2007 Oregon Code - Chapter 660 :: Chapter 660 - Apprenticeship and Training - Workforce Development
Chapter 660 —
Apprenticeship and Training; Workforce Development
2007 EDITION
APPRENTICESHIP; WORKFORCE DEVELOPMENT
LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION
APPRENTICESHIP AND TRAINING
660.002Â Â Â Â Declaration
of policy
660.006Â Â Â Â Application
660.010Â Â Â Â Definitions
660.014Â Â Â Â Committees
not state agencies
660.020Â Â Â Â Necessity
for written agreement; transfer of agreement to another employer
660.060Â Â Â Â Contents
of agreement
660.110Â Â Â Â State
Apprenticeship and Training Council; members; confirmation; compensation and expenses
660.120Â Â Â Â Duties
and powers of council; rules
660.126Â Â Â Â Apprenticeship
standards; rules
660.135Â Â Â Â Local
joint committees; members; meetings; authority of individual employed to assist
committees
660.137Â Â Â Â Duties
of local apprenticeship and training programs
660.139Â Â Â Â Applicant
indentured to family business or current employer
660.142Â Â Â Â Pay
rates for apprentices and journeymen; exception
660.145Â Â Â Â Trade
apprenticeship and training committees
660.155Â Â Â Â State
joint committees; rules
660.157Â Â Â Â Standard
courses of study for apprentices and trainees
660.158Â Â Â Â Interstate
agreements regarding courses of study
660.160Â Â Â Â Coordination
of schooling for apprentices and trainees
660.162Â Â Â Â Adoption
of policies, standards and programs by State Board of Education; rules
660.167Â Â Â Â Adoption
of policies by council
660.170Â Â Â Â State
Director of Apprenticeship and Training; commissioner authority to employ
others
660.190Â Â Â Â Community
college training program advisory committee
660.205Â Â Â Â Certification
of program completion for certain apprentices; card; rules; fee
660.210Â Â Â Â Tort
liability of committees, officers, employees and agents; limitations; punitive
damages excluded
WORKFORCE DEVELOPMENT
(General Provisions)
660.300Â Â Â Â Definitions
for ORS 660.300 to 660.339
660.303Â Â Â Â Findings
and policy
660.306Â Â Â Â Findings
and policy; purpose of ORS 660.306, 660.312 and 660.315
660.309Â Â Â Â Policy
(State Workforce Investment System)
660.312Â Â Â Â Education
and Workforce Policy Advisor; duties; rules
660.315Â Â Â Â Regional
workforce committees; duties; strategic regional workforce plans
660.318Â Â Â Â Duties
of Department of Community Colleges and Workforce Development; rules
660.321Â Â Â Â State
Workforce Investment Board
660.324Â Â Â Â Duties
of state board; state plan for workforce investment system
660.327Â Â Â Â Duties
of local workforce investment boards
660.330Â Â Â Â One-stop
delivery system; service providers
660.333Â Â Â Â Use
of workforce investment funds; one-stop delivery system services
660.336Â Â Â Â Reports
on performance of local training providers and programs
660.339Â Â Â Â Participant
records; confidentiality; when records available for inspection or release;
rules
660.342Â Â Â Â Agreements
to create entities to perform workforce investment activities
APPRENTICESHIP AND TRAINING
     660.002
Declaration of policy. It is
the policy of the State of
     (1) To encourage the development of an
apprenticeship and training system through the 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 and training to safeguard the welfare
of apprentices and trainees and ensure proper training of an adequate, skilled
labor force.
     (3) To encourage the preparation of
persons with skills that will enable them to find gainful employment in an
ever-changing society and ensure the continued growth and development of the
economy of
     660.006
Application. (1) ORS 660.002
to 660.210 shall apply to persons, political subdivisions, employer
associations, and organizations of employees that agree to conform to its
provisions.
     (2) Nothing in ORS 660.002 to 660.210 is
intended to supersede the civil service or merit systems applicable to state
agencies and political subdivisions. Employees of state agencies and political
subdivisions may be recognized and registered as apprentices, and may serve on
apprenticeship committees when approved by the State Apprenticeship and
Training Council in conformity with ORS 660.002 to 660.210. Where an individual
apprentice who is employed by a state agency or political subdivision wishes to
participate in an apprenticeship and training program, the council may approve
program standards which set forth a progressive wage within the salary
structure range for journeymen 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]
     660.010
Definitions. 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 a higher minimum age is otherwise required
by law, and who is employed to learn an apprenticeable occupation under
standards of apprenticeship approved by the State Apprenticeship and Training
Council and under an apprenticeship agreement recognized by the council.
     (2) “Apprenticeable occupation” means a
skilled trade that:
     (a) Is customarily learned in a practical
way through a structured, systematic program 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 a minimum 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 and either the training agent or the
local joint committee that contains the minimum 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 or trainees established in accordance
with ORS 660.157.
     (5) “District school board” includes the
boards of community college service districts, education service districts,
common school districts and community college districts.
     (6) “Employer” means any person employing
the services of an apprentice, regardless of whether the person is a party to
an apprenticeship agreement with the apprentice.
     (7) “Local joint committee” includes local
joint apprenticeship committees, local joint training committees and trade
committees.
     (8) “Program” means the total system of
apprenticeship as operated by a particular local joint committee, including the
committeeÂ’s registered standards and all other 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 higher minimum age is otherwise required
by law, and who is to receive, in part consideration for services, complete
instruction in an occupation that meets all the requirements of an
apprenticeable occupation, except that such occupation requires, in the opinion
of the council, less than 2,000 but not less than 1,000 hours of on-the-job
supervised training.
     (10) “Training agent” means an employer
that is registered with a local joint committee and the Apprenticeship and
Training Division of the Bureau of Labor and Industries. [Amended by 1957 c.270
§3; 1963 c.151 §4; 1967 c.6 §1; 1971 c.271 §1; 1977 c.490 §2; 1981 c.764 §2;
2007 c.71 §215; 2007 c.620 §2]
     660.014
Committees not state agencies.
Local joint committees formed under ORS 660.135, trade committees for
apprenticeship and training formed under ORS 660.145 and state joint committees
formed under ORS 660.155 shall not be considered 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]
     660.020
Necessity for written agreement; transfer of agreement to another employer. (1) Every apprentice and either the
apprenticeÂ’s training agent or the local joint committee shall sign a written
apprenticeship agreement on a form approved by the State Apprenticeship and
Training Council or on a form to which the council chairperson may grant
interim approval. The agreement shall be signed and registered with the council
as soon as practicable, but not later than 90 days after the start of the
apprenticeship.
