19 Del. Admin. Code §§ 1101-6.0
Current through Register Vol. 27, No. 12, June 1, 2024
Section 1101-6.0 - Standards of Apprenticeship6.1 The following standards are prescribed for a Program. 6.1.1 The Program must include an organized, written plan delineating the terms and conditions of employment. The training and supervision of one or more Apprentices in an apprenticeable occupation must become the responsibility of the Sponsor who has undertaken to carry out the Apprentice's training program.6.2 The standards must contain provisions concerning the following:6.2.1 The employment and training of the Apprentice in a skilled occupation.6.2.2 an equal opportunity pledge stating the recruitment, selection, employment and training of Apprentices during their apprenticeships shall be without discrimination based on: race, color, religion, national origin or sex. When applicable, an affirmative action plan in accordance with the State's requirements for federal purposes must be instituted.6.2.3 the existence of a term of apprenticeship, not less than one year or two thousand (2,000) hours consistent with training requirements as established by industry practice - the Delaware Department of Labor intends to continue to use the time based method of determining completion of an Apprenticeship Program.6.2.4 an outline of the work processes in which the Apprentice will receive supervised work experience and on-the-job training, and the allocation of the approximate time to be spent in each major process.6.2.5 provision for organized related and supplemental instruction in technical subjects related to the trade. A minimum of one hundred forty-four (144) hours for each year of apprenticeship is recommended. Such instruction may be given in a classroom, through trade, industrial or approved correspondence courses of equivalent value or in other forms approved by the State Department of Labor, Office of Apprenticeship and Training. Every apprenticeship instructor must: 6.2.5.1 Meet the State Department of Education's requirements for a vocational-technical instructor in the State of registration, 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; and6.2.5.2 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.6.2.6 a progressively increasing schedule of wage rates to be paid the Apprentice, consistent with the skill acquired which shall be expressed in percentages of the established Journeyperson's hourly wage.6.2.7 Minimum Wage Progression for 1 through 7 year Apprentice Program as follows: 6.2.7.1 1 to 7 year programs6.2.7.2 starting pay must be at least minimum wage6.2.7.3 final period must be at least 85% | 1 YEAR [OR] 2,000 HOUR APPRENTICESHIP PROGRAM: |
| 1st | 1000 hours: | 40% |
| 2nd | 1000 hours: | 85% |
| 2 YEAR [OR] 4,000 HOUR APPRENTICESHIP PROGRAM: |
| 1st | 1000 hours: | 40% |
| 2nd | 1000 hours: | 51% |
| 3rd | 1000 hours: | 63% |
| 4th | 1000 hours: | 85% |
| 3 YEAR [OR] 6,000 HOUR APPRENTICESHIP PROGRAM: |
| 1st | 1,000 hours: | 40% |
| 2nd | 1,000 hours: | 48% |
| 3rd | 1,000 hours: | 57% |
| 4th | 1,000 hours: | 65% |
| 5th | 1,000 hours: | 74% |
| 6th | 1,000 hours: | 85% |
| 4 YEAR [OR] 8,000 HOUR APPRENTICESHIP PROGRAM: |
| 1st | 1,000 hours: | 40% |
| 2nd | 1,000 hours: | 46% |
| 3rd | 1,000 hours: | 53% |
| 4th | 1,000 hours: | 59% |
| 5th | 1,000 hours: | 65% |
| 6th | 1,000 hours: | 71% |
| 7th | 1,000 hours: | 78% |
| 8th | 1,000 hours: | 85% |
| 5 YEAR [OR] 10,000 HOUR APPRENTICESHIP PROGRAM: |
| 1st | 1,000 hours: | 40% |
| 2nd | 1,000 hours: | 45% |
| 3rd | 1,000 hours: | 50% |
| 4th | 1,000 hours: | 55% |
| 5th | 1,000 hours: | 60% |
| 6th | 1,000 hours: | 65% |
| 7th | 1,000 hours: | 70% |
| 8th | 1,000 hours: | 74% |
| 9th | 1,000 hours: | 79% |
| 10th | 1,000 hours: | 85% |
| 6 YEAR [OR] 10,000 HOUR APPRENTICESHIP PROGRAM: |
| 1st | 1,000 hours: | 40% |
| 2nd | 1,000 hours: | 44% |
| 3rd | 1,000 hours: | 48% |
| 4th | 1,000 hours: | 52% |
| 5th | 1,000 hours: | 56% |
| 6th | 1,000 hours: | 60% |
| 7th | 1,000 hours: | 64% |
