Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 30 - APPRENTICESHIP PROGRAMS › Section 12-30-6 - Standards of apprenticeship

Current through June,
			 2024
An 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.