Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 15 - Professional Regulation › Part 5 - Apprenticeship Programs in Trade and Industry (260-RICR-30-15-5) › Section 260-RICR-30-15-5.6 - Standards of Apprenticeship

Current through June 14, 2024
A. An
				 Apprenticeship Program to be eligible for registration by the Department shall
				 conform to the following standards:
1. The
				 program is a written plan embodying the terms and conditions of employment,
				 training and supervision of one or more apprentices in the apprenticeable
				 occupation, as defined in R.I. Gen. Laws Chapter 28-45 and this regulation, and
				 subscribed to by a Sponsor who has undertaken to carry out the apprentice
				 training program.
2. The following
				 standards are prescribed for an Apprenticeship Program:
a. The employment and training of the
				 apprentice in a skilled trade, craft or 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):
(1) 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.
(2) 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 must still require apprentices to complete an
				 on-the-job learning component of registered apprenticeship. The program
				 standards must 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.
(3) 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.
(4) 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.
c. An
				 outline of work processes in which the apprentice will receive supervised work
				 experience and on-the-job learning, and the allocation of the approximate time
				 to be spent in each major process;
d. Provision for organized, related
				 instruction in technical subjects related to the occupation, including a
				 description of how testing and evaluation will be administered. A minimum of
				 one hundred and forty-four (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. Related and supplemental
				 instruction may be provided in person or via electronic media.
(1) The Sponsor shall provide the following
				 information to be granted approval for the use of electronic media:
(AA) The rationale for implementing the
				 electronic media;
(BB) The type(s)
				 and availability of electronic media to be utilized; and
(CC) A list of the courses, description, and
				 the number of hours required to complete each course being delivered by
				 electronic media.
(2)
				 Every apprenticeship instructor must:
(AA)
				 Meet the Rhode Island Department of Education's requirements for a
				 vocational-technical instructor in Rhode Island 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
(BB) 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.
e. 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;
f. A provision for 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 (25) percent of the length of the program, or one (1)
				 year, whichever is greater;
g.
				 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;
h. A provision
				 that after the probationary period, the Council shall be empowered to terminate
				 an Apprenticeship Agreement upon agreement of the parties thereto; or for good
				 cause on the Council's own motion after giving all parties notice and
				 opportunity to be heard;
i.
				 Adequate and safe equipment and facilities for training and supervision, and
				 safety training for apprentices on the job and in related
				 instruction;
j. Provision for the
				 numeric ratio of apprentices to Journeymen consistent with proper supervision,
				 training, safety, and reasonable continuity of employment, and applicable
				 provisions in collective bargaining agreements. The ratio language shall be
				 specific and clear as to application in terms of jobsite, work force,
				 department, or plant. The initial ratio of apprentice to journeymen is 1-1 and
				 the remaining ratios are set forth in §
												5.17     of this Part and made a
				 part herein and is applicable to all participating employers in each
				 apprenticeable trade, craft, or occupation;
k. The transfer of an apprentice between
				 apprenticeship programs and within an apprenticeship program must be based on
				 agreement between the apprentice and the affected Apprenticeship Committees or
				 program Sponsors, and must comply with the following requirements:
(1) The transferring apprentice must be
				 provided a transcript of related instruction and on-the-job learning by the
				 committee or Sponsor;
(2) Transfer
				 must be to the same occupation;
(3)
				 A new Apprenticeship Agreement must be executed when the transfer occurs
				 between program Sponsors;
(4) The
				 apprentice conforms to the work process contained in the new apprenticeship
				 agreement.
l. Provision
				 for minimum qualifications required by a Sponsor for persons entering the
				 Apprenticeship Program; an apprentice may be sixteen (16) years of age or
				 older, unless a higher minimum age is fixed by law;
m. The granting of advanced standing or
				 credit for demonstrated competency, acquired experience, training, or skills
				 for all applicants equally, with commensurate wages for any progression step so
				 granted;
n. A provision that the
				 employer shall instruct the apprentice in safe and healthy work practices and
				 shall ensure 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 under materials incorporated
				 above at §
												5.2(J)     of
				 this Part, or State standards that have been found to be at least as effective
				 as the Federal standards;
o. 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 this agreement;
p. A provision for periodic evaluation review
				 of the apprentice's progress in job performance and related instruction, and
				 the maintenance of appropriate progress records;
q. A provision of recognition for successful
				 completion of apprenticeship, evidenced by an appropriate
				 certificate;
r. Identification of
				 the Department;
s. A statement that
				 the regular work day or work week for apprentices shall not be greater than
				 those of the Journeymen;
t.
				 Provision for the registration, cancellation, and deregistration of the
				 program, and requirement for the prompt submission of any modification or
				 revision thereto;
u. Provision for
				 registration of apprenticeship Agreements and Revisions, notice to the
				 Department of persons who have successfully completed apprenticeship programs,
				 and notice of transfers, terminations and suspensions of Apprenticeship
				 Agreements and causes therefore;
v.
				 A statement of how the Committee is to be organized and a statement of the
				 functions of the committee are required if the Sponsor is a joint
				 Apprenticeship Committee;
w.
				 Compliance with materials incorporated above at §
												5.2(F)     of
				 this Part, including the equal opportunity pledge prescribed in materials
				 incorporated above at §
												5.2(G)     of
				 this Part; an affirmative action plan complying with materials incorporated
				 above at §
												5.2(H)     of
				 this Part; and a method for the selection of apprentices authorized by
				 materials incorporated above at §
												5.2(I)     of
				 this Part, or compliance with parallel requirements contained in a State plan
				 for equal opportunity in apprenticeship adopted under materials incorporated
				 above at §
												5.2(F)     of
				 this Part 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 materials incorporated
				 above at §
												5.2(F)     of
				 this Part, or, if applicable, an approved State plan for equal opportunity in
				 apprenticeship;
x. Name, address,
				 telephone number, and email address, if applicable, of the appropriate
				 authority under the program to receive, process, and make disposition of
				 complaints;
y. Provision for a
				 participating employer's agreement;
z. All apprenticeship standards must contain
				 articles to comply with Federal laws, regulations and rules pertaining to
				 apprenticeship;
aa. Assurance of
				 qualified training personnel and adequate supervision on the job by a minimum
				 number of journeypersons;
bb.
				 Program standards that utilize the competency-based or hybrid approach for
				 progression through an apprenticeship and that choose to issue interim
				 credentials must:
(1) clearly identify the
				 interim credentials,
(2)
				 demonstrate how these credentials link to the components of the apprenticeable
				 occupation, and
(3) establish the
				 process for assessing an individual apprentice's demonstration of competency
				 associated with the particular interim credential.
(4) Further, interim credentials must 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.
cc.
				 Recording and maintenance of all records concerning apprenticeship as may be
				 required by the Office of Apprenticeship or the Department and other applicable
				 law.