reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-507 - Occupations in Connection with Mining

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Mining Occupations
-all work
				  performed:
a. underground in mines and
				quarries;
b. on the surface at
				underground mines and underground quarries;
c. in or about open-cut mines, open quarries,
				clay pits, and sand and gravel operations;
d. at or about placer mining
				operations;
e. at or about
				operations dredging for clay, sand or gravel;
f. at or about bore-hole mining
				operations;
g. in or about all
				metal mills, washer plants, or grinding mills which reduce bulk of extracted
				minerals; or
h. at or about any
				crushing, grinding, screening, sizing, washing, or cleansing operations
				performed upon extracted minerals, except when such operations are performed as
				part of a manufacturing process outside of area of the mine or
				quarry.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-509 - Logging and Sawmill Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Definitions
Occupations in Logging
-all work performed
				  in connection with felling timber, bucking or converting timber into logs,
				  poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood,
				  fenceposts, or similar products; collecting, skidding, yarding, loading,
				  transporting, and unloading such products in connection with logging; and other
				  work performed in connection with logging that is declared to be hazardous by
				  the assistant secretary of labor.
Occupations in Sawmilling
-all work
				  performed in connection with the operation of any sawmill, lath mill, shingle
				  mill, or cooperage-stock mill, or in or about any such mill in connection with
				  storing logs and bolts; converting logs or bolts into sawn lumber, laths,
				  shingles, or cooperage-stock, or other products of such mills; or any other
				  work performed in connection with operating any sawmill, lath mill, shingle
				  mill, or cooperage mill.
B.
				Prohibited Occupations. All occupations in logging and all occupations in
				operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill are
				prohibited.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:161.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-511 - Power Driven Woodworking Machine Occupations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Off-Bearing
-removal of material or refuse
				  directly from a saw table or from the point of operation.
Power-Driven Woodworking Machines
-all fixed
				  or portable machines or tools driven by mechanical or electrical power, and are
				  used or designed for cutting, shaping, forming, nailing, stapling,
				  wire-stitching, fastening, or otherwise assembling, pressing, or printing wood
				  veneer, or other products.
B. Prohibited Occupations. The following
				occupations involved in operation of power-driven woodworking machines are
				prohibited:
1. supervising or controlling
				operation of any woodworking machines;
2. feeding materials into any woodworking
				machine;
3. helping to feed
				materials into any woodworking machine;
4. setting up and adjusting, repairing,
				oiling, or cleaning power-driven woodworking machines;
5. any off-bearing occupations such as
				removing materials from circular saws and guillotine-action veneer
				clippers.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-513 - Occupations Which Involve Operations of Power-Driven Circular Saws, Band Saws, and Guillotine Shears

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Definitions
Band Saw
-a machine which is equipped with
				  an endless steel band which has a continuous series of notches or teeth on one
				  edge. The band runs over wheels or pulleys, and is used to saw material.
Circular Saw
-a machine which is equipped
				  with a thin steel disc which has a continuous series of notches or teeth on the
				  peripheral edge, mounted on a shaft, and used for sawing materials.
Guillotine Shears
-a machine which is
				  equipped with a movable cutting blade and is operated vertically to shear
				  material.
Helper
-any person who assists in operation
				  of a machine by helping to place materials into or remove materials from the
				  machine.
Machine Equipped with
Full
				  Automatic Feed and Ejection
-any machine which is equipped with devices
				  which automatically feed and eject materials, and has a fixed barrier guard to
				  prevent completely an operator or helper from placing any part of his body in
				  the point of operation.
Operator
-any person who operates a machine
				  by performing the functions of starting or stopping the machine, placing
				  materials into or removing materials from the machine, or any other function
				  directly associated with operation of the machine.
B. Prohibited Occupations. Minors are
				prohibited from working in all occupations which involve operations of
				power-driven circular saws, band saws, and guillotine shears except in the
				operation of machines equipped with full automatic feed and ejection.
