260 R.I. Code R. 260-RICR-30-15-5.6

Current through November 7, 2024

Section 260-RICR-30-15-5.6 - Standards of Apprenticeship

A. An Apprenticeship Program to be eligible for registration by the Department shall conform to the following standards:

1. The program is a written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in the apprenticeable occupation, as defined in R.I. Gen. Laws Chapter 28-45 and this regulation, and subscribed to by a Sponsor who has undertaken to carry out the apprentice training program.

2. The following standards are prescribed for an Apprenticeship Program:

a. The employment and training of the apprentice in a skilled trade, craft or occupation;

b. The term of apprenticeship, which for an individual apprentice may be measured either through the completion of the industry standard for on-the-job learning (at least 2,000 hours) (time-based approach), the attainment of competency (competency-based approach), or a blend of the time-based and competency-based approaches (hybrid approach):

(1) The time-based approach measures skill acquisition through the individual apprentice's completion of at least 2,000 hours of on-the-job learning as described in a work process schedule.

(2) The competency-based approach measures skill acquisition through the individual apprentice's successful demonstration of acquired skills and knowledge, as verified by the program sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job learning component of registered apprenticeship. The program standards must address how on-the-job learning will be integrated into the program, describe competencies, and identify an appropriate means of testing and evaluation for such competencies.

(3) The hybrid approach measures the individual apprentice's skill acquisition through a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule.

(4) The determination of the appropriate approach for the program standards is made by the program sponsor, subject to approval by the Department of the determination as appropriate to the apprenticeable occupation for which the program standards are registered.

c. An outline of work processes in which the apprentice will receive supervised work experience and on-the-job learning, and the allocation of the approximate time to be spent in each major process;

d. Provision for organized, related instruction in technical subjects related to the occupation, including a description of how testing and evaluation will be administered. A minimum of one hundred and forty-four (144) hours for each year of apprenticeship is recommended. This instruction in technical subjects may be accomplished through media such as classroom, occupational or industry courses, electronic media, or other instruction approved by the Department. Related and supplemental instruction may be provided in person or via electronic media.

(1) The Sponsor shall provide the following information to be granted approval for the use of electronic media:

(AA) The rationale for implementing the electronic media;

(BB) The type(s) and availability of electronic media to be utilized; and

(CC) A list of the courses, description, and the number of hours required to complete each course being delivered by electronic media.

(2) Every apprenticeship instructor must:

(AA) Meet the Rhode Island Department of Education's requirements for a vocational-technical instructor in Rhode Island 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; and

(BB) 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.

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 and State Labor Standards Acts, where applicable, unless a higher wage is required by other applicable Federal law, State law, respective regulations, or by Collective Bargaining Agreement;

f. A provision for probationary period reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of apprenticeship; the probationary period cannot exceed twenty-five (25) percent of the length of the program, or one (1) year, whichever is greater;

g. Authority for the cancellation of an Apprenticeship Agreement during the probationary period by either party without stated cause; cancellation during the probationary period will not have an adverse impact on the sponsor's completion rate;

h. A provision that after the probationary period, the Council shall be empowered to terminate an Apprenticeship Agreement upon agreement of the parties thereto; or for good cause on the Council's own motion after giving all parties notice and opportunity to be heard;

i. Adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction;

j. Provision for the numeric ratio of apprentices to Journeymen consistent with proper supervision, training, safety, and reasonable continuity of employment, and applicable provisions in collective bargaining agreements. The ratio language shall be specific and clear as to application in terms of jobsite, work force, department, or plant. The initial ratio of apprentice to journeymen is 1-1 and the remaining ratios are set forth in § 5.17 of this Part and made a part herein and is applicable to all participating employers in each apprenticeable trade, craft, or occupation;

k. The transfer of an apprentice between apprenticeship programs and within an apprenticeship program must be based on agreement between the apprentice and the affected Apprenticeship Committees or program Sponsors, and must comply with the following requirements:

(1) The transferring apprentice must be provided a transcript of related instruction and on-the-job learning by the committee or Sponsor;

(2) Transfer must be to the same occupation;

(3) A new Apprenticeship Agreement must be executed when the transfer occurs between program Sponsors;

(4) The apprentice conforms to the work process contained in the new apprenticeship agreement.

l. Provision for minimum qualifications required by a Sponsor for persons entering the Apprenticeship Program; an apprentice may be sixteen (16) years of age or older, unless a higher minimum age is fixed by law;

m. The granting of advanced standing or credit for demonstrated competency, acquired experience, training, or skills for all applicants equally, with commensurate wages for any progression step so granted;

n. A provision that the employer shall instruct the apprentice in safe and healthy work practices and shall ensure that the apprentice is trained in facilities and other environments that are in compliance with either the occupational safety and health standards promulgated by the Secretary under materials incorporated above at § 5.2(J) of this Part, or State standards that have been found to be at least as effective as the Federal 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 program as part of this agreement;

p. A provision for periodic evaluation review of the apprentice's progress in job performance and related instruction, and the maintenance of appropriate progress records;

q. A provision of recognition for successful completion of apprenticeship, evidenced by an appropriate certificate;

r. Identification of the Department;

s. A statement that the regular work day or work week for apprentices shall not be greater than those of the Journeymen;

t. Provision for the registration, cancellation, and deregistration of the program, and requirement for the prompt submission of any modification or revision thereto;

u. Provision for registration of apprenticeship Agreements and Revisions, notice to the Department of persons who have successfully completed apprenticeship programs, and notice of transfers, terminations and suspensions of Apprenticeship Agreements and causes therefore;

v. A statement of how the Committee is to be organized and a statement of the functions of the committee are required if the Sponsor is a joint Apprenticeship Committee;

w. Compliance with materials incorporated above at § 5.2(F) of this Part, including the equal opportunity pledge prescribed in materials incorporated above at § 5.2(G) of this Part; an affirmative action plan complying with materials incorporated above at § 5.2(H) of this Part; and a method for the selection of apprentices authorized by materials incorporated above at § 5.2(I) of this Part, or compliance with parallel requirements contained in a State plan for equal opportunity in apprenticeship adopted under materials incorporated above at § 5.2(F) of this Part and approved by the Department. The apprenticeship standards must also include a statement that the program will be conducted, operated, and administered in conformity with applicable provisions of materials incorporated above at § 5.2(F) of this Part, or, if applicable, an approved State plan for equal opportunity in apprenticeship;

x. Name, address, telephone number, and email address, if applicable, of the appropriate authority under the program to receive, process, and make disposition of complaints;

y. Provision for a participating employer's agreement;

z. All apprenticeship standards must contain articles to comply with Federal laws, regulations and rules pertaining to apprenticeship;

aa. Assurance of qualified training personnel and adequate supervision on the job by a minimum number of journeypersons;

bb. Program standards that utilize the competency-based or hybrid approach for progression through an apprenticeship and that choose to issue interim credentials must:

(1) clearly identify the interim credentials,

(2) demonstrate how these credentials link to the components of the apprenticeable occupation, and

(3) establish the process for assessing an individual apprentice's demonstration of competency associated with the particular interim credential.

(4) Further, interim credentials must only be issued for recognized components of an apprenticeable occupation, thereby linking interim credentials specifically to the knowledge, skills, and abilities associated with those components of the apprenticeable occupation.

cc. Recording and maintenance of all records concerning apprenticeship as may be required by the Office of Apprenticeship or the Department and other applicable law.

260 R.I. Code R. 260-RICR-30-15-5.6