Or. Admin. R. 839-011-0162

Current through Register Vol. 63, No. 9, September 1, 2024

Section 839-011-0162 - Employer Training Agents

(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the committees serving programs in which the employer had participated that the employer's training agent status has been revoked by operation of this rule.

(5) In limited cases where special conditions exist, the Council may consider an employer's request to participate in multiple programs in the same occupation within the same geographical area:

(a) When an individual construction project has special conditions warranting consideration for multiple training agent status, the employer must work with all committees involved to establish a plan that provides for the health, safety, and continuity of employment for all apprentices.

(b) When the committees and employer have reached agreement on a plan that will enhance the training opportunities for all apprentices, they shall jointly submit a written request to the Council outlining their plan and requesting the exemption from section (2) of this rule.

(6) An employer with a principal place of business outside the geographic jurisdiction of a local committee may seek approval to register with that local committee as a training agent. Each such employer must agree to comply with Oregon state, county and municipal laws, rules and ordinances and the rules, policies, procedures and standards of the local committee.

(a) The employer and the local committee must agree on the manner in which local apprentices will be utilized.

(b) Registration as a training agent in Oregon is not required if the employer is approved as a training agent in a state that participates in the multi-state apprenticeship reciprocity agreement, provided:

(A) The standards are equivalent to Oregon apprenticeship standards for the occupation; and

(B) The employer and sponsor maintain good standing in their home state.

(b) Reciprocal approval for federal purposes is accorded to contractors, apprentices, apprenticeship programs and standards that are registered with the USDOL Office of Apprenticeship ("OA") or registered to other State Apprenticeship Registration Agencies duly recognized by OA for federal public works projects in Oregon that are subject to the Davis-Bacon Act, in accordance with 29 CFR 29.5(b)(13).

(c) Reciprocal approval for non-federal purposes will be accorded to contractors, apprentices, apprenticeship programs and standards that are registered with the USDOL Office of Apprenticeship or a duly authorized State Registration Agency:

(A) The apprenticeship standards must be equivalent to Oregon standards for the occupation.

(B) The employer and its sponsor must have passed any probationary period mandated by their registration agency.

(C) Recognition of reciprocity is valid for one (1) year. A new letter of recognition shall be issued upon request accompanied by required documentation.

(D) For occupations requiring an Oregon plumbing or electrical license, employers and apprentices must be registered with an Oregon committee in order to obtain the required apprentice license.

Or. Admin. R. 839-011-0162

BL 17-1979, f. & ef. 11-8-79; BL 1-1991, f. & cert. ef. 1-23-91; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 1-2012, f. & cert. ef. 1-3-12; BLI 15-2015, f. & cert. ef. 11/12/2015

Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120(1) & 660.137(5)