     (2) When a training agent is unable or
unwilling to fulfill its obligations under an apprenticeship agreement, the
local joint committee may approve the transfer of the training agentÂ’s
obligation under the program standards to a subsequent approved training agent
under the same program, with the consent of the apprentice. In such cases, it
is not necessary to sign and register a new apprenticeship agreement, notwithstanding
the requirements of subsection (1) of this 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 by 1955 c.719 §2; 1957 c.270 §5;
1967 c.6 §8; repealed by 1981 c.764 §20]
     660.040 [Repealed by 1955 c.719 §12]
     660.050 [Repealed by 1955 c.719 §12]
     660.060
Contents of agreement. To be
registered with the State Apprenticeship and Training Council, every
apprenticeship or training agreement shall contain:
     (1) The names and signatures of the
apprentice or trainee and of a parent or guardian if the apprentice or trainee
is a minor;
     (2) The names and addresses of the
appropriate local joint committee and of the council;
     (3) The date of birth of the apprentice or
trainee;
     (4) The beginning date and duration of the
apprenticeship or training and the apprenticeable or trainable occupation in
which the apprentice or trainee is to be trained;
     (5) A statement that the parties to the
agreement shall abide by the applicable standards existing as of the date of
the agreement, and as amended during the duration of the agreement, and a
provision incorporating the standards explicitly or by reference as part of the
agreement;
     (6) A statement that there is a
probationary period during which the apprenticeship agreement may be terminated
by either party to the agreement upon written notice to the Apprenticeship and
Training Division of the Bureau of Labor and Industries;
     (7) A statement that after the
probationary period the apprenticeship agreement may be canceled at the request
of the apprentice or may be suspended, canceled or terminated by the committee
for good cause, which includes but is not limited to failure to report to work,
nonattendance at related training, failure to submit work progress reports and
lack of response to committee citations, with prior written notice to the
apprentice, and with written notice to the apprentice and to the Apprenticeship
and Training Division of the Bureau of Labor and Industries of the final action
taken by the committee;
     (8) Such additional provisions as the
council may deem necessary or advisable to effectuate the policies and duties
prescribed and imposed by ORS 660.002 to 660.210, provided such provisions are
customarily subject to agreement between training agents and apprentices or
trainees; and
     (9) A waiver by the apprentice granting
permission for the release of related training school records to the
appropriate joint apprenticeship committee for the 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]
     660.110
State Apprenticeship and Training Council; members; confirmation; compensation
and expenses. (1) The State
Apprenticeship and Training Council shall consist of nine members, including
the Commissioner of the Bureau of Labor and Industries and eight members
appointed by the Governor as follows:
     (a) Four members from apprenticeable
building and construction crafts or trades that have programs approved and
registered with the council, including two members representing employers and
two members representing employees;
     (b) Two members from other apprenticeable
occupations that have programs approved and registered with the council,
including one member representing employers and 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 the Governor with documentation showing
that the individual meets at least one of the following requirements:
     (a) Active participation on an
apprenticeship governing body for a minimum of four years; or
     (b) A minimum of four years of experience
in workforce development or investment activities, vocational training or
education, apprenticeship program administration or a related discipline.
     (3)(a) Each member shall be appointed for
a term of four years and shall hold office until a successor has been appointed
and has qualified. When the term of a member expires, the Governor shall
appoint a successor within 90 days after the term expiration date. A member may
not automatically be removed from the council in midterm should the memberÂ’s
industry withdraw from the program for economic reasons.
     (b) Any vacancy occurring among the
appointed members shall be filled by appointment, as provided in this section,
for the unexpired portion of the term.
     (c) All appointments of members of the
council by the Governor are subject to confirmation by the Senate pursuant to
section 4, Article III, Oregon Constitution.
     (4) The Commissioner of the Bureau of
Labor and Industries shall serve as the chairperson of the council with the
power to cast the deciding vote in case of a tie. The council shall choose from
among its members a vice chairperson to preside at meetings and perform other
functions of the chairperson when the commissioner is absent.
     (5) Each member of the council is entitled
to compensation and expenses as provided in ORS 292.495. [Amended by 1955 c.719
§6; 1967 c.6 §10; 1969 c.314 §71; 1973 c.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]
     660.120
Duties and powers of council; rules. (1) The State Apprenticeship and Training Council shall enforce the
provisions of ORS 660.002 to 660.210 in order to carry out the intent and
purposes of those provisions. With the assistance of the State Director of
Apprenticeship and Training and the directorÂ’s staff, the council may conduct
investigations, issue subpoenas and subpoenas duces tecum, obtain evidence,
administer oaths and take testimony in all matters relating to the councilÂ’s
duties and functions as set forth in ORS 660.002 to 660.210 when the
information sought is relevant to a lawful investigative purpose and is
reasonable in scope. The council shall adopt rules for gathering information
through subpoenas or testimony. The rules must include procedures through which
a party may object to providing information. After being served with a
subpoena, if a person refuses, without reasonable cause, to be examined, to
answer any question or to produce any document or other thing as required by
the subpoena, the council may petition the circuit court in the county in which
the investigation is pending for an order directing the person to show cause
why the person has not complied with the subpoena and should not be held in
contempt. The council shall serve the courtÂ’s order upon the person in the
manner provided by ORCP 55 D. If the person fails to show cause for the
noncompliance, the court shall order the person to comply with the subpoena
within such time as the court shall direct and may hold the person in contempt.
     (2) The council may bring suit in a court
of proper jurisdiction in the councilÂ’s own name, or in the name of an
apprentice on behalf of the apprentice, through the district attorney or the
Attorney General.
     (3) The council may adopt rules that are
reasonably necessary to enforce and administer ORS 660.002 to 660.210. In
adopting the rules, the council shall comply with ORS chapter 183. In addition,
where the council finds that it would be impractical for a number or all of the
local joint committees in the state to develop criteria concerning a particular
matter, the council may adopt rules on the matter. The councilÂ’s rules shall
govern on that matter except to the extent that a local joint committeeÂ’s
approved standards contain exceptions.
     (4) The council also shall:
     (a) Establish policy of the program so as
to encourage the promotion, expansion and improvement of programs of
apprenticeship and training;
     (b) Approve and register such program
standards and modifications thereto, as are submitted by appropriate local
joint committees as provided in ORS 660.126, which are in substantial
conformity with the statewide standards approved under ORS 660.155;
     (c) Establish committees and approve
nominations of members and alternates to local joint committees and state joint
committees to ensure balanced representation of employer and employee groups;
     (d) Deregister standards and terminate
entire programs, and remove any or all members of any committee, for inactivity
or inadequate activity, or for failure to abide by the provisions of ORS
660.002 to 660.210 or by the rules and policies of the council;
     (e) Cooperate with interested state and
federal agencies, including the Department of Education and other providers of
related training and curriculum such as community college districts, community
college service districts, education service districts and recognized industry
programs;
     (f) Perform such other functions and
duties as are necessary or appropriate to carry out the purposes of ORS 660.002
to 660.210; and
     (g) Hold at least four regular public
meetings each year. Executive sessions shall be held on call of the
chairperson, or at the written request of a majority of the members of the
council. [Amended by 1955 c.719 §7; 1957 c.270 §7; 1967 c.6 §13; 1971 c.271 §2;
1975 c.605 §32; 1981 c.764 §6; 2007 c.277 §5]
     660.122 [1963 c.645 §4; 1967 c.6 §14; repealed by
1985 c.98 §5]
     660.125 [1955 c.719 §5; 1957 c.270 §8; 1967 c.6 §15;
1977 c.299 §1; 1979 c.831 §1; repealed by 1981 c.764 §20 (660.126 enacted in
lieu of 660.125)]
     660.126
Apprenticeship standards; rules. (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 journeymen
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 reasonable in
relation to the full apprenticeship term, 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 journeyman hourly wage to be paid the apprentice
at each level of apprenticeship achieved;
     (i) Such additional provisions as the
State Apprenticeship and Training Council may, by rule, deem necessary or
advisable to effectuate the policies and duties prescribed and imposed by ORS
660.002 to 660.210; and
     (j) The content of related training with
training objectives.
