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 16VAC20-21-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Administrator" means the Administrator, Office of
				  Apprenticeship, United States Department of Labor.
"Apprentice" means a person as defined by § 40.1-120 of
				  the Code of Virginia. All registered individuals are considered apprentices by
				  the department until such time as they have either satisfactorily completed the
				  apprenticeship program or have been canceled by the sponsor from the
				  apprenticeship program.
"Apprenticeship agreement" means a written agreement between
				  an apprentice and a program sponsor that meets the criteria as detailed in
				  § 40.1-121 of the Code of Virginia and
				  16VAC20-21-50.
"Apprenticeship committee" or "committee" means those persons
				  designated by the sponsor to administer the program. A committee may be either
				  joint or nonjoint as follows:
1. A
				joint committee is composed of an equal number of representatives of the
				employer or employers and of the employees represented by a bona fide
				collective bargaining agent or agents.
2. A nonjoint committee, which may also be
				known as a unilateral or group nonjoint (which may include employees)
				committee, has employer representatives but does not have a bona fide
				collective bargaining agent as a participant.
"Apprenticeable occupation" means an occupation as defined by
				  § 40.1-120 of the Code of Virginia.
"Cancellation" means the termination of the registration or
				  approval status of a program at the request of the sponsor or termination of an
				  apprenticeship agreement at the request of the apprentice.
"Certificate" or "certification" means documentary evidence
				  that the department has (i) established that an individual is eligible for
				  probationary employment as an apprentice under a registered apprenticeship
				  program, (ii) determined that an apprentice has successfully met the
				  requirements to receive an interim credential, or (iii) determined that an
				  individual has successfully completed the apprenticeship.
"Certificate of registration" means the master agreement or
				  other written indicia of an apprenticeship program registered by the
				  department.
"CFR" means the Code of Federal Regulations.
"Commissioner" means the Commissioner of the Virginia
				  Department of Labor and Industry as defined by § 40.1-2 of the Code of
				  Virginia.
"Competency" means the attainment of manual, mechanical, or
				  technical skills and knowledge, as specified by an occupational standard and
				  demonstrated by an appropriate written and hands-on proficiency
				  measurement.
"Completion rate" means the percentage of an apprenticeship
				  cohort who received a certificate of apprenticeship completion within one year
				  of the projected completion date. An apprentice cohort is the group of
				  individual apprentices registered to a specific program during a one year time
				  frame, except that a cohort does not include the apprentices whose
				  apprenticeship agreement has been canceled during the probation period.
"Construction job site" means new or renovation with an
				  approved building permit, plan of development, contract number, or contractual
				  agreement.
"Coordinator of apprenticeship" means the person designated
				  by the sponsor to perform the duties outlined in the standards of
				  apprenticeship.
"Council" means the Virginia Apprenticeship Council
				  established pursuant to § 40.1-117 of the Code of Virginia.
"Department" means the Virginia Department of Labor and
				  Industry, which shall be the registration agency for federal purposes
				  responsible for (i) registering voluntary programs and apprentices in and for
				  the Commonwealth, (ii) providing technical assistance to such programs and
				  individuals, and (iii) conducting both reviews for compliance with Chapter 6
				  (§ 40.1-117 et seq.) of Title 40.1 of the Code of Virginia and 29 CFR
				  Parts 29 and 30, as well as quality assurance assessments.
"Electronic media" means media that utilize electronics or
				  electromechanical energy for the end user (i.e., audience) to access the
				  content, and includes but is not limited to electronic storage media,
				  transmission media, the Internet, extranet, lease lines, dial-up lines, private
				  networks, and the physical movement of removable/transportable electronic media
				  or interactive distance learning.
"Employer" means an employer as defined by § 40.1-120 of
				  the Code of Virginia.
"Federal purposes" includes (i) any federal contract, grant,
				  agreement or arrangement dealing with apprenticeship and (ii) any federal
				  financial or other assistance, benefit, privilege, contribution, allowance,
				  exemption, preference, or right pertaining to apprenticeship.
"Interim credential" means a credential issued by the
				  department, upon request of the appropriate sponsor, as certification of the
				  competency attainment by an apprentice.
