Arkansas Administrative Code › Agency 003 - DEPARTMENT OF COMMERCE › Division 18 - Office of Skills Development › Rule 003.18.19-001 - Rules and Regulations for Arkansas Registered Apprenticeship Programs

Current through Register Vol. 49, No. 6, June, 2024
EXECUTIVE SUMMARY
Pursuant to Act 684 of 1989; Acts 546, 553, and 10 of
				1991; and as amended by Act 830 of 1993, Act 140 of 2015, Act 1122 of 2015, and
				Act 369 of 2019
A. Objectives
			 of Apprenticeship Training: The objectives of apprenticeship training are to
			 (1) help fill the country's industrial, commercial, and private sector needs
			 for qualified, skilled craft persons; (2) teach and develop good work habits;
			 (3) assure that skills are passed from one generation to the next; (4) provide
			 a concurrent and or alternative to other educational programs for those high
			 school graduates who want to enter the trade or technical fields; and (5) offer
			 a training program in which an individual earns while learning.
B. General: Apprenticeship training is a
			 method of training an individual in a skilled occupation through a combination
			 of on-the-job training and related classroom instruction. Both on-the-job
			 training and related classroom instruction are required to produce a skilled
			 worker. Apprenticeship develops a most valuable asset -development of a skilled
			 and knowledgeable workforce in which the people have made an investment through
			 the educational system. Less tax support is required for apprentice training
			 programs because of the contributions of segments of the industry employing the
			 apprentices. Because the apprentices are working students, they are taxpayers.
			 In many cases apprentices contribute more money to the tax system than the cost
			 to the system of their education. The self-sufficient apprentice working toward
			 greater employability makes a better citizen. The public is assured of a higher
			 quality of workmanship in the products they use or consume. The apprentices are
			 potential business and community leaders of the future as well as stable
			 workers and citizens.
C.
			 Eligibility for Apprenticeship: Applicants must be citizens of the United
			 States or legally qualified to work if they are not citizens. There can be no
			 discrimination among qualified applicants because of race, creed, color, sex or
			 national origin. Minimum age and education requirements are established by the
			 individual training committees. Normally the minimum age will vary from 16 to
			 18. In most cases a high school education is required. Usually the required
			 education equivalency may be established through the General Education
			 Development Certificate. Various other qualifications are established by each
			 training committee to meet the needs of its particular craft. Under no
			 circumstances will the apprenticeship system discourage any person from
			 completing a high school education in order to enter an apprenticeship
			 program.
D. The Apprenticeship
			 Committee: Apprenticeship training programs are normally conducted by a sponsor
			 or sponsors through a training committee. These committees also are known as
			 Local Apprenticeship Committees. If there is more than one sponsor, each is
			 represented equally on the committee. If management and labor co-sponsor a
			 program, each is equally represented and the committee is called a Joint
			 Training Committee or Joint Apprenticeship Committee. The apprenticeship
			 committee is an autonomous local group which provides for the orderly operation
			 of the apprentice training program for a particular craft or technical area.
			 Each trade or craft will have its own committee.
E. Instructors: Related classroom instructors
			 are selected/recommended to the local education agency by the training
			 committee. Instructors should have a high school education or establish,
			 through a general education development test, that they have the equivalent of
			 such education. Five years of experience may be required in the appropriate
			 trade or technical area with at least two of these years as a journeyman. The
			 instructors are encouraged to continue their own education through available
			 means. For teaching such subjects as craft-related mathematics and blueprint
			 reading, persons other than the journeyman are considered; teachers with the
			 ability to relate subject matter to job conditions may be used for these
			 subjects with the approval of the local education agency.
F. Monitoring and Evaluation: After
			 establishing a program, one of the prime concerns of the committee is the
			 monitoring and evaluation of the training. This is a responsibility of the
			 Local Apprenticeship Committee, U.S. Department of Labor, Office of
			 Apprenticeship (USDOL/OA), and the State Apprenticeship Office (SAO) of the
			 Arkansas Department of Commerce, Office of Skills Development, through which
			 funds are provided. It provides a means of determining the effectiveness of the
			 instructors and of the training program. Monitoring of classes begins
			 immediately where new instructors are involved. This is advantageous to the
			 Local Apprenticeship Committee in determining where deficiencies may exist. To
			 determine whether or not the training program is accomplishing its purpose, the
			 Local Apprenticeship Committee relies on employee reports and testing of
			 students in the classroom. Changes are incorporated where needed. Evaluations
			 are made less often in older programs or those with experienced instructors.
