Chapter 660 — Apprenticeship
and Training; Workforce Development
New sections of law were adopted by the
Legislative Assembly during its 2012 regular session and are likely to be
compiled in this ORS chapter. See
sections in the following 2012 Oregon Laws chapters: 2012
Session Laws 0022
2011 EDITION
APPRENTICESHIP; WORKFORCE DEVELOPMENT
LABOR, EMPLOYMENT; UNLAWFUL
DISCRIMINATION
APPRENTICESHIP AND TRAINING
660.002 Declaration
of policy
660.006 Application
660.010 Definitions
for ORS 660.002 to 660.210
660.014 Committees
not state agencies
660.020 Necessity
for written agreement; transfer of agreement to another employer
660.060 Contents
of agreement
660.110 State
Apprenticeship and Training Council; members; confirmation; compensation and
expenses
660.120 Duties
and powers of council and division; rules
660.126 Apprenticeship
standards; rules
660.135 Local
joint committees; members; meetings; authority of individual employed to assist
committees
660.137 Duties
of local apprenticeship and training programs
660.139 Applicant
indentured to family business or current employer
660.142 Pay
rates for apprentices and journeyworkers; exception
660.145 Trade
apprenticeship and training committees
660.147 Registered
apprentice required; exceptions
660.149 Evaluation
of registered apprenticeship programs
660.155 State
joint committees; rules
660.157 Standard
courses of study for apprentices and trainees
660.158 Interstate
agreements regarding courses of study
660.160 Coordination
of schooling for apprentices and trainees
660.162 Adoption
of policies, standards and programs by State Board of Education; rules
660.167 Adoption
of policies by council
660.170 State
Director of Apprenticeship and Training; commissioner authority to employ
others
660.190 Community
college training program advisory committee
660.205 Certification
of program completion for certain apprentices; card; rules; fee
660.210 Tort
liability of committees, officers, employees and agents; limitations; punitive
damages excluded
WORKFORCE DEVELOPMENT
(General Provisions)
660.300 Definitions
for ORS 660.300 to 660.364
660.303 Findings
and policy
660.306 Findings
and policy; purpose of ORS 660.306, 660.312 and 660.315
660.309 Policy
(State Workforce Investment System)
660.312 Education
and Workforce Policy Advisor; duties; rules
660.315 Regional
workforce committees; duties; strategic regional workforce plans
660.318 Duties
of Department of Community Colleges and Workforce Development; rules
660.321 State
Workforce Investment Board
660.324 Duties
of state board; state plan for workforce investment system
660.327 Duties
of local workforce investment boards
660.330 One-stop
delivery system; service providers
660.333 Use
of workforce investment funds; one-stop delivery system services
660.334 Agreements
to create entities to perform workforce investment activities
660.336 Reports
on performance of local training providers and programs
660.339 Participant
records; confidentiality; when records available for inspection or release;
rules
660.340 Oregon
Employer Workforce Training Program; rules
660.341 Oregon
Employer Workforce Training Fund
660.343 Oregon
National Career Readiness Certification Program; rules; annual report
660.346 Integrated
workforce delivery system; occupational prioritization; rules
660.349 Grant
program for collaborative pilot projects providing high school students
experience and education in architecture, construction trades and engineering;
rules
660.352 Youth
Employment Enhancement Fund
660.353 Oregon
Youth Employment Program; rules
660.354 Oregon
Youth Employment Fund
(Development of Green Jobs)
660.355 Definitions
for ORS 660.355 to 660.364
660.358 Green
jobs growth initiative plan
660.361 Green
jobs and green economy terminology
660.364 Financial
incentives and comprehensive strategies to promote green economy and green
technology and innovation
660.367 Legislative
findings
660.370 Payment
of costs
APPRENTICESHIP AND TRAINING
660.002 Declaration of policy.
It is the policy of the State of Oregon:
(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 Oregon by contributing to the
maintenance of an adequate supply of skilled workers. [1957 c.270 §2; 1967 c.6 §2;
2007 c.620 §1]
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. If 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 that set forth a
progressive wage within the salary structure range for journeyworker, employed
by the 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; 2011 c.140 §1]
660.010 Definitions for ORS 660.002 to
660.210. 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 apprentice’s program sponsor or the local joint committee acting as
the agent for the program sponsor 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)
“Journeyworker” means a worker who has attained a level of skill, abilities and
competencies recognized within an industry as having mastered the skills and
competencies required for the occupation.
