260-RICR-30-15-5
260-RICR-30-15-5. Apprenticeship Programs in Trade and Industry (version Amendment, 11/08/2018 to 01/04/2022)
5.1 Authority, Purpose, and Scope
A. AUTHORITY: R.I. Gen. Laws §
28-45-3 authorizes Rhode Island Apprenticeship Council to formulate
and promote the furtherance of labor standards necessary to safeguard
the welfare of apprentices and to extend the application of such
standards by requiring the inclusion thereof in contracts of
apprenticeship.
B. PURPOSE: To set forth
labor standards to safeguard the welfare of apprentices, and to
extend the application of such standards by prescribing rules and
regulations concerning the registration of acceptable apprenticeship
programs. These labor standards, rules and regulations cover the
registration, termination, and deregistration of apprenticeship
programs; and of apprenticeship agreements and matters relating
thereto.
C. SCOPE: The provisions of
this regulation shall apply to a person, firm, corporation, or craft
only after such person, firm, corporation, or craft has voluntarily
elected to conform with its provision.
5.2 Incorporated Materials
A. These regulations hereby
adopt and incorporate 29 C.F.R. § 18 (1990) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
B. These regulations hereby
adopt and incorporate 29 C.F.R. § 29 (2008) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
C. These regulations hereby
adopt and incorporate 29 C.F.R. § 29.5 (2008) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
D. These regulations hereby
adopt and incorporate 29 C.F.R. § 29.7 (2008) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
E. These regulations hereby
adopt and incorporate 29 C.F.R. § 29.10 (2008) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
F. These regulations hereby
adopt and incorporate 29 C.F.R. § 30 (1984) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
G. These regulations hereby
adopt and incorporate 29 C.F.R. § 30.3 (1984) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
H. These regulations hereby
adopt and incorporate 29 C.F.R. § 30.4 (1984) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
I. These regulations hereby
adopt and incorporate 29 C.F.R. § 30.5 (1984) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
J. These regulations hereby
adopt and incorporate 29 U.S.C. § 651 et seq . (2004) by
reference, not including any further editions or amendments thereof
and only to the extent that the provisions therein are not
inconsistent with these regulations.
5.3 Definitions – As used
in this regulation:
A. “Administrator”
means the Administrator of the Office of Apprenticeship, or any
person specifically designated by the Administrator.
B. “Apprentice”
means a person of at least sixteen (16) years of age, participating,
through employment, in an approved schedule requiring not less than
2,000 hours of on-the-job work experience supplemented by related
instruction and who is a party of an approved apprenticeship
agreement registered with the Department.
C. “Apprenticeship
agreement" means a written agreement complying with materials
incorporated above at § 5.2(D) of this Part, between an
apprentice and either the apprenticeship program sponsor, or an
apprenticeship committee acting as agent for the program sponsor(s),
which contains the terms and conditions of the employment and
training of the apprentice.
D. “Apprenticeship
cohort” means the group of individual apprentices registered to
a specific program during a one (1) year time frame, except that a
cohort does not include the apprentices whose apprenticeship
agreement has been cancelled during the probationary period.
E. "Apprenticeship
committee" means persons designated by the sponsor to act for it
in the administration of the program. A committee may be:
1. “Joint” –
composed of an equal number of employer representatives and employee
representatives, represented by a bona fide collective bargaining
agent; and has been established to conduct, operate or administer an
apprenticeship program and enter into apprenticeship agreements with
apprentices.
2. “Unilateral”
or “Non-Joint” – a program sponsor in which a bona
fide collective bargaining agent is not a participant; it includes an
individual non-joint sponsor and a group non-joint sponsor
F. “Apprenticeship
program” means a plan containing all terms and conditions for
the qualification, recruitment, selection, employment, and training
of apprentices, as required by materials incorporated above at §§
5.2(B) through (F) of this Part, including such matters as the
requirements for a written apprenticeship agreement.
G. “Cancellation”
means the termination of the registration or approval status of a
program at the request of the Sponsor, or termination of an
Apprenticeship Agreement at the request of the apprentice.
H. “Certification"
or "Certificate” means documentary evidence that:
1. The Office of
Apprenticeship has approved a set of National Guidelines for
Apprenticeship Standards developed by a national committee or
organization, joint or unilateral, for policy or guideline use by
local affiliates, as conforming to the standards of apprenticeship
set forth in materials incorporated above at § 5.2(C) of this
Part;
2. The Department has
established that an individual is eligible for probationary
employment as an apprentice under a registered apprenticeship
program;
3. The Department has
registered an apprenticeship program as evidenced by a Certificate of
Registration or other written indicia;
4. The Department has
determined that an apprentice has successfully met the requirements
to receive an interim credential; or
5. The Department has
determined that an individual has successfully completed
apprenticeship pursuant to R.I. Gen. Laws § 28-45-3.
I. “Competency”
means the attainment of manual, mechanical, or technical skills and
knowledge as specified by an occupational standard and demonstrated
by an appropriate written and hands-on proficiency measurement
pursuant to R.I. Gen. Laws § 28-45-9.