			 The requirements will vary among trades and technical committees, with each
			 committee determining its own needs.
G. Funding: Act 10 of 1991 allows eligible
			 recipients (program sponsors) to submit applications for funds to improve
			 apprenticeship related classroom instruction. All application amounts will be
			 developed on the basis of the current contact hour rate not to exceed a maximum
			 contact hour rate established by the Arkansas Apprenticeship Coordination
			 Steering Committee (AACSC). Depending on the number of programs, the current
			 contact hour rate of funding may be less than the maximum rate established. The
			 AACSC in consultation with the State Apprenticeship Office, the Department of
			 Commerce, Office of Skills Development, shall establish the current contact
			 hour rates. Normally, programs will be funded up to a maximum of 160 hours of
			 instruction per instructor.
Pursuant to Act 684 of 1989, a public school district and a
				state postsecondary/higher education institution may receive an administrative
				fee to cover the costs of processing the records of the apprentice which shall
				not exceed $25 per apprentice per school year. No more than 15% of the state
				funds may be used by the program sponsor for administrative purposes such as
				supervisory and/or secretarial salaries, travel, office supplies, etc. The
				AACSC may require an independent audit (to be paid for by the program) of any
				program.
H. Application:
			 Every application must address each of the requirements of the application. The
			 State Apprenticeship Office reserves the right to reject any and all
			 applications that address only part of the requirements contained in the
			 application. It should be clearly understood that an approved application will
			 not necessarily receive the requested amount if a lesser amount is determined
			 to be appropriate.
One application with original signatures must be submitted.
				Applications sent by mail should be addressed to:
State Apprenticeship Office
Arkansas Department of Commerce, Office of Skills
				Development
#3 Capitol Mall
Little Rock, AR 72201-1083
Hand delivered applications will be accepted at the above
				address daily between 8 a.m. and 4 p.m., except Saturdays, Sundays, and
				holidays. In establishing the time and date of receipt, the State
				Apprenticeship Office will rely solely on the date stamp of the State
				Apprenticeship Office, Arkansas Department of Commerce, Office of Skills
				Development.
I. Program
			 Starting and Ending Dates: The local program sponsor may determine the need for
			 providing apprenticeship programs at various times during the year. Therefore
			 an application may be submitted at any time. However, the application will be
			 reviewed and approved/disapproved at selected times. Due to the limits on
			 program improvement funds and the need to use these funds efficiently, the
			 AACSC will establish deadline dates each year.
J. Registered Apprentices and Programs: All
			 apprentices and apprenticeship programs must be registered with the USDOL/OA.
			 Requests for appeals to the approval and/or funding process should be addressed
			 to:
Director
Department of Commerce, Office of Skills Development
#3 Capitol Mall
Little Rock, AR 72201-1083
Telephone: 501-682-1500
K. Inquiries: Inquiries concerning the
			 apprenticeship programs, improvements funds, services, and activities should be
			 directed to the SAO, telephone 501-682-1360 or FAX 501-682-1355.
SECTION I.
AUTHORITY
The following rules and regulations are duly adopted and
				promulgated by the Career Education and Workforce Development Board pursuant to
				the authority expressly conferred by the laws of the State of Arkansas in Act
				684 of 1989, and Acts 546, 553, and 10 of 1991 and as amended by Act 830 of
				1993, Act 140 of 2015, Act 1122 of 2015, and Act 369 of 2019. The Career
				Education and Workforce Development Board may exercise such powers as are
				necessary to carry out the provisions of these Acts and the associated rules
				and regulations.
SECTION
			 II.
DEFINITIONS
APPRENTICE:
An APPRENTICE is an individual
				enrolled in an apprenticeship training program that is registered by the
				USDOL/OA, working at their chosen occupation, who has a signed indenture
				agreement on file with OA and, when working in an occupation where a license is
				required, has been issued such a license.
APPRENTICE COORDINATOR:
An APPRENTICE COORDINATOR
				is the person designated by the program sponsor to be the primary contact
				person for the program and to coordinate the program.
