (1) day before a scheduled state guideline committee
			 meeting.
(b) The employer and
			 employee members of local trades committees (and alternates) shall represent
			 their respective occupations on the state committee pursuant to ORS Chapter
			 660.155(2).
(c) Only properly
			 appointed representatives to the state guideline committee will be permitted to
			 vote on issues before the State Guideline Committee.
(d) A quorum shall consist of 50% plus one of
			 the total appointed local joint committee representatives; local trade
			 committee representatives will be counted only if they are present at the state
			 committee meeting. A quorum of the total appointed local committee
			 representatives constituted pursuant to this rule may revise the quorum
			 requirement for future state committee meetings, pending review and approval by
			 the Council.
(e) Each state
			 committee may adopt policies and procedures consistent with ORS Chapter 660 as
			 it deems necessary for the orderly conduct of its meetings.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0142 - Apprentice/Trainee Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Council and the Division shall evaluate proposed qualification standards or
			 selection methods pursuant to the criteria set forth in Title 29 CFR Part 30,
			 the Equal Employment Opportunity in Apprenticeship Plan noted in OAR
			 839-011-0200, the objectives
			 expressed by the committee and/or sponsor, and such other factors as the
			 Council and the Division may deem appropriate. Evaluation of proposed
			 qualification standards or selection methods shall include an analysis of
			 whether they would result in an adverse impact upon any protected class of
			 applicants.
(2) The Council and
			 the Division shall not consider proposed standards that contain any of the
			 following requirements within their minimum qualifications:
(a) Physical ability to do the job, unless it
			 specifically references a validated 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) A valid driver's license; or
(d) A medical exam.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0143 - Ratio

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Registered
			 apprentices shall only work for training agents registered to the same
			 committee as the apprentice, unless the subject committees and employer have
			 reached agreement on a plan that will enhance the training opportunities for
			 all apprentices and have jointly submitted a written request to the Council
			 outlining their plan and requesting the exemption from this rule.
(2) Except as provided in sections (6) and
			 (7) below, registered apprentices shall be supervised by journey workers
			 employed in the same trade or occupation by the same training agent employing
			 the apprentice.
(3) The apprentice
			 to journey worker ratio for any registered program approved by the Council and
			 the Division shall be clearly set forth in the standards for the given
			 occupation and must be specific as to application in terms of jobsite,
			 workforce, shift, department or plant.
(4) The maximum ratio of apprentices to
			 journey workers for an occupation covered by a state committee will be
			 developed as part of the minimum guideline standards for the occupation.
			 Requests for a less restrictive ratio from local committees will be referred to
			 the state committee for evaluation of minimum guideline ratio.
(5) For occupations where a minimum guideline
			 standard is not in place, local committees are expected to meet the following
			 apprentice to journey level ratios:
(a)
			 Construction trades: Not more than one apprentice for the first journey worker
			 on the job site. Additional apprentices are authorized at the ratio of one
			 apprentice for each three additional journey workers on the job site.
			 (Expressed hereafter as 1:1,1:3)
(b) Industrial trades and fixed-site
			 facilities: 1:1,1:2
(c) Other
			 trades (non-traditional and new and emerging occupations): 1:1,1:1
(d) Committees wishing a less restrictive
			 ratio must submit a request to the Council for consideration, along with
			 information including but not limited to:
(A)
			 Specific workforce demographics justifying a different ratio;
(B) Plan to monitor effects of ratio on the
			 safety and continuity of employment for apprentices; and
(C) Comparison of completion rate to
			 statewide average for occupation.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0145 - Compliance Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 committees are subject to periodic reviews of program operation and affirmative
			 action activities.
(2) The
			 Division shall develop and maintain a review schedule that identifies programs
			 scheduled for review, the type of review to be conducted and the time period to
			 be evaluated.
(3) The Program
			 Operation Compliance Review will evaluate program operation and administration.
(a) New committees will receive a Program
			 Operation Compliance Review annually for the first three years of operation,
			 unless otherwise directed by the Council.
(b) After the first three (3) years,
			 committees found in compliance will receive a Program Operation Compliance
			 Review every three (3) years.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0162 - Employer Training Agents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Division will register training agents upon receipt of committee minutes
			 showing approval of specific employers as training agents and a fully executed
			 training agent registration agreement for each employer.
(2) The effective starting date for a new
			 training agent shall be no more than forty five (45) days prior to the date
			 that a fully executed original training agent agreement and committee minutes
			 approving the registration of the employer are received by a representative of
			 the Division.
(3) No employer
			 shall be required to join an industry or trade association as a condition of
			 approval as a training agent.
(4)
			 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 such
			 programs, the Division shall notify the employer and the appropriate committees
			 of this rule and require that the employer respond within twenty (20) 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 (3)(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0170 - Committee Minutes Submission and Processing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Meeting requirements:
(a) Local committees shall hold at least two
			 (2) physical meetings each year with a quorum of committee members in
			 attendance to evaluate apprentices and conduct other committee business.
(A) All disciplinary actions require a
			 physical meeting. Electronic polling is prohibited for issues requiring the
			 personal appearance of applicants, apprentices, trainees, training agents or
			 employers.
(B) Committees may vote
			 to take all other actions by facsimile, e-mail or other electronic media if
			 by-laws permitting such voting have been adopted.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0175 - Cancellation Notices