     (2) Notwithstanding subsection (1) of this
section, the council 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 its decision, the
council 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
     (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 shall adopt rules to allow
a local committee to determine the circumstances under which an apprentice
electrician, who is working under ORS 479.510 to 479.945 and has completed
6,500 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]
     660.128 [1957 c.270 §10(2); 1967 c.6 §16; repealed
by 1981 c.764 §20]
     660.130 [Amended by 1955 c.719 §8; 1967 c.6 §17;
repealed by 1969 c.597 §281]
     660.135
Local joint committees; members; meetings; authority of individual employed to
assist committees. (1) In
each locality where apprentices are employed, the State Apprenticeship and
Training Council may approve as many local joint committees as are necessary to
serve the needs of the various apprenticeable occupations. Local joint
committees in building and construction trades occupations may be approved by
the council only as group programs serving multiple employers.
     (2) Each local joint committee shall have
no more than eight principal members, all actively participating in
apprenticeship programs, and shall consist of an equal number of
representatives of employers and employees. One alternate member may be
selected for each principal committee member. Committee members and the
alternate members shall be selected pursuant to procedures established by the
council. The alternate members may attend all committee meetings, participate
in discussions and perform such duties as may be delegated to them by the
committee, but may not vote at committee meetings except when actually
substituting for an absent principal committee member for their respective
employer or employee.
     (3) To qualify as a local joint committee
member representing employees, a prospective employee representative must be a
member of the collective bargaining unit if a collective bargaining agreement
exists for the trade or occupation that is the subject of the apprenticeship or
training program administered by the committee. If no collective bargaining
agreement exists, the prospective employee representative must be, or have
been, a skilled practitioner of the particular trade or occupation that is the
subject of the apprenticeship or training program administered by the
committee.
     (4) Each local joint committee shall
select a chairperson and a secretary, for such terms and with such powers and
duties necessary for the performance of the functions of those offices as the
committee determines. A quorum for the transaction of committee business
consists of two representatives of employers and two representatives of
employees. Each local joint committee shall meet as often as is necessary to
transact business. Meetings may be called by the chairperson or at the request
of the majority of the members of the committee.
     (5) When an individual is employed by a
joint industry group, association or trust to assist local joint apprenticeship
or training committees, trade committees or state joint committees in the
performance of their statutory duties, the individual is authorized to perform
any clerical, ministerial or other functions as the committees may direct. [1967
c.6 §19; 1977 c.490 §3; 1981 c.764 §11; 1985 c.98 §1; 2007 c.620 §7]
     660.137
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 standards for the local program that are in substantial
conformity with ORS 660.126 and with the uniform standards, if any, adopted by
the state joint committee for that occupation, and recommend to the council
modifications of the standards.
     (2) Administer its program in conformity
with its approved standards, with the provisions of ORS 660.002 to 660.210, and
with the rules and policies of the council. 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 or
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 Apprenticeship and
Training Division of the Bureau of Labor and Industries of the action taken.
The council and the appropriate training agent shall also be notified of each
rerating and of the apprenticeÂ’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 to 660.210 or the rules and
policies of the council.
     (6) Determine and redetermine at least
annually the average journeyman hourly rate of wage for the purposes of ORS
660.142 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 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
journeyman 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, as required by law. [1981 c.764 §13 (enacted in lieu of 660.141); 2007
c.620 §8]
     660.139
Applicant indentured to family business or current employer. (1) Unless the State Apprenticeship and
Training Council determines there is an adverse impact on apprenticeship
opportunities based on an individualÂ’s race, sex or ethnic group, an applicant
who is otherwise eligible for selection as an apprentice under the selection
method used by the local joint committee may, with the consent of the
applicant, be indentured to a family business or the applicantÂ’s current
employer without regard to whether another employer would otherwise be entitled
to indenture the apprentice under the selection method used by the local joint
committee.
     (2) As used in this section:
     (a) “Current employer” means the employer
with whom the applicant has been a full-time, regular employee for at least six
months before the applicant is selected into the apprenticeship program.
     (b) “Family business” means a business
owned in whole or in part by a parent or grandparent of the applicant. [1999
c.755 §2]
     Note: The amendments to 660.139 by section 30,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 660.139 by section 30, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 660.139, as amended by section
30, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     660.139. (1) Unless the State Apprenticeship and
Training Council determines there is an adverse impact on apprenticeship
opportunities based on an individualÂ’s race, sex, sexual orientation or ethnic
group, an applicant who is otherwise eligible for selection as an apprentice
under the selection method used by the local joint committee may, with the consent
of the applicant, be indentured to a family business or the applicantÂ’s current
employer without regard to whether another employer would otherwise be entitled
to indenture the apprentice under the selection method used by the local joint
committee.
     (2) As used in this section:
     (a) “Current employer” means the employer
with whom the applicant has been a full-time, regular employee for at least six
months before the applicant is selected into the apprenticeship program.
     (b) “Family business” means a business
owned in whole or in part by a parent or grandparent of the applicant.
     660.140 [Amended by 1955 c.719 §9; repealed by 1967
c.6 §29]
     660.141 [1967 c.6 §20; 1971 c.271 §3; repealed by
1981 c.764 §20 (660.137 enacted in lieu of 660.141)]
     660.142
Pay rates for apprentices and journeymen; exception. (1) A training agent may not pay an
apprentice at a rate less than that obtained by applying the schedule, set
forth in the applicable standards, at the apprenticeÂ’s level of apprenticeship,
to the journeyman hourly rate of wage currently in effect for journeymen in the
occupation for which the apprentice is being trained, as determined by the
appropriate local joint committee.
     (2) The journeyman hourly wage rate shall
be the average hourly wage currently being paid by the training agents
participating in a program to their skilled workers, that is, to those
employees with demonstrated knowledge, experience and proficiency in that trade
or occupation who are currently performing the type of work for which the
apprentice is to be trained. Upon receipt of a committeeÂ’s determination of its
current journeyman hourly rate of wage, the State Director of Apprenticeship
and Training shall cause notice of the determination to be promptly mailed to
all apprentices and training agents participating in the program. The
determination shall be in effect from the date set forth in the determination
or, lacking such date, from the first of the month following the mailing of the
determination. However, neither the wage determination nor the effective date
alters the terms or effect of an existing collective bargaining agreement.
     (3) If a higher journeyman hourly wage
rate is prescribed by federal or state law for work on a particular project,
the higher rate so established is controlling for purposes of determining
apprentice wages applicable to that particular project.
     (4) Nothing stated in ORS 660.002 to
660.210 shall be construed to supersede the minimum wage or overtime provisions
of ORS chapters 652 and 653, or the rules adopted under ORS chapter 652 or 653.
Anything to the contrary notwithstanding, the entry wage (that wage derived by
applying the lowest percentage on the schedule to the current journeyman hourly
wage rate) may not be less than the federal or state minimum wage rate,
whichever is higher.