J. “Completion rate”
means the percentage of an apprenticeship cohort who receives a
certificate of apprenticeship completion within one (1) year of the
projected completion date.
K. “Council" or
"State Apprenticeship Council” or "SAC" means an
entity established as part of the Department of Labor and Training,
and operating under its direction, in order to assist the department
by:
1. promulgating regulations
consistent with materials incorporated above at §§ 5.2(B)
through (F) of this Part; and
2. providing advice and
guidance to the director of the Department of Labor and Training on
the operation of the Rhode Island Apprenticeship Program.
L. “Department”
means the Rhode Island Department of Labor and Training.
M. “Electronic media”
means media that utilize electronics or electromechanical energy for
the end user (audience) to access the content.
1. This includes, but is not
limited to, electronic storage media, transmission media, the
Internet, extranet, lease lines, dial-up lines, private networks, and
the physical movement of removable/transportable electronic media
and/or interactive distance learning.
N. "Employer" means
any person or organization employing an apprentice, regardless of
whether such person or organization is a party to an apprenticeship
agreement with the apprentice.
O. “Federal purposes”
means any Federal contract, grant, agreement or arrangement dealing
with apprenticeship; and any Federal financial or other assistance,
benefit, privilege, contribution, allowance, exemption, preference or
right pertaining to apprenticeship.
P. “Interim credential”
means a credential issued by the Department, upon request of the
appropriate sponsor, as certification of competency attainment by an
apprentice.
Q. “Journeyworker”
or “Journeyperson” means a worker recognized within the
industry as having mastered the skills, abilities, and competencies
required for the occupation.
1. Use of the term may also
refer to a mentor, technician, specialist, or other skilled worker
who has documented sufficient skills and knowledge of an occupation,
either through formal apprenticeship or through practical on-the-job
experience and formal training.
R. “Office of
apprenticeship” means the office designated by the Employment
and Training Administration to administer the National Apprenticeship
System or its successor organization.
S. “Provisional
registration” means the one (1) year initial provisional
approval of newly registered programs that meet the required
standards for program registration, after which program approval may
be made permanent, continued as provisional, or rescinded following a
review by the Council, as provided for in the criteria described in §
5.4 of this Part.
T. “Quality assurance
assessment” means a comprehensive review conducted by the
Department regarding all aspects of an Apprenticeship Program’s
performance, including but not limited to, determining if apprentices
are receiving: on-the-job training in all phases of the
apprenticeable occupation; scheduled wage increases consistent with
the registered standards; related instruction through appropriate
curriculum and delivery systems; and that the Department is receiving
notification of all new registrations, cancellations, and completions
as required herein.
U. “Registration
agency” means the Office of Apprenticeship (acting as a
registration agency) or a state recognized apprenticeship agency,
including the Department.
V. "Registration of an
apprenticeship agreement" means the acceptance and recording
thereof by the Department as evidence of the participation of the
apprentice in a particular registered apprenticeship program.
W. "Registration of an
apprenticeship program" means the acceptance and recording of
such program by the Department as meeting the basic standards and
requirements of the Department for approval of such program. Approval
is evidenced by a certificate of registration or other written
indicia.
X. “Related
instruction” means an organized and systematic form of
instruction designated to provide the apprentice with knowledge of
the theoretical and technical subjects related to the apprentice’s
occupation. Such instruction may be given in a classroom, through
occupational or industrial courses, or by correspondence courses of
equivalent value, electronic media, or other forms of self-study
approved by the Department.
Y. “Secretary”
means the U.S. Department of Labor Secretary of Labor or any person
designated by the Secretary.
Z. “Sponsor”
means any person, association, committee, or organization operating
an apprenticeship program and in whose name the program is (or is to
be) registered or approved.
AA. “Standards of
apprenticeship” means the written document which sets forth the
minimum labor standards required by law for training apprentices in a
specified industry, area or plant. By reference, it is a part of the
apprenticeship agreement. There are two basic types of standards:
1. one providing for joint
employer-union participation in the program; and
2. the second, referred to as
unilateral standards, where responsibility for the apprenticeship is
assumed by either management or organized labor, but not both.
Normally, unilateral programs are sponsored by single employers.
BB. “Technical
assistance” means guidance provided by Department staff in the
development, revision amendment, or processing of a potential or
current program sponsor’s Standards of Apprenticeship,
Apprenticeship Agreements, or advice or consultation with a Sponsor
to further compliance with this part.
CC. “Transfer”
means a shift of apprenticeship registration from one program to
another or from one employer within a program to another employer
within that same program, where there is agreement between the
apprentice and the affected Apprenticeship Committees or Sponsors.
5.4 Eligibility and Procedure for
Council Registration
A. Eligibility for
registration of an apprenticeship program for various Federal
Purposes is conditioned upon a program's conformity with the
apprenticeship program standards published in this part. For a
program to be determined by the Secretary as being in conformity with
these published standards, the program must apply for registration
and be registered with the Office of Apprenticeship or with a State
Apprenticeship Agency recognized by the Office of Apprenticeship. The
determination by the Secretary that the program meets the
apprenticeship program standards is effectuated only through such
registration.
