New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 601 - Registration Of Apprenticeship Programs And Agreements › Section 601.8 - Program probation, monitoring, re-certification and performance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) During any 12
				  month period, every active program must have at least one registered
				  apprentice.
(b) Program probation.
(1) Newly approved programs shall undergo a
				  two year probation beginning on the first apprentice's start date or the
				  program approval date, whichever comes later. Sponsors of newly approved
				  programs shall be advised that their programs are being approved contingent
				  upon successful completion of probation. During probation, a sponsor may not
				  submit any new program applications, nor change its approach.
(2) The performance of provisionally approved
				  programs shall be evaluated by the department during probation based upon the
				  sponsor's and signatories' compliance with the following factors:
(i) the continuous enrollment of an
				  apprentice(s);
(ii) the payment of
				  wages as specified in the apprenticeship agreement, and the availability of
				  such documentation for review by the department;
(iii) verifiable documentation of task
				  rotation and skill development;
(iv) verifiable documentation of
				  participation in related and supplemental instruction;
(v) the proper supervision of apprentices,
				  including maintenance of an appropriate ratio of apprentices to journeyworkers,
				  and documentation that such ratios have been maintained on the
				  jobsite;
(vi) the provision of a
				  safe work environment as prescribed by the occupational safety and health act
				  (OSHA) and the regulations thereto;
(vii) the terms and conditions/provisions as
				  indicated on the program registration agreement;
(viii) the provisions of Labor Law, article
				  23, this Part and Part 600 of this Title; and
(ix) articles 8 and 9 of the Labor Law, the
				  Workers' Compensation Law, and all other Federal or State laws governing the
				  terms and conditions of employment.
(3) Probation review options.
(i) The department may cancel the
				  registration of any program at any point during probation for violating any of
				  the regulations contained in this Part.
(ii) After a review of the new program's
				  performance during probation, the sponsor will be notified whether it:
(a) passed probation; or
(b) will have its probation extended for a
				  period of no more than one year; or
(c) failed probation.
(iii) A sponsor of a program that has had its
				  probation extended pursuant to this section, or that has failed probation,
				  shall be informed of the reasons why this decision was made.
(iv) A sponsor whose program has been placed
				  on an extended probation shall be required to submit a proposed corrective
				  action plan addressing the deficiencies identified in the notice and a proposed
				  time frame for its implementation. Both components of the proposed corrective
				  action plan must receive department approval.
(v) A sponsor whose program fails probation
				  may file a written appeal of the decision by sending a letter to the
				  commissioner within 30 days of written notification of the determination,
				  setting forth the grounds for contesting the department's
				  determination.
(4)
				  Sponsors of programs whose registrations are cancelled during probation, deemed
				  deregistered, or fail probation shall not reapply, seek reinstatement, or apply
				  for a new program for a period of one year following notification by the
				  department. This period additionally applies to applications for registration
				  of any apprenticeship program by any owner, officer, successor or substantially
				  owned-affiliated entity of/to the sponsor.