C. Exemptions. Registered apprentices and
				registered student-learners are exempt from prohibitions which apply to
				power-driven circular saws, band saws, and guillotine shears.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:161.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-515 - Power-Driven Metal-Forming, Rolling, Punching, and Shearing Machine Occupations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Definitions
Forming, Rolling, Punching, and Shearing
				  Machines
-power-driven metal-working machines which change the shape of
				  or cut metals by means of tools, such as dies, rolls, or knives which are
				  mounted on rams, plungers, or other moving devices.
Helper
-any person who assists in the
				  operation of a machine by helping place materials into or removing materials
				  from the machine.
Operator
-any person who operates a machine
				  by performing such functions as starting or stopping the machine, placing
				  materials into or removing materials from the machine, or any other function
				  which is directly involved in operation of the machine.
B. Prohibited Occupations. Minors are
				prohibited from working in occupations as operator or helper on:
1. all rolling machines, such as beading,
				straightening, corrugating, flanging, or bending rolls; and on hot or cold
				rolling mills;
2. all pressing or
				punching machines, except those which are provided with full automatic feed and
				ejection, and with a fixed barrier guard to prevent the hands or fingers of the
				operator from entering the area between the dies or cutting surfaces;
3. all bending machines, such as apron brakes
				and press brakes;
4. all hammering
				machines, such as drop-hammers and power hammers;
5. all shearing machines, such as guillotine
				or squaring shears, alligator shears and rotary shears;
6. or in setting up, adjusting, repairing,
				oiling, or cleaning any type of machine described in
				§515.
				B 1-5 above, including those with automatic
				feed and ejection.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-517 - Power-Driven Paper-Product Machine Occupations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
O
perating or Assisting to Operate
- all work
				  involved in starting, stopping, loading materials into, and removing materials
				  from a machine or other work directly involved in operating the machine.
P
aper Products Machine
-any
				  power-driven machine used to manufacture or convert paper or pulp into a
				  finished product. The term is understood to apply to such machines whether they
				  are used in establishments that manufacture converted paper pulp products, or
				  in any other type of manufacturing or non-manufacturing establishment.
B. Prohibited Occupations
1. Minors are prohibited from operating or
				assisting to operate any of the following or similar machines: Arm-type
				wirestitcher, stapler, circular or band saw, corner cutter or mitering machine,
				corrugating and single or double facing machine, envelope die-cutting press,
				guillotine paper cutter or shear, horizontal bar scorer, laminating or
				combining machine, sheeting machine, scrap paper baler or vertical slotter,
				platen die-cutting press, platen printing press and punch press which involves
				hand-feeding.
2. Minors are
				prohibited from setting up, adjusting, repairing, oiling, or cleaning above
				machines, including those which do not involve hand-feeding.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-519 - Power Driven Bakery Machine Occupations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prohibited Occupations. Minors are
				prohibited from engaging in the following occupations: operating, assisting to
				operate, or setting up, adjusting, repairing, oiling, or cleaning any
				horizontal dough mixer, batter mixer, bread dividing, rounding, or molding
				machine; dough brake, dough sheeter, combination slicing and wrapping machine;
				cake cutting band saw; setting up or adjusting a cookie or cracker
				machine.
B. Exception. Sixteen or
				17 year old minors are not prohibited from operating pizza dough rollers
				constructed with safeguards contained in the basic design so as to prevent
				fingers, hands, or clothing from being caught in the in-running point of the
				rollers; which have gears that are completely enclosed, and have microswitches
				that disengage the machinery if the backs or sides of the rollers are removed;
				provided that such safegaurds are present on the machine, are operational, and
				cannot be overridden.
C. Exemption.
				Registered apprentices are exempt from all prohibitions affecting occupations
				involving power-driven baking equipment and machines.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:161.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-523 - Wrecking, Demolition, and Shipbreaking Occupations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prohibited Occupations. All work in
				wrecking, demolition, and shipbreaking is prohibited. This includes cleanup and
				salvage work, performed at the site of total or partial razing, demolishing, or
				dismantling a building, tower, bridge, steeple, chimney, or other structure,
				ship, or other vessel.
B.
				Exemptions. Registered apprentices are exempt from prohibitions which apply to
				occupations in wrecking, demolition, and shipbreaking.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:161.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-525 - Brick, Tile and Kindred Products Manufacturing Occupations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prohibited
				Occupations. All work in and about establishments in which clay construction
				products and silica brick are manufactured and in other silica refractories is
				prohibited with the exceptions listed in
				§525.