(8)
“Local joint committee” includes local joint apprenticeship committees, local
joint training committees and trade committees.
(9)
“Program” means the total system of apprenticeship as operated by a particular
local joint committee, including the committee’s registered standards and all
other terms and conditions for the qualification, recruitment, selection,
employment and training of apprentices in that apprenticeable occupation.
(10)
“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.
(11)
“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; 2011
c.140 §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 apprentice’s program sponsor 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 45 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 agent’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; 2011 c.140 §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 of up to one year or 25 percent
of the length of the program, whichever period is shorter, 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)
A statement that the transfer of an apprentice between apprenticeship programs
or within an apprenticeship program must be based on an agreement between the
transferring apprentice and the affected apprenticeship committees or program sponsors
that includes requirements that:
(a)
The transferring apprentice must be provided a transcript of records of related
instruction and on-the-job learning by the transferring apprenticeship
committee or program sponsor;
(b)
The transfer must be within the same occupation as the original apprenticeship
program; and
(c)
A new apprenticeship agreement must be executed prior to the transfer between
program sponsors or within an apprenticeship program;
(9)
Any 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 that the provisions are customarily subject to agreement
between program sponsors or local joint committees and apprentices or trainees;
and
(10)
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; 2011 c.140 §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 member’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 and
division; rules. (1) The State Apprenticeship and
Training Council, under the direction of the Apprenticeship and Training
Division of the Bureau of Labor and Industries, shall enforce the provisions of
ORS 660.002 to 660.210 in order to carry out the intent and purposes of those
provisions. The State Director of Apprenticeship and Training, the division and
the council may conduct investigations, issue subpoenas and subpoenas duces
tecum, obtain evidence, administer oaths and take testimony in all matters
relating to the council’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 and the division 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 director, the division or 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
director, division or council shall serve the court’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 division, on behalf of the council, may bring suit in a court of proper
jurisdiction in the name of the Bureau of Labor and Industries, or in the name
of an apprentice on behalf of the apprentice, through the district attorney or
the Attorney General.
(3)
The council and the division may adopt rules that are reasonably necessary to
enforce and administer ORS 660.002 to 660.210. In adopting the rules, the
council and the division shall comply with ORS chapter 183. In addition, if the
council and the division find 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 and the division may adopt rules on the matter.
The rules shall govern on that matter except to the extent that a local joint
committee’s approved standards contain exceptions.
(4)
The council and the division 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 program standards and modifications to program standards
that are submitted by appropriate local joint committees as provided in ORS
660.126, if the standards and modifications 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 and the division;
(e)
Cooperate with interested state and federal agencies, including the Department
of Education, the State Workforce Investment Board and other providers of
related training and curriculum such as community college districts, community
college service districts, education service districts and recognized industry
programs; and
(f)
Perform such other functions and duties as are necessary or appropriate to
carry out the purposes of ORS 660.002 to 660.210.
(5)
The council shall 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; 2011 c.140 §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 §§7,20 (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 journeyworkers 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 of up to one year or 25 percent of the length of the
program, whichever is shorter, 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
journeyworker hourly wage to be paid the apprentice at each level of
apprenticeship achieved;
(i)
Any additional provisions that the State Apprenticeship and Training Council
and the Apprenticeship and Training Division of the Bureau of Labor and
Industries 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 and the division
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 the decision, the council and the division
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 Oregon;
(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 and the division shall adopt rules to allow a local committee to
determine the circumstances under which an electrical apprentice, who is
working under ORS 479.510 to 479.945 and has completed 6,500 hours of
apprenticeship training for licenses requiring 8,000 hours of apprenticeship
training or who has completed 5,000 hours of apprenticeship training for
licenses requiring 6,000 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; 2010 c.15 §1; 2011 c.9 §85; 2011 c.140 §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 and the Apprenticeship
and Training Division of the Bureau of Labor and Industries 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 and the division 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 and the division. 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, division or other 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 council and the division of the action taken. The council, the
division and the appropriate training agent shall also be notified of each
rerating and of the apprentice’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 and the division.