B. Only an apprenticeship
program or agreement that meets the following criteria is eligible
for Department registration:
1. It is in conformity
with the requirements of this part and the training is in an
apprenticeable occupation having the characteristics set forth in §
5.5 of this Part; and
2. It is in conformity with
the requirements of the Office of Apprenticeship regulations on Equal
Employment Opportunity in Apprenticeship and Training as incorporated
in § 5.2(F) of this Part.
C. Except as provided §
5.4(D) of this Part, apprentices must be individually registered
under a registered program. Such individual registration may be
affected:
1. By filing copies of
each individual Apprenticeship Agreement with the Department; or
2. Subject to
Department approval, by filing a master copy of such agreement
followed by a listing of the name, and other required data, of each
individual, when apprenticed.
3. Such registration
shall be made by filing the individual Apprenticeship Agreement with
the Department within forty-five (45) calendar days of the date of
selection, and shall become effective upon signature by the
Department.
a. The names of persons in
probationary employment as an apprentice under an apprenticeship
program registered by the Department, if not individually registered
under such program, must be submitted within forty-five (45) days of
employment to the Department for certification to establish the
apprentice as eligible for such probationary employment, unless
prohibited by applicable licensing law.
D. The Department must be
notified within forty-five (45) days of persons who have successfully
completed apprenticeship programs; and of transfers, suspensions, and
cancellations of apprenticeship agreements, including a statement of
the reasons therefore.
E. Operating Apprenticeship
Programs, when approved by the Department, are provided with
registration and/or approval evidenced by a certificate of
registration or other similar written indicia.
F. Applications for new
programs that the Department determines meet the required standards
for program registration must be given provisional approval for a
period of one (1) year. The Department must review all new programs
for quality and for conformity with the requirements of this part at
the end of the first year after registration. At that time:
1. A program that conforms
with the requirements of this part may:
a. be made permanent; or
b. continue to be
provisionally approved through the first full training cycle.
2. A program not in operation
or not conforming to the regulations during the provisional approval
period shall be recommended for deregistration procedures.
G. The Department must review
all programs for quality and for conformity with the requirements of
this part at the end of the first full training cycle. A satisfactory
review of a provisionally approved program will result in conversion
of provisional approval to permanent registration. Subsequent reviews
must be conducted no less frequently than every five years. Programs
not in operation or not conforming to the regulations must be
recommended for deregistration procedures.
H. Any sponsor proposals or
applications for modification(s) or change(s) to registered programs
for Apprenticeship Standards must be submitted to the Department. The
Department shall determine whether to approve such submissions within
ninety (90) days from the date of receipt. If approved, the
modification(s) or change(s) will be recorded and acknowledged within
ninety (90) days of approval as amendment(s) to such program. If not
approved, the sponsor must be notified of the disapproval and the
reasons therefore; and provided the appropriate technical assistance.
I. If the Sponsor is involved
in any abnormal labor condition such as a strike, lockout, or other
similar condition, the application for an apprenticeship program may
be withheld until such issue is resolved.
J. If it should be
determined by the Department that a Sponsor is in violation of any
Federal or State Labor laws, or rules and regulations affecting
registration of programs, the application for an apprenticeship
program may be withheld until such issues are resolved.
K. Under a program proposed
for registration by an employer or employers' association, where the
standards, collective bargaining agreement or other instrument,
provides for participation by a union in any matter in the operation
of the substantive matters of the apprenticeship program, and such
participation is exercised, written acknowledgement of union
agreement or no objection to the registration is required. Where no
such participation, by a union, is evidenced and practiced, the
employer or employers' association shall simultaneously furnish to an
existing union, if any, which is the collective bargaining agent of
the employees to be trained, a copy of its application for
registration and of the Apprenticeship Program. The Department shall
provide for receipt of union comments, if any, within forty-five (45)
days before final action on the application for registration and/or
approval.
L. Where the employees to be
trained have no collective bargaining agreement, an Apprenticeship
Program may be proposed for registration by an employer or group of
employers, or an employer association.
5.5 Criteria for Apprenticeable
Occupations
A. An apprenticeable
occupation is one which:
1. Is customarily learned in
a practical way through a structured systematic program of on-the-job
supervised learning;
2. Is clearly identified and
commonly recognized throughout an industry;
3. Involves the progressive
attainment of manual, mechanical, or technical skills and knowledge
which, in accordance with the industry standard for the occupation;
4. Requires the completion of
at least 2,000 hours of on-the-job learning; and
5. Requires related
instruction to supplement the on-the-job learning.
5.6 Standards of Apprenticeship
A. An Apprenticeship Program
to be eligible for registration by the Department shall conform to
the following standards:
1. The program is a written
plan embodying the terms and conditions of employment, training and
supervision of one or more apprentices in the apprenticeable
occupation, as defined in R.I. Gen. Laws Chapter 28-45 and this
regulation, and subscribed to by a Sponsor who has undertaken to
carry out the apprentice training program.
