ORS Chapter 660 - Oregon Statutes

Chapter 660 — Apprenticeshipand Training; Workforce Development

 

2009 EDITION

 

 

APPRENTICESHIP;WORKFORCE DEVELOPMENT

 

LABOR,EMPLOYMENT; UNLAWFUL DISCRIMINATION

 

APPRENTICESHIPAND TRAINING

 

660.002     Declarationof policy

 

660.006     Application

 

660.010     Definitions

 

660.014     Committeesnot state agencies

 

660.020     Necessityfor written agreement; transfer of agreement to another employer

 

660.060     Contentsof agreement

 

660.110     StateApprenticeship and Training Council; members; confirmation; compensation and expenses

 

660.120     Dutiesand powers of council; rules

 

660.126     Apprenticeshipstandards; rules

 

660.135     Localjoint committees; members; meetings; authority of individual employed to assistcommittees

 

660.137     Dutiesof local apprenticeship and training programs

 

660.139     Applicantindentured to family business or current employer

 

660.142     Payrates for apprentices and journeymen; exception

 

660.145     Tradeapprenticeship and training committees

 

660.155     Statejoint committees; rules

 

660.157     Standardcourses of study for apprentices and trainees

 

660.158     Interstateagreements regarding courses of study

 

660.160     Coordinationof schooling for apprentices and trainees

 

660.162     Adoptionof policies, standards and programs by State Board of Education; rules

 

660.167     Adoptionof policies by council

 

660.170     StateDirector of Apprenticeship and Training; commissioner authority to employothers

 

660.190     Communitycollege training program advisory committee

 

660.205     Certificationof program completion for certain apprentices; card; rules; fee

 

660.210     Tortliability of committees, officers, employees and agents; limitations; punitivedamages excluded

 

WORKFORCEDEVELOPMENT

 

(GeneralProvisions)

 

660.300     Definitionsfor ORS 660.300 to 660.364

 

660.303     Findingsand policy

 

660.306     Findingsand policy; purpose of ORS 660.306, 660.312 and 660.315

 

660.309     Policy

 

(StateWorkforce Investment System)

 

660.312     Educationand Workforce Policy Advisor; duties; rules

 

660.315     Regionalworkforce committees; duties; strategic regional workforce plans

 

660.318     Dutiesof Department of Community Colleges and Workforce Development; rules

 

660.321     StateWorkforce Investment Board

 

660.324     Dutiesof state board; state plan for workforce investment system

 

660.327     Dutiesof local workforce investment boards

 

660.330     One-stopdelivery system; service providers

 

660.333     Useof workforce investment funds; one-stop delivery system services

 

660.334     Agreementsto create entities to perform workforce investment activities

 

660.336     Reportson performance of local training providers and programs

 

660.339     Participantrecords; confidentiality; when records available for inspection or release;rules

 

660.343     OregonCareer Readiness Certification Program; rules; annual report

 

660.346     Integratedworkforce delivery system; occupational prioritization; rules

 

660.349     Grantprogram for collaborative pilot projects providing high school studentsexperience and education in architecture, construction trades and engineering;rules

 

660.352     YouthEmployment Enhancement Fund

 

(Developmentof Green Jobs)

 

660.355     Definitionsfor ORS 660.355 to 660.364

 

660.358     Greenjobs growth initiative plan

 

660.361     Greenjobs and green economy terminology

 

660.364     Financialincentives and comprehensive strategies to promote green economy and greentechnology and innovation

 

660.367     Legislativefindings

 

660.370     Paymentof costs

 

APPRENTICESHIPAND TRAINING

 

      660.002Declaration of policy. It is the policy of the State of Oregon:

      (1)To encourage the development of an apprenticeship and training system throughthe voluntary cooperation of management, labor and interested state agencies,and in cooperation with other states and the federal government.

      (2)To provide for the establishment and promotion of standards of apprenticeship andtraining to safeguard the welfare of apprentices and trainees and ensure propertraining of an adequate, skilled labor force.

      (3)To encourage the preparation of persons with skills that will enable them tofind gainful employment in an ever-changing society and ensure the continuedgrowth and development of the economy of Oregon by contributing to themaintenance of an adequate supply of skilled workers. [1957 c.270 §2; 1967 c.6 §2;2007 c.620 §1]

 

      660.006Application.(1) ORS 660.002 to 660.210 shall apply to persons, political subdivisions,employer associations, and organizations of employees that agree to conform toits provisions.

