Section 6A-23.010 - Preapprenticeship Programs(1) Purpose and Scope. Sections 446.011 and 446.052, F.S., authorize and direct the Department to develop uniform minimum standards for preapprenticeship programs in apprenticeable occupations, and to assist district school boards, college district boards of trustees and registered apprenticeship program sponsors in the development of preapprenticeship programs. The primary objective of the preapprenticeship program is to provide Florida residents with educational and training opportunities to enable them, upon completion of preapprenticeship training, to obtain entrance into a registered apprenticeship program, based upon the selection criteria established by a registered apprenticeship program sponsor.(2) Definitions. In addition to the definitions provided in Rule 6A-23.003, F.A.C., the following definitions are specific to preapprenticeship: (a) "Preapprentice" means any person sixteen (16) years of age or over engaged in any course of instruction in the public school system or elsewhere, which course is registered as a preapprenticeship program with the Department.(b) "Preapprenticeship Agreement" means a written agreement between the preapprentice and the preapprenticeship program sponsor, containing the terms and conditions of training and incorporating the registered program standards as part of the agreement.(c) "Preapprenticeship Committee" or committee means the same as the registered apprenticeship program sponsor's committee, or a group appointed by registered apprenticeship program sponsor committees, or their designees.(d) "Preapprenticeship Program" means an organized course of instruction, in the public school system or elsewhere, which is designed to prepare a person sixteen (16) years of age or older to become an apprentice, and which is approved and registered with the Department and sponsored by a registered apprenticeship program. Registered preapprenticeship programs shall be part of regular or adult high school programs when occurring in a public school system.(e) "Preapprenticeship Sponsor" means registered apprenticeship program(s) authorized to offer preapprenticeship training.(f) "Preapprenticeship Standards" means the minimum requirements established uniformly for each craft under which a preapprenticeship program is administered and includes standards of admission, training goals, training objectives, curriculum outlines, objective standards to measure successful completion of the preapprenticeship program, and the percentage of credit that may be given to preapprenticeship completers upon acceptance into the apprenticeship program.(3) Eligibility and Procedure for Program Registration. All preapprenticeship programs must meet the following provisions to be eligible for registration. (a) The preapprenticeship program must be approved by the Department and registered in accordance with Chapter 446, F.S., and the standards of preapprenticeship contained in subsection 6A-23.010(4), F.A.C.(b) The preapprenticeship program must be established in an apprenticeable occupation, and be designed to prepare individuals for entry into registered apprenticeship training programs and provide training in an apprenticeable occupation.(c) There must exist reasonable assurance of employment demand in the occupational area being preapprenticed so as to allow preapprentices to transition into registered programs of apprenticeship. Demand occupational areas are those occupations listed in the apprenticeable occupation list which is accessed at: http://www.doleta.gov/oa/bul10/Bulletin_2010_30_List_Apprenticeable_Occupations.pdf, published by the United States Department of Labor.(d) The preapprenticeship program must include one or more related apprenticeable occupation categories that can provide for apprenticeships.(e) Each individual preapprenticeship program must be directly sponsored by one (1) or more registered apprenticeship programs in the same occupation, or in the case of a multiple occupations sponsor, the same occupations.(f) Preapprenticeship programs must be actively training preapprentices within one (1) year of registration. Programs which go inactive and remain the same (no participants training occurring) for more than one (1) year shall be canceled.(g) Any modification(s) or change(s) to registered standards shall be submitted to the Department through the appropriate apprenticeship representative.1. The Department must make a determination on whether to approve such submissions within ninety (90) calendar days from the date of receipt.2. If approved, the modification(s) or change(s) will be recorded and acknowledged within ninety (90) calendar days of approval as an amendment to such program.3. If not approved, the sponsor must be notified of the disapproval and the reasons therefor and provided the appropriate technical assistance.(h) Approved preapprenticeship programs shall be evidenced by a certificate of registration issued in the name of the affiliated apprenticeship program sponsor which has administrative responsibility. Program registrations shall be renewed not less than every five years.(4) Standards of Preapprenticeship. The following standards are prescribed for a preapprenticeship program:(a) The program must be an organized, written plan embodying the terms and conditions of training, including employment and supervision when on-the-job training is incorporated.