2. The following standards
are prescribed for an Apprenticeship Program:
a. The employment and
training of the apprentice in a skilled trade, craft or occupation;
b. The term of
apprenticeship, which for an individual apprentice may be measured
either through the completion of the industry standard for on-the-job
learning (at least 2,000 hours) (time-based approach), the attainment
of competency (competency-based approach), or a blend of the
time-based and competency-based approaches (hybrid approach):
(1) The time-based approach
measures skill acquisition through the individual apprentice’s
completion of at least 2,000 hours of on-the-job learning as
described in a work process schedule.
(2) The competency-based
approach measures skill acquisition through the individual
apprentice’s successful demonstration of acquired skills and
knowledge, as verified by the program sponsor. Programs utilizing
this approach must still require apprentices to complete an
on-the-job learning component of registered apprenticeship. The
program standards must address how on-the-job learning will be
integrated into the program, describe competencies, and identify an
appropriate means of testing and evaluation for such competencies.
(3) The hybrid approach
measures the individual apprentice’s skill acquisition through
a combination of specified minimum number of hours of on-the-job
learning and the successful demonstration of competency as described
in a work process schedule.
(4) The determination of the
appropriate approach for the program standards is made by the program
sponsor, subject to approval by the Department of the determination
as appropriate to the apprenticeable occupation for which the program
standards are registered.
c. An outline of work
processes in which the apprentice will receive supervised work
experience and on-the-job learning, and the allocation of the
approximate time to be spent in each major process;
d. Provision for organized,
related instruction in technical subjects related to the occupation,
including a description of how testing and evaluation will be
administered. A minimum of one hundred and forty-four (144) hours for
each year of apprenticeship is recommended. This instruction in
technical subjects may be accomplished through media such as
classroom, occupational or industry courses, electronic media, or
other instruction approved by the Department. Related and
supplemental instruction may be provided in person or via electronic
media.
(1) The Sponsor shall provide
the following information to be granted approval for the use of
electronic media:
(AA) The rationale for
implementing the electronic media;
(BB) The type(s) and
availability of electronic media to be utilized; and
(CC) A list of the courses,
description, and the number of hours required to complete each course
being delivered by electronic media.
(2) Every apprenticeship
instructor must:
(AA) Meet the Rhode Island
Department of Education's requirements for a vocational-technical
instructor in Rhode Island or be a subject matter expert, which is an
individual, such as a journeyworker, who is recognized within an
industry as having expertise in a specific occupation; and
(BB) Have training in teaching
techniques and adult learning styles, which may occur before or after
the apprenticeship instructor has started to provide the related
technical instruction.
e. A statement of the
progressively increasing scale of wages to be paid the apprentice
consistent with the skill acquired, the entry wage to be not less
than the minimum wage prescribed by the Federal and State Labor
Standards Acts, where applicable, unless a higher wage is required by
other applicable Federal law, State law, respective regulations, or
by Collective Bargaining Agreement;
f. A provision for
probationary period reasonable in relation to the full apprenticeship
term, with full credit given for such period toward completion of
apprenticeship; the probationary period cannot exceed twenty-five
(25) percent of the length of the program, or one (1) year, whichever
is greater;
g. Authority for the
cancellation of an Apprenticeship Agreement during the probationary
period by either party without stated cause; cancellation during the
probationary period will not have an adverse impact on the sponsor's
completion rate;
h. A provision that after the
probationary period, the Council shall be empowered to terminate an
Apprenticeship Agreement upon agreement of the parties thereto; or
for good cause on the Council's own motion after giving all parties
notice and opportunity to be heard;
i. Adequate and safe
equipment and facilities for training and supervision, and safety
training for apprentices on the job and in related instruction;
j. Provision for the numeric
ratio of apprentices to Journeymen consistent with proper
supervision, training, safety, and reasonable continuity of
employment, and applicable provisions in collective bargaining
agreements. The ratio language shall be specific and clear as to
application in terms of jobsite, work force, department, or plant.
The initial ratio of apprentice to journeymen is 1-1 and the
remaining ratios are set forth in § 5.17 of this Part and made a
part herein and is applicable to all participating employers in each
apprenticeable trade, craft, or occupation;
k. The transfer of an
apprentice between apprenticeship programs and within an
apprenticeship program must be based on agreement between the
apprentice and the affected Apprenticeship Committees or program
Sponsors, and must comply with the following requirements:
(1) The transferring
apprentice must be provided a transcript of related instruction and
on-the-job learning by the committee or Sponsor;
(2) Transfer must be to the
same occupation;
(3) A new Apprenticeship
Agreement must be executed when the transfer occurs between program
Sponsors;
(4) The apprentice conforms
to the work process contained in the new apprenticeship agreement.