(6)
Determine and redetermine at least annually the average journeyworker 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 and the division 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 journeyworker 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 and division, as required
by law. [1981 c.764 §13 (enacted in lieu of 660.141); 2007 c.620 §8; 2011 c.140
§7]
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 individual’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 applicant’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; 2007 c.100 §30]
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 §§12,20 (660.137 enacted in lieu
of 660.141)]
660.142 Pay rates for apprentices and journeyworkers;
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 apprentice’s level of apprenticeship,
to the journeyworker hourly rate of wage currently in effect for journeyworkers
in the occupation for which the apprentice is being trained, as determined by
the appropriate local joint committee.
(2)
The journeyworker 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
committee’s determination of its current journeyworker 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 journeyworker hourly wage rate is prescribed by federal or state
law for work on a particular project, the higher rate 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 journeyworker 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 journeyworker hourly wage rate, and to the minimum
numeric ratio of journeyworkers 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; 2011 c.140 §8]
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]
660.147 Registered apprentice required;
exceptions. (1) Every local apprenticeship or
training program administered by a local joint committee or by a trade
committee functioning as a local joint committee must have at least one
registered apprentice.
(2)
Notwithstanding subsection (1) of this section, a local apprenticeship or
training program administered by a local joint committee or by a trade
committee functioning as a local joint committee is not required to have at
least one registered apprentice during the period from:
(a)
The date the standards for the program are registered and the date the first
apprentice is registered under those standards or one year from the date the
standards are registered, whichever period is shorter; or
(b)
The date the committee graduates an apprentice under a set of standards and the
date the next apprentice is registered under those standards or one year from
the date the committee graduates an apprentice under a set of standards,
whichever period is shorter. [2011 c.140 §13]
660.149 Evaluation of registered
apprenticeship programs. (1) The Apprenticeship and
Training Division of the Bureau of Labor and Industries shall evaluate the
performance of registered apprenticeship programs.
(2)
Factors to be used when conducting the evaluation required by subsection (1) of
this section must include, but are not limited to:
(a)
Quality assurance assessments;
(b)
Equal Employment Opportunity Commission compliance reviews; and
(c)
Completion rates.
(3)
Any additional factors used by the division in the evaluation of program
performance must adhere to the goals and policies of the United States
Department of Labor specified in 29 C.F.R. 29 and with guidance issued by the
United States Department of Labor Office of Apprenticeship.
(4)
To evaluate completion rates under this section, the division shall compare the
completion rate of the program under review with the national average for
completion rates. Based on the completion rate review, the division shall
provide technical assistance to promote higher completion rates to programs
with a completion rate lower than the national average.
(5)
Cancellation of an apprenticeship agreement during the probationary period
shall not have an impact on the completion rate of the program. [2011 c.140 §14]
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)
Reciprocal approval for federal purposes shall be accorded to apprentices,
apprenticeship programs and standards that are registered by the United States
Department of Labor Office of Apprenticeship, or by the registration agency or
council of any other state that has been recognized by the United States
Department of Labor Office of Apprenticeship, if reciprocal approval is
requested by the program sponsor, even if the programs and their standards
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.
(3)
Program sponsors seeking reciprocal approval must meet state wage and hour
provisions, local wage provisions, apprenticeship ratio standards and licensing
requirements. [1971 c.271 §8; 1979 c.831 §2; 1981 c.764 §17; 2011 c.140 §9]
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 journeyworkers 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; 2011 c.140 §10]
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
apprentice’s attainment of the status of journeyworker. 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
journeyworker 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; 2011
c.140 §11]
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
660.364. As used in ORS 660.300 to 660.364:
(1)
“Chief elected official” means a county commissioner, a county judge or the
mayor of the City of Portland.