				B below.
B. Exemptions. Registered apprentices are
				exempt from prohibitions which apply to occupations in manufacture of brick,
				tile and kindred products.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:161.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-527 - Roofing Occupations

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				occupations in roofing operations are prohibited. These include:
1. installation of roofs, including related
				metal work, such as flashing, etc.;
2. alterations, additions, maintenance, and
				repair, including painting and coating existing roofs.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-529 - Excavation Occupations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Prohibited Occupations. The following occupations are prohibited to minors:
1. excavating, working in, or backfilling
				trenches which exceed 4 feet in depth at any point;
2. excavating for buildings or other
				structures, or working in such excavations which exceed 4 feet in depth at any
				point;
3. working within tunnels
				prior to completion of all driving and shoring operations; and
4. working within shafts prior to the
				completion of all sinking and shoring operations.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-531 - Slaughtering, Meat-Packing or Processing, or Rendering Occupations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Boning Occupation
-an occupation which
				  involves removal of bones from meat cuts. It does not include scraping or
				  trimming meat from cuts containing bones.
Curing Cellar
-a workroom or workplace which
				  is primarily devoted to preservation and flavoring meat by curing materials. It
				  does not include an area where meat is smoked.
Hide Cellar
-a workroom or workplace in
				  which hides are graded, trimmed, slated, and otherwise cured.
Killing Floor
-the workroom or workplace in
				  which cattle, hogs, calves, sheep, lambs, goats, or other animals are
				  immobilized, shackled, or killed, and the carcasses are dressed prior to being
				  chilled.
Rendering Plant
-any establishment engaged
				  in conversion of dead animals, animal offal, animal fats, scrap meats, blood,
				  and bones into stock feed, tallow, inedible greases, fertilizer ingredients,
				  and similar products.
Slaughtering and Meat-Packing
				  Establishment
-places in and about which cattle, calves, hogs, sheep,
				  lambs, goats, or other animals are killed, butchered, or processed. Included
				  are establishments which manufacture or process meat products or sausage
				  casings from such animals.
B. Prohibited Occupations. The following
				occupations are prohibited:
1. all
				occupations on the killing floor, in curing cellars, and in hide
				cellars;
2. all occupations
				involved in recovery of lard and oils;
3. all occupations involved in tankage or
				rendering whether or not in a rendering plant, or a slaughter house;
4. all occupations involved in operating,
				setting up, adjusting, oiling, or cleaning any power-driven machine used in a
				slaughtering, meat-packing or processing, or rendering plant;
5. all boning work;
6. all occupations which involve pushing or
				dropping any suspended carcass, half carcass, or quarter carcass;
7. all occupations involving hand carrying
				any carcass or half carcass of beef, pork, or horse, or any quarter carcass of
				beef or horse.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-533 - Occupations Involving Exposure to Radioactive Substances and Ionizing Radiation

Current through Register Vol. 50, No. 6, June 20, 2024
A. All work
				is prohibited in any workroom in which:
1.
				radium is stored or used in the manufacture of self-luminous
				compounds;
2. self-luminous
				compounds are manufactured, processed, or packaged;
3. self-luminous compounds are stored, used,
				or worked on;
4. incandescent
				mantles are made from fabric and solutions containing thorium salts, or where
				these are packaged or stored;
5.
				other radioactive substances are present in the air in average concentrations
				exceeding 10 percent of the maximum permissible concentration in air
				recommended for exposure by the national Committee on Radiation Protection as
				set forth in the 40-hour week column of Table One of the National Bureau of
				Standards, Handbook No. 69, entitled Maximum Permissible Body Burdens and
				Maximum Permissible Concentrations of Radionuclides in Air and Water for
				Occupational Exposure, issued June 5, 1959; or
6. any other work which involves exposure to
				ionizing radiations in excess of 0.5 rem per year.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-535 - Occupations Involving Use of or Contact with Lead or any Other Toxic Substance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				occupation which involves use of or contact with any toxic substance is
				prohibited. Such occupations include spray painting, transporting, or
				physically handling such substance.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:161.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-537 - Welding Occupations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Definitions
Soldering, and Brazing Welding
				  Equipment
-oxygen and acetylene tanks, acetylene torches, assorted tips
				  and soldering and brazing rods used to apply heat to melt the rods and to fuse
				  the pieces to form a permanent bond.
