Current through Register Vol. 63, No. 3, March 1, 2024
(1) Additional committees or standards in an
area already served by an existing committee in the same trade, craft or
occupation shall be established in the same manner as any other local
committee.
(2) All employers and
their qualified employees shall be afforded the opportunity to participate, on
a non-discriminatory basis, in existing programs.
(3) The Council and the Apprenticeship and
Training Division of the Bureau of Labor and Industries will approve the
creation of a new local committee or new standards for an existing committee
only if the applicant for the new program or new standards can first
demonstrate to the Council and the Division, by a preponderance of evidence,
that the application is in conformity with the following requirements:
(a) The applicant shall submit documentation
showing committee composition pursuant to ORS chapter
660.135, .145.
(b) The applicant shall submit standards in a
format approved by the Council that meet or exceed any existing statewide
minimum guideline standards for the occupation. Where no state guideline
standards exist, proposed standards shall meet or exceed national guideline
standards approved by the federal Office of Apprenticeship. Where no state or
national guideline standards exist, standards will be approved at the
discretion of the Council and the Division when the proposed occupation is
clearly identified and commonly recognized throughout an industry.
(A) The term of apprenticeship for an
individual apprentice may be measured through the completion of the industry
standard for on-the-job learning (at least two thousand hours) (time-based
approach), the attainment of competency (competency-based approach), or a blend
of the time-based and competency-based approaches (hybrid approach).
(B) A statement of the number of hours to be
spent by the apprentice in work and the number of hours to be spent in
related/supplemental instruction. For competency based and hybrid models, the
program standards must specifically address how on-the-job learning will be
integrated into the program, describe competencies and how such competencies
will be measured, and identify an appropriate means of testing and evaluation
for such competencies.
(C) The
time-based approach measures skill acquisition through the individual
apprentice's completion of at least two thousand hours of on-the-job learning
as described in a work process schedule.
(D) The competency-based approach measures
skill acquisition through the individual apprentice's successful demonstration
of acquired skills and knowledge, as verified by the program. Programs
utilizing this approach must still require apprentices to complete an
on-the-job learning component of registered apprenticeship. The program
standards must address how on-the-job learning will be integrated into the
program, describe competencies, and identify an appropriate means of testing
and evaluation for such competencies.
(E) The hybrid approach measures the
individual apprentice's skill acquisition through a combination of specified
minimum number of hours of on-the-job learning and the successful demonstration
of competency as described in a work process schedule.
(c) The applicant shall submit an
administration plan that includes:
(A)
Written designation of the program administrator;
(B) Documented assurances that the committee
will be adequately funded to support its administration and the presentation of
related instruction;
(C) A written
statement that details all costs to apprentices (including instruction, books,
tuition); and
(D) Assurances that
training agents and prospective training agents will be provided with a written
statement of costs for program participation.
(d) The applicant must demonstrate the
ability to track required on-the-job training, related and supplemental
training and affirmative action information (i.e., work progress reports,
apprentice/trainee rotation system, employer's apprentice/trainee evaluation
forms, grading sheets, applicant logs) and provide the Council with copies of
the forms and documents that will be used to track such information.
(e) The applicant shall submit a plan
detailing how the committee will ensure that participating employers will
provide work in all areas covered by the program standards (ORS chapter
660.137(5)),
including:
(A) Training in all counties
listed in proposed geographical area;
(B) Training in all work processes set forth
in the standards;
(C) Committee
expectations of supervising journey workers and a plan for the supervision of
apprentices/trainees in the ratio set forth in the standards (ORS chapter
660.126(1)(c),
(f));
(D) Training agent qualifications and duties
(ORS Chapter 660.137(5));
and
(E) A plan for training
participating employers on their duties and responsibilities.
(f) The applicant shall submit a
complete related training curriculum, including instructor qualifications,
class outlines and expected competencies, grading procedures and completion
criteria. This submission shall include:
(A)
An explanation of the curriculum delivery method and a description of the
related training facilities;
(B)
Certification of the curriculum and instructional delivery plan by either a
state education certifying authority or nationally recognized industry
association (ORS Chapter
660.137(2)(c),
.126(1)(j), .157); and
(C)
Assurances that classroom and related instruction can be delivered throughout
the geographic area. The applicant must submit a contract or other
documentation demonstrating that actual instructional resources are in place.
The committee's geographic area must be one that can be reasonably served by
the committee with respect to employers and the location of the related
training services (ORS Chapter
660.126(1)(a)).
(D) Assurances that instructors
meet the Oregon Department of Education or Office of Community Colleges and
Workforce Development requirements for vocational-technical instructors or are
subject matter experts, defined as an individual, such as a journey worker, who
is recognized within an industry as having expertise in a specific occupation.
If the instructor is a subject matter expert, the submission must include
assurances that the instructor has or will have had training in teaching
techniques and adult learning styles, which may occur before or within nine (9)
months after the apprenticeship instructor has started to provide the related
technical instruction.
(g) The applicant must submit operating
policies and procedures and assurances that the program will be operated in
accordance with the same; and
(h)
The applicant shall submit a plan to recruit, evaluate and select
apprentice/trainee applicants throughout the proposed geographic area,
including an application form that meets Council requirements.
(4) All objections to the approval
of a new committee or new standards shall be submitted to the Council in
writing at the meeting where the application is being considered for approval,
specifically detailing any objections to the application. Council may rule on
the application and objections thereto at that time or grant the applicant 30
days after the Council meeting to submit a written rebuttal to the objections
to the Director. Council shall direct the Director to investigate and evaluate
the objections and rebuttal and to provide a report to Council within 45 days
of receipt of the rebuttal statement. At the next Council meeting after the
initial submission, Council shall either approve or deny the application and
provide a specific written explanation for its actions.
(5) All new programs shall serve a
probationary period of three (3) years after Council approval. Failure to
clearly demonstrate the ability to operate a satisfactory program during the
probationary period, based upon periodic program reviews conducted by the
Division, shall result in deregistration of the program by the Division in
consultation with the Council.
(6)
Compliance reviews will be conducted during the probationary period pursuant to
OAR 839-011-0145 unless the Council directs the Division to conduct reviews
more frequently. Should the Council find operating deficiencies in the course
of any such review, the program shall immediately take action to correct the
deficiencies and submit a report to the Council explaining corrective measures
taken within 90 days of the Council initial finding of deficiencies. If the
committee has not corrected the deficiencies within the 90 day period, the
Division in consultation with the Council shall deregister the program at the
next scheduled Council meeting.
Stat. Auth.: ORS
660.120(3)
Stats. Implemented: ORS
660.135(1)
