Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.4 - Apprenticeship Standards › Rule 24.21.411 - MINIMUM GUIDELINES FOR REGISTRATION OF PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) Programs submitted for approval and/or
				registration by the apprenticeship and training program (registration agency),
				Department of Labor and Industry, must contain the following:
(a) Provision that the starting age of an
				apprentice may not be less than 16.
(b) Statement of basic qualifications for
				apprenticeship: specific and applying equally to all applicants.
(c) Provision for compliance with 29 CFR part
				30, which includes the Montana state plan for equal employment opportunity in
				apprenticeship.
(d) Provision that
				the term of apprenticeship is consistent with industry practice, but in no case
				less than 2,000 hours of reasonably continuous employment, which must include
				supplementary instruction except as otherwise provided by Montana state
				law.
(e) A schedule of work
				processes in which the apprentice will receive work experience and training on
				the job, and the allocation of the approximate amount of time to be spent in
				each major process or division of the trade.
(f) Provision for proper supervision of
				on-the-job training.
(g) A
				progressively increasing schedule of wages for apprentices. The entry wage must
				equal or exceed the Montana Minimum Wage Law or Fair Labor Standards Act
				minimum where applicable.
(h)
				Provision for the payment of wages that are consistent with the requirements of
				39-6-108,
				MCA, if the apprenticeship is in a building construction occupation.
(i) Provision for organized related and
				supplemental instruction. This may include supervised correspondence or
				self-study courses as approved by state law. A minimum of 144 hours each year
				of apprenticeship is recommended.
(j) A statement of the ratio of apprentices
				to journeymen. The registration agency will continue to honor and recognize
				ratio provisions as established in existing labor/management bargaining
				agreements or as established by an industry practice. The registration agency
				may waive ratio standards for apprenticeship sponsors who can demonstrate the
				need for a waiver due to labor shortages or other reasons deemed sufficient by
				the registration agency.
(k)
				Provision for periodic evaluation of the apprentice's progress, both in job
				performance and related instruction; and the maintenance of appropriate
				progress records.
(l) Provision for
				evaluation of and granting credit for previous experience.
(m) Provision for safety training for
				apprentices, both on the job and in related instruction.
(n) Provision that apprentices will be under
				a written agreement with their employer, or with an employers association, or a
				joint apprenticeship committee pursuant to state apprenticeship laws and
				regulations.
(o) Identification of
				the registration agency by whom apprentices, apprenticeship programs and
				subsequent amendments thereto will be approved and recorded.
(p) Provisions for notifying the registration
				agency of all actions affecting apprenticeship, such as new hires, completions,
				suspensions, and cancellations.
(q)
				Provision for employer-employee cooperation where a bargaining agreement
				exists, except where no participation has been evidenced or practiced by the
				bargaining agent. Where there is employer and employee participation it may be
				demonstrated by one or more of the following:
(i) Appropriate provisions in the bargaining
				agreement.
(ii) Signature to the
				standards.
(iii) Letter from each
				indicating agreement to the programs.
(iv) Establishment of a joint apprenticeship
				committee.
(r) Provision
				for recognition of successful completion. Recognition is acknowledged by a
				Certificate of Completion of Apprenticeship.
(s) Provision addressing the sponsor's
				responsibility to the apprentice and the public regarding safety, training
				quality and ensuring acceptable practices performed by the
				apprentice.