Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 26.00 - Apprentice Standards › Section 26.04 - Standards for Apprentice Programs

Current through Register 1525, July 5, 2024
(1) All
			 registered apprentice programs must comply with the following standards:
(a) The program must have an organized,
			 written plan (program standards) embodying the terms and conditions of
			 employment, training, and supervision of one or more apprentices in an
			 apprenticeable occupation, as defined in
			 454 CMR 26.02, and
			 subscribed to by a sponsor who has undertaken to carry out the apprentice
			 training program.
(b) The program
			 standards must contain provisions that address:
1.The employment and training of the
			 apprentice in a skilled occupation. The apprentice shall be provided no less
			 than full time employment in the relevant field.
2.The term of apprenticeship, which for an
			 individual apprentice may be measured either through the completion of the
			 industry standard for on-the-job learning (time-based approach), the attainment
			 of competency (competency-based approach), or a blend of the time-based and
			 competency-based approaches (hybrid approach).
a.The time-based approach measures skill
			 acquisition through the individual apprentice's completion of at least 2,000
			 hours of on-the-job learning as described in a work process schedule.
b.The competency-based approach measures
			 skill acquisition through the individual apprentice's successful demonstration
			 of acquired skills and knowledge, as verified by the program sponsor. Programs
			 utilizing this approach must still require apprentices to complete an
			 on-the-job learning component of Registered Apprenticeship. The program
			 standards must address how on-the-job learning will be integrated into the
			 program, describe competencies, and identify an appropriate means of testing
			 and evaluation for such competencies.
c.The hybrid approach measures the individual
			 apprentice's skill acquisition through a combination of specified minimum
			 number of hours of on-the-job learning and the successful demonstration of
			 competency as described in a work process schedule.
d.The determination of the appropriate
			 approach for the apprenticeable occupation for which program standards are
			 registered is made by the program sponsor, subject to approval by the
			 Division.
3.The work
			 processes in which the apprentice will receive supervised work experience and
			 training on the job, and the allocation of the approximate amount of time to be
			 spent in each major process.
4.Organized instruction in technical subjects
			 related to the occupation. Approximately 150 hours for each year of
			 apprenticeship is recommended. This instruction in technical subjects may be
			 accomplished through classroom, occupational or industry courses, electronic
			 media, or other instruction approved by the Director. Correspondence course
			 testing will be conducted by a proctor as approved by the Division.
5.A progressively increasing schedule of
			 wages to be paid to the apprentice consistent with the skill acquired. The
			 entry wage must not be less than the minimum wage prescribed by the Fair Labor
			 Standards Act, where applicable, unless a higher wage is required by other
			 applicable Federal law, State law, respective regulations, or by collective
			 bargaining agreement. The sponsor must ensure that the apprentice will be paid
			 no less than an amount specified in a predetermined schedule of wage rates.
			 Such wage rates shall be expressed as a percentage of the established
			 journeyworker rate and shall progressively increase consistent with the level
			 of skill acquired by the apprentice for the duration of time that the
			 apprentice participates in the apprentice program. For construction
			 occupations, the apprentice's scale of wages shall not be less than the
			 progression steps identified on the Department's prevailing wage determinations
			 for M.G.L. c. 149 projects. The sponsor may adjust the apprentice payroll
			 amount for private jobs by setting the company journeyworker rate for private
			 work and maintaining the same wage progression rate.
6.Periodic review and evaluation of the
			 apprentice's performance on the job and in related instruction; and the
			 maintenance of appropriate progress records.
7.A numeric ratio of apprentices to
			 journeyworkers consistent with proper supervision, training, safety, and
			 continuity of employment, and applicable provisions in collective bargaining
			 agreements, except where such ratios are expressly prohibited by the collective
			 bargaining agreements. The ratios set forth by the Department will be the
			 minimum acceptable ratios. The ratio language must be specific and clearly
			 described as to its application to the job site, workforce, department or
			 plant. For construction occupations, ratios shall be those determined by the
			 Department and documented on the Department's prevailing wage determinations
			 for M.G.L. c. 149 projects.
8.A
			 probationary period reasonable in relation to the full apprenticeship term,
			 with full credit given for such period toward completion of apprenticeship. The
			 probationary period cannot exceed 25% of the length of the program, or one
			 year, whichever is shorter.
9.Adequate and safe equipment and facilities
			 for training and supervision, and safety training for apprentices on the job
			 and in related instruction.
10.The
			 minimum qualifications required by a sponsor for persons entering the
			 apprenticeship program, with an eligible starting age not younger than 16 years
			 old.
11.The placement of an
			 apprentice under a written Apprenticeship Agreement that meets the requirements
			 of
			 454 CMR
			 26.06. The agreement must directly, or by
			 reference, incorporate the standards of the program as part of the
			 agreement.
12.The granting of
			 advanced standing or credit for demonstrated competency, acquired experience,
			 training, or skills for all applicants equally, with commensurate wages for any
			 progression step so granted.
13.The
			 transfer of an apprentice between apprenticeship programs and/or within an
			 apprenticeship program must be based on agreement between the apprentice and
			 the affected apprenticeship committees or program sponsors, and must comply
			 with the following requirements:
a.The
			 transferring apprentice must be provided a transcript of related instruction
			 and on-the-job learning by the committee or program sponsor;
b.Transfer must be to the same occupation;
			 and
c.A new apprenticeship
			 agreement must be executed when the transfer occurs between program
			 sponsors.
14.Assurance
			 of qualified training personnel and adequate supervision on the job.
15.Recognition for successful completion of
			 apprenticeship evidenced by an appropriate certificate issued the
			 Division.
16.Program standards that
			 utilize the competency-based or hybrid approach for progression through an
			 apprenticeship and that choose to issue interim credentials must clearly
			 identify the interim credentials, demonstrate how these credentials link to the
			 components of the apprenticeable occupation, and establish the process for
			 assessing an individual apprentice's demonstration of competency associated
			 with the particular interim credential. Further, interim credentials must only
			 be issued for recognized components of an apprenticeable occupation, thereby
			 linking interim credentials specifically to the knowledge, skills, and
			 abilities associated with those components of the apprenticeable
			 occupation.
17.Identification of
			 the Division, including address, telephone number and URL address.
18.Provision for the registration,
			 cancellation, and/or deregistration of the program; and for the prompt
			 submission of any program standard modification or amendment to the Division
			 for approval.
19.Provision for
			 registration of apprenticeship agreements, modifications, and amendments;
			 notice to the Division of persons who have successfully completed
			 apprenticeship programs; and notice of transfers, suspensions, and
			 cancellations of apprenticeship agreements and a statement of the reasons
			 therefore.
20.Authority for the
			 cancellation of an apprenticeship agreement during the probationary period by
			 either party without stated cause; cancellation during the probationary period
			 will not have an adverse impact on the sponsor's completion rate.
21.Compliance with requirements contained in
			 the Division's plan for equal opportunity in apprenticeship adopted under 29
			 CFR 30 and approved by the Department. The apprenticeship standards must also
			 include a statement that the program will be conducted, operated and
			 administered in conformity with the Division's plan for equal opportunity in
			 apprenticeship.
22.Contact
			 information (name, address, telephone number, and e-mail address if applicable)
			 for the appropriate individual with authority under the program to receive,
			 process and make disposition of complaints.
23.Recording and maintenance of all records
			 concerning apprenticeship as required by the Division.
24.The journeyworker rate used for
			 establishing the apprentice's wage schedule shall be stated in dollars and
			 cents and shall be reviewed annually and, if appropriate, re-adjusted.