Welding and Cutting Equipment
-oxygen and
				  acetylene tanks, acetylene torches, cutting tips, carbon arc cutting equipment,
				  gouging machines, chipping hammers, wire brushes, power grinders, etc.
Welding Machines
- shielded metal arc
				  welding machines, gas tungsten arc welding machines, flux-cored arc welding
				  machines, gas metal arc welding machines, and similar machines used to apply
				  heat to a welding rod or continuously fed wire and to metal pieces, melting and
				  fusing the pieces to form a permanent bond.
B. Prohibited Occupations. Minors are
				prohibited from working as an operator or helper in the operation of any of the
				above described machines or equipment.
C. Registered apprentices and registered
				student-learners are exempt from the prohibitions which apply to operations in
				welding occupations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:161.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-539 - Registered Apprentices

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				purposes of this Chapter,
registered apprentices
means minors
				participating in job training programs which have been approved and registered
				by the Louisiana Department of Labor, Apprenticeship Division in accordance
				with
				R.S.23:381,
				et seq.
B. Registered apprentices
				are exempt from hazardous occupations prohibitions while participating in job
				training as an indentured apprentice in a registered program.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:161.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-541 - Registered Student Learners

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				purposes of this Chapter,
registered student learners
means
				minor students participating in job training programs approved by and
				administered by the Louisiana Office of Career and Technical Education or the
				Louisiana Community and Technical College System.
B. Registered Student Learners may be exempt
				from hazardous occupation prohibitions concerning the following equipment and
				job tasks, provided that all conditions of Subsection C below are met:
1. power-driven woodworking
				machines;
2. power-driven circular
				saws, band saws, and guillotine shears;
3. power-driven metal-forming, punching and
				shearing machines;
4. power-driven
				paper product machines;
5. roofing
				operations;
6. excavation
				operations;
7. slaughtering,
				meat-packing or processing, or rendering;
8. welding operations.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 1 - Apprenticeship Laws › Section IX-101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Apprentice-
a person at least 16 years of
				  age, who has entered into a written apprenticeship agreement with an employer,
				  an association of employers, or an organization of employees, providing for not
				  less than 2,000 hours of reasonable continuous employment and for participation
				  in an approved program of training through employment and through education in
				  related and supplemental subjects. No local ordinance of any political
				  subdivision of the state shall cause any person identified as an apprentice by
				  such political subdivision to be recognized as an apprentice by the Louisiana
				  Workforce Commission, Apprenticeship Division.
Apprenticeship Program/Program Sponsor
- a
				  program registered with the Louisiana Workforce Commission, Apprenticeship
				  Division meeting the minimum standards of the state apprenticeship law, which
				  has been approved by both the director of apprenticeship and the State
				  Apprenticeship Council.
Commission
- the Louisiana Workforce
				  Commission.
Director-
the director of apprenticeship for
				  the Louisiana Workforce Commission.
Employer
- any person or organization
				  employing an apprentice whether or not the apprentice is enrolled with such
				  person or organization, or with some other person or organization, as an
				  employer.
Executive Director
- the executive head and
				  chief administrative officer of the Louisiana Workforce Commission, or any
				  person specifically designated by the executive director.
Louisiana Workforce Commission, Apprenticeship
				  Division-
the division within Louisiana state government that is
				  recognized by the Office of Apprenticeship, United States Department of Labor
				  as the official state apprenticeship agency of record for registration of
				  apprenticeship programs for federal purposes.
Sponsor
- any person or organization
				  operating a state apprenticeship program, irrespective of whether such person
				  or organization is an employer as a sponsor.
State Apprenticeship Council (SAC)
- the
				  Louisiana State Apprenticeship Council, serving as the advisory board to the
				  Louisiana Workforce Commission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:381-391.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 1 - Apprenticeship Laws › Section IX-103 - Purpose of the Louisiana Apprenticeship System

Current through Register Vol. 50, No. 6, June 20, 2024
A. To provide for voluntary apprenticeship
				under approved apprenticeship agreements and for the execution and approval of
				such agreements.