APPRENTICESHIP TRAINING PROGRAM:
An APPRENTICESHIP
				TRAINING PROGRAM is a training program that provides on-the-job training,
				preparatory instruction, supplementary instruction, or related instruction in a
				trade that has been registered/certified as an apprenticeable occupation by the
				USDOL/OA.
ARKANSAS APPRENTICESHIP COORDINATION STEERING COMMITTEE
				(AACSC):
The AACSC is a committee appointed by the Governor of the State
				of Arkansas who represent bargaining agents, employers, minorities and female
				workforce, the general public, and educators whose purpose is to oversee the
				operation and funding of apprentice training programs in the State of
				Arkansas.
APPRENTICEABLE OCCUPATION:
An APPRENTICEABLE
				OCCUPATION is an occupation recognized by the USDOL/OA and throughout an
				industry as a skilled occupation learned through structured on-the-job training
				requiring at least 2,000 hours of per year supplemented by related instruction
				requiring at least 144 hours per year or as approved by USDOL/OA.
APPRENTICESHIP:
APPRENTICESHIP is a learning
				approach that enables an individual to become a qualified professional in a
				skilled occupation. This training consists of on-the-job training with job
				related (off-the-job) instruction.
APPRENTICESHIP STANDARDS:
APPRENTICESHIP STANDARDS
				are the rules and regulations that the sponsor registers with the USDOL/OA that
				describes the way in which an apprenticeship training program will be
				conducted.
OA:
OA stands for the Office of Apprenticeship of
				the United States Department of Labor.
CONTACT HOUR:
A CONTACT HOUR is a block of contact
				time of 60 minutes during which an apprentice receives instruction in a
				supervised classroom or laboratory environment. State funding can be requested
				in 15 minute increments
INDENTURE AGREEMENT:
An INDENTURE AGREEMENT is a
				signed agreement between the apprentice and the sponsoring entity, person or
				firm. This agreement includes the basic standard rules and regulations of the
				particular program and are registered (filed) with the USDOL/OA.
JOURNEYMAN:
A JOURNEYMAN is an individual who has
				(if required) completed an apprenticeship training program and been released
				from their indenture agreement, has been recognized by their peers as having
				attained journeyman status, has by examination or other proof of competence
				demonstrated their ability to perform work as a journeyman, or when working in
				an occupation requiring a journeyman license has been issued such a
				license.
LOCAL EDUCATION AGENCY (LEA):
The LEA is a public
				community college, technical college, secondary or post-secondary
				vocational-technical school, technical institute, university, life-long
				learning center, adult education center, area vocational center, or a public
				school system that has an assigned "LEA Number" recognized or accepted by the
				Arkansas Department of Education and the Department of Commerce, Office of
				Skills Development.
ON-THE-JOB TRAINING (OJT):
Each apprentice must
				receive on-the-job training and related instruction concurrently. On-the- job
				training is defined as work performed at a job or work site that relates to the
				classroom training received by the apprentice or trainee. This training should
				reinforce the theoretical or classroom skills gained in the classroom and
				requires proper and direct supervision at all times.
PREPARATORY INSTRUCTION:
PREPARATORY INSTRUCTION
				is a course of instruction lasting six months or less that teaches the basic
				skills required for an individual to enter the workforce.
PROGRAM SPONSOR:
The PROGRAM SPONSOR is any person
				or organization operating a registered apprenticeship program. The person or
				organization may be either an employer or a representative of the
				apprentice.
RELATED INSTRUCTION:
RELATED INSTRUCTION is
				organized, off-the-job instruction in subjects required for the completion of
				an apprenticeship program for a particular apprenticeable occupation. The
				instruction is designed to enhance both theoretical and applied skills. The
				related instruction is documented by appropriate written and/or performance
				tests.
SUPERVISION:
The on-the-job training must be under
				the supervision of a journeyman or master.
SUPPLEMENTARY INSTRUCTION:
SUPPLEMENTARY
				INSTRUCTION is a course of instruction that is designed to provide new skills
				or upgrade the current skills of fully qualified person in an apprentice
				occupation.
SECTION Ill.
QUALIFICATIONS
A.
APPRENTICE
1. The Local
			 Apprenticeship Committee must adhere to the USDOL/OA Standards of
			 Apprenticeship in the selection of apprentices.