(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 Portland or a county when
the city or county has been designated as a local workforce investment area
under ORS 660.324. “Local workforce investment area” may include two or more
counties that have joined together to form a local workforce investment area
and that have been designated as a local workforce investment area under ORS
660.324.
(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 Oregon and the economic well-being of the
citizens of this state. Therefore, the Legislative Assembly declares that it is
the policy of this state to promote the coordinated provision of education,
employment and job training to achieve the following goals:
(1)
Develop the human resources of Oregon, by preparing citizens for careers and
job opportunities which will provide for their long-term economic security;
(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 Oregon’s workforce;
(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 Oregon’s human and natural resources in endeavors which
harness Oregon’s economic comparative advantages.
(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 Oregon’s
growing economy. The responsiveness and flexibility of providers of education
and workforce development services are critical to the continued success of
Oregon’s economy. Involvement of key interested parties in identifying current
and future workforce needs will be critical to matching the needs of the
workplace and economy with the development of trained workers. Therefore, it is
hereby declared the policy of the state to support and promote the best
possible education, training and employment for its citizens through effective
statewide policy, planning, coordination and service delivery.
(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 Oregon that implementing an integrated
workforce investment system will help workers take responsibility for building
a better future for themselves and their families.
(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, Oregon must maximize local flexibility
consistent with statewide goals and must preserve business, labor and community
involvement in state and local governing boards.
(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 Oregon.
(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 Oregon University System;
(c)
The Oregon Business 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 Oregon Student Access Commission; and
(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; 2011 c.637 §280]
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
Portland, the Mayor of Portland. The members of the committee shall reflect the
broadest feasible representation from the groups described in ORS 660.312
(4)(a) to (h).
(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, public
universities listed in ORS 352.002 and Oregon Health and Science University;
(c)
The Oregon Business 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; 2011 c.637 §281]
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)(a)
Subject to the availability of funds from the federal Workforce Investment Act,
the Department of Community Colleges and Workforce Development shall create and
operate a summer youth employment program that reestablishes meaningful summer
work experience for persons between the ages of 14 and 24 and that meets the
requirements for funding under the federal Act.
(b)
Programs funded under this subsection:
(A)
Must include representatives of the business community in the planning,
implementation and evaluation of the program.
(B)
May provide for private and public sector employment opportunities.
(C)
Shall be managed by local workforce investment boards in a manner that
coordinates regional state-sponsored youth work experience programs.
(c)
Local workforce investment boards responsible for managing programs created
under this subsection shall provide training for business, labor and education
leaders in use of best practices that assure positive summer work experiences
for participants.
(3)
The Department of Community Colleges and Workforce Development shall
collaborate with the State Workforce Investment Board and local workforce
investment boards to collect data on summer work experience programs that
identify successful summer work experiences and allow for the identification
and dissemination of promising practices.
(4)
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;
2009 c.836 §6]
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 must 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 must 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 must 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 consists of a majority of the voting 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.
(8)
Members of the board are not entitled to compensation, but may be reimbursed
for actual and necessary travel and other expenses incurred by them in the
performance of their official duties in the manner and amount provided for in
ORS 292.495. [Formerly 411.926; 2005 c.242 §1; 2011 c.272 §8]
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 Oregon in accordance
with section 2821 of the federal Workforce Investment Act of 1998. Upon the
Governor’s approval of the state plan, the Governor shall cause the State
Unified Workforce Plan to be delivered to the Legislative Assembly.
(2)
The board shall develop and include in the state plan goals designed to promote
Oregonians’ 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 Oregon’s workforce investment system;
(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 Portland, the State Workforce Investment Board shall consider
the county or the City of Portland to be a candidate for designation as a local
workforce investment area. The board shall consult with the county or the City
of Portland before designating it as a local workforce investment area. After
considering the criteria in section 2831 of the federal Act for designating
local workforce investment areas, chief elected officials may submit a request to
the board to combine their units of government into a local workforce
investment area. The board shall make recommendations to the Governor about the
designation of local workforce investment areas. Only the Governor may
designate local workforce investment areas. The Governor must show just cause
for not designating a requested local workforce investment area. A county or
the City of Portland may submit an appeal to the board, as provided in section
2831 of the federal Act, if the Governor does not grant the county’s or the
city’s request to designate a local workforce investment area.