l. Provision for minimum
qualifications required by a Sponsor for persons entering the
Apprenticeship Program; an apprentice may be sixteen (16) years of
age or older, unless a higher minimum age is fixed by law;
m. The granting of advanced
standing or credit for demonstrated competency, acquired experience,
training, or skills for all applicants equally, with commensurate
wages for any progression step so granted;
n. A provision that the
employer shall instruct the apprentice in safe and healthy work
practices and shall ensure that the apprentice is trained in
facilities and other environments that are in compliance with either
the occupational safety and health standards promulgated by the
Secretary under materials incorporated above at § 5.2(J) of this
Part, or State standards that have been found to be at least as
effective as the Federal standards;
o. A provision for the
placement of an apprentice under a written Apprenticeship Agreement,
which shall directly, or by reference, incorporate the standards of
the program as part of this agreement;
p. A provision for periodic
evaluation review of the apprentice's progress in job performance and
related instruction, and the maintenance of appropriate progress
records;
q. A provision of recognition
for successful completion of apprenticeship, evidenced by an
appropriate certificate;
r. Identification of the
Department;
s. A statement that the
regular work day or work week for apprentices shall not be greater
than those of the Journeymen;
t. Provision for the
registration, cancellation, and deregistration of the program, and
requirement for the prompt submission of any modification or revision
thereto;
u. Provision for registration
of apprenticeship Agreements and Revisions, notice to the Department
of persons who have successfully completed apprenticeship programs,
and notice of transfers, terminations and suspensions of
Apprenticeship Agreements and causes therefore;
v. A statement of how the
Committee is to be organized and a statement of the functions of the
committee are required if the Sponsor is a joint Apprenticeship
Committee;
w. Compliance with materials
incorporated above at § 5.2(F) of this Part, including the equal
opportunity pledge prescribed in materials incorporated above at §
5.2(G) of this Part; an affirmative action plan complying with
materials incorporated above at § 5.2(H) of this Part; and a
method for the selection of apprentices authorized by materials
incorporated above at § 5.2(I) of this Part, or compliance with
parallel requirements contained in a State plan for equal opportunity
in apprenticeship adopted under materials incorporated above at §
5.2(F) of this Part and approved by the Department. The
apprenticeship standards must also include a statement that the
program will be conducted, operated, and administered in conformity
with applicable provisions of materials incorporated above at §
5.2(F) of this Part, or, if applicable, an approved State plan for
equal opportunity in apprenticeship;
x. Name, address, telephone
number, and email address, if applicable, of the appropriate
authority under the program to receive, process, and make disposition
of complaints;
y. Provision for a
participating employer's agreement;
z. All apprenticeship
standards must contain articles to comply with Federal laws,
regulations and rules pertaining to apprenticeship;
aa. Assurance of qualified
training personnel and adequate supervision on the job by a minimum
number of journeypersons;
bb. Program standards that
utilize the competency-based or hybrid approach for progression
through an apprenticeship and that choose to issue interim
credentials must:
(1) clearly identify the
interim credentials,
(2) demonstrate how these
credentials link to the components of the apprenticeable occupation,
and
(3) establish the process for
assessing an individual apprentice's demonstration of competency
associated with the particular interim credential.
(4) Further, interim
credentials must only be issued for recognized components of an
apprenticeable occupation, thereby linking interim credentials
specifically to the knowledge, skills, and abilities associated with
those components of the apprenticeable occupation.
cc. Recording and maintenance
of all records concerning apprenticeship as may be required by the
Office of Apprenticeship or the Department and other applicable law.
5.7 Program Performance Standards
A. Every registered
Apprenticeship Program must have at least one registered apprentice,
except for the following specified periods of time, which may not
exceed one (1) year:
1. Between the date when a
program is registered and the date of registration for its first
apprentice(s); or
2. Between the date that a
program graduates an apprentice and the date of registration for the
next apprentice(s) in the program.
B. To evaluate
completion rates, the Registration Agency must review a program's
completion rates in comparison to the national average for completion
rates. Based on the review, the Registration Agency must provide
Technical Assistance to programs with completion rates lower than the
national average.
C. Cancellation of
Apprenticeship Agreements during the probationary period will not
have an adverse impact on a sponsor's completion rate.
5.8 Apprenticeship Agreement
A. The Apprenticeship
Agreement shall contain explicitly or by reference:
1. Name and signature of the
contracting parties (apprentice, and the program sponsor or employer,
and the signature of a parent or guardian if the apprentice is a
minor);
2. The date of birth of the
apprentice and, on a voluntary basis, the social security number;
3. Name and address of the
Sponsor and Registration Agency;
4. A statement of the
occupation, trade, or craft in which the apprentice is to be trained
and the beginning date and term of apprenticeship;
5. A statement showing:
a. The number of hours
to be spent by the apprentice in work on the job in a time-based
program or a description of the skill sets to be attained by
completion of a competency-based program, including the on-the-job
learning component; or, if a hybrid program, the minimum number of
hours to be spent by the apprentice and a description of the skill
sets to be attained by completion.
b. The number of hours
to be spent in related and supplemental instruction in technical
subjects related to the occupation which is recommended to be not
less than one hundred forty-four (144) hours per year.
6. A statement setting forth
a schedule of the work processes in the trade, craft, or occupation
in which the apprentice is to be trained and the approximate time to
be spent at each process;
7. A statement of the
graduated scale of wages to be paid the apprentice and whether the
required school time related instruction shall be compensated;
8. Statements providing:
a. For a specific
period of probation during which the Apprenticeship Agreement may be
terminated by either party to the agreement upon notice to the
Department; and
b. That, after the
probationary period, the agreement may be:
(1) Cancelled at the request
of the apprentice, or
(2) Suspended or cancelled by
the Sponsor, for good cause, with due notice to the apprentice and a
reasonable opportunity for corrective action, and with written notice
to the apprentice and to the Department of the final action taken.
