Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 20 - APPRENTICESHIP COUNCIL › Chapter 21 - REGULATIONS GOVERNING THE ADMINISTRATION OF APPRENTICESHIP PROGRAMS IN THE COMMONWEALTH OF VIRGINIA › Section 16VAC20-21-50 - Standards of apprenticeship programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. To be eligible for approval and
				registration by the department, an apprenticeship program must have an
				organized written plan (i.e., specific program standards) embodying the terms
				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 program
				standards in the written plan must contain provisions that address:
1. The employment and training of the
				apprentice in a skilled occupation.
2. 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).
a. 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.
b. 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.
c. 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.
d. 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.
3. 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.
4. Organized, related instruction in
				technical subjects related to the occupation. 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.
				Every apprenticeship instructor must:
a. Meet
				the Virginia Community College System requirements for an
				apprenticeship-related instruction instructor, or be a subject matter expert,
				who is an individual, such as a journeyworker, who is recognized within an
				industry as having expertise in a specific occupation; and
b. 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.
5. A progressively increasing
				schedule of wages to be paid to the apprentice consistent with the skill
				acquired. The entry wage must not be less than the minimum wage prescribed by
				the Fair Labor Standards Act ( 29 USC § 206(a)(1) ), where applicable,
				unless a higher wage is required by another federal or state statute, by
				regulation, or by a collective bargaining agreement.
6. Periodic review and evaluation of the
				apprentice's performance on the job and in related instruction, and the
				maintenance of appropriate progress records.
7. A numeric ratio of apprentices to
				journeyworkers consistent with 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 must be specific and clearly
				described as to its application to the job site, workforce, department, or
				plant.
8. Provisions concerning the
				ratio of apprentices to journeyworkers.
a. The
				minimum numeric ratio of apprentices to journeyworkers shall be 1:1 except as
				noted in subdivision 9 of this subsection. As part of their apprenticeship
				standards, individual program sponsors shall propose a ratio of apprentices to
				journeyworkers consistent with (i) proper supervision training, safety, and
				continuity of employment; (ii) applicable provisions in collective bargaining
				agreements; and (iii) applicable requirements of recognized licensing boards or
				authorities.
b. The department will
				review and approve all ratio proposals based on the explanation and
				justification provided by each program sponsor. Consideration will be given,
				but not limited to, the following factors:
(1) Evidence of ability to assure proper
				supervision, training, safety, and continuity of employment under the proposed
				ratio;
(2) The specific nature of
				the industry and occupation involved;
(3) Proposed hiring or upgrading of
				minorities, females, older workers, dislocated workers, ex-offenders, the
				handicapped, and veterans; or
(4)
				Evidence of ability to train under the proposed ratio.
If a ratio proposal is disapproved by the department, the
				  sponsor may appeal the decision in writing to the council. The decision of the
				  council shall be final.
9. Provisions concerning Davis-Bacon job
				sites.
a. Apprenticeship ratio on Davis-Bacon
				job sites. Effective July 1, 1993, the minimum numeric ratio of apprentices to
				journeyworkers for individual program sponsors and for individual contractors
				signatory to joint and nonjoint apprenticeship programs performing work under
				the Davis-Bacon Act ( 40 USC § 3141 et seq.) and related federal
				prevailing wage laws shall be job site specific and shall be as follows:
(1) One apprentice to the first journeyworker
				(1:1).
(2) Two apprentices to the
				first two journeyworkers (2:2).
(3)
				Two apprentices to the first three journeyworkers (2:3).
(4) Two apprentices to the first four
				journeyworkers (2:4).
(5) Two
				apprentices to the first five journeyworkers (2:5).
(6) Three apprentices to the first six
				journeyworkers (3:6).
(7) One
				additional apprentice for each two journeyworkers thereafter (3:7, 4:8, 5:10,
				5:11, 6:12, etc.).
The ratio for service trucks on Davis-Bacon job sites shall
				  be one apprentice to one journeyworker.
Bids submitted for Davis-Bacon work on or after July 1, 1993,
				  must observe the minimum ratio requirements.
These ratio provisions shall apply until either the Congress
				  of the United States or the USDOL mandates different or uniform ratios for
				  Davis-Bacon work.
b. Other requirements related to Davis-Bacon
				job sites. Sponsors shall notify the department within 30 days of receipt of a
				citation alleging a violation of the Davis-Bacon Act affecting any apprentice.
				The notice must be in a form specified by the policies of the department.
				Failure to report citations shall be an omission for which the department may
				consider requiring a remedial action plan or deregistration of the sponsor's
				program.
The department may deregister sponsors who receive final
				  orders of the USDOL or the courts confirming willful or repeated violations of
				  the Davis-Bacon Act affecting registered apprentices.
10. 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 25% of the length of the program or one year, whichever is
				shorter.
11. Adequate and safe
				equipment and facilities for training and supervision, and safety training for
				apprentices on the job and in related instruction.
12. The minimum qualifications required by a
				sponsor for persons entering the apprenticeship program, with an eligible
				starting age not less than 16 years.
13. The placement of an apprentice under a
				written apprenticeship agreement that meets the requirements of applicable
				federal or state statutes or regulation of the department. The agreement must
				directly or by reference incorporate the standards of the program as part of
				the agreement.
14. 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.
15.
				The transfer of an apprentice between apprenticeship programs and within an
				apprenticeship program, which must be based on agreement between the apprentice
				and the affected apprenticeship committees or program sponsors and must comply
				with all of the following requirements:
a. The
				transferring apprentice must be provided a transcript of related instruction
				and on-the-job learning by the committee or program sponsor.
b. Transfer must be to the same
				occupation.
c. A new apprenticeship
				agreement must be executed when the transfer occurs between program
				sponsors.
16. Assurance
				of qualified training personnel and adequate supervision on the job.
17. Recognition for successful completion of
				apprenticeship evidenced by an appropriate certificate issued by the
				department.
18. Program standards
				that utilize the competency-based or hybrid approach for progression through an
				apprenticeship and that choose to issue interim credentials, which must (i)
				clearly identify the interim credentials, (ii) demonstrate how these
				credentials link to the components of the apprenticeable occupation, and (iii)
				establish the process for assessing an individual apprentice's demonstration of
				competency associated with the particular interim credential. 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.
19. Identification of
				the department as the registering agency.
20. 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.
21. Provision for the
				registration of apprenticeship agreements modifications and amendments; notice
				to the department 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.
22. The 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.
23. Compliance with 29 CFR Part 30, including
				the equal opportunity pledge prescribed in 29 CFR 30(b); an affirmative action
				plan complying with 29 CFR
				30.4; and a method for the selection of
				apprentices authorized by 29
				CFR 30.5, or compliance with parallel
				requirements contained in a state plan for equal opportunity in apprenticeship
				adopted in conformity with 29 CFR Part 30 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 29 CFR Part 30, as amended, or, if applicable, an approved state plan for
				equal opportunity in apprenticeship.
24. Contact information, including name,
				address, telephone number, and email address if appropriate, for the
				appropriate individual with authority under the program to receive, process,
				and make disposition of complaints.
25. Recording and maintenance of all records
				concerning apprenticeship as may be required by the department or by
				law.