     (5) The State Apprenticeship and Training
Council may make such exceptions to the apprentice wage schedule or journeyman
hourly wage rate, and to the minimum numeric ratio of journeymen to
apprentices, as it deems necessary or advisable to further the operation of
apprenticeship and training programs in Department of Corrections institutions.
[1981 c.764 §10; 1987 c.320 §243; 2007 c.620 §9]
     660.145
Trade apprenticeship and training committees. In an area where it is not practicable to establish a local joint
apprenticeship committee or a local joint training committee, a trade committee
for apprenticeship and training may be formed to administer the standards of
various separate programs approved by the State Apprenticeship and Training
Council. Members shall consist of one training agent and one employee
representing each occupation affected, who shall be selected pursuant to the
procedures established by the council. A trade committee for apprenticeship or
training shall function in the manner prescribed for a local joint committee as
to all occupations affected, except that recommendations to the council for
amendments or modifications to the standards of a particular occupation may be
made only by the members from that occupation. [1967 c.6 §21; 1981 c.764 §14;
2007 c.620 §10]
     660.150 [Amended by 1955 c.719 §10; subsection (2)
of 1965 Replacement Part enacted as 1957 c.270 §9; repealed by 1967 c.6
§29]
     660.155
State joint committees; rules.
(1) State joint apprenticeship committees may be formed in each apprenticeable
occupation for the purpose of promoting and coordinating the apprenticeship
goals of that occupation and of developing statewide standards and related
instructional material for a course of study in that occupation. If only one
joint committee exists for a particular occupation, that local joint committee
has the same duties and powers as a state joint committee formed pursuant to
this section. This subsection does not apply to training programs.
     (2) State joint committees shall be
composed of one member representing training agents and one member representing
employees from each local joint committee for that occupation. Training agent
members of a local joint committee shall choose the training agent
representative to the state joint committee, and employee members shall choose
the employee representative. The training agent and employee members of trade
committees shall be members of the state joint committee for their respective
occupations, but shall be counted in determining a quorum for the state joint
committee only if present. An alternate member for each principal member from a
local joint committee shall also be selected in the same manner as the
principal members are selected. Each alternate member has full authority to
exercise the powers of the principal member for whom the alternate was selected
when that principal member is unable to perform as a committee member.
     (3) Each state joint committee shall elect
a chairperson and a vice chairperson, one of whom shall represent training
agents, the other of whom shall represent employees. The committee may also
elect such other officers as it determines appropriate. All officers elected
pursuant to this subsection shall serve such terms and have such duties and
powers as the committee determines appropriate for the performance of their
functions.
     (4) Meetings may be called by the
chairperson or at the request of the majority of the members of the committee.
Each state joint committee may also formulate such rules as it deems necessary
for the time, place and orderly conduct of its meetings. Each committee shall
transmit to the State Apprenticeship and Training Council a written record of
each such meeting. [1967 c.6 §22; 1971 c.271 §4; 1977 c.490 §4; 1981 c.764 §15;
2007 c.71 §216; 2007 c.620 §11]
     660.157
Standard courses of study for apprentices and trainees. (1) Each state joint committee, with the
prior approval of the State Apprenticeship and Training Council, shall
prescribe a standard course of study, developed from a trade analysis, for the
trade, craft or industrial occupation over which the committee exercises
jurisdiction. Each such course of study shall include instructional objectives
and an outline of course content for related instruction and manipulative
instruction in the classroom. The prescribed course shall also provide for
evaluation procedures and instruments for measuring performance. For all
programs in apprenticeable occupations a minimum of 144 hours of related instruction
per year is recommended.
     (2) Except as provided in subsection (3)
of this section, no course of study for the instruction of apprentices or
trainees that has not been prescribed pursuant to subsection (1) of this
section may be implemented under ORS 660.002 to 660.210.
     (3) Notwithstanding subsections (1) and
(2) of this section, any course of study for the instruction of apprentices or
trainees may be implemented under ORS 660.002 to 660.210 where such course of
study:
     (a) Involves instruction in any trades or
crafts where the industry will provide the facilities for training;
     (b) Prepares apprentices and trainees in
any trades or crafts;
     (c) Requires expert instructors to meet
the level of skill and training required by the industry;
     (d) Is substantially equivalent to the
standard course prescribed under subsection (1) of this section; and
     (e) Is supervised by a local joint
committee or by a joint industry trust fund committee.
     (4) Where a course of study meets the
requirements of subsection (3) of this section, such course shall be approved:
     (a) By the state joint committee; and
     (b) By the State Board of Education for
apprenticeship training credit and toward community college associate degrees.
     (5) Operation of a course of study under
subsection (3) of this section shall be the responsibility of the recognized
local apprenticeship committee or local industry trust fund or recognized local
employee organization. Such local committee, trust or organization may
prescribe criteria for enrollment into the course of study. [1971 c.271 §7;
1973 c.648 §1; 1979 c.808 §1; 1981 c.764 §16]
     660.158
Interstate agreements regarding courses of study. (1) If there is an interstate agreement
regarding apprenticeship courses of study between the State Apprenticeship and
Training Council and an agency with similar functions in another state:
     (a) Any course of study prescribed
pursuant to ORS 660.157 is subject to the provisions of the interstate
agreement.
     (b) Each local joint committee of an
occupation that is subject to the interstate agreement shall submit requests
for changes in courses of study directly to the council.
     (2) Apprenticeship programs which jointly
form a sponsoring entity on a multistate basis and are registered pursuant to
all requirements of the United States Department of Labor, Bureau of
Apprenticeship and Training, or by the apprenticeship agency or council of any
other state which has been recognized by the United States Department of Labor,
Bureau of Apprenticeship and Training, shall be accorded approval reciprocally
by the council if such approval is requested by the sponsoring entity, even
though such programs and their standards may depart in some respects from the
criteria of ORS 660.126 and from the other provisions set forth in ORS 660.002
to 660.210. [1971 c.271 §8; 1979 c.831 §2; 1981 c.764 §17]
660.159 [1971 c.271 §11; repealed by 1981 c.764 §20]
     660.160
Coordination of schooling for apprentices and trainees. All district school boards shall cooperate
with the State Apprenticeship and Training Council, the Department of
Education, and the local joint committees or trade committees in providing the
necessary related instruction classes to meet the objectives of courses of
study prescribed pursuant to ORS 660.157 (1) for apprentices and trainees. The
coordination of related instruction offered in these classes with job
instruction, and the carrying out of the other details shall be the
responsibility of the recognized local or state agency for professional
education. The apprentice or trainee shall attend such classes, either within
or without the usual working hours. [Amended by 1955 c.719 §11; 1967 c.6 §23;
1971 c.271 §5; 1973 c.648 §2; 1995 c.343 §59]
     660.162
Adoption of policies, standards and programs by State Board of Education;
rules. The State Board of
Education, in cooperation with the State Apprenticeship and Training Council
and the appropriate state joint committee, by rule shall adopt policies,
standards and programs to carry out the provisions of ORS 660.002. Such policies,
standards or programs may involve any of the following matters:
     (1) Development of courses of study for
apprentices and trainees in the trade, craft or industrial occupation over
which the committee exercises jurisdiction.
     (2) Operation of related instruction
classes by district school boards and in courses implemented under ORS 660.157
(3).
