OAR 839-011-0142: Apprenticeship and Training Committees — Apprentice/Trainee Qualifications

(1) The Council and the Division shall evaluate proposed qualification standards or selection methods pursuant to the criteria set forth in Title 29 CFR Part 30, the Equal Employment Opportunity in Apprenticeship Plan noted in OAR 839-011-0200, the objectives expressed by the committee and/or sponsor, and such other factors as the Council and the Division may deem appropriate. Evaluation of proposed qualification standards or selection methods shall include an analysis of whether they would result in an adverse impact upon any protected class of applicants. (2) The Council and the Division shall not consider proposed standards that contain any of the following requirements within their minimum qualifications: (a) Physical ability to do the job, unless it specifically references a validated occupational requirement, such as lifting a sack of cement to a specified height; (b) Any tests (including color tests) that do not meet the validity requirements under 41 CFR 60.3; (c) A valid driver’s license; or (d) A medical exam. (3) Standards submitted containing any of these requirements will not be placed on the Council agenda. (4) The minimum qualifications section of the standards may include a note advising applicants that employers may require apprentices to meet additional lawful conditions of employment. These must be identified by employers and specified in the standards.