      (2)Nothing in ORS 660.002 to 660.210 is intended to supersede the civil service ormerit systems applicable to state agencies and political subdivisions.Employees of state agencies and political subdivisions may be recognized andregistered as apprentices, and may serve on apprenticeship committees whenapproved by the State Apprenticeship and Training Council in conformity withORS 660.002 to 660.210. Where an individual apprentice who is employed by astate agency or political subdivision wishes to participate in anapprenticeship and training program, the council may approve program standardswhich set forth a progressive wage within the salary structure range forjourneymen employed by such state agency or political subdivision. [1957 c.270 §10(1);1963 c.151 §3; 1967 c.6 §3; 1977 c.490 §1; 1981 c.764 §1]

 

      660.010Definitions.As used in ORS 660.002 to 660.210, unless the context requires otherwise:

      (1)“Apprentice” means a worker who is at least 16 years of age, except when ahigher minimum age is otherwise required by law, and who is employed to learnan apprenticeable occupation under standards of apprenticeship approved by theState Apprenticeship and Training Council and under an apprenticeship agreementrecognized by the council.

      (2)“Apprenticeable occupation” means a skilled trade that:

      (a)Is customarily learned in a practical way through a structured, systematicprogram of on-the-job supervised training;

      (b)Is clearly identified and commonly recognized throughout an industry;

      (c)Involves manual, mechanical or technical skills and knowledge that require aminimum of 2,000 hours of on-the-job supervised training; and

      (d)Requires related instruction to supplement the on-the-job training.

      (3)“Apprenticeship agreement” means a written agreement between an apprentice andeither the training agent or the local joint committee that contains theminimum terms and conditions of the employment and training of the apprentice.

      (4)“Course of study” means a course of study for the instruction of apprentices ortrainees established in accordance with ORS 660.157.

      (5)“District school board” includes the boards of community college servicedistricts, education service districts, common school districts and communitycollege districts.

      (6)“Employer” means any person employing the services of an apprentice, regardlessof whether the person is a party to an apprenticeship agreement with theapprentice.

      (7)“Local joint committee” includes local joint apprenticeship committees, localjoint training committees and trade committees.

      (8)“Program” means the total system of apprenticeship as operated by a particularlocal joint committee, including the committee’s registered standards and allother terms and conditions for the qualification, recruitment, selection,employment and training of apprentices in that apprenticeable occupation.

      (9)“Trainee” means a worker who is at least 16 years of age, except when a higherminimum age is otherwise required by law, and who is to receive, in partconsideration for services, complete instruction in an occupation that meetsall the requirements of an apprenticeable occupation, except that suchoccupation requires, in the opinion of the council, less than 2,000 but notless than 1,000 hours of on-the-job supervised training.

      (10)“Training agent” means an employer that is registered with a local jointcommittee and the Apprenticeship and Training Division of the Bureau of Laborand Industries. [Amended by 1957 c.270 §3; 1963 c.151 §4; 1967 c.6 §1; 1971c.271 §1; 1977 c.490 §2; 1981 c.764 §2; 2007 c.71 §215; 2007 c.620 §2]

 

      660.014Committees not state agencies. Local joint committees formed under ORS660.135, trade committees for apprenticeship and training formed under ORS660.145 and state joint committees formed under ORS 660.155 shall not beconsidered state agencies for any purpose. [1997 c.31 §2]

 

      660.015 [1963 c.645 §2;1967 c.6 §6; repealed by 1981 c.764 §20]

 

      660.020Necessity for written agreement; transfer of agreement to another employer. (1) Everyapprentice and either the apprentice’s training agent or the local jointcommittee shall sign a written apprenticeship agreement on a form approved bythe State Apprenticeship and Training Council or on a form to which the councilchairperson may grant interim approval. The agreement shall be signed andregistered with the council as soon as practicable, but not later than 90 daysafter the start of the apprenticeship.

      (2)When a training agent is unable or unwilling to fulfill its obligations underan apprenticeship agreement, the local joint committee may approve the transferof the training agent’s obligation under the program standards to a subsequentapproved training agent under the same program, with the consent of theapprentice. In such cases, it is not necessary to sign and register a newapprenticeship agreement, notwithstanding the requirements of subsection (1) ofthis section. [Amended by 1955 c.719 §1; 1957 c.270 §4; 1967 c.6 §7; 1981 c.764§3; 2007 c.620 §3]

 

      660.030 [Amended by1955 c.719 §2; 1957 c.270 §5; 1967 c.6 §8; repealed by 1981 c.764 §20]

 

      660.040 [Repealed by1955 c.719 §12]

 

