Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.02 - Standards

Current through June 24, 2024
(1) The department may adopt statewide or
				local apprenticeship standards covering minimum training requirements,
				procedure in processing apprentice contracts, qualification of applicant
				employers and apprentices, functions of local apprenticeship committees, and
				such other matters as constitute an apprenticeship program in a particular
				trade.
(2) To be eligible for
				approval and registration by the department, an apprenticeship program shall
				conform to all of the following standards:
(a)
				The program shall have an organized, written plan, also referred to as program
				standards, embodying the terms and conditions of employment, training, and
				supervision of one or more apprentices in an apprenticeable occupation, which
				meets the criteria in s.
				DWD
				295.15(2) and is subscribed to by a
				sponsor who has undertaken to carry out the apprentice training program. The
				term of apprenticeship may be measured either through the completion of the
				industry standard for on-the-job learning of at least 2,000 hours, known as the
				time-based approach, the attainment of competency, known as the
				competency-based approach, or a blend of the time-based and competency-based
				approaches, known as the hybrid approach.
(b) The program standards shall contain
				provisions that address all of the following:
1. The employment and training of the
				apprentice in a skilled occupation.
2. For standards using the time-based
				approach, the measurement of 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.
3. For standards using the competency-based
				approach, the measurement of 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.
4. For standards using the hybrid approach,
				the measurement of 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.
5. An outline of the work
				processes in which the apprentice will receive supervised work experience and
				learning on the job, and the allocation of the approximate amount of time to be
				spent in each major process.
6.
				Provision for organized, related, and supplemental instruction in technical
				subjects related to the occupation. A minimum of 144 hours for each year of
				apprenticeship is required. This instruction in technical subjects may be
				accomplished through such media as: Classroom, occupational or industry
				courses, electronic media, or other instruction approved by the department.
				Apprenticeship instructors shall meet the educational and occupational
				requirements of the Wisconsin Technical College System Board, or be a subject
				matter expert, which is an individual, such as a journey worker, who is
				recognized within an industry as having expertise in a specific occupation, and
				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.
7. 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,
				29
				USC 206, or Wisconsin's minimum wage
				law.
8. Periodic review and
				evaluation of the apprentice's performance on the job and in related
				instruction; and the maintenance of appropriate progress records.
9. A numeric ratio of apprentices to journey
				workers 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 shall be specific and clearly described as to
				its application to the job site, workforce, department, or plant.
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 may not
				exceed 25 percent of the length of the program, or 12 months, 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 contract that meets the requirements of ch. 106, Stats. The contract
				shall directly, or by reference, incorporate the standards of the program as
				part of the contract.
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 shall be based on
				agreement between the apprentice and the affected local apprenticeship
				committees or program sponsors and the department, and shall comply with all of
				the following requirements:
a. The
				transferring apprentice shall be provided a transcript of related instruction
				and on-the-job learning by the committee or program sponsor.
b. Transfer shall be to the same
				occupation.
c. A new apprentice
				contract shall 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 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.
19. Identification of
				the department.
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 registration of apprenticeship agreements, modifications, and
				amendments; notice to the department of persons who have successfully completed
				apprenticeship programs; and notice of transfers, unassignments, and
				cancellations of apprentice contracts and a statement of the reasons
				therefor.
22. Authority for the
				cancellation of an apprentice contract during the probationary period by either
				party without stated cause; cancellation during the probationary period shall
				not have an adverse impact on the sponsor's completion rate.
23. Compliance with 29 CFR 30, including the
				equal opportunity pledge prescribed in
				29 CFR
				30.3(c) and in s.
				DWD
				296.03(3); an affirmative action plan
				complying with s.
				DWD
				296.04; and a method for the selection of apprentices
				authorized by s.
				DWD
				296.10, or compliance with parallel requirement
				contained in a state plan for equal opportunity in apprenticeship adopted under
				ch. DWD 296 and approved by the department. The apprenticeship standards shall
				also include a statement that the program shall be conducted, operated and
				administered in conformity with applicable provisions of ch. DWD 296, as
				amended, or, if applicable, an approved state plan for equal opportunity in
				apprenticeship.
Note:
29 CFR
				  30.3(c) reads:
"(1) Each sponsor of an apprenticeship
				program must include in its Standards of Apprenticeship and apprenticeship
				opportunity announcements the following equal opportunity pledge:
[Name of sponsor] will not discriminate against
				  apprenticeship applicants or apprentices based on race, color, religion,
				  national origin, sex (including pregnancy and gender identity), sexual
				  orientation, genetic information, or because they are an individual with a
				  disability or a person 40 years old or older. [Name of sponsor] will take
				  affirmative action to provide equal opportunity in apprenticeship and will
				  operate the apprenticeship program as required under Title 29 of the Code of
				  Federal Regulations, part 30.
(2) The nondiscrimination bases listed in
				this pledge may be broadened to conform to consistent State and local
				requirements. Sponsors may include additional protected bases but may not
				exclude any of the bases protected by this part."
24. Contact information, including name,
				address, telephone number and email address, 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 and other applicable law.