Bill Text: OR HB2034 | 2011 | Regular Session | Enrolled
Bill Title: Relating to worker training; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-05-27 - Chapter 140, (2011 Laws): Effective date May 27, 2011. [HB2034 Detail]
Download: Oregon-2011-HB2034-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2034
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Commissioner of the Bureau
of Labor and Industries Brad Avakian)
CHAPTER ................
AN ACT
Relating to worker training; creating new provisions; amending
ORS 660.006, 660.010, 660.020, 660.060, 660.120, 660.126,
660.137, 660.142, 660.158, 660.162 and 660.205; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 660.006 is amended to read:
660.006. (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. { - Where - }
{ + 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
{ - which - } { + that + } set forth a progressive wage
within the salary structure range for { - journeymen - }
{ + journeyworker, + } employed by { - such - } { + the + }
state agency or political subdivision.
SECTION 2. ORS 660.010 is amended to read:
660.010. 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;
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(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 { - training agent - }
{ + 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. + }
{ - (7) - } { + (8) + } 'Local joint committee' includes
local joint apprenticeship committees, local joint training
committees and trade committees.
{ - (8) - } { + (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.
{ - (9) - } { + (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.
{ - (10) - } { + (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.
SECTION 3. ORS 660.020 is amended to read:
660.020. (1) Every apprentice and either the apprentice's
{ - training agent - } { + 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 { - 90 - }
{ + 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
Enrolled House Bill 2034 (HB 2034-INTRO) Page 2
register a new apprenticeship agreement, notwithstanding the
requirements of subsection (1) of this section.
SECTION 4. ORS 660.060 is amended to read:
660.060. 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; + }
{ - (8) - } { + (9) + } { - Such - } { + 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 { - such - }
{ + that the + } provisions are customarily subject to agreement
between
{ - training agents - } { + program sponsors or local joint
committees + } and apprentices or trainees; and
{ - (9) - } { + (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.
Enrolled House Bill 2034 (HB 2034-INTRO) Page 3
SECTION 5. ORS 660.120 is amended to read:
660.120. (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.
{ - With the assistance of - } The State Director of
Apprenticeship and Training { - and the director's staff - } ,
{ + 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
{ - council's own - } 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,
{ - where - } { + if + } the council { + and the
division + } { - finds - } { + 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 { - council's - } 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 { - such - } program standards and
modifications { - thereto, as - } { + to program standards
that + } are submitted by appropriate local joint committees as
provided in ORS 660.126, { - which - } { + 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
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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
{ - ; and - } { + . + }
{ - (g) - } { + (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.
SECTION 6. ORS 660.126, as amended by section 1, chapter 15,
Oregon Laws 2010, is amended to read:
660.126. (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 { - journeymen - }
{ + 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 { - reasonable in relation to the
full apprenticeship term - } { + 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 { - journeyman - } { + journeyworker + }
hourly wage to be paid the apprentice at each level of
apprenticeship achieved;
(i) { - Such - } { + Any + } additional provisions
{ - as - } { + that + } the State Apprenticeship and Training
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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
{ - its - } { + 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 apprentice electrician, 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.
SECTION 7. ORS 660.137 is amended to read:
660.137. 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:
Enrolled House Bill 2034 (HB 2034-INTRO) Page 6
(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 { - or - } { + , 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 { - Apprenticeship and Training
Division of the Bureau of Labor and Industries - } { + 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
{ - journeyman - } { + 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
{ - journeyman - } { + journeyworker + } hourly rate of wage
current and correct. The committee shall retain all records from
Enrolled House Bill 2034 (HB 2034-INTRO) Page 7
which a wage determination was made for inspection by the
council { + and division + }, as required by law.
SECTION 8. ORS 660.142 is amended to read:
660.142. (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 { - journeyman - }
{ + journeyworker + } hourly rate of wage currently in effect
for { - journeymen - } { + journeyworkers + } in the
occupation for which the apprentice is being trained, as
determined by the appropriate local joint committee.
(2) The { - journeyman - } { + 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 { - journeyman - }
{ + 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 { - journeyman - } { + journeyworker + }
hourly wage rate is prescribed by federal or state law for work
on a particular project, the higher rate { - so established - }
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 { - journeyman - } { +
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
{ - journeyman - } { + journeyworker + } hourly wage rate, and
to the minimum numeric ratio of { - journeymen - } { +
journeyworkers + } to apprentices, as it deems necessary or
advisable to further the operation of apprenticeship and training
programs in Department of Corrections institutions.
SECTION 9. ORS 660.158 is amended to read:
660.158. (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) { - Apprenticeship programs which jointly form a
sponsoring entity on a multistate basis and are registered
Enrolled House Bill 2034 (HB 2034-INTRO) Page 8
pursuant to all requirements of the United States Department of
Labor, Bureau of Apprenticeship and Training, or by the
apprenticeship agency or council of any other state which has
been recognized by the United States Department of Labor, Bureau
of Apprenticeship and Training, shall be accorded approval
reciprocally by the council if such - } { + 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
{ - sponsoring entity - } { + program sponsor + }, even
{ - though such - } { + if the + } programs and their
standards { - may - } 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. + }
SECTION 10. ORS 660.162 is amended to read:
660.162. 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 { - journeymen - } { +
journeyworkers + } toward the requirements of a community college
associate degree.
SECTION 11. ORS 660.205 is amended to read:
660.205. (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
{ - journeyman - } { + 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 { - journeyman - } { +
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.
Enrolled House Bill 2034 (HB 2034-INTRO) Page 9
(4) The provisions of this section first apply to apprentices
who successfully complete an apprenticeship program after January
1, 1990.
SECTION 12. { + Sections 13 and 14 of this 2011 Act are added
to and made a part of ORS 660.002 to 660.210. + }
SECTION 13. { + (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. + }
SECTION 14. { + (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. + }
SECTION 15. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
----------
Enrolled House Bill 2034 (HB 2034-INTRO) Page 10
Passed by House February 28, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 12, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2034 (HB 2034-INTRO) Page 11
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2034 (HB 2034-INTRO) Page 12
