Section DWD 296.12 - Recordkeeping(1) OBLIGATIONS OF SPONSORS. A sponsor shall collect data and maintain adequate records necessary for the department to determine if a sponsor is complying with the requirements of this chapter. At a minimum, records shall include all of the following: (a) Selection for apprenticeship, including applications, tests and test results, interview notes, the bases for selection or rejection, and any other records required to be maintained under UGESP.(b) The invitation to self-identify as an individual with a disability provided to applicants and apprentices under s. DWD 296.11.(c) Information relating to the operation of the registered apprenticeship program, including job assignments in all components of the occupation, promotion, demotion, transfer, layoff, termination, rates of pay or other forms or compensation, conditions of work, hours of work, hours of training provided, and any other personnel records relevant to complaints filed with the department under s. DWD 296.14 or filed with other enforcement agencies.(d) Proof of compliance with the requirements under s. DWD 296.03.(e) Requests for reasonable accommodations.(f) Any other records pertinent to a determination of compliance with this chapter.(2) SPONSOR IDENTIFICATION OF RECORD. For each record maintained under this chapter, a sponsor shall be able to identify the race, sex, ethnicity, and, when known, the disability status of each apprentice. Where possible, a sponsor shall be able to identify the race, sex, ethnicity, and disability status of each applicant to apprenticeship. A sponsor shall supply the information to the department upon request.(3) AFFIRMATIVE ACTION PROGRAMS. A sponsor required under s. DWD 296.04 to develop and maintain an affirmative action program shall retain both the written affirmative action plan under s. DWD 296.04(3) and documentation of its component elements under ss. DWD 296.05 to 296.09 and 296.11.(4) MAINTENANCE OF RECORDS. All records required under this chapter, and any other information relevant to compliance with this chapter, shall be maintained for 5 years from the date of making the record or the date of the personnel action involved, whichever occurs later, and shall be made available as requested by the department or other authorized representative in a form determined by the department, as necessary to determine compliance. Failure to maintain records under this chapter constitutes noncompliance.(5) CONFIDENTIALITY AND USE OF MEDICAL INFORMATION. Any information obtained under this chapter regarding the medical condition or history of an applicant or apprentice shall be collected and maintained on separate forms and in separate medical files and treated as a confidential medical record, except when any of the following apply:(a) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the applicant or apprentice and necessary accommodations.(b) First aid and safety personnel may be informed if the disability might require emergency treatment.(c) Government officials engaged in enforcement of this chapter, of the laws administered by the U.S. department of labor's office of federal contract compliance programs, or of the ADA, shall be provided relevant information on request.(6) ACCESS TO RECORDS. A sponsor shall allow the department access, during normal business hours, to its places of business for the purpose of conducting on-site EEO compliance reviews, complaint investigations, and inspecting and copying books, accounts, and records, including electronic records, and any other material the department deems relevant to the matter under investigation and pertinent to compliance with this chapter. A sponsor shall also provide the department access to these materials, including electronic records, off-site for purposes of conducting EEO compliance reviews and complaint investigations. A sponsor shall provide the department information about all formats, including specific electronic formats, in which the records and other information are available.Wis. Admin. Code Department of Workforce Development DWD 296.12
Cr. Register, August, 1972, No. 200, eff. 9-1-72; am. Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.22, Register, April, 1981, No. 304, eff. 5-1-81.Adopted by, CR 19-003: cr. Register September 2019 No. 765, eff. 10-1-19; correction in (2) to (4), (5) (intro.), (6) made under s. 35.17, Stats., Register September 2019 No. 765, eff. 10/1/2019