(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 Governor’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 Oregon’s one-stop
delivery system under the federal Workforce Investment Act of 1998 is the
foundation of local service delivery to employers and participants.
(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 meeting minimum standards established pursuant
to ORS 430.357.
(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 660.364 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; 2011
c.673 §41]
660.334 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. [Formerly 660.342]
Note:
660.334 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 660 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
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 660.364 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 participant’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 state’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]
660.340 Oregon Employer Workforce Training
Program; rules. (1) There is created in the
Department of Community Colleges and Workforce Development the Oregon Employer
Workforce Training Program. Subject to the availability of funding, the
department shall create and operate, and local workforce investment boards
shall manage, the program for the purpose of:
(a)
Assisting businesses and consortia of businesses in implementing projects that
identify and provide cost-effective solutions to the issues of employee training,
retention and advancement;
(b)
Maximizing the utilization of public and private resources for providing
training to employed persons in skills that are responsive to the need of
businesses and industries in Oregon to become and to remain competitive on the
national and international level; and
(c)
Responding to the need of workers in Oregon to develop current job skills
necessary to meet the current and future needs of employers.
(2)(a)
Businesses in industries identified in the plans developed by local workforce
investment boards as required by ORS 660.327 are eligible to participate in
projects selected for participation in the program.
(b)
Priority for approval of projects submitted under this subsection shall be
given to businesses in industries that have the greatest impact on the local
economy and emerging green jobs.
(3)
Local workforce investment boards shall:
(a)
Identify businesses and consortia of businesses for potential participation in
the program;
(b)
Develop and implement an application process for projects proposed for the
program;
(c)
Notwithstanding the provisions of the Public Contracting Code, use an open and
competitive procurement process for agreements entered into with participants
in the program;
(d)
Require that businesses participating in a project provide private sector
funding equal to the amount of state funding provided for the project; and
(e)
Track and report to the department the outcomes of projects implemented in the
local workforce investment area, including, but not limited to:
(A)
The number of businesses participating in approved projects;
(B)
The number and types of projects completed;
(C)
The number of employees receiving training;
(D)
The number of jobs retained or created by the businesses participating in the
project; and
(E)
The value of the private sector funding provided.
(4)
The department shall adopt rules necessary for the implementation and operation
of the program created under subsection (1) of this section. The rules shall
include, but are not limited to, a process by which moneys may be appropriated
and allocated to the local workforce investment boards to support projects
identified by the local workforce investment boards under subsection (3) of
this section. [2011 c.702 §2]
660.341 Oregon Employer Workforce Training
Fund. The Oregon Employer Workforce Training
Fund is established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Oregon Employer Workforce Training Fund
shall be credited to the fund. Moneys in the fund are continuously appropriated
to the Department of Community Colleges and Workforce Development for the
purposes of ORS 660.340. [2011 c.702 §3]
660.342 [2003
c.149 §1; renumbered 660.334 in 2009]
660.343 Oregon National Career Readiness
Certification Program; rules; annual report. (1)
There is created in the Department of Community Colleges and Workforce
Development the Oregon National Career Readiness Certification Program to
certify the workplace and college readiness skills of Oregonians and to better
prepare Oregonians for continued education and workforce training, successful
employment and career advancement in a demand-driven, skills-based economy.
(2)
Program services may be offered through public high schools, community
colleges, local and regional career centers and any other institutions
determined to be appropriate by the department to residents of Oregon and to
employees of businesses located in Oregon.
(3)
Services provided by the program shall include, but are not limited to:
(a)
An assessment process that identifies the proficiency level of program
participants in work-ready skills including, but not limited to, reading,
applied mathematics, locating information and any additional skills determined
by the department to be necessary to meet business and industry skill demands;
(b)
Targeted instruction and remedial skills training to provide work-ready skills
in which program participants are not proficient, as determined by the
assessment process described in paragraph (a) of this subsection, and that have
been identified by the department as work-ready skills required by local
employers;
(c)
Issuance of a National Career Readiness Certificate to program participants who
demonstrate proficiency in work-ready skills, as determined by the assessment
process described in paragraph (a) of this subsection, and who satisfy any
other requirements for certification adopted by the department by rule;
(d)
Providing information to school districts, community colleges and community
college service districts about the National Career Readiness Certificate and
the assessments, targeted instruction and remedial skills training available
through the program; and
(e)
An online database that:
(A)
Serves as the repository for National Career Readiness Certificate attainment
data.
