ORS 660.126
Apprenticeship standards

rules

Text
Annotations 6

(1)

Apprenticeship standards shall contain statements of:

(a)

The apprenticeable occupation to be taught and a designation of the geographical area or areas in which the standards will apply;

(b)

The qualifications required of apprentice applicants and the minimum eligible starting age, which is at least 16 years unless a higher age is required by law;

(c)

The outline of work processes in which the apprentice will receive supervised work experience and training on the job, and the allocation of the approximate time to be spent in each major process;

(d)

The term required for completion of apprenticeship, which shall be consistent with requirements established by industry practice for the development of requisite skills, but in no event shall be less than 2,000 hours of reasonably continuous work experience;

(e)

The approximate number of hours to be spent by the apprentice at work and the approximate number of hours to be spent in related and supplemental instruction;

(f)

The minimum numeric ratio of journeyworkers to apprentices consistent with proper supervision, training, safety and continuity of employment, which shall be specifically and clearly stated as to application in terms of job site, workforce, department or plant;

(g)

A probationary period of up to one year or 25 percent of the length of the program, whichever is shorter, with full credit given for the probationary period toward completion of apprenticeship and with provision that during the probationary period, the apprenticeship agreement may be terminated without cause;

(h)

A progressively increasing schedule, showing the percentages of the journeyworker hourly wage to be paid the apprentice at each level of apprenticeship achieved;

(i)

Any additional provisions that the State Apprenticeship and Training Council and the Apprenticeship and Training Division of the Bureau of Labor and Industries may, by rule, deem necessary or advisable to effectuate the policies and duties prescribed and imposed by ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents); and

(j)

The content of related training with training objectives.

(2)

Notwithstanding subsection (1) of this section, the council and the division may approve the inclusion of standards of additional provisions, or of provisions that depart from the requirements of subsection (1) of this section, when such standards or provisions have been submitted by joint employer and employee groups, or may be part of legitimate bargaining agreements between an employer and employees. In making the decision, the council and the division shall consider the following factors:

(a)

The possibility that the provision might result in curtailment of opportunities for apprentices to receive training or continuity of employment;

(b)

The possibility that the provision might result in the diversion of needed qualified applicants for apprenticeship, and particularly of qualified applicants of protected classes, into unskilled or semiskilled jobs for which an adequate supply of labor already exists;

(c)

The possibility that the provision might result in disputes among the participants in the programs that might curtail the cooperation necessary to build an adequate, skilled labor force in the State of Oregon;

(d)

The need to safeguard the health, safety, continuity of employment and welfare of the apprentices and to ensure the public welfare;

(e)

The need to raise the level of skill in each apprenticeable occupation to provide to the public quality goods and services at a fair price and an adequate and skilled workforce for the defense of the nation; and

(f)

The need to provide training in the licensed occupations for the protection of the apprentices and of the general public.

(3)

The council and the division shall adopt rules to allow a local committee to determine the circumstances under which an electrical apprentice, who is working under ORS 479.510 (Short title) to 479.945 (Restricted energy contractor’s license) and has completed 6,500 hours of apprenticeship training for licenses requiring 8,000 hours of apprenticeship training or who has completed 5,000 hours of apprenticeship training for licenses requiring 6,000 hours of apprenticeship training, may work without direct supervision during the remainder of the apprenticeship. [1981 c.764 §8 (enacted in lieu of 660.125); 1989 c.698 §1; 2003 c.14 §407; 2005 c.22 §472; 2007 c.620 §6; 2010 c.15 §1; 2011 c.9 §85; 2011 c.140 §6]

Source: Section 660.126 — Apprenticeship standards; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors660.html.

See also annotations under ORS 660.125 in permanent edition.

Notes of Decisions

Under former similar statute (ORS 660.125)

State Apprenticeship Training Council is not authorized to include a maximum age qualification in apprenticeship or training agreements. Judson v. Apprenticeship and Training Council, 9 Or App 367, 495 P2d 291 (1972), Sup Ct review denied

In general

Apprenticeship agreement that is terminable without cause does not create right or privilege qualifying for contested case hearing. Berry v. Metro Electrical Joint Apprenticeship and Training Committee, 155 Or App 26, 963 P2d 712 (1998)

Attorney General Opinions

Under former similar statute (ORS 660.125)

Methods of establishing prevailing wage for apprenticeships, (1974) Vol 37, p 263; validity of residency requirements for apprenticeship program, (1974) Vol 37, p 274

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 660.126 Apprenticeship standards

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(3)

Notes of Decisions

In general

Attorney General Opinions

ORS 660.126
Apprenticeship standards