(b) Registered program standards shall become part of each registered preapprenticeship agreement, and each registered preapprentice shall have the right to obtain and review a copy of the registered program standards, upon request.(c) Required Safety Practices. 1. All preapprenticeship programs must comply with the following federal and state laws and regulations: 2. The foregoing laws and regulations are hereby incorporated into this rule by reference.(d) The standards must contain the following provisions:1. The composition and duties of the preapprenticeship committee.2. OJT is not a requirement of preapprenticeship. When OJT is incorporated into a program, the training of the preapprentice must be in the occupation specifically registered for the sponsor by the Department.3. A term of preapprenticeship established by the committee and designed to prepare the preapprentice for entry or transition into a registered apprenticeship training program.4. Organized related technical instruction in technical subjects related to the occupation. Provide the name and address of school, if participant is enrolled in secondary education.5. If the apprenticeship sponsor includes earning a high school diploma or equivalent as an entrance requirement, provision shall be included for this accomplishment.6. When OJT is incorporated into a program, the following applies:a. An outline of work processes in which the preapprentice will receive supervised work experience and on-the-job training and allocation of the approximate time to be spent in each process.b. In no event shall the preapprentice wage rate be less than the minimum wage prescribed for in the Fair Labor Standards Act or by Florida Statutes.(e) The ratio of preapprentices to journeyworkers consistent with proper supervision, training, safety, and continuity of employment or applicable provisions in collective bargaining agreements, but in ratio of not more than one (1) preapprentice to the participating employer in each apprenticeable occupation and shall not exceed two (2) preapprentices, apprentices, or any combination thereof to every three (3) journeyworkers thereafter in construction related programs.(f) The ratio of preapprentices/apprentices to journeyworkers in non-construction programs shall be as established by the sponsor's committee.(g) It shall be the responsibility of the committee to ensure that the allowable ratio of apprentices/preapprentices to journeyworkers is consistently maintained in the program as a whole, by each participating employer, and on-the-job site.(h) Assurance of qualified journeyworkers.(i) A participating employer's agreement includes:1. Acceptance of the program standard;2. Agreement to provide immediate notification to the committee of each preapprentice worksite;3. Agreement to provide the committee with the participating employer's current contact information.(j) Maintenance of preapprenticeship records for at least two (2) years following the individual's date of departure from or completion of the program. In addition, the Department shall be provided:1. The location of program records if records are not maintained on the respective school campus; and,2. The availability of records of the preapprentices on-the-job and related instruction progress for review by the Department or its apprenticeship representative upon request.(k) Instructing the preapprentice in safety and health related work practices, including assurance that the preapprentice will be trained in facilities and other environments that are in compliance with the Occupational Safety and Health Act.(l) The required minimum qualifications for students or other individuals entering into the preapprenticeship program.(m) The placement of a preapprentice under a preapprenticeship agreement with the Department. (q) Termination of the preapprenticeship agreement for good cause.(r) A plan for resolving differences.(s) Not less than five (5) business days notice to the preapprentice of any adverse action and cause therefore, with stated opportunity to the preapprentice for corrective action during such period.(t) The inclusion of an Equal Employment Opportunity Pledge and Affirmative Action Plan, including: 1. Procedure for dissemination of program openings and opportunities; and,2. An approved selection procedure that does not discriminate against any individual on the grounds of race, color, religion, sex, national origin, and age.(u) Provision for registration, cancellation and deregistration of the program; and the requirement of submission of any amendment or modification of program standards to the Department through the appropriate apprenticeship representative.(v) Provision for notifying the Department of all actions regarding registered preapprentices.(w) Provision for requesting issuance of a preapprenticeship completion certificate from the Department.(x) Term of preapprenticeship is determined by the committee and shall be realistic in terms of attainment. It shall not be less than six (6) months and not exceed two (2) consecutive years.(5) Preapprenticeship Agreement. Preapprentices will be individually registered in one (1) occupation with an agreement which shall be registered with the Department. The preapprenticeship agreement shall contain:
