260 R.I. Code R. 260-RICR-30-15-5.3

Current through November 7, 2024

Section 260-RICR-30-15-5.3 - 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.

260 R.I. Code R. 260-RICR-30-15-5.3