Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 3 - Apprenticeship Standards › Section 787 KAR 3:010 - Registration of apprenticeship programs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 343
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				151B.020(6) requires the
				secretary of the Education and Workforce Development Cabinet to promulgate
				administrative regulations that are necessary to implement programs mandated by
				federal law, or to qualify for the receipt of federal funds, and that are
				necessary to cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs. Executive Order 2018-586
				transitioned the apprenticeship program from the Labor Cabinet to the Education
				and Workforce Development Cabinet. This administrative regulation establishes
				standards required by 29 C.F.R. parts 29 and 30 to safeguard the welfare of
				apprentices, promote apprenticeship opportunities, and to extend the
				application of those standards by prescribing policies and procedures
				concerning the registration of acceptable apprenticeship programs with the
				Office of Employer and Apprenticeship Services. These standards cover the
				registration, programmatic review, cancellation, and deregistration of
				apprenticeship programs and of apprenticeship agreements.
Section 1. Definitions.
(1) "Apprentice" is defined by
			 KRS
			 343.010(1).
(2) "Apprenticeship agreement" is defined by
			 KRS
			 343.010(2).
(3) "Apprenticeship program" is defined by
			 KRS
			 343.010(7).
(4) "Commissioner" means the Commissioner of
			 the Department of Workforce Investment.
(5) "Council" means the Kentucky
			 Apprenticeship Council.
(6)
			 "Employer" is defined by
			 KRS
			 343.010(10).
(7) "Joint apprenticeship committee" means a
			 committee, composed of an equal number of representatives of employers and
			 employees, which has been established by an employer or group of employers and
			 a bona fide collective bargaining agent or agents to conduct, operate, or
			 administer an apprenticeship program and enter into apprenticeship agreements
			 with apprentices selected for employment under the particular
			 program.
(8) "Journeyworker" means
			 a worker who has attained a level of skill, abilities, and competencies
			 recognized within an industry as necessary to master the skills and
			 competencies required for the occupation. It also refers to a mentor,
			 technician, specialist, or other skilled worker who has documented sufficient
			 skills and knowledge of an occupation, either through formal apprenticeship or
			 through practical on-the-job experience and formal training.
(9) "Nonjoint apprenticeship program sponsor"
			 means an apprenticeship program sponsor in which a bona fide collective
			 bargaining agent does not participate, such as:
(a) An individual nonjoint sponsor, which is
			 an apprenticeship program sponsored by one (1) employer without the
			 participation of a union; and
(b) A
			 group nonjoint sponsor, which is an apprenticeship program sponsored by two (2)
			 or more employers without the participation of a union.
(10) "Office of Apprenticeship" means the
			 Office of Apprenticeship within the United States Department of
			 Labor.
(11) "Provisional
			 registration" means the one (1) year initial provisional approval of newly
			 registered programs that meet the required standards for program registration,
			 after which program approval shall be:
(a)
			 Made permanent;
(b) Continued as
			 provisional; or
(c) Rescinded
			 following a review by the registration agency.
(12) "Registration agency" means the
			 Education and Workforce Development Cabinet, Department of Workforce
			 Investment, and its office or division charged with determining whether a
			 program may be registered with the Kentucky Apprenticeships Program.
(13) "Registration of an apprenticeship
			 program" means the acceptance and recording of the program, which confirms that
			 the program meets the basic standards and requirements for approval as
			 indicated by written evidence.
(14)
			 "Related instruction" is defined by
			 KRS
			 343.010(11).
(15) "Sponsor" is defined by
			 KRS
			 343.010(9).
(16) "State apprenticeship agency" means the
			 Education and Workforce Development Cabinet, Department of Workforce Investment
			 and its office or division charged with the responsibility and accountability
			 for apprenticeship within the Commonwealth of Kentucky.
(17) "Supervisor" is defined by
			 KRS
			 343.010(5).
(18) "Technical assistance" means guidance
			 provided by registration agency staff in the development, revision, amendment,
			 or processing of a potential or current program sponsor's standards of
			 apprenticeship or apprenticeship agreements, or advice or consultation with a
			 program sponsor to further compliance with this administrative regulation or
			 guidance from the Office of Apprenticeship to a state apprenticeship agency on
			 how to remedy nonconformity with this administrative regulation.
(19) "Transfer" means a shift of
			 apprenticeship registration from one (1) program to another or from one (1)
			 employer within a program to another employer within that same program, if
			 there is agreement between the apprentice and the affected joint apprenticeship
			 committees or nonjoint apprenticeship program sponsors.