Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 181 - MAINE STANDING COMMITTEE ON APPRENTICESHIP › Chapter 1 - RULES RELATING TO LABOR STANDARDS FOR REGISTRATION OF APPRENTICESHIP PROGRAMS › Section 181-1-5 - Standards of Apprenticeship

Current through 2024-29, July 17, 2024
An apprenticeship program to be eligible for approval and
				  registration by the Maine Apprenticeship Program shall conform to the following
				  standards:
A. The program must have an
				organized, written plan embodying the terms and conditions of employment,
				training, and supervision of one or more apprentices in the apprenticeable
				occupation, as defined in Chapter 37 and this regulation, 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.
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 (at least 2,000 hours) (time-based
				approach), the attainment of competency (competency-based approach), or a blend
				of the time-based and competency based approaches (hybrid approach) as defined
				in MRS Title 26, Chapter 37 section 3203.
3. An outline of work processes in which the
				apprentice will receive supervised work experience and training on the job, and
				the allocation of the approximate time to be spent in each major
				process;
4. Provision for
				organized, related instruction in technical subjects related to the occupation.
i. A statement of the number of hours to be
				spent in related instruction which shall not be less than the statutory minimum
				number of hours per year (144 hours for each year of apprenticeship). This
				instruction in technical subjects may be accomplished through media such as
				classroom, occupational or industrial courses, electronic media, or other
				instruction approved by the Maine Apprenticeship Program. Every apprenticeship
				instructor must:
ii. Meet the State
				Department of Education's requirement for a vocational technical instructor in
				Maine, or be a subject matter expert, which is an individual such as a journey
				worker, who is recognized within an industry as having expertise in a specific
				occupation; and
iii. Have training
				in teaching techniques and adult learning styles, which may occur before or
				after the apprenticeship instructor has started to provide the related
				technical instruction.
5. A statement that apprentices shall be at
				least sixteen years of age, with the exception of a higher age requirement
				which the Bureau has determined applicable in accordance with the State and
				Federal Child Labor Laws;
6. A
				statement of the progressively increasing scale of wages to be paid the
				apprentice consistent with the skill acquired, the entry wage to be not less
				than the minimum wage prescribed by the Federal and State Labor Standards Acts,
				where applicable, unless a higher wage is required by other applicable Federal
				law, State law, respective regulations, or by collective bargaining
				agreement;
7. A provision for
				probationary period reasonable in relation to the full apprenticeship term,
				with full credit given for such period toward completion of
				apprenticeship;
8. A provision that
				during the period of probation, the Maine Apprenticeship Program shall be
				directed to terminate an apprenticeship agreement the request in writing of any
				party thereto;
9. A provision that
				after the probationary period, the Maine Apprenticeship Program shall be
				empowered to terminate an apprenticeship agreement upon agreement of the
				parties thereto, or for good cause after giving all parties notice and
				opportunity to be heard;
10.
				Provision that the services of the Committee may be utilized for consultation
				regarding the settlement of differences arising out of apprenticeship agreement
				and where the differences cannot be adjusted locally, or in accordance with the
				established trade procedure, and any such differences which cannot be amicably
				settled by the parties may be submitted to the Bureau for final
				decision:
11. Provision for the
				numeric ratio of apprentice to journeymen consistent with proper supervision,
				training, safety, and reasonable continuity of employment, and applicable
				provisions in collective bargaining agreements, in relation to which a ratio of
				one apprentice for the first journey man regularly employed and one apprentice
				for each subsequent three journeymen regularly employed by a participating
				employer in each apprenticeable occupation be established. The Maine
				Apprenticeship Program shall have the authority to waive the above ratio in
				those circumstances in which it may deem such action warranted. All requests
				for waivers shall be made in writing to the Maine Apprenticeship Program
12. Provision for transfer of
				employer's training obligation when the employer is unable to fulfill the
				obligation under the apprenticeship agreement to another employer under the
				same program with the consent of the apprentice and Maine Apprenticeship
				Program or program sponsor, with full credit to the apprentice for satisfactory
				time and training earned;
13.
				Provision for minimum qualifications required by a sponsor for persons entering
				the apprenticeship program;
14.
				Provision for granting of an advanced standing or credit for previously
				acquired experience, training, or skills for all applicants equally, with
				commensurate wages for any progression step so granted;
15. A provision that the employer shall
				instruct the apprentice in safe and healthful work practices and shall insure
				that the apprentice is trained in facilities and other environments that are in
				compliance with either the occupational safety and health standards promulgated
				by the Secretary of Labor under Public Law 91-596, or State standards that have
				been found to be at least as effective as the Federal standards;
16. A provision for the placement of an
				apprentice under a written apprenticeship agreement, which shall directly, or
				by reference, incorporate the standards of the program as part of the
				agreement;
17. A provision for
				periodic review and evaluation of the apprentice's progress in job performance
				and in related instruction, and the maintenance of appropriate progress
				records;
18. A provision of
				recognition for successful completion of apprenticeship evidenced by an
				appropriate certificate;
19.
				Identification of the registration agency;
20. A statement that the regular workday or
				work week for apprentices shall not be greater than those of the journey
				workers;
21. Provision for the
				registration, cancellation and deregistration of the program and requirement
				for the prompt submission of any modification or revision thereto;
22. Provision for registration of
				apprenticeship agreements and revisions, notice to the Maine Apprenticeship
				Program of persons who have successfully completed apprenticeship programs, and
				notice of terminations and suspensions of apprenticeship agreements and causes
				therefore;
23. A statement of how
				the committee is to be organized and a statement of the functions of the
				committee are required if the program sponsor is a joint apprenticeship
				committee;
24. Compliance with 29
				CFR part 30, including the equal opportunity pledge prescribed in
				29 CFR
				30.3(c); an affirmative
				action program complying with
				29 CFR
				30.4; and a method for the selection of
				apprentices complying with
				29 CFR
				30.10, or compliance with parallel
				requirements contained in a State plan for equal opportunity in apprenticeship
				adopted under 29 CFR part 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 applicable provisions of 29 CFR
				part 30, as amended, or if applicable, an approved State plan for equal
				opportunity in apprenticeship. A statement containing the equal opportunity
				pledge prescribed as follows:
[Name of sponsor] will not discriminate against
				  apprenticeship applicants or apprentices based on race, color, religion,
				  national origin, sex (including pregnancy and gender identity), sexual
				  orientation, genetic information, or because they are an individual with a
				  disability` or a person 40 years old or older. [Name of sponsor] will take
				  affirmative action to provide equal opportunity in apprenticeship and will
				  operate the apprenticeship program as required under Title 29 of the Code of
				  Federal Regulations, part 30.
25. Name and address of the appropriate
				authority under the program to receive, process, and make disposition of
				complaints;
26. Provision for a
				participating employer's agreement; and
27. All apprenticeship standards must contain
				articles to comply with Federal laws, regulations and rules pertaining to
				apprenticeship.