(a) Names and signatures of contracting parties (preapprentice and sponsor) and the signature of parent or guardian if the individual is a minor or otherwise ineligible to enter into a contractual agreement.(b) The preapprentice's date of birth and, on a voluntary basis, Social Security number.(c) Name and address for the program sponsor and Department.(d) A statement of the occupation or craft which the preapprentice is to be taught, and the beginning date and term (duration) of preapprenticeship.(e) A statement showing: 1. The number of hours to be spent in related instruction.2. The number of hours to be spent in on-the-job training, if any.(f) A statement that the agreement can be canceled for due cause or by mutual consent; and in the case of due cause, a reasonable opportunity for corrective action may occur upon mutual agreement.(g) A reference incorporating the standards as part of the preapprenticeship agreement as they exist on the date of agreement.(h) A statement that the preapprentice will be afforded Equal Employment Opportunity in all phases of on-the-job training without discrimination because of race, color, religion, national origin, sex or age.(i) The expected completion date.(6) Deregistration of Registered Preapprenticeship Programs. Deregistration of a program may be effected either upon the voluntary action of the sponsor by a request for cancellation of the registration or upon notice by the Department to the sponsor stating cause, and instituting formal deregistration proceedings in accordance with the following provisions:
(a) Cancellation by request of the sponsor. The Department may cancel the registration of a preapprenticeship 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) business days of the date of the acknowledgment, the sponsor must notify all preapprentices of such cancellation and the effective date; that such cancellation automatically deprives the preapprentice of his or her individual registration.(b) Deregistration by the Department. 1. Deregistration proceedings may be undertaken when the preapprenticeship program is not conducted, operated, or administered in accordance with the registered standards or the requirements of Chapter 6A-23, F.A.C.; and,2. Where it appears the program is not being operated in accordance with the registered standards or with the requirements of Chapter 6A-23, F.A.C., the Apprenticeship Representative shall notify the Department, and the Registration Officer shall so notify the program sponsor in writing.3. The notice shall be sent by registered or certified mail, return receipt requested, shall state the deficiency(ies) and remedy(ies) required and shall state that the program will be deregistered for cause unless corrective action is taken within thirty (30) calendar days. Upon request by the sponsor for good cause, the Department may grant an extension for another thirty (30) calendar days.4. During the period for correction, the sponsor shall be assisted in every reasonable way by the Department.5. 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. That certain deficiencies were called to sponsor's attention and remedial actions requested;c. Based upon the stated cause, the program will be deregistered, unless within twenty-one (21) days of receipt of this notice, the sponsor requests a hearing in accordance with Chapter 120, F.S.;d. If a hearing is not requested by the sponsor, the program will be automatically deregistered.6. If the sponsor requests a hearing, the request shall be handled in conformity with Chapter 120, F.S.7. Every order of deregistration shall contain a provision that the sponsor shall, within fifteen (15) business days of the effective day of the order, notify all registered preapprentices and participating employers of the deregistration of the program, the effective date, and that such action automatically deprives the preapprentice of his/her individual registration.8. Every order of deregistration shall contain a provision that the Sponsor shall, within fifteen (15) business days of the effective day of the order, notify all registered preapprentices and participating employers of the deregistration of the program, the effective date, and that such action automatically deprives the preapprentice of his/her individual registration.(7) Reinstatement of Program Registration. Any preapprenticesip program deregistered pursuant to this rule may be reinstated upon presentation of adequate evidence that the preapprenticeship program is operating in accordance with the requirements of Chapter 6A-23, F.A.C. Such evidence shall be presented to the Registration Officer if the sponsor has not requested a hearing or to the Department if an order of deregistration was entered pursuant to a hearing.(8) Program Completers. (a) The sponsor of an apprenticeship program shall give primary consideration for admission to persons who complete the sponsor's preapprenticeship program.(b) The preapprenticeship completers who enter an apprenticeship program shall be exempted from repeating any related course of instruction, if the completer passes a competency examination. Exemptions shall be determined based upon the standards established by the registered apprenticeship program sponsor.Fla. Admin. Code Ann. R. 6A-23.010
Rulemaking Authority 446.032, 446.041(12) FS. Law Implemented 446.052 FS.
New 6-9-81, Formerly 38C-16.10, Amended 8-18-94, 4-8-96, Formerly 38C-16.010, Amended 1-25-98, 3-15-98, 4-27-98, Formerly RSA 38H-16.010, Amended 3-29-11.New 6-9-81, Formerly 38C-16.10, Amended 8-18-94, 4-8-96, Formerly 38C-16.010, Amended 1-25-98, 3-15-98, 4-27-98, Formerly 38H-16.010, Amended 3-29-11.