Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Apprentice" means a worker 16 years old
				or older, who has entered into a voluntary written agreement with a sponsor who
				has agreed to teach the worker a skilled trade under terms defined in
				Regulations .04 and .05 of this chapter.
(2) "Apprenticeship agreement" means a
				written agreement between an apprentice and the sponsor that defines the
				relationship and is registered by the Maryland Apprenticeship and Training
				Council.
(3) "Apprenticeship
				program" means a written plan containing, at a minimum, the standards set forth
				in Regulation .05 of this chapter.
(4) "Cancellation" means:
(a) The deregistration by the Council of an
				apprenticeship program at the request of the program sponsor;
(b) The termination of an apprenticeship
				agreement at the request of the apprentice or sponsor; or
(c) Formal deregistration proceedings when
				the action is involuntary.
(5) "Competency" means the attainment of
				manual, mechanical, or technical skills and knowledge as specified by an
				occupational standard and demonstrated by an appropriate written and hands-on
				proficiency measurement.
(6)
				Competency-Based Approach.
(a)
				"Competency-based approach" means a method to measure skill acquisition through
				the individual apprentice's successful demonstration of acquired skills and
				knowledge, as verified by the program sponsor.
(b) "Competency-based approach " includes
				requiring an apprentice to complete an on-the-job learning component of
				registered apprenticeship with the program standards addressing:
(i) How on-the-job learning will be
				integrated into the program;
(ii)
				Describing competencies; and
(iii)
				Identifying an appropriate means of testing and evaluation for such
				competencies.
(7) "Council" means the Maryland
				Apprenticeship and Training Council.
(8) "Director" means the Director of the
				Maryland Apprenticeship and Training Program.
(9) "Employer" means an individual or
				organization located or operating in Maryland that employs an apprentice on a
				work site whether or not that individual or organization is a party to an
				apprenticeship agreement.
(10)
				"Hybrid approach" means a method to measure an individual apprentice's skill
				acquisition through a combination of a specified minimum number of hours of
				on-the-job learning and the successful demonstration of competency as described
				in a work process schedule.
(11)
				"Joint apprenticeship committee" means a committee, composed of an equal number
				of representatives of employers and employees, that has been jointly
				established by an employer or group of employers and a bona fide collective
				bargaining agent or agents to:
(a) Conduct,
				operate, or administer an apprenticeship program; and
(b) Enter into apprenticeship agreements with
				apprentices selected for employment under the particular program.
(12) "Journeyperson" means an
				individual who has completed:
(a) A
				registered apprenticeship in a craft; or
(b) The equivalent of an apprenticeship in
				length and content of work experience and all requirements in the
				apprenticeship standards for a craft.
(13) Nonjoint Apprenticeship Sponsor.
(a) "Nonjoint apprenticeship sponsor" means
				an apprenticeship program sponsor in which a bona fide collective bargaining
				agent does not participate.
(b)
				"Nonjoint apprenticeship sponsor" includes:
(i) An individual nonjoint sponsor which is
				an apprenticeship program sponsored by one employer without participation of a
				union; and
(ii) A group nonjoint
				sponsor which is an apprenticeship program sponsored by two or more employers
				without the participation of a union.
(14) "On-the-job training" means that segment
				of apprenticeship which can be obtained only on the job site.
(15) "Probationary period" means the period
				of time in an apprenticeship contract in which a party to the apprenticeship
				agreement may cancel the contract without cause.
(16) "Registration of an apprenticeship
				program" means the acceptance and recording of the program and issuance of a
				certificate of registration by the Maryland Apprenticeship and Training Council
				as meeting the basic standards and requirements of the Council.
(17) "Related instruction" means an organized
				and systematic form of instruction designed to provide knowledge of the
				theoretical and technical subjects related to the trade.
(18) "Secretary" means the Secretary of
				Labor, Licensing, and Regulation or a person specifically designated by the
				Secretary.
(19) "Sponsor" means an
				individual, association, committee, organization, or employer in whose name or
				title the program is or is to be registered.
(20) "State purposes" means:
(a) A State contract, grant, agreement, or
				arrangement dealing with apprenticeship; and
(b) State financial or other assistance,
				benefit, privilege, contribution, allowance, exemption, preference, or right
				pertaining to apprenticeship.
(21) "Time-based approach " means a method
				that 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.