New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 3 - STATE APPRENTICESHIP POLICY MANUAL › Section 11.2.3.23 - STANDARDS OF APPRENTICESHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General policy: It is the objective of the department and the SAC to encourage
				the development and continuance of apprenticeship programs adequate to produce
				qualified skilled workers. Labor and employers will be encouraged to jointly
				develop adequate standards of apprenticeship, and it is the policy of the
				department and SAC to render any assistance needed by these groups in the
				development of such standards. Apprenticeship program sponsors shall submit
				their standards to the department for registration. After registration, the
				sponsor shall provide the director of apprenticeship with such documentation as
				may be requested concerning the operation of the program.
B. Development of standards: In order to
				promote good apprenticeship policies and procedures each apprenticeship program
				sponsor, who desires registration by the department, shall formulate, adopt,
				and submit to the department for review a set of apprenticeship standards. The
				purpose of these standards is to provide rules for the operation of the
				apprenticeship program. An apprenticeship program, to be eligible for
				registration by the department shall conform to the following standards:
(1) The program shall have an organized,
				written plan (program standards) embodying the terms and conditions of
				employment, related instruction, and supervision of one or more apprentices in
				the apprenticeable occupation, as defined in this part and subscribed to by a
				sponsor who has undertaken to carry out the apprentice training
				program.
(2) The program standards
				shall contain provisions that address:
(a) the
				employment and training of the apprentice in a skilled occupation;
(b) 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);
(i) 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;
(ii) 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 shall still require apprentices to complete an
				on-the-job learning component of registered apprenticeship; the program
				standards shall 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;
(iii) 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;
(c) the determination of the appropriate
				approach for the program standards is made by the program sponsor, subject to
				approval by the department of the determination as appropriate to the
				apprenticeable occupation for which the program standards are
				registered;
(d) an outline of 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;
(e) provisions or organized related and
				supplemental instruction in technical subjects related to the trade; a minimum
				of 144 hours for each year of apprenticeship is recommended. This instruction
				in technical subjects may be accomplished through media such as classroom,
				occupational or industry courses, electronic media, or other instruction
				approved by the department
(f)
				every apprenticeship instructor shall:
(i)
				meet the state department of education's requirements for a
				vocational-technical instructor in the state of registration, or be a subject
				matter expert, which is an individual, such as a journeyworker, who is
				recognized within an industry as having expertise in a specific occupation;
				and
(ii) 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;
(g) a
				progressively increasing schedule of wages to be paid to the apprentice
				consistent with the skill acquired; the entry wage shall 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;
(h) periodic review and evaluation of the
				apprentice's performance on the job and in related instruction; and the
				maintenance of appropriate progress records;
(i) a numeric ratio of apprentices to
				journeyworkers consistent with established industry practices, 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 ratio
				language shall be specific and clearly described as to its application to the
				job site, workforce, department or plant;
(j) 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 twenty-five percent of the length of the program, or one year, whichever
				is shorter;
(k) adequate and safe
				equipment and facilities for training and supervision, and safety training for
				apprentices on the job and in related instruction;
(l) the minimum qualifications required by a
				sponsor for persons entering the apprenticeship program, with an eligible
				starting age not less than 16 years;
(m) the placement of an apprentice under a
				written apprenticeship agreement that meets the requirements of
				11.2.3.27 NMAC; the agreement
				shall directly, or by reference, incorporate the standards of the program as
				part of the agreement;
(n) the
				granting of advanced standing or credit for previously acquired experience,
				training or skills for all applicants equally with commensurate wages for any
				progression step so granted; all credit, which is to be granted, shall be
				reported to the office of the department in accordance with adopted procedures
				and guidelines;
(o) the transfer of
				an apprentice between apprenticeship programs and within an apprenticeship
				program shall be based on agreement between the apprentice and the affected
				apprenticeship committees or program sponsors, and shall comply with the
				following requirements:
(i) the transferring
				apprentice shall be provided a transcript of related instruction and on-the-job
				learning by the committee or program sponsor;
(ii) transfer shall be to the same
				occupation; and
(iii) a new
				apprenticeship agreement shall be executed when the transfer occurs between
				program sponsors;
(p)
				assurance of qualified training personnel and adequate supervision on the
				job;
(q) recognition for successful
				completion of apprenticeship evidenced by an appropriate certificate issued by
				the department;
(r) program
				standards that utilize the competency-based or hybrid approach for progression
				through an apprenticeship and that choose to issue interim credentials shall
				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
				shall 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;
(s) identification of
				the department;
(t) provision for
				the registration, cancellation and deregistration of the program; and for the
				prompt submission of any program standard modification or amendment to the
				department for approval;
(u)
				provision for the registration of apprenticeship agreements, modifications, and
				amendments; notice to the SAA 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;
(v) 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;
(w) a statement that the program will be
				conducted, operated, and administered in conformity with applicable provisions
				of 11.2.2 NMAC equal opportunity in apprenticeship state plan;
(x) contact information (name, address,
				telephone number, and e-mail address if appropriate) for the appropriate
				individual with authority under the program to receive, process and make
				disposition of complaints;
(y)
				recording and maintenance of all records concerning apprenticeship as may be
				required by the OA or the department and other applicable law;
(z) all standards registered with the
				department shall contain a provision which states that the director or his or
				her designee shall be an ex-officio member, without vote, of any committee
				which functions to administer the apprenticeship program;
(aa) provision which clearly states that the
				director or his or her designee shall have the right to visit all job sites
				where apprentices may be employed, and apprentice related instruction classes,
				in order to determine compliance with apprenticeship standards; and
(bb) a written assurance that the sponsor is:
1) aware of the availability of Title 38
				educational assistance for veterans and other eligible individuals;
2) will make a good faith effort to obtain
				approval for such educational assistance for each program location that
				recruits or employs a veteran or other eligible individual; and
3) will not deny the application of a
				qualified apprenticeship applicant who is a veteran or other individual
				qualified for Title 38 educational benefits for the purpose of avoiding making
				a good faith effort to obtain approval for such benefits.