     (3) Development of uniform standards
covering occupational qualifications and teacher training requirements for
instructors.
     (4) Preservice and inservice training for
instructors.
     (5) Evaluation procedures for determining
credit for apprenticeship training toward community college associate degrees.
     (6) Defining procedures for granting
credit for work experience to instructors, skilled craftsmen or journeymen
toward the requirements of a community college associate degree. [1971 c.271 §9;
1973 c.648 §3; 1977 c.490 §5; 1989 c.491 §65]
     660.165 [1967 c.6 §5; repealed by 1981 c.764 §20]
     660.167
Adoption of policies by council. The State Apprenticeship and Training Council, in cooperation with the
State Board of Education, shall adopt policies regarding:
     (1) Evaluation procedures relating to the
determination of apprenticeship credit for work experience, education and
training.
     (2) Procedures for demonstrating the level
of achievement required in any area of related instruction, including but not
limited to taking a qualifying examination of the course content. [1971 c.271 §10]
     660.170
State Director of Apprenticeship and Training; commissioner authority to employ
others. (1) Subject to
confirmation by the State Apprenticeship and Training Council, the Commissioner
of the Bureau of Labor and Industries shall appoint a State Director of
Apprenticeship and Training. The director shall be well qualified, shall serve
as council secretary and shall be responsible to the commissioner for the
administration of ORS 660.002 to 660.210, including supervision of all office
and field staff.
     (2) The commissioner, with the advice and
consent of the council, may appoint such other personnel and incur such other
expenses as may be necessary to aid the council and the director in carrying
out their duties and functions under ORS 660.002 to 660.210. [Amended by 1967
c.6 §24; 1981 c.764 §18]
     660.180 [Amended by 1957 c.270 §11; 1967 c.6 §25;
1971 c.734 §104; 1977 c.299 §2; 1979 c.831 §3; repealed by 1981 c.764 §20]
     660.190
Community college training program advisory committee. Each community college operating a
preemployment or trade extension training program in an apprenticeable
occupation shall appoint at least one employee member and one training agent
member of an appropriate local joint committee to the advisory committee for
that training program. [1977 c.155 §2; 1981 c.764 §19; 2007 c.620 §12]
     660.195 [1977 c.490 §8; repealed by 1981 c.764 §20]
     660.200 [1977 c.490 §9; repealed by 1981 c.764 §20]
     660.205
Certification of program completion for certain apprentices; card; rules; fee. (1) There shall be a uniform system of
certification in those apprenticeable occupations for which the State
Apprenticeship and Training Council determines certification is required. Such
certification shall be awarded to apprentices successfully completing such an
apprenticeship program and shall signify the apprenticeÂ’s attainment of the
status of journeyman. The council shall prescribe by rule a singular form of
certification card for apprenticeable occupations and the conditions for its
issuance.
     (2) Only the Commissioner of the Bureau of
Labor and Industries may prepare or issue or cause to be prepared or issued a
card or other form of documentation purporting to certify or otherwise
representing the bearer to be a journeyman in an apprenticeable occupation.
     (3) The commissioner may establish and
charge a fee for the issuance of certification in an amount not to exceed $25.
     (4) The provisions of this section first
apply to apprentices who successfully complete an apprenticeship program after
January
     1, 1990. [1989 c.1061 §2]
     660.210
Tort liability of committees, officers, employees and agents; limitations; punitive
damages excluded. (1) In any
action based on tort, as defined in ORS 30.260, the liability of any local
joint committee formed under ORS 660.135, trade committee for apprenticeship
and training formed under ORS 660.145 or state joint committee formed under ORS
660.155, and the liability of its officers, employees and agents acting within
the scope of their employment or duties, shall not exceed:
     (a) $50,000 to any claimant for any number
of claims for damage to or destruction of property, including consequential
damages, arising out of a single accident or occurrence.
     (b) $100,000 to any claimant as general
and special damages for all other claims arising out of a single accident or
occurrence unless those damages exceed $100,000, in which case the claimant may
recover additional special damages, but in no event shall the total award of
special damages exceed $100,000.
     (c) $500,000 for any number of claims
arising out of a single accident or occurrence.
     (2) No award for damages on any claim
subject to this section shall include punitive damages. The limitation imposed
by this section on individual claimants includes damages claimed for loss of
services or loss of support arising out of the same tort, as defined in ORS 30.260.
     (3) In any action subject to this section
in which the amount awarded to or settled upon multiple claimants exceeds
$500,000, any party may apply to any circuit court to apportion to each
claimant the proper share of the total amount limited by subsection (1) of this
section. The share apportioned each claimant shall be in the proportion that
the ratio of the award or settlement made to the claimant bears to the
aggregate awards and settlements for all claims arising out of the occurrence.
     (4) The liability of a committee described
in subsection (1) of this section and one or more of its officers, employees or
agents, or two or more officers, employees or agents of the committee, on
claims arising out of a single accident or occurrence, shall not exceed in the
aggregate the amounts limited by subsection (1) of this section. [1999 c.642 §2]
WORKFORCE
DEVELOPMENT
(General
Provisions)
     660.300
Definitions for ORS 660.300 to 660.339. As used in ORS 660.300 to 660.339:
     (1) “Chief elected official” means a
county commissioner, a county judge or the mayor of the City of
     (2) “Department” means the Department of
Community Colleges and Workforce Development.
     (3) “Federal Act” or “federal Workforce
Investment Act” means the federal Workforce Investment Act of 1998 (enacted as
P.L. 105-220 and codified as 29 U.S.C. 2801 et seq.).
     (4) “Local workforce investment area”
means the City of
     (5) “Local workforce investment board”
means a board established pursuant to section 2832 of the federal Workforce
Investment Act of 1998.
     (6) “Participant” means a person receiving
services under Title I-B of the federal Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.).
     (7) “Participant records” means records
relating to matters such as grades, conduct, personal and academic evaluations,
results of psychometric testing, counseling, disciplinary actions, if any, and
other personal matters.
     (8) “Title I-B” means the adult, dislocated
worker and youth programs delivered under the federal Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.). [Formerly 285A.443]
     660.303
Findings and policy. The
Legislative Assembly finds that job training is an essential component in promoting
the economic development of
     (1) Develop the human resources of
     (2) Aid the economically disadvantaged
citizens of this state to attain long-term self-sufficiency, especially those
living in distressed rural and inner city areas;
     (3) Coordinate the delivery of all
employment, job training, retraining, apprenticeship training and related
educational programs to assure the efficient and effective provision of needed
services;
     (4) Promote local initiative and
innovation to flexibly and responsibly meet the special needs of businesses and
individuals in different regions of the state;
     (5) Promote employee and employer
participation in efforts to improve productivity, through improvements in
worker skills and management practices thereby enhancing the competitiveness of
     (6) Provide retraining assistance to
workers displaced by the changing economy, particularly older workers; and
     (7) Promote expansion of the state’s
economy consistent with the following criteria:
     (a) Increase the number of family wage
jobs in this state.
     (b) Promote economic recovery in small
cities heavily dependent on a single industry.
     (c) Emphasize development in
underdeveloped rural areas of this state.
     (d) Utilize the educational resources
available at community colleges and other higher education institutions.