B. To open to the
				people of Louisiana the opportunity to obtain special training which will equip
				them for profitable employment and a high type of citizenship.
C. To set up as a means to this end a program
				of voluntary apprenticeship under approved standards of apprenticeship,
				reviewed by the State Apprenticeship Council and registered with the Louisiana
				Workforce Commission, Apprenticeship Division, providing facilities for
				apprenticeship training and guidance in the arts and crafts of industry and
				trade, with parallel instruction in related and theoretical
				education.
D. To relate the supply
				of skilled workers to industry employment demands.
E. To establish standards for apprenticeship
				training.
F. To provide for a
				director of apprenticeship with the Louisiana Workforce Commission.
G. To provide for reports to the legislature
				and the public regarding the status of apprenticeship training in the
				state.
H. To establish a procedure
				for the hearing and adjustment of apprenticeship agreement
				controversies.
I. To accomplish
				related ends.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:381-391.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 1 - Apprenticeship Laws › Section IX-105 - State Apprenticeship Council

Current through Register Vol. 50, No. 6, June 20, 2024
A. The executive director of the Louisiana
				Workforce Commission shall appoint a State Apprenticeship Council as follows:
1. three representatives of employers who
				have been selected from recommendations made by employer organizations that are
				party to a registered apprenticeship program, and three representatives of
				labor organizations who are nominated by state labor federations, who are also
				party to a Louisiana-approved apprenticeship program;
2. two members representing the general
				public;
3. the state official in
				charge of trade and industrial education with the Louisiana Community and
				Technical College System shall serve in an ex-officio capacity;
4. each member shall be appointed for three
				years;
5. any member appointed to
				fill a vacancy occurring prior to the expiration of the term of their
				predecessor shall be appointed for the remainder of said term;
6. each member of the council not otherwise
				compensated by public funds, may be reimbursed for transportation and shall be
				paid not more than $35 per day for each day spent in attendance at meetings of
				the apprenticeship council, which shall meet at the call of the director of
				apprenticeship; and
7. in order to
				be considered for appointment to the council, members must be party to a
				registered apprenticeship program and well versed in the apprenticeship system
				and apprenticeable occupations, or have previously served on the council for
				ten or more years.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 1 - Apprenticeship Laws › Section IX-107 - Duties and Responsibilities of the State Apprenticeship Council

Current through Register Vol. 50, No. 6, June 20, 2024
A. The State
				Apprenticeship Council shall:
1. aid in
				formulating policies for the effective administration of the State
				Apprenticeship System;
2. establish
				standards which shall represent the minimum standards required for approval of
				apprenticeship program standards for any proposed apprenticeship program
				sponsor making application for registration of a program;
3. recommend such rules and regulations as
				may be necessary to carry out the purpose and intent thereof;
4. perform such other functions as the
				executive director may direct;
5.
				assure an opportunity for Louisiana citizens to obtain training that will equip
				them for profitable employment and promote employment opportunities for them
				under conditions providing adequate training and reasonable earnings as stated
				in section 381 of the Louisiana Apprenticeship Law;
6. when the State Apprenticeship Council
				determines that there is reasonable cause to believe that an apprenticeship
				program is not operating in accordance with these rules and the Louisiana
				Apprenticeship Law, and voluntary corrective action has not been taken by the
				program sponsor, the State Apprenticeship Council shall recommend that the
				director of apprenticeship institute proceedings to deregister the
				apprenticeship program and shall request the director to make a final decision
				on the basis of available evidence;
7. upon receipt of proposed standards by the
				Louisiana Workforce Commission, Apprenticeship Division of new programs or
				previously approved programs, such standards shall be submitted to the State
				Apprenticeship Council for its review and recommendation to the director of
				apprenticeship, who will issue the final decision regarding approval or
				disapproval thereof. When an apprenticeship program has been deregistered for
				cause or voluntarily deregistered in accordance with the provisions set forth
				in §309 of this
				Chapter and Title
				29 CFR
				29.8 and
				29.10,
				they shall not be granted another program for at least one year from the date
				of deregistration. A compliance review is to be conducted and the program must
				be in compliance with these rules, standards and the Louisiana plan for
				EEO.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 3 - Apprenticeship Division Standards and Procedure › Section IX-301 - Standards of Apprenticeship

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				apprenticeship program, to be eligible for registration/approval by the
				Louisiana Workforce Commission, Apprenticeship Division shall conform to the
				following standards.