| 8th | 1,000 hours: | 68% |
| 9th | 1,000 hours: | 72% |
| 10th | 1,000 hours: | 76% |
| 11th | 1,000 hours: | 81% |
| 12th | 1,000 hours: | 85% |
| 7 YEAR [OR] 10,000 HOUR APPRENTICESHIP PROGRAM: |
| 1st | 1,000 hours: | 40% |
| 2nd | 1,000 hours: | 43% |
| 3rd | 1,000 hours: | 47% |
| 4th | 1,000 hours: | 50% |
| 5th | 1,000 hours: | 54% |
| 6th | 1,000 hours: | 57% |
| 7th | 1,000 hours: | 61% |
| 8th | 1,000 hours: | 64% |
| 9th | 1,000 hours: | 68% |
| 10th | 1,000 hours: | 71% |
| 11th | 1,000 hours: | 74% |
| 12th | 1,000 hours: | 78% |
| 13th | 1,000 hours: | 81% |
| 14th | 1,000 hours: | 85% |
6.2.8 that the entry Apprentice wage rate shall not be less than the minimum prescribed by State statute or by the Fair Labor Standards Act, where applicable.6.2.9 That the established Journeyperson's hourly rate applicable among all participating Employers be stated in dollars and cents. No Apprentice shall receive an hourly rate less than the percentage for the period in which he/she is serving applied to the established Journeyperson's rate unless the Sponsor has documented the reason for same in the individual Apprentice's progress report and has explained the reason for said action to the Apprentice and Registration Agency. 6.2.9.1 In no case other than sickness or injury on the part of the Apprentice, shall a Sponsor hold back an Apprentice's progression more than one period or wage increment without the written consent of the Administrator.6.2.10 That the established Journeyperson's rate provided for by the Standards be reviewed and/or adjusted annually. Sponsors of Programs shall be required to give proof that all employees used in determining ratios of Apprentices to Journeypersons shall be receiving wages at least in the amount set for Journeypersons in their individual program standards, or are qualified to perform as Journey persons and must be paid at least the minimum journeyperson rate;6.2.11 That the minimum hourly Apprentice wage rate paid during the last period of apprenticeship not be less than eighty-five (85) percent of the established Journeyperson wage rate. Wages covered by a collective bargaining agreement takes precedent over this section. However, wages may not be below the State's required minimum progression.6.3 The Program must include a periodic review and evaluation of the Apprentice's progress in job performance and related instruction, and the maintenance of appropriate progress records.6.4 The ratio of Apprentices to Journeypersons should be consistent with proper supervision, training and continuity of employment or applicable provisions in collective bargaining agreements.6.4.1 The ratio of Apprentices to Journeypersons shall be one Apprentice up to each five (5) Journeypersons employed by the prospective Sponsor unless a different ratio based on an industry standard is contained in the signed Standards of Apprenticeship Agreement or in these regulations. When Apprentices registered in a Delaware Apprenticeship program are employed in other states, the ratio of Apprentices to Journeypersons shall be determined by the ratios established in those other states.6.4.2 The following have been recognized to be the industry standard for the listed trades: Ratio of Apprentice Journeypersons*
| 1 up to 4 | Sheet Metal Worker |
| 1 up to 3 | Insulation Worker |
| 1 up to 4 | Structural Metal Worker |
| 1 up to 3 | Painters, Construction and Maintenance |
| 1 up to 3 | Asbestos Worker |
| 1 up to 3 | Industrial Maintenance Mechanic |
| 1 up to 3 | Plumbers/Pipefitters |
| 1 up to 3 | Electrician |
| 1 up to 3 | Precision Instrument Repairers |
| 1 up to 3 | Glaziers |
| 1 up to 3 | Construction Laborer |
| 1 up to 3 | Dry Wall Finisher |
| 1 up to 3 | Hard Tile Setter |
| 1 up to 2 | Roofers |
| 1 up to 1 | Sprinkler Fitters |
| 1 up to 1 | Child Care Worker |
| 1 up to 1 | Elevator Constructor |
* The ratio has no effect until the second apprentice is registered. Only one Journeyperson is necessary in any trade for the first Apprentice.
