§ 28-45-9 - Standards of apprenticeship programs.
SECTION 28-45-9
§ 28-45-9 Standards of apprenticeshipprograms. – An apprenticeship program, to be eligible for approval and registration withthe council, shall conform to the following standards:
(1) The program is an organized, written plan embodying theterms and conditions of employment, training, and supervision of one or moreapprentices in the apprenticeable occupation, as defined in this chapter andsubscribed to by a sponsor who has undertaken to carry out the apprenticetraining program.
(2) The program standards contain the equal opportunitypledge prescribed in 29 CFR 30.3(b) and, when applicable, an affirmative actionplan in accordance with 29 CFR 30.4, a selection method authorized in 29 CFR30.5, or similar requirements expressed in a state plan for equal employmentopportunity in apprenticeship adopted pursuant to 29 CFR Part 30 and approvedby the U.S. department of labor, and provisions concerning the following:
(i) The employment and training of the apprentice in askilled trade;
(ii) A term of apprenticeship not less than two thousand(2,000) hours of work experience, consistent with training requirements asestablished by industry practice;
(iii) An outline of the work processes in which theapprentice will receive supervised work experience and training on the job, andthe allocation of the approximate time to be spent in each major process;
(iv) Provision for organized, related, and supplementalinstruction in technical subjects related to the trade. A minimum of onehundred forty-four (144) hours for each year of apprenticeship is recommended.The instruction may be given in a classroom or through trade, industrial, orcorrespondence courses of equivalent value, or other forms of self-studyapproved by the apprenticeship council;
(v) A progressively increasing schedule of wages to be paidthe apprentice consistent with the skill acquired which shall average, over therequired hours or years for completion, not less than approximately one half (1/2) of the journeyperson's rate. The entry wage shall be not less than theminimum wage prescribed by the Fair Labor Standards Act, 29 U.S.C. § 201et seq., where applicable, unless a higher wage is required by other applicablefederal law, state law, respective regulations, or by collective bargainingagreement;
(vi) Periodic review and evaluation of the apprentice'sprogress in job performance and related instruction, and the maintenance ofappropriate progress records;
(vii) The numeric ratio of apprentices to journeypersonsconsistent with proper supervision, training, safety, and continuity ofemployment, and applicable provisions in collective bargaining agreements,except where the ratios are expressly prohibited by the collective bargainingagreement. The ratio language shall be specific and clear as to application interms of jobsite, work force, department or plant;
(viii) A probationary period reasonable in relation to thefull apprenticeship term, with full credit given for the period towardcompletion of apprenticeship;
(ix) Adequate and safe equipment and facilities for trainingand supervision, and safety training for apprentices on the job and in relatedinstruction;
(x) The minimum qualifications required by a sponsor forpersons entering the apprenticeship program, with an eligible starting age notless than sixteen (16) years;
(xi) The placement of an apprentice under a writtenapprenticeship agreement that conforms to the requirements of this chapter. Theagreement shall directly, or by reference, incorporate the standards of theprogram as part of the agreement;
(xii) The granting of advanced standing or credit forpreviously acquired experience, training, or skills for all applicants equally,with commensurate wages for any progression step so granted;
(xiii) Transfer of employer's training obligation when theemployer is unable to fulfill his or her obligation under the apprenticeshipagreement to another employer under the same program with consent of the newemployer, the apprentice, and the apprenticeship council;
(xiv) Assurance of qualified training personnel and adequatesupervision on the job;
(xv) Recognition for successful completion of apprenticeshipevidenced by an appropriate certificate;
(xvi) Identification of the registration agency;
(xvii) Provision for the registration, cancellation, andderegistration of the program, and requirement for the prompt submission of anymodification or amendment to it;
(xviii) Provision for registration of apprenticeshipagreements, modifications, and amendments; notice to the apprenticeship councilof persons who have successfully completed apprenticeship programs; and noticeof cancellations, suspensions, and terminations of apprenticeship agreementsand causes for the cancellations, suspensions or terminations;
(xix) Authority for the termination of an apprenticeshipagreement during the probationary period by either party without stated cause;
(xx) A statement that the program will be conducted,operated, and administered in conformity with applicable provisions of 29 CFRPart 30, or a state EEO in apprenticeship plan adopted pursuant to 29 CFR Part30 and approved by the U.S. Department of Labor;
(xxi) Name and address of the appropriate authority under theprogram to receive, process, and make disposition of complaints;
(xxii) Recording and maintenance of all records concerningapprenticeship as may be required by the U.S. bureau of apprenticeship andtraining, employment and training administration or the apprenticeship counciland other applicable law.