1. All apprenticeship
				programs proposed for adoption shall be required to submit standards of
				apprenticeship on forms supplied by the Apprenticeship Division. All standards
				of apprenticeship shall first be submitted to the director of apprenticeship,
				who, within 90 days and after careful review, shall make a recommendation to
				the State Apprenticeship Council for approval if all minimum standards have
				been met.
a. All other notifications and
				requests for changes and updates relating to a program sponsor's standards of
				apprenticeship shall be submitted to the director of apprenticeship within 45
				days.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 3 - Apprenticeship Division Standards and Procedure › Section IX-303 - Apprenticeship Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				apprenticeship agreement form will be supplied by the director of
				apprenticeship to apprenticeship committees and to individual establishments
				interested in apprenticeship.
B.
				Pre-Apprentices. For the purposes of apprenticeship, the Louisiana Workforce
				Commission, Apprenticeship Division will not indenture pre-apprentices.
				However, if an organization wishes to establish a bona fide pre-apprenticeship
				training program, it must make written request to the Apprenticeship Division
				and demonstrate strong linkages between it and a registered apprenticeship
				program(s) within Louisiana. If appropriate, the director of apprenticeship may
				issue a letter of recognition.
C.
				The date of an apprenticeship agreement will be the actual date the apprentice
				entered employment as an apprentice as agreed to by the employer, the
				apprentice, and approved by the Louisiana Workforce Commission, Apprenticeship
				Division.
D. Apprenticeship
				agreements to be submitted and processed as follows:
1. program sponsor and apprentice both
				complete and sign the agreement;
2.
				program sponsor retains original on file and enters apprentice agreement into
				the Registered Apprenticeship Partners Information Data System (RAPIDS) to
				submit electronic request for approval by the director of apprenticeship within
				45 days of the apprentice's first day of employment;
3. a copy for the apprentice shall be
				provided; and
4. director of
				apprenticeship shall approve or deny, as appropriate, apprentice registration
				related requests through RAPIDS within 45 days of receipt, and the program
				sponsor will be notified of any action taken in RAPIDS via email immediately
				thereafter.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 3 - Apprenticeship Division Standards and Procedure › Section IX-305 - Procedure for Approval of Apprenticeship Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The director of apprenticeship shall
				approve an apprenticeship agreement within 15 days if:
1. it meets the standards established under
				the Louisiana Apprenticeship Law and these rules for an apprenticeship program
				which has been properly registered with the Louisiana Workforce Commission,
				Apprenticeship Division;
2. the
				agreement contains all the requisites provided in
				§303
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 3 - Apprenticeship Division Standards and Procedure › Section IX-307 - Procedure for the Cancellation or Termination of Apprenticeship Agreements and Issuance of Interim Credentials and Certificates of Completion

Current through Register Vol. 50, No. 6, June 20, 2024
A. The director of
				apprenticeship may terminate or cancel any apprenticeship agreement in
				accordance with the provisions of that agreement.
B. In the event that an agreement is
				terminated by mutual consent of all parties thereto, no opportunity for a
				hearing prior to such termination is required.
C. Prior to the cancellation or termination
				of an agreement for reasons other than mutual agreement of all parties, the
				parties to such agreement shall be afforded an opportunity for hearing after
				reasonable notice. Such notice and hearing shall conform to the requirements of
				the Administrative Procedure Act,
				R.S.
				49:955.
D. Programs that adopt competency or hybrid
				structured standards of apprenticeship may request interim credentials for
				certification of competency attainments made by an apprentice from the Office
				of Apprenticeship, United States Department of Labor.