     (e) Support the development of the state’s
small businesses, especially businesses owned by women and members of minority
groups.
     (f) Encourage the use of
     (g) Assist businesses selling goods and
services in markets for which national or international competition exists. [Formerly
285A.440]
     660.306
Findings and policy; purpose of ORS 660.306, 660.312 and 660.315. (1) The Legislative Assembly finds that all
Oregonians should benefit from the advantages of
     (2) It is the purpose of ORS 660.306,
660.312 and 660.315 to provide advisory and technical services under the
executive direction of the Governor to support the efforts of state government:
     (a) To integrate education and workforce
development by coordinating the contributions of participating segments and
providers;
     (b) To achieve and maintain excellence in
education, training and employment; and
     (c) To connect education to social and
economic commitments generally and workforce development in particular.
     (3) The Legislative Assembly further finds
that the statewide workforce development and education coordinating functions
established in ORS 660.306, 660.312 and 660.315 include job creation and
economic development activities within the meaning of section 4 (3), Article XV
of the Oregon Constitution. [Formerly 285A.452]
     660.309
Policy. (1) It is the policy
of the State of
     (2) A workforce investment system should
be a consumer-driven system, accountable and responsive to the needs of
employers and job seekers.
     (3) To build on current workforce models
and remain in compliance with the federal Workforce Investment Act of 1998,
     (4) To implement the federal Act, Oregon
must apply the necessary workforce resources to carry out its assigned
responsibilities and must delegate accountability and authority, as allowed
under the federal Act, to each governing entity of the workforce investment
system.
     (5) These objectives can be accomplished
under the auspices of a State Workforce Investment Board and local workforce
investment boards that enlist the views of a diverse group of business, labor,
community, education and government leaders to develop a strategic plan for
workforce development in Oregon.
     (6) The strategic plan should provide for
the development of a comprehensive, consumer-driven employment and career
development system that meets the needs of all members of the workforce,
including those entering the workforce for the first time, those in transition
to employment and those currently employed who are seeking to enhance their
skills for continued career advancement. [Formerly 411.920]
(State
Workforce Investment System)
     660.312
Education and Workforce Policy Advisor; duties; rules. (1) The Governor shall be responsible for a
coordinated and comprehensive response to education and workforce issues. The
Governor shall appoint an Education and Workforce Policy Advisor, who serves at
the pleasure of the Governor. The advisor shall, with the advice of such
advisory committees as may be appointed or assigned, advise the Governor on
policy, planning and coordination for education and workforce development in
     (2) The duties of the advisor shall
include:
     (a) Guiding the development of state-level
policy related to education and workforce issues;
     (b) Providing general direction and
serving as a liaison between state and local efforts in education, training and
workforce development;
     (c) Ensuring, through collaboration with
the leadership of local workforce investment boards and regional workforce
committees, the alignment of statewide, local and regional strategic plans, and
the periodic reporting of performance in the implementation of such plans; and
     (d) Consulting with local workforce
investment boards and regional workforce committees on the development and
implementation of a workforce performance measurement system.
     (3) In the performance of duties, the
advisor shall collectively involve state agencies, including but not limited
to:
     (a) The Department of Education;
     (b) The
     (c) The Economic and Community Development
Department;
     (d) The Department of Community Colleges
and Workforce Development;
     (e) The Employment Department;
     (f) The Department of Human Services;
     (g) The Bureau of Labor and Industries;
     (h) The Department of Corrections;
     (i) The
     (j) The Teacher Standards and Practices
Commission.
     (4) The advisor shall seek input from key
interested parties to help guide policy development, including but not limited
to representatives of:
     (a) Businesses and industry organizations;
     (b) Labor and labor organizations;
     (c) Local education providers;
     (d) Local government;
     (e) Student, teacher, parent and faculty
organizations;
     (f) Community-based organizations;
     (g) Public-private partnership
organizations;
     (h) Independent nonprofit and proprietary
post-secondary colleges and schools; and
     (i) Regional workforce committees, local
workforce investment boards and regional investment boards.
     (5) The advisor shall meet, on a regularly
scheduled basis, with the local workforce investment boards, regional workforce
committees and such others as necessary to ensure that local interests are
represented. The advisor shall seek input, advice and feedback on policy issues
affecting state, regional and local education and workforce development from
interested parties and other committees formed under ORS 660.306, 660.312 and
660.315.
     (6) Pursuant to ORS chapter 183, the
advisor may adopt rules necessary to carry out the duties of the advisor. [Formerly
285A.455]
     660.315
Regional workforce committees; duties; strategic regional workforce plans. (1) The Governor shall designate regional
workforce committees to advise the Governor, local workforce investment boards
that represent federally recognized workforce areas containing multiple
regions, and county elected officials on regional and local needs for workforce
development. The committees shall also prepare plans for achieving regional
goals and coordinate the provision of services within regions. The committees
shall have private and public sector members. However, a majority of the
members of each committee shall represent the private sector and include
business and labor representatives. The chairperson of each committee shall be
a private sector member and be elected by the committee.
     (2) The private sector committee members
shall play a critical role in workforce development, including but not limited
to:
     (a) Identifying current and future
workforce needs;
     (b) Providing feedback on public sector
programs;
     (c) Assisting public agencies in changing
programs to be more effective in meeting private sector needs; and
     (d) Being a partner in addressing
workforce needs.
     (3) Private sector members of a committee
created under this section shall be appointed by county commissioners and, in
the region that includes the City of
     (4) The public sector representatives on
the committee are representatives who receive resources and deliver education
and workforce programs within the labor market area. Public sector members
shall include the broadest feasible representation from, but not be limited to,
the following:
     (a) The Department of Human Services;
     (b) School districts, education service
districts, community colleges, state institutions of higher education and
Oregon Health and
     (c) The Economic and Community Development
Department and local economic development entities;
     (d) The Employment Department;
     (e) The federal Act programs; and
     (f) Other public sector partners.
     (5) A region may recommend to the Governor
an alternate structure for its regional committee, based on regional
determination and mutually agreed to by the current public and private sector
members of the regional workforce committee and the chief elected officials.
The alternate structure must retain a private sector chairperson, appointments
of the private sector members as provided in subsection (3) of this section,
and substantive public and private sector and other stakeholder participation
through formalized methods, such as standing committees.
     (6) A regional workforce committee shall
develop and implement a strategic regional workforce plan that responds to the
current and future workforce needs of the regional labor market.
     (7) The strategic regional workforce plan
shall:
     (a) Consider the supply and demand outlook
for the region;
     (b) Identify and prioritize initiatives
and resources, both public and private, to meet the regional workforce needs;
     (c) Articulate and include the
coordination of both public and private resources in addressing the workforce
needs and goals; and
     (d) Ensure the most appropriate use of
resource investments.
     (8) The regional workforce committee shall
create or enhance the workforce program delivery system to meet the strategic
priorities of the region and any strategic priorities of a federally recognized
workforce area that includes that region.
     (9) Within each region, or within
overlapping regions, regional workforce committees, local workforce investment
boards and regional investment boards shall coordinate their planning efforts
to ensure that the strategic efforts and resource allocation of economic and
workforce development of an area are consistent. Regional workforce committees
and regional investment boards will extend opportunities to other entities
engaged in economic and workforce development programs and services to
participate in their joint or integrated strategic planning.