(B)
Provides online access to program data that enables employers to determine the
work skill proficiency level of individual program participants and to locate
certified individuals on a statewide or regional basis.
(C)
Provides individual program participants the opportunity for career
exploration, continuing education, job readiness practice and job searches.
(D)
Provides individual program participants the opportunity to opt out of the
database in accordance with rules adopted by the department.
(4)
The Department of Community Colleges and Workforce Development, after
consultation with the State Workforce Investment Board, the Department of
Education and the State Board of Education, shall adopt rules for the
implementation and administration of the program created under subsection (1)
of this section.
(5)
By September 1 of each year, school districts, community colleges and community
college service districts shall report to the Department of Community Colleges
and Workforce Development the rate of participation in and the total number of
students enrolled in the district or community college who utilized the
services provided by the program in the most recently concluded school year.
(6)
The Department of Community Colleges and Workforce Development shall submit a
report on program outcomes and recommendations for improving and funding the
program to the appropriate interim legislative committees and to the Governor
by December 1 of each year. The report shall include a summary of the
information required under subsection (5) of this section. [2009 c.836 §2; 2011
c.148 §1]
660.346 Integrated workforce delivery
system; occupational prioritization; rules. (1)(a)
The Department of Community Colleges and Workforce Development, in
collaboration with the Employment Department and the State Workforce Investment
Board, shall develop and implement a demand-driven, skills-based integrated
workforce delivery system focused on skills and talent development.
(b)
The integrated workforce delivery system implemented under paragraph (a) of
this subsection must include, and the Department of Community Colleges and
Workforce Development shall maintain, a workforce training inventory of
prioritized occupations.
(c)
The Department of Community Colleges and Workforce Development shall prioritize
recommendations for the allocation of workforce training resources by the
integrated workforce delivery system based on occupational prioritization data
developed by the Employment Department.
(2)
The Department of Community Colleges and Workforce Development shall adopt
rules necessary for the implementation and administration of the integrated
workforce delivery system developed under subsection (1) of this section. [2009
c.836 §3]
660.349 Grant program for collaborative
pilot projects providing high school students experience and education in
architecture, construction trades and engineering; rules.
(1)(a) There is created in the Department of Community Colleges and Workforce
Development a program to make grants to pilot projects to promote hands-on
experience and education in the fundamentals and core competencies in
architecture, construction trades and engineering for high school juniors and
seniors.
(b)
Pilot projects funded by the program created under this subsection shall be
based on collaborative efforts between local school districts, community
colleges, business organizations and labor organizations that provide
participants the opportunity for education and training in skills required to
meet the workforce development needs of local, regional and statewide
employers.
(c)
The department may apply for and receive grants and gifts from public and
private sources to fund grants provided under this section.
(2)
The program created under subsection (1) of this section for making grants to
pilot projects shall ensure that:
(a)
Local communities are informed about the availability of the grants;
(b)
The pilot projects are geographically distributed throughout Oregon;
(c)
Urban and rural participants have equal opportunity to access quality
educational opportunities;
(d)
Representatives of related, ongoing community efforts assist in the
implementation of architecture, construction trades and engineering education
and training; and
(e)
The program and timelines are designed to minimize barriers to receiving funds.