E. Upon the satisfactory completion of
				apprenticeship, the director of apprenticeship shall issue a certificate of
				completion of apprenticeship showing the trade in which apprenticeship was
				served, the date of completion and the name of the program sponsor. A
				completion certificate shall be issued only after the director of
				apprenticeship has received an electronic request through the Registered
				Apprenticeship Partners Information Data System (RAPIDS) for such completion
				certificate, signed by a representative of the pertinent program sponsor, which
				signature shall certify that the required training and related instruction has
				been completed, or after the apprentice has furnished to the director of
				apprenticeship documented evidence which proves that the required training and
				related instruction has been completed. If there exists extenuating
				circumstances in which the program sponsor is unable to access RAPIDS, a
				written request will be accepted.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 3 - Apprenticeship Division Standards and Procedure › Section IX-311 - Civil Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Provisions
1. Any person, including but not limited to,
				any apprenticeship program sponsor or employer of a registered apprentice,
				shall be subject to a civil penalty of up to five hundred dollars per violation
				of the provisions of any of the following:
a.
				Title 40, Part IX;
b. approved
				program standards;
c. an approved
				apprenticeship agreement;
d. any
				rules or regulations governing apprenticeship adopted pursuant to the authority
				contained within Title 40, Part IX of the Louisiana Administrative
				Code.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 3 - Apprenticeship Division Standards and Procedure › Section IX-313 - Cooperation with Other Organizations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Louisiana Workforce Commission Business
				and Career Solution Centers shall:
1. assist
				in the recruiting and placement of apprentices as appropriate ; and
2. advise job seekers of the registered
				apprenticeship opportunities in their region and their minimum entrance
				requirements.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 3 - Apprenticeship Division Standards and Procedure › Section IX-315 - Limitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				with Act 364 of 1938, Section 391, nothing in this Chapter or in any apprentice
				agreement approved under this Chapter shall operate to invalidate any
				apprenticeship provision in any collective agreement between employers and
				employees.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:381-391.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 3 - Apprenticeship Division Standards and Procedure › Section IX-317 - Criteria for Apprenticeable Occupations

Current through Register Vol. 50, No. 6, June 20, 2024
A. An apprenticeable occupation is a skilled
				trade which possesses all of the following characteristics.
1. It is customarily learned in a practical
				way through a structured, systematic program of on-the-job supervised
				training.
2. It is clearly
				identified and commonly recognized throughout an industry.
3. It involves manual, mechanical or
				technical skills and knowledge which require a minimum of 2,000 hours of on-
				the-job work experience.
4. It
				requires related instruction to supplement the on-the-job training.
5. It has been approved by the United States
				Department of Labor as an apprenticeable occupation.
6. In instances when an employer proposes the
				development of an apprenticeship program for an occupation that is not found on
				the federal apprenticeable occupations list, the employer shall provide
				evidence that:
a. the occupation is
				considered "high demand" according to Louisiana labor market
				information;
b. the occupation
				represents an emerging demand industry-wide;
c. the occupation meets all other criteria
				for an apprenticeable occupation;
d. an application has been submitted to the
				United States Department of Labor for the occupation to be recognized as
				apprenticeable.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 5 - Louisiana State Plan for Equal Opportunity in Apprenticeship › Section IX-501 - Scope and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. This plan
				sets forth policies and procedures to promote equality of opportunity in
				apprenticeship programs registered with the Louisiana Workforce Commission,
				Apprenticeship Division. These policies and procedures apply to the recruitment
				and selection of apprentices, and to all conditions of employment and training
				during apprenticeship. The procedures established provide for review of
				apprenticeship programs, for registering apprenticeship programs, for
				processing complaints and for deregistering non-complying apprenticeship
				programs.
B. The purpose of this
				plan is to promote equality of opportunity in apprenticeship by prohibiting
				discrimination based on race, color, religion, national origin, or sex in
				apprenticeship programs, by requiring affirmative action to provide equal
				opportunity in such apprenticeship programs, and by coordinating this plan with
				other equal opportunity programs.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:381-391.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 5 - Louisiana State Plan for Equal Opportunity in Apprenticeship › Section IX-503 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Commission
- the Louisiana Workforce
				  Commission.
Employer
- any person or organization
				  employing an apprentice whether or not the apprentice is enrolled with such
				  person or organization or with some other person or organization as an
				  employer.