     (10)(a) A local workforce investment board
that represents a multiregional workforce area shall hold regional workforce
committees in the area accountable for any policy and operational
responsibilities under 2832(d) of the federal Act that is delegated to the
committees in accordance with state policy and local workforce investment board
policy.
     (b) A regional workforce committee within
a multiregional workforce area is accountable to the local workforce investment
board for any policy and operational responsibilities carried out under the
federal Act on behalf of the board.
     (c) As it relates to regional
responsibilities under this section, a regional workforce committee may,
through a vote of the committee, determine the methodology for delegating the
responsibilities of the regional workforce committee to a local workforce
investment board representing the multiregional workforce area. [Formerly
285A.458; 2005 c.242 §3]
     660.318
Duties of Department of Community Colleges and Workforce Development; rules. (1) To implement and oversee state
implementation of Title I-B, the Department of Community Colleges and Workforce
Development may:
     (a) Receive federal youth activities funds
allotted to this state by the Secretary of Labor pursuant to Title I-B and allocate
those funds that are not reserved according to an allocation formula
recommended by the State Workforce Investment Board and approved by the
Governor.
     (b) Receive federal adult employment and
training activities funds allotted to this state by the Secretary of Labor
pursuant to Title I-B and allocate those funds that are not reserved according
to an allocation formula recommended by the State Workforce Investment Board
and approved by the Governor.
     (c) Receive federal dislocated worker
funds allotted to this state by the Secretary of Labor pursuant to Title I-B
and allocate those funds that are not reserved according to an allocation
formula recommended by the State Workforce Investment Board and approved by the
Governor.
     (d) Establish a procedure for use by local
workforce investment boards to identify eligible providers of training services
according to section 2864 of the federal Act and to maintain the list of
providers identified as eligible by the boards in all local workforce
investment areas in this state.
     (e) Receive the comprehensive strategic
plan developed and implemented by each local workforce investment board and
review the plan, with input from representatives of state and local workforce
programs, to determine if the plan meets the requirements of section 2833 of
the federal Act and state policy.
     (f) Approve the plans, after review by the
State Workforce Investment Board, that are found to meet the requirements of
Title I-B and review and approve any amendments to the plans.
     (g) Carry out the required and allowable
activities described in section 2864 of the federal Act with the advice of the
Education and Workforce Policy Advisor.
     (h) Pursuant to ORS 660.339, establish
procedures to maintain the confidentiality of the names and records of
participants in workforce programs for which the department is responsible,
including circumstances under which the names and records may be disclosed.
     (i) Establish a method to set performance
standards for the Secretary of Labor as required under section 2871 of the
federal Act.
     (j) Perform planning functions related to
Title I-B programs and performance reporting.
     (2) The department, in consultation with
the State Workforce Investment Board, may adopt rules pursuant to ORS chapter
183 to implement this section. [2001 c.684 §11]
     660.321
State Workforce Investment Board. (1) A State Workforce Investment Board shall be created under section
2821(b) and (c) of the Workforce Investment Act of 1998 to assist in the
development of the State Unified Workforce Plan established under ORS 660.324
and to carry out the other functions described by the federal Act.
     (2) The membership of the board shall be
in accordance with the requirements of section 2821(b) of the federal Act.
     (3) Representatives of business described
in section 2821(b)(1)(C)(i) of the federal Act who are appointed to the board
shall be confirmed by the Senate in the manner prescribed under ORS 171.562 and
171.565.
     (4) The Governor shall select a
chairperson in accordance with the requirements of section 2821(c) of the
federal Act.
     (5) A majority of the board shall be
representatives of business, as described in section 2821(b)(1)(C)(i) of the
federal Act.
     (6) Members of the Legislative Assembly
appointed to the board are nonvoting members of the board and may act in an
advisory capacity only.
     (7) To transact business at a meeting of
the board, a quorum of voting members must participate. A quorum shall consist
of a majority of the voting members. At least 25 percent of the members participating
shall be representatives of business, as described in section 2821(b)(1)(C)(i)
of the federal Act. [Formerly 411.926; 2005 c.242 §1]
     660.324
Duties of state board; state plan for workforce investment system. (1) The State Workforce Investment Board
shall develop and submit to the Governor a single, unified state plan that
outlines a strategy, with quantitative goals, for the statewide workforce
investment system for the State of
     (2) The board shall develop and include in
the state plan goals designed to promote OregoniansÂ’ self-sufficiency. In
addition to requirements under the federal Act regarding wage and other goals,
the state plan shall include quantifiable goals that will empower Oregonians to
gain independence from public assistance and move up the socioeconomic ladder.
     (3) The board shall assist the Governor
in:
     (a) Developing
     (b) Ensuring timely consultation and
collaboration with chief elected officials, local workforce investment boards
and other workforce stakeholders, including but not limited to business and
labor organizations;
     (c) Reviewing local workforce plans;
     (d) Developing, as required by the federal
Act, allocation formulas for the distribution of funds to local workforce
investment areas for adult employment and training activities and for youth
activities that are developed by the local workforce investment boards;
     (e) Recommending the duties and
responsibilities of state agencies to implement the federal Act, to avoid
conflicts of interest and to capitalize on the experience developed by
workforce partners who are efficient and effective at meeting the requirements
of the federal Act;
     (f) Participating in the development of a
coordinated statewide system of activities and services that includes both
mandatory and optional partners of the one-stop delivery system, as provided in
the federal Act;
     (g) Providing for the development,
accountability and continuous improvement of comprehensive workforce
performance measures to assess the effectiveness of the workforce investment
activities in this state;
     (h) Developing a statewide employment
statistics system, as described in section 15(e) of the Wagner-Peyser Act (29
U.S.C. 49L-2(e)); and
     (i) Preparing an annual report and
submitting it to the United States Department of Education, the United States
Department of Health and Human Services and the United States Department of
Labor.
     (4) The board, in partnership with the
Governor, shall establish criteria for use by chief elected officials in
appointing members to local workforce investment boards in accordance with the
requirements of section 2832 of the federal Workforce Investment Act of 1998.
The board shall establish the following requirements:
     (a) To transact business at a meeting of a
local workforce investment board, a quorum of members must participate. A
quorum shall consist of a majority of the members. At least 25 percent of the
members participating must be representatives of business, as described in
section 2821(b)(1)(C)(i) of the federal Act.
     (b) When appropriate and upon a request
from the chief elected official of a county or the City of
     (5) The board shall provide guidance and
direction to local workforce investment boards in the development of local
workforce plans. The State Workforce Investment Board shall adopt policies
that:
     (a) Require each local workforce
investment board, in partnership with its chief elected officials and in
accordance with section 2833 of the federal Act, to develop and submit to the
Governor and the board a strategic local workforce plan that includes, but is
not limited to, performance goals; and
     (b) Permit each local workforce investment
board, in consultation with its chief elected officials:
     (A) To determine, consistent with the
requirements of the federal Act, the appropriate level of services based on the
workforce needs in the local workforce investment area; and
     (B) To certify local one-stop operators. [Formerly
411.929; 2005 c.242 §2]
     660.327
Duties of local workforce investment boards. (1) In accordance with section 2832 of the federal Act, each local
workforce investment board shall:
     (a) Consistent with section 2833 of the
federal Act, in partnership with the chief elected official for the local area
involved, develop and submit a local plan to the Governor.