(3)
When considering applications for grants, the program shall give priority to
pilot projects that:
(a)
Provide access for high school juniors and seniors to architecture,
construction trades and engineering education and training through the efforts
of local and regional career centers and public-private consortia;
(b)
In combination with other projects receiving funds, contribute to architecture,
construction trades and engineering education and training opportunities in
every part of the state;
(c)
Use private and federal funds;
(d)
Facilitate sharing of resources through public-private partnerships including
collaboration among local school districts, community colleges, business
organizations and labor organizations;
(e)
Have a long-term strategic plan and lack only the necessary financial
resources;
(f)
Help students connect education and training with career planning and job
opportunities through local and regional career centers implemented under the
federal Workforce Investment Act;
(g)
Provide articulated secondary and post-secondary education programs that are
designed to lead to a degree or industry-specific skills certification; and
(h)
Establish short-term training programs that meet the immediate needs of local
and regional employers.
(4)(a)
The department shall include in the program created under subsection (1) of
this section a process for the certification of instructors for the program to
provide education and practical experience in architecture, construction trades
and engineering.
(b)
The department shall adopt by rule requirements for the certification of
instructors described in paragraph (a) of this subsection.
(c)
Notwithstanding the requirements adopted under paragraph (b) of this
subsection, a person qualified to serve as an instructor in a state-recognized
apprenticeship program is qualified for certification as an instructor for
projects implemented under this section. [2009 c.836 §4]
660.352 Youth Employment Enhancement Fund.
There is established in the State Treasury, separate and distinct from the
General Fund, the Youth Employment Enhancement Fund. Moneys in the fund are
appropriated continuously to the Department of Community Colleges and Workforce
Development for the purposes of ORS 660.349. [2009 c.836 §5]
660.353 Oregon Youth Employment Program;
rules. (1) There is created in the Department
of Community Colleges and Workforce Development the Oregon Youth Employment
Program. Subject to the availability of funding, the department shall create
and operate, and local workforce investment boards shall manage, the program to
provide meaningful work experience and workforce training for persons between
the ages of 14 and 24.
(2)
The program shall provide to participants in the program case management and
support services that include, but are not limited to:
(a)
Developing an individual development plan for the participant that outlines
work readiness, career and educational goals;
(b)
Work readiness instruction;
(c)
At least 12 weeks of paid internships or other work experience; and
(d)
Academic support for earning high school graduation credit, completion of a
General Educational Development (GED) certificate program or earning college
credit for work experience or internships provided through the program.
(3)
The program:
(a)
Plan, implementation procedures and evaluation criteria shall be described in
the local plan developed by a local workforce investment board under ORS
660.327.
(b)
May provide for public and private sector employment opportunities.
(4)
Local workforce investment boards responsible for managing the program shall
ensure appropriate training and positive work experiences for participants.
(5)
The department shall collaborate with the local workforce investment boards to
collect data on youth work experience programs that identify successful work
experiences and allow for the identification and dissemination of the most
promising practices. The data collected shall also include the number of
participants in the program, the number of participants that complete the
program, the cost of internships and other work experiences provided, the
academic credit earned by participants and the number of General Educational
Development (GED) certificates earned by participants.
(6)
The department shall adopt rules necessary for the implementation and operation
of the program created under subsection (1) of this section. The rules shall
include, but are not limited to, establishing eligibility criteria for persons
participating in the program. [2011 c.702 §4]
660.354 Oregon Youth Employment Fund.
The Oregon Youth Employment Fund is established in the State Treasury, separate
and distinct from the General Fund. Interest earned by the Oregon Youth
Employment Fund shall be credited to the fund. Moneys in the fund are
continuously appropriated to the Department of Community Colleges and Workforce
Development for the purposes of ORS 660.353. [2011 c.702 §5]
(Development of Green Jobs)
660.355 Definitions for ORS 660.355 to
660.364. As used in ORS 660.355 to 660.364:
(1)
“Green job” means a job that provides a service or produces a product that:
(a)
Increases energy efficiency;
(b)
Produces renewable energy;
(c)
Prevents, reduces or mitigates environmental degradation;
(d)
Cleans up and restores the natural environment; or
(e)
Provides education, consultation, policy promotion, accreditation, trading and
offsets or similar supporting services for any of the activities identified in
this subsection.