Executive Director
- the executive head and
				  chief administrative officer of the Louisiana Workforce Commission, or any
				  person specifically designated by the executive director.
Louisiana Workforce Commission, Apprenticeship
				  Division
- the division within Louisiana state government that is
				  recognized by the Office of Apprenticeship, United States Department of Labor
				  as the official state apprenticeship agency of record for registration of
				  apprenticeship programs for federal purposes.
Sponsor
- any person or organization
				  operating a state apprenticeship program, irrespective of whether such person
				  or organization is an employer as a sponsor.
State Apprenticeship Council (SAC)
- the
				  Louisiana State Apprenticeship Council, serving as the advisory board to the
				  Louisiana Workforce Commission.
State Apprenticeship Program
- a program
				  registered with the Louisiana Workforce Commission, Apprenticeship Division and
				  meeting the minimum standards of the applicable federal and state
				  apprenticeship laws.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:381-391.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 5 - Louisiana State Plan for Equal Opportunity in Apprenticeship › Section IX-505 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under the
				authority vested in the Louisiana Workforce Commission, Apprenticeship Division
				and set out in Louisiana Revised Statutes, 1950, (annotated) as amended,
				R.S. 23:381
				through
				R.S.
				23:391, a policy is hereby formulated for
				non-discrimination in apprenticeship and training by the Louisiana Workforce
				Commission, Apprenticeship Division.
B. On May 12, 1978, a revised Title 29 CFR
				Part 30 was established at the request of the Office of the Secretary of Labor,
				U.S. Department of Labor. Section 30. 15, "State Agencies," of Title 29, Part
				30, encourages all state apprenticeship agencies to adopt and implement the
				standards of the U.S. Department of Labor policy.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:381-391.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 5 - Louisiana State Plan for Equal Opportunity in Apprenticeship › Section IX-507 - Equal Opportunity Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Obligation of Sponsor. Each sponsor of an
				apprenticeship program shall:
1. recruit,
				select, employ and train apprentices during their term of apprenticeship
				without discrimination because of race, color, religion, national origin, or
				sex;
2. uniformly apply rules and
				regulations concerning apprentices, including but not limited to equality of
				wages, periodic advancement, promotion, assignment of work, job performance,
				rotation among all work processes of the trade, imposition of penalties or
				other disciplinary action, and all other aspects of the apprenticeship program
				administration by the program sponsor; and
3. take affirmative action to provide equal
				opportunity in apprenticeship, including adoption of an affirmative action plan
				as required by this state plan.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 5 - Louisiana State Plan for Equal Opportunity in Apprenticeship › Section IX-513 - Existing List of Eligibles and Public Notices

Current through Register Vol. 50, No. 6, June 20, 2024
A. A sponsor adopting a selection method
				under §511.
				B.2 and a sponsor adopting a selection method
				under §511.
				B.5 who determines that there a fewer
				minorities and/or women (minority and nonminority) on its existing lists of
				eligibles than would reasonably be expected in view of the analysis described
				in §509.
				E shall discard all existing eligibility
				lists upon adoption of selection methods required by this plan. New eligibility
				pools shall be established, and lists of eligibility pools be posted at the
				sponsor's place of business. Sponsors shall establish a reasonable period of
				not less than two weeks for accepting applications for admission to an
				apprenticeship program. There shall be at least 30 days of public notice in
				advance of the earliest date for application for admission to the
				apprenticeship program (see
				§509.
				C on affirmative action with respect to
				dissemination of information).
B.
				Applicants who have been placed in a pool of eligibles shall be retained on
				lists of eligibles subject to selection for a period of two years. Applicants
				may be removed from the list at an earlier date by their request or following
				their failure to respond to an apprentice job opportunity given by certified
				mail, return receipt requested.
C.
				Applicants who have been accepted in the program shall be afforded a reasonable
				period of time in light of customs and practices of the industry for reporting
				for work. All applicants shall be treated equally in determining such period of
				time. It shall be the responsibility of the applicant to keep the sponsor
				informed of his or her current mailing address. A sponsor may restore to the
				list of eligibles an applicant who has been removed from the list at his
				request or who has failed to respond to an apprenticeship job
				opportunity.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:381-291.