Requirements for program to be eligible for registration and approval by State Apprenticeship Council. To be eligible for registration and approval by the State Apprenticeship Council, a proposed program must:
1. Be an organized, written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in an occupation in which a person may be apprenticed and be subscribed to by a sponsor who has undertaken to carry out the program.
2. Contain the pledge of equal opportunity prescribed in 29 C.F.R. § 30.3(b) and, when applicable:
(a) A plan of affirmative action in accordance with 29 C.F.R. § 30.4;
(b) A method of selection authorized in 29 C.F.R. § 30.5;
(c) A nondiscriminatory pool for application as an apprentice; or
(d) Similar requirements expressed in a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the Department of Labor.
3. Contain:
(a) Provisions concerning the employment and training of the apprentice in a skilled trade;
(b) A term of apprenticeship of not less than 2,000 hours of work experience, consistent with training requirements as established by practice in the trade;
(c) An outline of the processes in which the apprentice will receive supervised experience and training on the job, and the allocation of the approximate time to be spent in each major process;
(d) Provisions for organized, related and supplemental instruction in technical subjects related to the trade with a minimum of 144 hours for each year of apprenticeship, given in a classroom or through trade, industrial or correspondence courses of equivalent value or other forms of study approved by the State Apprenticeship Council;
(e) A progressively increasing, reasonable and profitable schedule of wages to be paid to the apprentice consistent with the skills acquired, not less than that allowed by federal or state law or regulations or by a collective bargaining agreement;
(f) Provisions for a periodic review and evaluation of the apprentice’s progress in performance on the job and related instruction and the maintenance of appropriate records of his progress;
(g) A numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety, continuity of employment and applicable provisions in collective bargaining agreements, in language that is specific and clear as to its application in terms of job sites, workforces, departments or plants;
(h) A probationary period that is reasonable in relation to the full term of apprenticeship, with full credit given for that period toward the completion of the full term of apprenticeship;
(i) Provisions for adequate and safe equipment and facilities for training and supervision and for the training of apprentices in safety on the job and in related instruction;
(j) The minimum qualifications required by a sponsor for persons entering the program, with an eligible starting age of not less than 16 years;
(k) Provisions for the placement of an apprentice under a written agreement as required by this chapter, incorporating directly or by reference the standards of the program;
(l) Provisions for the granting of advanced standing or credit to all applicants on an equal basis for previously acquired experience, training or skills, with commensurate wages for each advanced step granted;
(m) Provisions for the transfer of the employer’s training obligation when he is unable to fulfill his obligation under the agreement to another employer under the same or a similar program with the consent of the apprentice and the local joint apprenticeship committee or sponsor of the program;
(n) Provisions for the assurance of qualified training personnel and adequate supervision on the job;
(o) Provisions for the issuance of an appropriate certificate evidencing the successful completion of an apprenticeship;
(p) An identification of the State Apprenticeship Council as the agency for registration of the program;
(q) Provisions for the registration of agreements and of modifications and amendments thereto;
(r) Provisions for notice to the Labor Commissioner of persons who have successfully completed the program and of all cancellations, suspensions and terminations of agreements and the causes therefor;
(s) Provisions for the termination of an agreement during the probationary period by either party without cause;
(t) A statement that the program will be conducted, operated and administered in conformity with the applicable provisions of 29 C.F.R. Part 30 or a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the Department of Labor;
(u) The name and address of the appropriate authority under the program to receive, process and make disposition of complaints; and
(v) Provisions for the recording and maintenance of all records concerning apprenticeships as may be required by the State Apprenticeship Council and applicable laws.
Last modified: February 25, 2006