V.I. Code tit. 24, § 228 (2019)
2019 US Virgin Islands Code|Title 24 - Labor|Chapter 10 - Apprenticeship Standards|§ 228. Functions and duties of the Council

 (a) The State Apprenticeship Council, at the direction of the Department of Labor, shall assist in the development of procedures and policies for the promotion of apprenticeship in the Virgin Islands, and to that end it shall seek the advice of employers, employees and such other groups, both public and private, as it may deem advisable. The State Apprenticeship Council shall provide advice and guidance to the Department of Labor in the establishment of standards of apprenticeship in trades and apprenticeable occupations suitable to the economy and conditions in the Islands, and shall develop such programs and agreements as may be necessary to carry out the intent and purpose of this chapter. The standards developed by the Council for registration of apprenticeship programs must at a minimum require apprentice programs to have an organized, written plan or program standards, embodying the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation, as defined in section 230(a)(6), and subscribed to by a sponsor who has undertaken to carry out the apprentice training program. The program standards developed by the Council must contain provisions that address: (1) The employment and training of the apprentice in a skilled occupation; (2) 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, known as “the time-based approach”, the attainment of competency, known as “the competency-based approach”, or a blend of the time-based and competency-based approaches, known as “the hybrid approach”; (3) 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 amount of time to be spent in each major process; (4) Provision for organized, related instruction in technical subjects related to the occupation and the qualifications of apprenticeship instructors; (5) A progressively increasing schedule of wages to be paid to the apprentice consistent with the skill acquired, with the entry wage not less than the minimum wage prescribed by the Fair Labor Standards Act, where applicable, unless a higher wage is required by other applicable federal law, Virgin Islands law, respective regulations, or by collective bargaining agreement; (6) Periodic review and evaluation of the apprentice's performance on the job and in related instruction; and the maintenance of appropriate progress records; (7) A numeric ratio of apprentices to journey workers consistent with proper supervision, training, safety, and continuity of employment, and applicable provisions in collective bargaining agreements, if not prohibited; (8) A probationary period reasonable in relation to the full apprenticeship term, not exceeding 25 percent of the length of the program, or one year, whichever is shorter, with full credit given for such period toward completion of apprenticeship; (9) Adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction; (10) The minimum qualifications required by a sponsor for persons entering the apprenticeship program, with an eligible starting age not less than 16 years; (11) The placement of an apprentice under a written Apprenticeship Agreement that meets the requirements of this chapter and incorporates the standards of the program as part of the agreement; (12) Assurance of qualified training personnel and adequate supervision on the job; (13) Recognition for successful completion of apprenticeship, as evidenced by an appropriate certificate issued by the State Apprenticeship Agency; (14) Provision for the registration, cancellation and deregistration of the program; and for the prompt submission of any program standard modification or amendment to the State Apprenticeship Agency for approval; (15) Provision for registration of apprenticeship agreements, modifications, and amendments; notice to the State Apprenticeship Agency of persons who have successfully completed apprenticeship programs; and notice of transfers, suspensions, and cancellations of apprenticeship agreements and a statement of the reasons their cancellation. (16) 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; (17) Compliance with 29 CFR part 30, including the equal opportunity pledge prescribed in 29 CFR 30.3(b); an affirmative action plan complying with 29 CFR 30.4; and a method for the selection of apprentices authorized by 29 CFR 30.5; and (18) All other provisions required for Federal Purposes and for purposes of this chapter. (b) The State Apprenticeship Council shall coordinate its functions or activities for the purposes of this chapter, with other governmental agencies, officials and organizations in any manner connected with apprenticeship in the Virgin Islands; but agencies, officials and organizations are hereby empowered and obliged to coordinate functions and activities for the apprenticeship program. (c) [Deleted]. (d) [Deleted]. (e) [Deleted]. (f) [Deleted]. (g) [Deleted]. (h) The Council shall give policy guidance to the Apprenticeship Division in the performance of its functions under the provisions of this chapter, and hear and decide upon any apprenticeship or case brought to it for consideration. The Council shall report annually to the Governor on its progress and accomplishments. (i) [Deleted].