Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 83 - WELFARE OF APPRENTICES › Section 83.5 - Standards of apprenticeship

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				apprenticeship program, to be eligible for registration by the Council, shall
				be an organized, written plan embodying the term and conditions of employment,
				training and supervision of one or more apprentices in an apprenticeable
				occupation, as defined in this chapter, and subscribed to by a sponsor who has
				undertaken to carry out the apprentice training program.
(b) The standards shall contain provisions
				concerning the following:
(1) The employment
				and training of the apprentice in a skilled trade.
(2) A term of apprenticeship, not less than
				one year or 2,000 hours, consistent with training requirements as established
				by industry practice.
(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 and
				supplemental instruction in technical subjects related to the trade. A minimum
				of 144 hours for each year of apprenticeship is recommended. Such instruction
				may be given in a classroom, through trade, industrial or approved
				correspondence courses of equivalent value.
(5) A progressively increasing schedule of
				wages to be paid the apprentice. Wage rates shall be determined as follows:
				Where apprentice wage rates are established by collective bargaining agreement,
				they shall be accepted by the Council for apprentices covered by such
				agreements. Where wage rates are not established by collective bargaining
				agreements:
(i) The progressively increasing
				schedule of apprentice wage rates shall be expressed in terms of percentages of
				the journeyperson hourly rate.
(ii)
				Such rates shall represent the minimum for each incremental period of
				apprenticeship.
(iii) The hourly
				rate for a journeyperson for each trade included in a registered program shall
				be the average journeyperson hourly rate applicable to the employer and shall
				be stated in terms of dollars and cents.
(iv) The entry wage shall not be less than
				the State minimum wage, where applicable, unless a higher wage is required by
				other applicable Federal law, State law or respective regulations.
(v) Modification of wage progression or
				journeyperson wage shall be promptly reported to the Council.
(6) Periodic review and evaluation
				of the progress of the apprentice in job performance and related instruction
				and the maintenance of appropriate progress records.
(7) The ratio of apprentices to journeymen
				should be consistent with proper supervision, training, and continuity of
				employment or applicable provisions in collective bargaining agreements. The
				standard Pennsylvania Apprenticeship and Training Council ratio for Non-Joint
				programs shall be one apprentice employed for the first, second, third and
				fourth journeymen regularly employed; two apprentices for the fifth, sixth,
				seventh, eighth and ninth journeymen regularly employed; three apprentices for
				the tenth, eleventh, twelfth, thirteenth and fourteenth journeymen regularly
				employed, and so on in units of five journeymen regularly employed. Exemptions
				to the Pennsylvania Apprenticeship and Training Council's standard ratios may
				be granted upon written request and approval of the Council.
(8) A probationary period reasonable in
				relation to the full apprenticeship term, with full credit for such period
				toward completion of apprenticeship.
(9) Adequate and safe equipment facilities
				for training and supervision, and safety training for apprentices on the job
				and in related instruction.
(10)
				The required minimum qualifications for persons entering an apprenticeship
				program.
(11) The placement of an
				apprentice under an apprenticeship agreement. The agreement shall directly, or
				by reference, incorporate the standards of the program as part of the
				agreement.
(12) 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.
(13) Transfer of
				employer's training obligation to another employer when the employer is unable
				to fulfill his obligation under the apprenticeship agreement, with consent of
				the apprentice and apprenticeship committee or program sponsor, with full
				credit to the apprentice for satisfactory time and training earned.
(14) Assurance of qualified training
				personnel and adequate supervision on the job.
(15) Recognition for successful completion of
				apprenticeship evidenced by an appropriate certificate.
(16) Identification of the registration
				agency.
(17) Provision for the
				registration, cancellation and deregistration of the program and requirement
				for the prompt submission of any modification or amendment thereto.
(18) Provision for registration of
				apprenticeship agreements, notice to the Council of persons who have
				successfully completed apprenticeship programs, and notice of cancellations and
				suspensions of apprenticeship agreements and cause therefore.
(19) Authority for the termination of an
				apprenticeship agreement during the probationary period by either party without
				stated cause.
(20) A statement that
				the program will be conducted, operated and administered in conformity with the
				Pennsylvania State Plan for Equal Employment Opportunity.
(21) Name and address of the appropriate
				authority under the program to receive, process and make disposition of
				complaints.
(22) Recording and
				maintenance of records concerning apprenticeship as may be required by the
				Council and applicable law.