      660.050 [Repealed by1955 c.719 §12]

 

      660.060Contents of agreement. To be registered with the State Apprenticeship andTraining Council, every apprenticeship or training agreement shall contain:

      (1)The names and signatures of the apprentice or trainee and of a parent or guardianif the apprentice or trainee is a minor;

      (2)The names and addresses of the appropriate local joint committee and of thecouncil;

      (3)The date of birth of the apprentice or trainee;

      (4)The beginning date and duration of the apprenticeship or training and theapprenticeable or trainable occupation in which the apprentice or trainee is tobe trained;

      (5)A statement that the parties to the agreement shall abide by the applicablestandards existing as of the date of the agreement, and as amended during theduration of the agreement, and a provision incorporating the standardsexplicitly or by reference as part of the agreement;

      (6)A statement that there is a probationary period during which the apprenticeshipagreement may be terminated by either party to the agreement upon writtennotice to the Apprenticeship and Training Division of the Bureau of Labor andIndustries;

      (7)A statement that after the probationary period the apprenticeship agreement maybe canceled at the request of the apprentice or may be suspended, canceled orterminated by the committee for good cause, which includes but is not limitedto failure to report to work, nonattendance at related training, failure tosubmit work progress reports and lack of response to committee citations, withprior written notice to the apprentice, and with written notice to theapprentice and to the Apprenticeship and Training Division of the Bureau ofLabor and Industries of the final action taken by the committee;

      (8)Such additional provisions as the council may deem necessary or advisable toeffectuate the policies and duties prescribed and imposed by ORS 660.002 to660.210, provided such provisions are customarily subject to agreement betweentraining agents and apprentices or trainees; and

      (9)A waiver by the apprentice granting permission for the release of relatedtraining school records to the appropriate joint apprenticeship committee forthe purpose of evaluation. [Amended by 1955 c.719 §3; 1957 c.270 §6; 1967 c.6 §9;1981 c.764 §4; 1985 c.98 §2; 2007 c.620 §4]

 

      660.110State Apprenticeship and Training Council; members; confirmation; compensationand expenses.(1) The State Apprenticeship and Training Council shall consist of ninemembers, including the Commissioner of the Bureau of Labor and Industries andeight members appointed by the Governor as follows:

      (a)Four members from apprenticeable building and construction crafts or tradesthat have programs approved and registered with the council, including twomembers representing employers and two members representing employees;

      (b)Two members from other apprenticeable occupations that have programs approvedand registered with the council, including one member representing employersand one member representing employees; and

      (c)Two members representing the public.

      (2)To qualify to be a member of the council, an individual shall provide theGovernor with documentation showing that the individual meets at least one ofthe following requirements:

      (a)Active participation on an apprenticeship governing body for a minimum of fouryears; or

      (b)A minimum of four years of experience in workforce development or investmentactivities, vocational training or education, apprenticeship programadministration or a related discipline.

      (3)(a)Each member shall be appointed for a term of four years and shall hold officeuntil a successor has been appointed and has qualified. When the term of amember expires, the Governor shall appoint a successor within 90 days after theterm expiration date. A member may not automatically be removed from thecouncil in midterm should the member’s industry withdraw from the program foreconomic reasons.

      (b)Any vacancy occurring among the appointed members shall be filled byappointment, as provided in this section, for the unexpired portion of theterm.

      (c)All appointments of members of the council by the Governor are subject toconfirmation by the Senate pursuant to section 4, Article III, OregonConstitution.

      (4)The Commissioner of the Bureau of Labor and Industries shall serve as thechairperson of the council with the power to cast the deciding vote in case ofa tie. The council shall choose from among its members a vice chairperson topreside at meetings and perform other functions of the chairperson when thecommissioner is absent.

      (5)Each member of the council is entitled to compensation and expenses as providedin ORS 292.495. [Amended by 1955 c.719 §6; 1967 c.6 §10; 1969 c.314 §71; 1973c.792 §31; 1981 c.764 §5; 1983 c.318 §1; 1985 c.98 §3; 2007 c.620 §5]

 

      660.112 [1977 c.490 §7;repealed by 1981 c.764 §20]

 

      660.115 [1963 c.645 §3;1967 c.6 §12; repealed by 1981 c.764 §20]

 

      660.120Duties and powers of council; rules. (1) The State Apprenticeship andTraining Council shall enforce the provisions of ORS 660.002 to 660.210 inorder to carry out the intent and purposes of those provisions. With theassistance of the State Director of Apprenticeship and Training and thedirector’s staff, the council may conduct