2015 ORS 660.137¹
Duties of local apprenticeship and training programs

Every local apprenticeship or training program administered by a local joint committee, or by a trade committee functioning as a local joint committee, shall:

(1) Propose to the State Apprenticeship and Training Council and the Apprenticeship and Training Division of the Bureau of Labor and Industries standards for the local program that are in substantial conformity with ORS 660.126 (Apprenticeship standards) and with the uniform standards, if any, adopted by the state joint committee for that occupation, and recommend to the council and the division modifications of the standards.

(2) Administer its program in conformity with its approved standards, with the provisions of ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents), and with the rules and policies of the council and the division. Particularly, the local joint committee shall:

(a) Maintain records of all apprentices in its program, with respect to work experience, instruction on the job, attendance at related instruction and progress, and such other records as may be appropriate or required, and shall submit such reports as the council, division or other appropriate governmental agencies may require;

(b) Submit to the state joint committee appropriate requests for changes in courses of study for the instruction of apprentices; and

(c) Be responsible for apprentices receiving necessary on-the-job and related instruction, and for all apprenticeship agreements being promptly registered with the council.

(3) Be responsible for the recruitment, qualification, selection, approval and registration of apprentices entering the program, including the evaluation of previous creditable work experience, education and training for which advanced credit must be given, provided that advanced credit may be given for such creditable experience, education and training.

(4) Review and evaluate, at least semiannually, the progress of each apprentice, as to job performance and related instruction, and consistent with the skill acquired, accordingly advance the apprentice to the next level of apprenticeship or hold the apprentice at the same level for a reasonable period, and with reasonable opportunity for corrective action, or terminate the apprentice from the program for serious or continued inadequate progress and notify the council and the division of the action taken. The council, the division and the appropriate training agent shall also be notified of each rerating and of the apprentice’s new level on the wage schedule. Recognition for successful completion of apprenticeship shall be evidenced by an appropriate certificate issued by the council.

(5)(a) Determine the qualifications, minimum facilities and training conditions required of an employer to serve as an approved training agent, and approve training agents accordingly;

(b) Make periodic checks of approved training agents to ensure that there are qualified training personnel and that there is adequate supervision on the job, adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction; and

(c) Withdraw approval of training agents when the qualifications are no longer met or when it appears to the committee that the training agent is in violation of the terms of an apprenticeship agreement, standards, provisions of ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents) or the rules and policies of the council and the division.

(6) Determine and redetermine at least annually the average journeyworker hourly rate of wage for the purposes of ORS 660.142 (Pay rates for apprentices and journeyworkers) and submit the rate to the State Director of Apprenticeship and Training, along with a statement explaining how the determination was made. Training agents that fail or refuse to provide their committees with information shall be terminated as approved training agents. The council and the division may withhold approval of a new program or terminate an existing program for failure or refusal by the committee or its training agents to keep the established journeyworker hourly rate of wage current and correct. The committee shall retain all records from which a wage determination was made for inspection by the council and division, as required by law. [1981 c.764 §13 (enacted in lieu of 660.141); 2007 c.620 §8; 2011 c.140 §7]

Notes of Decisions

Local committee decision to terminate post-proba­tionary apprentice is final agency ac­tion subject to Administrative Procedures Act contested case process. Fairbanks v. Bureau of Labor and Industries, 323 Or 88, 913 P2d 703 (1996)

1 Legislative Counsel Committee, CHAPTER 660—Apprenticeship and Training; Workforce Development, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors660.­html (2015) (last ac­cessed Jul. 16, 2016).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 660, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano660.­html (2015) (last ac­cessed Jul. 16, 2016).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.