6.4.3 Exceptions.6.4.3.1 If a collective bargaining agreement stipulates a ratio of Apprentices to Journeyperson, it shall prevail provided the Bargaining Ration is not lower than the State standard.6.4.3.2 A deviation from the established standard may be granted by the Administrator upon written request after considering the needs of the plant and/or trade with consideration for growth, the availability of relevant training, and the opportunity for employment of skilled workers following the completion of their training. Such exception shall last no more than one year but may be renewed upon written request.6.5 A probationary period shall be in relation to the full apprenticeship term with full credit toward completion of apprenticeship.6.6 Adequate and safe equipment facilities for training and supervision and safety training for Apprentices on the job and in Related Instruction are required. On-site visits may verify compliance with this section prior to the registration of any sponsor for a Delaware apprenticeship program.6.7 The required minimum qualifications for persons entering an Apprentice Program must be met.6.8 Apprentices must sign an Agreement. The Agreement shall directly, or by reference, incorporate the standards of the Program as part of the Agreement.6.9 Advance standing or credit up to 25% OJT hours of the particular trade term in question for previously acquired experience, training skills, or aptitude for all applicants equally, with commensurate wages for any accorded progression step may be granted. The granting of a greater amount of credit shall be set at the discretion of the Administrator based on supportive documentation submitted by the Sponsor. In no case shall more than one half of the particular trade term in question be granted unless the time in question has been spent in any state or federally registered program.6.10 When a registered apprentice is no longer employed by a Sponsor, the Sponsor shall determine the time and training earned during his or her employment and send notice of such progress to the Apprenticeship and Training Section of the Delaware Department of Labor and to the apprentice in writing.6.11 Transfer of Employer's training obligation through the sponsoring Committee if one exists and as warranted, to another Employer with consent of the Apprentice and the Committee or Program Sponsors, with full credit to the Apprentice for satisfactory time and training earned, may be afforded with written notice to, and approval of, the Registration Agency and is evidenced by a new apprenticeship agreement.6.12 These Standards shall contain a statement of assurance of qualified training personnel.6.13 There will be recognition for successful completion of apprenticeship evidenced by an appropriate certificate.6.14 These Standards shall contain proper identification of the Registration Agency, being the Department of Labor, Division of Industrial Affairs, Office of Apprenticeship and Training.6.15 There will be a provision for the Registration, Cancellation and Deregistration of the Program, and a requirement for the prompt submission of any modification or amendment thereto.6.16 There will be provisions for Registration of Agreements, modifications and amendments, notice to the Division of persons who have successfully completed Programs, and notice of Cancellations, suspensions and terminations of Agreements an causes therefore.6.17 There will be a provision giving authority for the termination of an Agreement during the probationary period by either party without stated cause.6.18 There will be provisions for not less than five (5) days notice to Apprentices of any proposed adverse action and cause therefore with stated opportunity to Apprentices during such period for corrective action.6.19 There will be provisions for a grievance procedure, and the name and address of the appropriate authority under the program to receive, process and make disposition of complaints.6.20 There will be provisions for recording and maintaining all records concerning apprenticeships as may be required by the State or Federal law.6.21 There will be provisions for a participating Employer's Agreement.6.22 There will be funding formula providing for the equitable participation of each participating Employer in funding of a group Program where applicable.6.23 All Apprenticeship Standards must contain articles necessary to comply with federal laws, regulations and rules pertaining to apprenticeship.19 Del. Admin. Code §§ 1101-6.0
3 DE Reg. 641 (11/1/99)
5 DE Reg. 204 (7/1/2001)
8 DE Reg. 468 (9/1/04)
9 DE Reg. 806 (11/1/05)
10 DE Reg. 1021 (12/01/06)
14 DE Reg. 51 (07/01/10)
19 DE Reg. 194 (9/1/2015) (Final)