9. A statement that the
apprentice will be accorded equal opportunity in all phases of
apprenticeship employment and training, without discrimination
because of race, color, religion, ancestry, sex, age, physical
handicap, marital status, or court and arrest record; and
10. Name and address of the
appropriate authority, if any, designated under the program to
receive, process, and make disposition of controversies or
differences arising out of the Apprenticeship Agreement; any such
controversies and differences which cannot be amicably settled by the
parties may be submitted to the Department for final decision.
5.9 Deregistration of Department
Registered Program
A. Deregistration of a program
may be effected upon the Sponsor’s voluntary request for
cancellation of the registration or, upon reasonable cause, by the
Department, instituting formal deregistration proceedings in
accordance with the provisions of this regulation.
B. If a Sponsor requests
deregistration, the Department may cancel the registration of an
Apprenticeship Program by a written acknowledgement of such request
stating, but not limited to, the following:
1. The registration is
cancelled at Sponsor's request, and giving the effective date of such
cancellation; and
2. That, within fifteen (15)
work days of the date of the acknowledgement, the Sponsor must notify
all apprentices, of such cancellation and the effective date; that
such cancellation automatically deprives the apprentice of his/her
individual registration; and that the deregistration of the program
removes the apprentice from coverage for federal purposes which
require the Secretary of the U.S. Department of Labor’s
approval of an apprenticeship program; and that all apprentices are
referred to the Department for information about potential transfer
to other registered Apprenticeship Programs.
C. Deregistration by
Department:
1. The Department may
initiate Deregistration proceedings when the apprenticeship program
is not conducted, operated, or administered in accordance with the
program's registered provisions or with the requirements of this
Part, including not but limited to:
a. failure to provide
on-the-job learning;
b. failure to provide related
instruction;
c. failure to pay the
apprentice a progressively increasing schedule of wages consistent
with the apprentices skills acquired; or
d. persistent and significant
failure to perform successfully.
e. Deregistration proceedings
for violation of equal opportunity requirements must be processed in
accordance with the provisions under materials incorporated above at
§ 5.2(F) of this Part.
2. For purposes of this
section, persistent and significant failure to perform successfully
occurs when a Sponsor consistently fails to register at least one
apprentice, shows a pattern of poor quality assessment results over a
period of several years, demonstrates an ongoing pattern of very low
completion rates over a period of several years, or shows no
indication of improvement in the areas identified by the Department
during a review process as requiring corrective action.
3. Where it appears the
program is not being operated in accordance with requirements of R.I.
Gen. Laws Chapter 28-45 or this regulation, the Department shall
notify the program in writing of non-compliance.
4. The notice sent to the
Sponsor's contact person must:
a. Be sent by registered or
certified mail, with return receipt requested;
b. State the shortcoming(s)
and the remedy required; and
c. State that a determination
of reasonable cause for deregistration will be made unless corrective
action is effected within thirty (30) days.
5. Upon request by sponsor,
the thirty (30) day period may be extended for up to an additional
thirty (30) day period. During the period for correction the Sponsor
should be assisted in every reasonable way by the Department.
6. If the required action is
not taken within the allotted time, the Department shall send a
notice to the Sponsor by registered or certified mail, return receipt
requested, stating the following:
a. This notice is sent
pursuant to this subsection;
b. Certain deficiencies were
called to the Sponsor's attention (enumerating them and the remedial
measures requested, with the dates of such occasions and letters),
and that the Sponsor has failed or refused to effect correction;
c. Based upon the stated
deficiencies and failure to remedy them, a determination has been
made that there is reasonable cause to deregister the program and the
program may be deregistered unless, within fifteen (15) days of the
receipt of this notice, the Sponsor requests a hearing with the
Department; and
d. If the Sponsor does not
request a hearing, the entire matter will be submitted to the
Administrator, Office of Apprenticeship, for a decision, on the
record, about deregistration.
7. If the Sponsor does not
request a hearing, the Department will transmit to the Administrator
a report containing all pertinent facts and circumstances concerning
the nonconformity, including the findings and recommendation for
deregistration, and copies of all relevant documents and records.
Statements concerning interviews, meetings and conferences will
include the time, date, place, and persons present. The Administrator
will make a final order on the basis of the record presented.
8. If the Sponsor requests a
hearing, the Registration Agency will transmit to the Administrator a
report containing all the data listed in § 5.9(B)(6) of this
Part, and the Administrator will refer the matter to the Office of
Administrative Law Judges. An Administrative Law Judge will convene a
hearing in accordance with materials incorporated above at §
5.2(E) of this Part, and issue a decision as required in materials
incorporated above at § 5.2(E) of this Part.