     (b) Consistent with section 2841(d) of the
federal Act, with the agreement of the chief elected official, designate or
certify one-stop operators as described in section 2841(d)(2)(A) of the federal
Act and may terminate for cause the eligibility of such operators.
     (c) Consistent with section 2843 of the
federal Act, identify eligible providers of youth activities in the local area
and award grants or contracts on a competitive basis to those providers, based
on recommendations of a youth council.
     (d) Consistent with section 2842 of the
federal Act, identify eligible providers of training services described in
section 2864(d)(4) of the federal Act.
     (e) Subject to the approval of the chief
elected official, develop a budget for the purpose of carrying out the duties
of the local workforce investment board under section 2832 of the federal Act.
     (f) In partnership with the chief elected
official, provide oversight of local programs of youth activities authorized under
section 2854 of the federal Act, local employment and training activities
authorized under section 2864 of the federal Act and the one-stop delivery
system in the local area.
     (g) With the chief elected official and
the Governor, negotiate and reach agreement on local performance measures as
described in section 2871(c) of the federal Act.
     (h) Coordinate the workforce investment
activities authorized under the federal Act and carried out in the local area
with economic development strategies and develop other employer linkages with
such activities.
     (i) Promote the participation of private
sector employers in the statewide workforce investment system and ensure the
effective provision, through the system, of connecting, brokering and coaching
activities, through intermediaries such as the one-stop operator in the local
area or through other organizations, to assist such employers in meeting hiring
needs.
     (2) In order to maintain the statewide
workforce investment system that consists of regional workforce committees and
to meet the requirements of the federal Act:
     (a) A local workforce investment board
representing a local workforce investment area according to the GovernorÂ’s
designation pursuant to section 2831 of the federal Act meets the requirements
of a regional workforce committee under ORS 660.315.
     (b) A strategic plan submitted by a local
workforce investment board pursuant to section 2833 of the federal Act meets
the strategic plan requirement for the workforce region in ORS 660.315. [2001
c.684 §12]
     660.330
One-stop delivery system; service providers. (1) The State Workforce Investment Board and local workforce
investment boards shall ensure that
     (2) One-stop partners shall include, but
are not limited to, those described in section 2841 of the federal Act and
programs referenced under section 2841(b)(1) and (2) of the federal Act.
     (3) This section does not restrict the
authority of local workforce investment boards to select providers and one-stop
operators, or to set goals or policies, under the federal Act. [Formerly
411.935]
     660.333
Use of workforce investment funds; one-stop delivery system services. (1) The State Workforce Investment Board
shall advise the Governor as required under section 2821 of the Workforce
Investment Act of 1998 and on matters pertaining to the use of funds under
section 2864 of the federal Act.
     (2) As a part of the core services
required by section 2864(d)(2)(E)(i) of the federal Act, the one-stop delivery
system, as described in section 2864(c) of the federal Act, shall provide
timely listings of all job opportunities, consistent with statute or rule, to a
participant immediately upon application by the participant for services
offered by the one-stop delivery system.
     (3) Intensive services offered by the
one-stop delivery system may include drug and alcohol rehabilitative services.
     (4) Local workforce investment boards
shall determine whether funds will be used as provided in section 2864(e)(3) of
the federal Act.
     (5) Participants may receive training in
accordance with section 2864 of the federal Act. In addition, a participant who
is employed in a subsidized or unsubsidized job and who needs training may
receive an individual training account that allows the participant to choose
among training providers, except as provided in section 2864(d)(4)(G)(ii) of
the federal Act.
     (6) Any funds expended under ORS 660.300
to 660.339 shall be from funds appropriated by the Legislative Assembly or
within any expenditure limitations placed on federal funds by the Legislative
Assembly. [Formerly 411.932]
     660.336
Reports on performance of local training providers and programs. (1) The designated state agency and state
level fiscal agent for the federal Workforce Investment Act of 1998 (P.L.
105-220) shall provide customers of the one-stop delivery system with reports
containing information about the performance of training providers and programs
in each local area.
     (2) In order for customers to have choices
in deciding the training program that best fits their needs and the
organization that best provides that service, and in order for customers to
have information about how well training providers succeed in preparing people
for jobs, the reports shall include information about:
     (a) Training programs and the
organizations that provide the programs; and
     (b) The success rate of the programs in
preparing people for jobs.
     (3) The reports shall present the
information in a manner that allows a customer to easily understand the options
that are available in choosing a program of training services. [2001 c.684 §10]
     660.339
Participant records; confidentiality; when records available for inspection or
release; rules. (1) All
participant records maintained by the local workforce investment boards or any
public or private agency involved in Title I-B programs shall be confidential
and except as provided in ORS 660.300 to 660.339 shall be open for inspection
only in accordance with such rules as the Department of Community Colleges and
Workforce Development shall adopt.
     (2) A participant may provide written
consent for the examination or release of any record pertaining to the
participant.
     (3) All information contained in
participant files shall be available for inspection by the participant, and the
participantÂ’s parent or legal guardian if the participant is under 18 years of
age. Participant behavioral records shall be released only in the presence of
an individual qualified to explain or interpret the records.
     (4) The department may adopt rules to
provide the circumstances under which participant names or records may be made
available for inspection when:
     (a) Ordered by a court of competent
jurisdiction.
     (b) Necessary to protect the health or
safety of a participant or another.
     (c) Necessary to provide information to
state and local agencies administering ORS 412.001 to 412.161 and 412.991 and
ORS chapters 418 and 657, other programs under the federal Workforce Investment
Act of 1998 and other mandatory programs under this stateÂ’s one-stop service
delivery system.
     (d) Necessary for program staff work or
studies of a statistical or demographic nature.
     (e) Necessary to carry out the planning
and coordinating functions between state and local agencies under Title I-B of
the federal Workforce Investment Act, other applicable state laws or those
functions assigned by the Education and Workforce Policy Advisor. [Formerly 285A.446]
     660.342
Agreements to create entities to perform workforce investment activities. (1) As used in this section:
     (a) “Federal Act” has the meaning given
that term in ORS 660.300.
     (b) “One-stop delivery system” means the
one-stop delivery system described in ORS 660.330 and 660.333.
     (c) “State agency” has the meaning given
that term in ORS 190.430.
     (d) “Unit of local government” has the
meaning given that term in ORS 190.003.
     (2) To create an entity to perform
functions and activities under the federal Act and the one-stop delivery
system, a state agency may enter into a written agreement with:
     (a) A unit of local government.
     (b) An intergovernmental entity created by
units of local government.
     (c) An entity created by a unit of local
government and a person.
     (d) An entity created by a state agency, a
unit of local government and a person.
     (e) An entity created by a state agency,
an intergovernmental entity and a person.
     (3) Functions and activities of an entity
created under this section may include, but are not limited to, employment
services, job training and job placement.
     (4) The parties to an agreement under this
section shall appoint a board or commission to govern the entity created under
this section. [2003 c.149 §1]
     660.990 [Amended by 1967 c.6 §26; repealed by 1981
c.764 §20]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.