Current through Register Vol. 63, No. 7, July 1, 2024
All notices to appear for cancellation of apprenticeship
				agreements must be sent certified mail, return receipt, addressed to the
				apprentice and postmarked at least twenty-two (22) calendar days in advance of
				the appearance date for the consideration of the
				cancellation.
Stat. Auth.: ORS
				  660.137(4)
Stats. Implemented: ORS
				  660
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0200 - Apprenticeship and Training Committees - Equal Employment Opportunity in Apprenticeship

Current through Register Vol. 63, No. 7, July 1, 2024
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]
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS 660
Statutes/Other Implemented: ORS
				  660.120
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0250 - Agreements During Labor Disputes

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0260 - Movement and Training of Apprentices within the Same Occupation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0265 - Partial Rotation of Apprentices

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0270 - Administrative Cancellation or Completion of Apprenticeship Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0280 - Electrical Apprentices - Indirect Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0290 - Plumber Apprentices - Phased Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division shall issue plumbing
			 apprentice licenses to active apprentices or trainees registered to standards
			 approved by the Council. Apprentice license formats shall be jointly agreed to
			 by the Division and the Oregon Building Codes Division.
(2) All apprentices and trainees must be
			 directly supervised in accordance with OAR
			 839-011-0143, unless approved
			 for phased supervision.
(3)
			 Pursuant to OAR 918-695-0140, a local committee
			 may take action to permit plumbing apprentices to work under phased supervision
			 under the following circumstances:
(a) The
			 plumber apprentice must work in the physical presence of an appropriate journey
			 level plumber; and
(b) An
			 appropriate journey level plumber present at the immediate work site at all
			 times, except for not more than a cumulative thirty (30) minutes during any
			 work shift during which time the journey worker is immediately available by
			 voice communication.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0300 - Effective Date of Council Actions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0310 - Apprentice Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0320 - Required Appearance at Council Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0334 - Eligibility of Family and Current Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0335 - Apprenticeship and Training Committees - Pre-Apprenticeship Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pre-apprenticeship is a program designed to prepare under-represented,
			 disadvantaged, low-skilled, or individuals from Priority Populations to enter
			 and complete a registered apprenticeship program and has a documented
			 partnership with at least one registered apprenticeship committee(s). In order
			 to be used by a registered apprenticeship committee as a direct entry or
			 preferred applicant source, a pre-apprenticeship program must be approved by
			 the Council.
(2) Written request
			 for Council approval of a registered pre-apprenticeship program shall include
			 the following information:
(a) Identification
			 of the need for the pre-apprenticeship program and the target population
			 served;
(b) A statement clearly
			 describing the program and the organization sponsoring and operating the
			 pre-apprenticeship training;
(c) A
			 statement of program objectives, outcomes, participant competencies upon
			 completion and benchmarks for success;
(d) A statement outlining specific outreach
			 and recruitment activities designed to encourage participation from Priority
			 Populations;
(e) A course outline
			 providing an overview of the academic and manipulative portions of the program.
			 Individual course descriptions, class hours and measurement tool(s) used to
			 determine successful completion of classes should be provided in this
			 section;
(f) A description and
			 images of the training facilities used for pre-apprenticeship
			 training;
(g) A list of the
			 knowledge, skills and abilities required to be an instructor in this program;
			 and
(h) A formalized agreement,
			 such as a memorandum of understanding, which documents facilitated entry or
			 articulation with at least one registered apprenticeship program and where
			 possible, enables individuals who have successfully completed the
			 pre-apprenticeship program to enter directly into a registered apprenticeship
			 or earn advanced credit or placement for skills and competencies acquired
			 during pre-apprenticeship training.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0401 - Youth Apprenticeship Program Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  344.745 &
				  344.750,
				  660.120
Stats. Implemented: ORS
				  344.745 &
				  344.750,
				  660.120
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0402 - Youth Apprentice Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  344.745,
				  660.120
Stats. Implemented: ORS
				  344.745
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0403 - Youth Apprentice Selection

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  344.745,
				  660.120
Stats. Implemented: ORS
				  344.745
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0404 - Youth Apprentice Training Agents

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  344.745 &
				  344.750,
				  660.120
Stats. Implemented: ORS
				  344.745,
				  660.120 &
				  660.137
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0405 - Youth Apprentice Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  344.750,
				  660.120
Stats. Implemented: ORS
				  660.120
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0406 - Youth Apprentice Ratios

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0407 - Youth Apprentice Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  344.745 &
				  344.750,
				  660.120
Stats. Implemented: ORS
				  344.745 &
				  344.750
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0408 - Transfer of Youth Apprentices

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  660.120
Stats. Implemented: ORS
				  660.120