9. Every order of
registration shall contain a provision that the sponsor shall, within
one (1) work day of the effective date of the order, notify all
registered apprentices of the deregistration of the program, the
effective date, and that such action automatically deprives the
apprentice of his/her individual registration; that the
deregistration removes the apprentice from coverage for Federal
Purposes which require the Secretary’s approval of an
Apprenticeship Program, and that all apprentices are referred to the
Department for information about potential transfer to other
registered Apprenticeship Programs.
5.10 Deregistration Hearings
A. Within ten (10) business
days of receipt of a request for a hearing, the Administrator of
Apprenticeship must contact the Department of Labor’s Office of
Administrative Law Judges to request a designation of an
Administrative Law Judge to preside over the hearing. The Judge shall
give reasonable notice of such hearing by registered mail, return
receipt requested, to the appropriate Sponsor. Such notice shall
include:
1. A reasonable time and
place of hearing;
2. A statement of the
provisions of this regulation pursuant to which the hearing is to be
held; and
3. A concise statement of the
matters pursuant to which the action forming the basis of the hearing
is proposed to be taken.
B. The procedures contained
in materials incorporated above in § 5.2(A) of this Part will
apply to the disposition of the request for hearing except that:
1. The Administrative Law
Judge will receive, and make part of the record, documentary evidence
offered by any party and accepted at the hearing. Copies of
documentary evidence may be submitted to any party to the hearing
upon request.
2. Technical rules of
evidence will not apply to hearings conducted pursuant to this Part,
but rules or principles designed to assure production of the most
credible evidence available and to subject testimony to test by
cross-examination will be applied, where reasonably necessary, by the
Administrative Law Judge conducting the hearing. The Administrative
Law Judge may exclude irrelevant, immaterial, or unduly repetitious
evidence.
C. The Administrative Law
Judge should issue a written decision within ninety (90) days of the
closing of the hearing record. The Administrative Law Judge’s
decision constitutes final agency action.
5.10.1 Procedure for
Petition for Review
A. Within fifteen (15) days
of receipt of decision from the Administrative Law Judge, a
dissatisfied party may file a petition for review with the
Administrative Review Board. The petition shall specifically identify
the procedure, law, or policy to which exception is taken. Any
exception not specifically identified is deemed waived. A copy of the
petition for review shall be sent to the opposing party at the same
time.
B. The decision of the
Administrative Law Judge remains final unless, within thirty (30)
days of the filing of the petition for review, the Administrative
Review Board notifies the parties the petition has been accepted.
C. The Administrative Review
Board may set a briefing schedule or decide the matter on the record.
The Administrative Review Board must render a decision on any
accepted petition within one hundred and eighty (180) days of the
close of the record or the Administrative Law Judge’s decision
constitutes final agency action.
5.11 Reinstatement of Program
Registration
Any Apprenticeship Program
deregistered pursuant to R.I. Gen. Laws Chapter 28-45 and this
regulation, may be reinstated upon presentation of adequate evidence
that the Apprenticeship Program is operating in accordance with, R.I.
Gen. Laws Chapter 28-45, and this regulation. Such evidence shall be
presented to the Department, if an order of deregistration were
entered pursuant to a hearing.
5.12 Complaints
A. This section is not
applicable to any complaint concerning discrimination nor other equal
opportunity matters; all such complaints shall be submitted,
processed, and resolved in accordance with State or Federal Equal
Opportunity laws.
B. Any controversy or
differences arising under Apprenticeship Agreement which cannot be
resolved locally, or which is not covered by a Collective Bargaining
Agreement, may be submitted by an apprentice or his/her authorized
representative to the Department for review. Matters covered by a
collective bargaining agreement are not subject to such review.
C. The complaint must be in
writing, and signed by the complainant, or authorized representative,
and shall be submitted within sixty (60) days of the final local
decision. It shall set forth the specific matter(s) complained of,
together with all relevant facts and circumstances. Copies of all
pertinent documents and correspondence shall accompany the complaint.
D. The Department shall
render opinion within ninety (90) days after receipt of the
complaint, based upon such necessary investigation of the matters
submitted, and the record before it. During the ninety (90) day
period, the Department shall make reasonable efforts to affect a
satisfactory resolution between the parties involved. If so resolved,
the parties shall be notified that the case is closed. Where a final
decision is rendered, copies of such decision shall be sent to all
interested parties.
E. Nothing in this section
precludes an apprentice from pursuing any other remedy authorized
under another Federal, State, or local law.
5.13 Reciprocity
A. The Department shall
accord reciprocal approval for Federal Purposes to apprentices,
Apprenticeship Programs, and standards that are registered in other
States by the Office of Apprenticeship or a Registration Agency if
such reciprocity is requested by the apprenticeship program sponsor.
Sponsors seeking reciprocal approval must meet the wage and hour
provisions and apprentice ratio standards of the reciprocal State.
B. Licensed Journeypersons
from other states shall not be permitted to register as apprentices
in the same occupation, trade, or craft.
5.14 Limitations
A. Nothing in this Part or in
any Apprenticeship Agreement will operate to invalidate:
1. Any apprenticeship
provision in any Collective Bargaining Agreement between employers
and employees establishing high apprenticeship standards; or
2. Any special provision for
veterans, minority persons, or women in the standards, apprentice
qualifications or operation of the program, or in the apprenticeship
agreement, which is not otherwise prohibited by law, Executive Order,
or authorized regulation.
