Or. Admin. Code § 839-011-0310

Current through Register Vol. 63, No. 11, November 1, 2024

Section 839-011-0310 - Apprentice Rights

(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.

(2) Within the constraints of industry and market conditions, the apprentice has the right to be employed and diligently and faithfully trained by the committee's approved training agents in accordance with the terms and conditions of the Apprenticeship Agreement and Apprenticeship Standards.

(3) The apprentice has the right to minimum compensation at the apprentice rate of pay as determined by the local apprenticeship committee pursuant to the standards or appropriate prevailing wage classification for all activities performed subsequent to the normal start time of the regular work day and prior to the completion of assigned duties during the work day.

(4) The apprentice has the right to classroom and workplace conditions that are free of harassment or intimidation.

(a) "Harassment or intimidation" includes any act that takes place on or immediately adjacent to apprenticeship classrooms or training agent work sites that:

(A) Substantially interferes with the apprentice's educational benefits, opportunities or performance; and

(B) Has the effect of:

(i) Physically harming an apprentice or damaging an apprentice's property; or

(ii) Knowingly placing an apprentice in reasonable fear of physical harm to the apprentice or damage to the apprentice's property; or

(iii) Creating a hostile educational environment, including interfering with the psychological well-being of an apprentice; and

(C) May be based on, but not limited to, the protected class status of a person.

(5) If a probationary apprentice's registration agreement is suspended, the time spent on suspension will not apply to the calculation of one year.

Or. Admin. Code § 839-011-0310

BL 7-1991, f. & cert. ef. 8-15-91 (and corrected 2-3-92); 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 660.120(1)

Stats. Implemented: ORS 660.120(2)(a)