"Journeyworker" means a worker who has attained a level of
				  skill, abilities, and competencies recognized within an industry as having
				  mastered the skills and competencies required for the occupation. Use of this
				  term may also refer to a mentor, technician, specialist, or other skilled
				  worker who has documented sufficient skills and knowledge of an occupation,
				  either through formal apprenticeship or through practical on-the-job experience
				  and formal training.
"Nonconstruction job site" means the physical area within the
				  walls where services are offered. This is the location that is identified on
				  the license issued by the licensing board or the political locality.
"Program" means a written plan for apprenticeship conducted
				  or sponsored by an employer, an association of employers, a joint
				  apprenticeship committee, or an organization of employees that contains all
				  terms and conditions for qualification, recruitment, selection, employment, and
				  training of apprentices, as required under Chapter 6 (§ 40.1-117 et seq.)
				  of Title 40.1 of the Code of Virginia and 29 CFR Parts 29 and 30, including but
				  not limited to the requirement for a written apprenticeship agreement.
"Provisional registration" means the one-year initial
				  provisional approval of newly registered programs that meets the required
				  standards for program registration after which program approval may be made
				  permanent, continued as provisional, or rescinded following a review by the
				  department.
"Quality assurance assessment" means a comprehensive review
				  conducted by the department regarding all aspects of an apprenticeship
				  program's performance, including but not limited to determining if (i)
				  apprentices are receiving on-the-job learning in all phases of the
				  apprenticeable occupation, scheduled wage increases consistent with the
				  registered standards, and related instruction through appropriate curriculum
				  and delivery systems and (ii) the department is receiving notification of all
				  new registrations, cancellations, and completions as required in this
				  chapter.
"Registration agency" means the department that is the
				  recognized state apprenticeship agency that has responsibility for registering
				  apprenticeship programs and apprentices, providing technical assistance, and
				  conducting reviews for compliance with 29 CFR Parts 29 and 30 and quality
				  assurance assessments.
"Registration of an apprenticeship agreement" means the
				  acceptance and recording of an apprenticeship agreement by the department as
				  evidence of the apprentice's participation in a particular registered
				  program.
"Registration of an apprenticeship program" means the
				  acceptance, recordation, or approval by the department as meeting the basic
				  standards and requirements for approval of such program for federal purposes.
				  Approval is evidenced by a certificate of registration or other written
				  indicia.
"Related instruction" means an organized and systematic form
				  of instruction designed to provide the apprentice with the knowledge of the
				  theoretical subjects related to the apprentice's occupation. Such instruction
				  may be given in a classroom, through occupational or industrial courses, or by
				  correspondence courses of equivalent value, electronic media, or other forms of
				  self-study approved by the Apprenticeship Council with the input of the
				  department and the Virginia Community College System.
"Sponsor" means any person, employer, association of
				  employers, joint apprenticeship committee, organization of employees, or other
				  organization under whose auspices a program is operated or is in the process of
				  registration or approval.
"Supervision of apprentices" means direction and oversight of
				  apprentices by any supervisor, foreman, journeyworker, or highly skilled mentor
				  who may be counted as a direct supervisor of an apprentice as long as he is of
				  the same trade or occupation as the apprentice.
"Technical assistance" means guidance provided by department
				  staff in the development, revision, amendment, or processing of a potential or
				  current program sponsor's standards of apprenticeship, apprenticeship
				  agreements, or advice or consultation with a program sponsor to further
				  compliance with this chapter or guidance from the USDOL Office of
				  Apprenticeship to the department on how to remedy nonconformity with 29 CFR
				  Part 29.
"Transfer" means a shift of registration of an apprenticeship
				  agreement from one program to another or from one employer within a program to
				  another employer within that same program, where there is agreement between the
				  apprentice and the affected apprenticeship committees or program
				  sponsors.
"Virginia State Plan for Equal Employment Opportunity in
				  Apprenticeship" means the plan adopted by the Virginia Apprenticeship Council
				  on September 28, 1971, for the purpose of providing equal employment
				  opportunity in apprenticeship and that has been approved by the United States
				  Department of Labor as meeting the requirements of 29 CFR Part 30.
"USDOL" means the United States Department of Labor.
"Work processes" means a defined industry-specific skill set
				  that must be mastered by the apprentice in the work environment during the term
				  of the employed apprenticeship.
Statutory Authority: § 40.1-118 of the Code of
					 Virginia.