5.15 Fees
Apprenticeship programs shall
comply with R.I. Gen. Laws §§ 28-45-9.1 and 28-45-13.1
5.16 EEO Plan
Apprenticeship programs shall
comply with R.I. Gen. Laws § 28-45-14.
5.17 Apprenticeship Ratios
A. Definitions:
1. “Manufacturing”
means a commercial or industrial facility which makes or processes (a
raw material) into a finished product by a large-scale industrial
operation,
2. “Shop” means a
controlled environment within the premises owned and/or occupied by
the employer.
3. “Residential”
means four (4) dwelling units and under.
4. “Commercial”
means Commercial Building or one that contains more than four (4)
dwelling units.
B. Jobsite Ratio for Licensed
Indentured Trades
TRADE
COMMERCIAL
RESIDENTIAL
MANUFACTURING/
SHOP (controlled environment)
EXPLANATION
Electricians
1-1
then 1-3
1-1
1-1
then 1-3
*
see Definitions
Master
Oil Burner Electrician
1-1
1-1
1-1
As
provided in R.I. Gen. Laws § 5-6-24
Journeyperson
Oil Burner Electrician
1-1
1-1
1-1
As
provided in R.I. Gen. Laws § 5-6-24
Master
Alarm Electrician
1-1
1-1
1-1
As
provided in R.I. Gen. Laws § 5-6-24
Journeyperson
Alarm Electrician
1-1
1-1
1-1
As
provided in R.I. Gen. Laws § 5-6-24
Electric
Sign Contractor
2-1
2-1
2-1
As
provided in R.I. Gen. Laws § 5-6-24
Electric
Sign Installer
2-1
2-1
2-1
As
provided in R.I. Gen. Laws § 5-6-24
Plumbers
1-1
1-1
1-1
As
provided in R.I. Gen. Laws § 5-20-35 and rules and
regulations
Elevators
1-1
1-1
1-1
Elevator
Safety Code § 10-1.9 of this Chapter.
Telecommunications
2-1
2-1
2-1
As
provided in R.I. Gen. Laws § 5-70-5
Operating
Engineers
1-5
1-5
1-5
Must
have license to operate equipment
Master
Mechanical Contractor
1-1
then 1-3
1-1
1-1
Unlimited
heating, cooling, and process work (Rules and Regulations)
Refrigeration
Master I
1-1
then 1-3
1-1
1-1
Unlimited
as to restriction on refrigeration work (Rules and Regulations)
Refrigeration
Master II
1-1
1-1
1-1
Limited
to installations up to 20-ton comfort cooling systems and
installations up to 3-ton product cooling or up to one (1)
horsepower.
Pipefitter
Master I
1-1
then 1-3
1-1
1-1
Unlimited
as to restriction on pipefitting and heating work. (Rules and
Regulations)
Pipefitter
Master II
1-1
1-1
1-1
Commercial
and residential heating installations are limited to 500,000
BTU's. (Rules and Regulations)
Sheet
Metal Master I
1-1
then 1-3
1-1
1-1
Unlimited
as to restriction on sheet metal work. (Rules and Regulations)
Sheet
Metal Master II
1-1
1-1
1-1
Limited
to installation of sheet metal on a residential occupancy as
defined by the RI Building Code current edition. (Rules and
Regulations)
PJF/Natural
Gas Service Master II
1-1
1-1
1-1
Limited
to installation of warm air heating furnaces not exceeding
500,000 BTU's. Rules and Regulations)
PJF/Propane
Gas Service Master II
1-1
1-1
1-1
Limited
to installation of warm air heating furnaces not exceeding
500,000 BTU's. (Rules and Regulations)
Refrigeration
Journeyperson I
1-1
then 1-3
1-1
1-1
Unlimited
as to restriction on refrigeration work. (Rules and Regulations)
Refrigeration
Journeyperson II
1-1
1-1
1-1
Limited
to installations up to 20-ton comfort cooling systems and
installations up to 3-ton product cooling or one (1) horsepower
freezing. (Rules and Regulations)
Pipefitter
Journeyperson
1-1
then 1-3
1-1
1-1
Unlimited
as to restriction on pipefitting and heating work. (Rules and
Regulations)
C. Jobsite Ratios for
Unlicensed Trades
TRADE
COMMERCIAL
RESIDENTIAL
MANUFACTURING/SHOPS
Boiler
maker
1-1
then 1-5
1-1
1-1
Bricklayers
1-1
then 1-5
1-1
1-1
Carpenters
1-1
then 1-5
1-1
1-1
Ironworkers
1-1
then 1-5
1-1
1-1
Laborers
1-1
then 1-5
1-1
1-1
Painters
Glazier
1-1
then 1-3
1-1
1-1
Glazier
1-1
then 1-3
1-1
1-1
Plasterers
& Cement Masons
1-1
then 1-4
1-1
1-1
Roofers
1-1
then 1-5
1-1
1-1