19 Del. Admin. Code §§ 1101-3.0

Current through Register Vol. 27, No. 12, June 1, 2024
Section 1101-3.0 - Definitions
3.1 As used in this part:

"Administrator" refers to the Administrator of the Office of Apprenticeship and Training for the State Department of Labor.

"Agreement" refers to a written agreement between an Apprentice and either his/her employer or an Apprenticeship Committee acting as agent for the Employer which contains the terms and conditions of the employment and training of the Apprentice.

"Apprentice" refers to a person at least sixteen years of age who is engaged in learning a recognized skilled trade through actual work experience under the supervision of a Journeyperson. This person must enter into a written Apprenticeship Indenture Agreement with a registered apprenticeship sponsor. The training must be supplemented with properly coordinated studies of related technical instruction. All hours worked by a registered apprentice, while in the employ of the apprentice's sponsor, shall be considered apprenticeship hours to be counted toward wage progression increments and completion of his/ her on-the-job training hours as set forth in the Apprenticeship Indenture Agreement.

"Apprenticeship Standards" refers to the document which embodies the procedure for the selection and the training of apprentices, setting forth the terms of the training, including wages, hours, conditions of employment, training on the job, and related instruction. The duties and responsibilities of the Sponsor, including administrative procedures, are set forth in their company's policies.

"BAT" refers to the U.S. Department of Labor, Bureau of Apprenticeship and Training.

"Cancellation" refers to the deregistration of a Program or the Termination of an Agreement.

"Committee" refers to those persons designated by the Sponsor to act on its behalf in the administration of the Apprenticeship Program. A Committee may be "joint" i.e., it is composed of an equal number of representatives of the employer(s) and of the employee(s) represented by a bona fide collective bargaining agent(s) and has been established to conduct, operate or administer a Program and enter into Agreements with Apprentices. A Committee may be "unilateral" or "non-joint" and shall mean a Program Sponsor in which a bona fide collective bargaining agent is not a participant.

"Council" refers to the Governor's Advisory Council On Apprenticeship and Training.

"Delaware Resident Contractor" includes any general contractor, prime contractor, construction manager, subcontractor or other type of construction contractor who regularly maintains a place of business in Delaware. Regularly maintaining a place of business in Delaware does not include site trailers, temporary structures associated with one contract or set of related contracts, nor the holding, nor the maintaining of a post office box within this State. The specific intention of this definition is to maintain consistency with Title 30, Delaware Code, section 2501 (3) "Resident Contractor".

"Director" refers to the Director of the Division of Industrial Affairs.

"Division" refers to the Division of Industrial Affairs, Department of Labor, state of Delaware.

"Employer" refers to any person or organization employing an Apprentice, whether or not such person or organization is a party to an Apprenticeship Agreement.

"Journeyperson" refers to a worker who is fully qualified as a skilled worker in a given craft or trade.

"On-site Visit" refers to a visit from a representative of the State of Delaware, Department of Labor, Division of Industrial Affairs to the office and/or the actual field job-site of the Sponsor, for the purposes of inspecting and/or monitoring the progress and training of the Registered Apprentice. This monitoring may include but is not limited to interviewing the Apprentice and the auditing of pertinent documents relative to the maintenance and enforcement of the terms of the Apprenticeship Agreement. On-site visits to the Sponsor's office may occur at the discretion of the Department of Labor. The Sponsor will reimburse any travel-related expenses over $500 associated with on-site visits within sixty (60) days of their completion, or will face program deregistration following a hearing held in accordance with the procedures established in these regulations.

"Program" refers to an executed apprenticeship plan which contains all terms and conditions for the qualifications, recruitment, selection, employment and training of Apprentices, including such matters as the requirements for a written Apprenticeship Agreement.

"Registrant or Sponsor" refers to any person, association, committee or organization in whose name or title the Program is (or is to be) registered or approved regardless of whether or not such entity is an Employer. To be eligible, the Registrant or Sponsor must be a "Delaware Resident Contractor" or hold and maintain a "Delaware Resident Business License" or register their business with the Delaware Secretary of State. To be eligible to be a Registrant or Sponsor, Employer/Business, association, committee or organization must have the training program and an adequate number of Journey persons to meet the ratio requirements as stated for that particular apprenticeable occupation.

"Registration" refers to the acceptance and recording of an Apprenticeship Program by the Delaware Department of Labor, Office of Apprenticeship and Training, as meeting the basic standards and requirements of the Division for approval of such Program. Approval is evidenced by a Certificate or other written indicia documentation. Registration also refers to the acceptance and recording of Apprenticeship Agreements thereof, by the Delaware Department of Labor, Office of Apprenticeship and Training, as evidence of the participation of the Apprentice in a particular Registered apprenticeship Program. In no event shall the State of Delaware subsidize the instruction of any apprentice whose employment is not associated with the payment of income taxes to the State of Delaware, which finances such educational subsidies.

"Registration Agency" means the Office of Apprenticeship or a recognized State Apprenticeship Agency that has responsibility for registering apprenticeship programs and apprentices; providing technical assistance and quality assurance assessments.

"Related Instruction" refers to a formal and systematic form of instruction designed to provide the Apprentice with knowledge of the theoretical and technical subjects related to his/her trade.

"Secretary" refers to the Secretary of Labor.

"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.

"State" refers to the State of Delaware

"Supervisory Inspection" shall mean the same as "ON SITE VISIT".

19 Del. Admin. Code §§ 1101-3.0

3 DE Reg. 641 (11/1/99
10 DE Reg. 1021 (12/01/06)
19 DE Reg. 194 (9/1/2015) (Final)