Current through Register Vol. 63, No. 9, September 1, 2024
(1) Property
services contractors must provide professional training pertaining to the
topics specified in section (4) of this rule to all of the contractor's
managers, supervisors and workers engaged in janitorial services as follows:
(a) At least once during the year in which a
property services contractor license is first issued to a property services
contractor;
(b) For new employees,
within 90 days of the employee's initial hiring date;
(c) For existing employees employed in a job
classification which does not perform janitorial services who transfer or are
assigned to a new job classification which is engaged in janitorial services,
within 90 days of the employee's transfer or reassignment; and
(d) At least once every two years after the
renewal of a license.
(2)
The training provided must be:
(a) Delivered
by a qualified trainer either in a live presentation which includes an
end-of-training discussion to solidify the concepts and principles covered in
the training; or in an interactive webinar, the content of which must be
provided both in writing and verbally and which includes an assessment of the
trainee's understanding of the topics covered in the training;
(b) Draw upon various training methodologies
and be of an appropriate length to cover the required content at a reasonable
pace; and
(c) Be provided in a
language understood by the trainee, either by providing the training directly
in such language or by having a certified interpreter interpret the training in
a language the trainee understands.
(d) In the case of a community rehabilitation
program which is qualified by the State of Oregon as a qualified rehabilitation
facility and which employs workers with various mental, physical, social,
emotional, and linguistic abilities, the content and delivery methods of the
training required by this rule may be modified to accommodate such workers,
provided that the modified training addresses the topics specified in section
(4) in a manner that is reasonably expected to promote understanding of those
topics.
(3) Trainees may
not be required or permitted to perform their regular work duties during the
time they are taking the training, and must be paid for the time they are in
training.
(4) A training curriculum
that includes all of the following elements will be considered to be approved
by the Bureau of Labor and Industries:
(a)
Definitions of sexual assault, sexual harassment and discrimination in the
workplace;
(b) Strategies for
prevention of sexual assault, sexual harassment and discrimination in the
workplace;
(c) Cultural
competency;
(d) Legal protections
for employees who report violations of state or federal laws, administrative
rules or regulations;
(e) A summary
of protected classes under state and federal civil rights laws;
(f) A discussion of the concepts of "severe
or pervasive" conduct and subjective and objective standards of unwelcome
conduct;
(g) The employer's duty to
protect employees from assault and harassment by managers, coworkers and
non-employees in the workplace;
(h)
Strategies for preventing assault and harassment, including effective policies
and enforcement, reporting and monitoring, and preventing retaliation;
and,
(i) The employer's specific
policies regarding prohibited conduct, reporting misconduct, conducting
investigations, measures to effectively correct and eliminate misconduct, the
reinforcement of inclusive cultures and values relative to the environment, and
the dynamics and demographics that may be unique to the organization or
industry.
(5) Property
service contractors must provide the following information with each license
renewal application:
(a) A statement that the
contractor has provided the professional training to all of the contractor's
managers, supervisors and workers as required by ORS
658.428 and this rule;
and
(b) Copies of the curriculum
and related materials used to provide the training required by this
rule.
Statutory/Other Authority: ORS 651 & ORS 658
Statutes/Other Implemented: ORS
658.428 & OL Ch. 008
(2018)