Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
Division will register training agents upon receipt of committee minutes
showing approval of specific employers as training agents and a fully executed
training agent registration agreement for each employer.
(2) The effective starting date for a new
training agent shall be no more than forty five (45) days prior to the date
that a fully executed original training agent agreement and committee minutes
approving the registration of the employer are received by a representative of
the Division.
(3) No employer
shall be required to join an industry or trade association as a condition of
approval as a training agent.
(4)
Where two or more programs of the same occupation exist in the same
geographical area an employer may not serve as an approved training agent for
more than one such program at a time.
(a) In
the event an employer has been approved as a training agent by two or more such
programs, the Division shall notify the employer and the appropriate committees
of this rule and require that the employer respond within twenty (20) working
days of receipt of the notice, designating the program in which the employer
chooses to continue and resigning from all others. Such notice shall be sent by
certified mail, return receipt requested.
(b) An employer who does not respond pursuant
to section (3)(a) of this rule, shall be deemed conclusively to have elected to
resign as a training agent from all such programs. The Division shall notify
the committees serving programs in which the employer had participated that the
employer's training agent status has been revoked by operation of this rule.
(5) In limited cases
where special conditions exist, the Council may consider an employer's request
to participate in multiple programs in the same occupation within the same
geographical area:
(a) When an individual
construction project has special conditions warranting consideration for
multiple training agent status, the employer must work with all committees
involved to establish a plan that provides for the health, safety, and
continuity of employment for all apprentices.
(b) When the committees and employer have
reached agreement on a plan that will enhance the training opportunities for
all apprentices, they shall jointly submit a written request to the Council
outlining their plan and requesting the exemption from section (2) of this
rule.
(6) An employer
with a principal place of business outside the geographic jurisdiction of a
local committee may seek approval to register with that local committee as a
training agent. Each such employer must agree to comply with Oregon state,
county and municipal laws, rules and ordinances and the rules, policies,
procedures and standards of the local committee.
(a) The employer and the local committee must
agree on the manner in which local apprentices will be utilized.
(b) Registration as a training agent in
Oregon is not required if the employer is approved as a training agent in a
state that participates in the multi-state apprenticeship reciprocity
agreement, provided:
(A) The standards are
equivalent to Oregon apprenticeship standards for the occupation; and
(B) The employer and sponsor
maintain good standing in their home state.
(b) Reciprocal approval for federal purposes
is accorded to contractors, apprentices, apprenticeship programs and standards
that are registered with the USDOL Office of Apprenticeship ("OA") or
registered to other State Apprenticeship Registration Agencies duly recognized
by OA for federal public works projects in Oregon that are subject to the
Davis-Bacon Act, in accordance with
29 CFR
29.5(b)(13).
(c) Reciprocal approval for non-federal
purposes will be accorded to contractors, apprentices, apprenticeship programs
and standards that are registered with the USDOL Office of Apprenticeship or a
duly authorized State Registration Agency:
(A) The apprenticeship standards must be
equivalent to Oregon standards for the occupation.
(B) The employer and its sponsor must have
passed any probationary period mandated by their registration agency.
(C) Recognition of reciprocity is
valid for one (1) year. A new letter of recognition shall be issued upon
request accompanied by required documentation.
(D) For occupations requiring an Oregon
plumbing or electrical license, employers and apprentices must be registered
with an Oregon committee in order to obtain the required apprentice
license.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
660.120(1)
& 660.137(5)
