2019 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 279C - Public Contracting - Public Improvements and Related Contracts
Section 279C.533 - Condition concerning employment of apprentices to perform percentage of work hours that workers in apprenticeable occupations perform on public improvements.
(1) As used in this section:
(a) "Apprentice" has the meaning given that term in ORS 660.010.
(b) "Apprenticeable occupation" has the meaning given that term in ORS 660.010.
(c) "Apprenticeship agreement" has the meaning given that term in ORS 660.010.
(d) "Apprenticeship training program" means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010, operates, including the local joint committee’s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an apprenticeable occupation.
(2) A state contracting agency shall provide in each public improvement contract for which the contract price exceeds $5 million that the contractor shall:
(a) Employ apprentices to perform 10 percent of the work hours that workers in apprenticeable occupations perform on the public improvement; and
(b) Require in each subcontract for which the contract price exceeds the lesser of $1 million or 25 percent of the price of the contract that the subcontractor employ apprentices to perform 10 percent of the work hours that workers in apprenticeable occupations perform on the subcontract.
(3) A contractor or subcontractor shall pay an apprentice for work on the public improvement at the hourly rate to which the apprentice is entitled under an apprenticeship agreement or that the apprenticeship training program specifies.
(4) Subject to the terms of the public improvement contract, a contractor on a public improvement may decide the locations in which, the types of work for which and other details concerning how the contractor employs apprentices for work on the public improvement. The contractor may meet the requirement set forth in subsection (2) of this section by requiring one or more subcontractors to employ apprentices for work on the public improvement.
(5) A contractor shall report the extent of the contractor’s compliance with this section to the state contracting agency on forms, with contents the state contracting agency specifies by rule, and at regular intervals that the state contracting agency specifies in the public improvement contract. The forms and the contents that the state contracting agency specifies must include, at a minimum, a report in which the contractor provides a detailed accounting of the total number of work hours each month and the cumulative total number of work hours since the public improvement contract term began in which:
(a) Workers in apprenticeable occupations performed work on the public improvement; and
(b) Apprentices performed work on the public improvement.
(6) At least 30 days before making any final payment to a contractor under a public improvement contract, a state contracting agency shall determine the extent of the contractor’s compliance with the requirement in subsection (2) of this section. The state contracting agency shall base the determination on the ratio between the actual number of work hours that workers in apprenticeable occupations performed on the public improvement and the actual number of work hours that apprentices performed on the public improvement, as shown in reports the state contracting agency receives under subsection (5) of this section.
(7) This section does not apply to:
(a) The Department of Transportation or a public improvement contract that a contractor enters into with the department; or
(b) A public contract that a state contracting agency enters into under ORS 279B.080. [2017 c.416 §2]
Note: The amendments to 279C.533 by section 3, chapter 416, Oregon Laws 2017, become operative January 1, 2022. See section 6, chapter 416, Oregon Laws 2017. The text that is operative on and after January 1, 2022, is set forth for the user’s convenience.
(1) As used in this section:
(a) "Apprentice" has the meaning given that term in ORS 660.010.
(b) "Apprenticeable occupation" has the meaning given that term in ORS 660.010.
(c) "Apprenticeship agreement" has the meaning given that term in ORS 660.010.
(d) "Apprenticeship training program" means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010, operates, including the local joint committee’s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an apprenticeable occupation.
(2) A state contracting agency shall provide in each public improvement contract for which the contract price exceeds $3 million that the contractor shall:
(a) Employ apprentices to perform 12 percent of the work hours that workers in apprenticeable occupations perform on the public improvement; and
(b) Require in each subcontract for which the contract price exceeds the lesser of $1 million or 25 percent of the price of the contract that the subcontractor employ apprentices to perform 12 percent of the work hours that workers in apprenticeable occupations perform on the subcontract.
(3) A contractor or subcontractor shall pay an apprentice for work on the public improvement at the hourly rate to which the apprentice is entitled under an apprenticeship agreement or that the apprenticeship training program specifies.
(4) Subject to the terms of the public improvement contract, a contractor on a public improvement may decide the locations in which, the types of work for which and other details concerning how the contractor employs apprentices for work on the public improvement. The contractor may meet the requirement set forth in subsection (2) of this section by requiring one or more subcontractors to employ apprentices for work on the public improvement.
(5) A contractor shall report the extent of the contractor’s compliance with this section to the state contracting agency on forms, with contents the state contracting agency specifies by rule, and at regular intervals that the state contracting agency specifies in the public improvement contract. The forms and the contents that the state contracting agency specifies must include, at a minimum, a report in which the contractor provides a detailed accounting of the total number of work hours each month and the cumulative total number of work hours since the public improvement contract term began in which:
(a) Workers in apprenticeable occupations performed work on the public improvement; and
(b) Apprentices performed work on the public improvement.
(6) At least 30 days before making any final payment to a contractor under a public improvement contract, a state contracting agency shall determine the extent of the contractor’s compliance with the requirement in subsection (2) of this section. The state contracting agency shall base the determination on the ratio between the actual number of work hours that workers in apprenticeable occupations performed on the public improvement and the actual number of work hours that apprentices performed on the public improvement, as shown in reports the state contracting agency receives under subsection (5) of this section.
(7) This section does not apply to:
(a) The Department of Transportation or a public improvement contract that a contractor enters into with the department; or
(b) A public contract that a state contracting agency enters into under ORS 279B.080.
Note: 279C.533 was added to and made a part of ORS chapter 279C by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
