Section 12-30-6 - Standards of apprenticeshipAn apprenticeship program shall be eligible For registration by the department if it conforms to the following standards:
(1) The program is an organized, written plan embodying the terms and conditions of employment, training, and supervision of one or more apprentices in the apprenticeable occupation, and subscribed to by a sponsor who has undertaken to carry out the apprentice training program;(2) The program standards contain the equal opportunity pledge prescribed in section 12-31-3(b), Administrative Rules, and, when applicable, an affirmative action plan and a selection method in accordance with sections 12-31-4 and 12-31-6, Administrative Rules, and provisions concerning the following: (A) A statement of the trade or craft to be taught and the required hours for completion of apprenticeship which shall be not less than twelve months or two thousand hours of reasonably continuous employment, consistent with training requirements as established by industry practice;(B) A statement of the number of hours or months to be spent by the apprentice in work on the job and an outline of the work processes in which the apprentice will receive supervised work experience and training on the job, and the allocation of the approximate time to be spent in each major process;(C) A statement of the number of hours to be spent in organized related instruction in technical subjects related to the trade, approved by the state department of education or by the community college system, Univerity of Hawaii, which shall be not less than one hundred and forty-four hours per year and whether or not the required school time shall be compensated; provided that the department may, in the best interest of apprenticeship, reduce the number of hours of related instruction; which instruction may be given in a classroom through trade or industrial courses, or by correspondence courses of equivalent value, or other forms of self-study approved by the department;(D) A statement that apprentices shall be not less than sixteen years of age;(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 Fair Labor Standards Act of 1938, as amended, section 6 thereof, ( 29 U.S.C., section 206) , where applicable, unless a higher wage is required by other applicable federal or state law, administrative rules, or by bargaining agreement;(F) A provision for a probationary period reasonably related to the full apprenticeship term, with full credit given for such period toward completion of apprenticeship;(G) A provision that during the period of probation, the director shall cancel an apprenticeship agreement at the request in writing of any party thereto;(H) A provision that after the probationary period, the director may cancel an apprenticeship agreement: (i) Upon agreement of the parties thereto;(ii) At the request of the apprentice;(iii) Upon recommendation by the sponsor, for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action; or(iv) For good cause on the director's own motion after giving all parties notice and opportunity to be heard;(I) A provision that the services of the department may be utilized for consultation regarding the settlement of differences arising out of the apprenticeship agreement where the differences cannot be adjusted by the parties or in accordance with the established trade procedure, and that any such differences which cannot be amicably settled by the parties may be submitted to the director for final decision;(J) A provision for the numeric ratio of apprentice to journeyworkers consistent with proper supervision, training, safety, and reasonable continuity of employment, and applicable provisions in collective bargaining agreements, in relation to which it is recommended that a ratio of no more than one apprentice for each journeyworker regularly employed by a participating employer in each apprenticeable occupation be established;(K) A provision for transfer of employer's training obligation when the employer is unable to fulfill the obligation under the apprenticeship agreement, to another employer under the same program with the consent of the apprentice and apprenticeship committee or program sponsor, with full credit to the apprentice for satisfactory time and training earned;(L) A provision for minimum qualifications required by a sponsor for persons entering the apprenticeship program;(M) A provision for granting of an advanced standing or credit for previously acquired experience, training, or skills for all applicants equally, with commensurate wages for any progression step so granted;(N) A provision that the apprentice shall be provided adequate and safe equipment and facilities for training and supervision and safety training on the job and in related instruction, and that the employer shall insure that the apprentice is trained in facilities and other environments that are in compliance with federal and state occupational safety and health 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 programs as part of the agreement;(P) A provision for periodic review and evaluation of the apprentice's progress in job performance and in related instruction by the program sponsor and the department, and the maintenance of appropriate progress records;(Q) A provision for recognition of successful completion of apprenticeship evidenced by an appropriate certificate;(R) Identification of the registration agency as apprenticeship division, department of labor and industrial relations;(S) Assurance of qualified training, personnel and adequate supervision on the job;(T) A provision for the registration, cancellation, and deregistration of the program, and requirement for the prompt submission of any modification or revision thereto;(U) A provision for registration of apprenticeship agreements and revisions, notice to the department of persons who have successfully completed apprenticeship programs, and notice of cancellations and suspensions of apprenticeship agreements and causes therefor;(V) A statement of the committee's organization and functions when the program sponsor is a joint apprenticeship committee;(W) The name and address of the appropriate authority under the program to receive, process, and make disposition of complaints; and(X) A provision that apprenticeship standards shall comply with federal and state laws, and rules pertaining to apprenticeship.[Eff. 7/30/81] (Auth: HRS § 372-3) (Imp: HRS § 372-3)