(2)
“Targeted population” means:
(a)
Entry level or similar workers in high demand green job careers who are in or
preparing for high wage green jobs;
(b)
Dislocated workers in declining industries who are in or are seeking training
for high wage green jobs;
(c)
Dislocated workers in the forest products, agricultural or energy sectors who
are in or are seeking training for high wage green jobs;
(d)
Veterans who are residents of Oregon or members of the Oregon National Guard;
or
(e)
Members of disadvantaged groups. [2009 c.887 §2; 2011 c.452 §1]
660.358 Green jobs growth initiative plan.
(1) The State Workforce Investment Board, in consultation with the Governor,
the Education and Workforce Policy Advisor and other parties deemed appropriate
by the board and after consideration of the clean energy and energy efficiency
policies of this state, shall develop a plan for a green jobs growth initiative
to promote the development of emerging technologies and innovations that lead
to, create or sustain family wage green jobs.
(2)
The plan for the initiative developed by the board shall:
(a)
Identify industries that are high demand green industries based on current and
projected creation of family wage green jobs and the potential for career
pathways created for such jobs.
(b)
Use the needs of identified high demand green industries as the basis for the
planning of workforce development activities that promote the development of
emerging green technologies and innovations. These activities include, but are
not limited to, such efforts undertaken by community colleges, the public
universities of the Oregon University System, designated signature research
centers, registered apprenticeship programs and other private sector training
programs.
(c)
Leverage and align existing public workforce development programs and other
public and private resources to the goal of recruiting, supporting, educating
and training of targeted populations of workers.
(d)
Require the board to work collaboratively with stakeholders from business,
labor and low income advocacy groups in the regional economy to develop and
implement the initiative.
(e)
Link adult basic and remedial education programs with job training for skills
necessary for green jobs.
(f)
Require the board to collaborate with employers and labor organizations to
identify skills and competencies necessary for green job career pathways.
(g)
Ensure that support services are integrated with education and training for
green jobs and that such services are provided by organizations with direct
access to and experience with targeted populations.
(h)
Include an analysis of occupations in the forest products industry to:
(A)
Determine key growth factors and employment projections for green jobs in the
forest products industry; and
(B)
Define the educational and skill standards required for current and emerging
green occupations in the forest products industry.
(3)
Based on the analysis conducted under subsection (2)(h) of this section, the
State Workforce Investment Board, in consultation with the Education and
Workforce Policy Advisor, shall identify those forest products industries to be
classified as high-demand green industries, taking into consideration current
and future job creation and the strategic importance of the development of
high-demand green forest products industry jobs to the development and growth
of the state’s green economy.
(4)
As used in this section, “forest products industry” includes, but is not
limited to, businesses that grow, manage, harvest, transport or process forest,
wood and paper products. [2009 c.887 §3; 2011 c.452 §2; 2011 c.637 §282]
660.361 Green jobs and green economy
terminology. The State Workforce Investment Board,
in consultation with state agencies, boards, commissions and private entities
deemed appropriate by the State Workforce Investment Board shall develop a list
of defined terms related to green jobs and the green economy that are
consistent with current workforce development and economic development
terminology. [2009 c.887 §4]
660.364 Financial incentives and
comprehensive strategies to promote green economy and green technology and
innovation. The Oregon Business Development
Department, in consultation with the State Workforce Investment Board, shall:
(1)
Develop criteria for existing investments and new or expanded financial
incentives and comprehensive strategies to recruit, retain and expand green
economy industries, including but not limited to forest products industries as
defined in ORS 660.358, and small businesses.
(2)
Make recommendations for new or expanded financial incentives and comprehensive
strategies to stimulate research and development of green technology and
innovation. [2009 c.887 §6; 2011 c.452 §3]
660.367 Legislative findings.
The Legislative Assembly finds that the development of green jobs is essential
to the economic well-being of Oregonians and encourages the Governor to support
clean technology and efforts to prepare workers for employment in green jobs. [2009
c.887 §8]
660.370 Payment of costs.
The payment of costs associated with ORS 660.355 to 660.364 is the
responsibility of the Office of the Governor and those costs shall be paid from
moneys available for disbursement at the direction of the Governor. [2009 c.887
§7]
660.990
[Amended by 1967 c.6 §26; repealed by 1981 c.764
§20]
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