Apprenticeship programs shall be established by written
apprenticeship standards which must be approved by the Chief DAS under Section
212.2. In order to be approved, the
standards must cover all work processes within the apprenticeable occupation.
The standards must contain:
(a) A
statement of:
(1) the occupation(s) and 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
time to be spent in each major process;
(2) the parties to whom the standards apply,
the program sponsor's labor market area, as defined by Section
215 appendix 2(
l),
for purposes of meeting equal employment opportunity goals in apprenticeship
training and the program's geographic area of operation as defined by section
205(n);
(3) the duties of the apprentice;
(4) the apprentice's working conditions
unique to the program;
(5) the
progressively increasing wage, employee benefits and other compensation of the
apprentice, as set by Section
208;
(6) the ratio of apprentices to
journeyworkers, or the number of apprentices to be employed and the method used
to determine the ratio whether by job site, workforce, department or
plant;
(7) the local education
agency which has agreed to provide the related and supplemental instruction,
and a description of the courses to be provided;
(b) Provisions for:
(1) establishment of an apprenticeship
committee, if applicable;
(2)
administration of the standards;
(3) establishment of rules and regulations
governing the program. An apprenticeship program's standards or rules may
provide for a period of probation which may not be for more than the
combination of 1,000 hours of employment and 72 hours of related
instruction;
(4) determining the
qualifications of employers if other than single employer programs and an
orientation, workshop, or other educational session for employers to explain
the apprenticeship program's standards and the operation of the apprenticeship
program;
(5) determining the
qualifications of apprentice applicants and fair and impartial treatment of
applicants for apprenticeship selected through uniform selection procedures,
which shall be an addendum to the standards, pursuant to Section
215;
(6) the incorporation of the provisions of
the standards into the apprentice agreement either directly or by
reference;
(7) a procedure to be
utilized for the recording and maintenance of all records concerning
apprenticeship and otherwise required by law, including a system for recording
the apprentice's current address, worksite job progress, and progress in
related and supplemental instruction, as well as a system for the periodic
review and evaluation of the apprentice's progress in job performance and
related instruction;
(8) discipline
of apprentices for failure to fulfill their obligations on-the-job or in
related instruction, including provisions for fair hearings;
(9) terminating, or recommending the
cancellation of, apprentice agreements in accordance with section
207;
(10) recommending issuance of State
Certificates of Completion of Apprenticeship pursuant to Section
224;
(11) training and supervision, both on the
job and in related instruction, in first aid, safe working practices and the
recognition of occupational health and safety hazards;
(12) training in the recognition of illegal
discrimination and sexual harassment;
(13) approval of the standards, and revisions
to the standards, by the Chief DAS;
(14) an adequate mechanism to be used for the
rotation of the apprentice from work process to work process to assure the
apprentice of complete training in the apprenticeable occupation including
mobility between employers when essential to provide exposure and training in
various work processes in the apprenticeable occupation; and an adequate
mechanism that will be used to provide apprentices with reasonably continuous
employment in the event of a lay-off or the inability of one employer to
provide training in all work processes as outlined in the standards;
(15) the on-going evaluation of the interest
and capacity of individual employers to participate in the apprenticeship
program and to train apprentices on-the-job and provisions for the evaluation
of on-the-job training and related and supplemental instruction;
(16) compliance with training criteria where
such have been adopted pursuant to Section
212.01; and
(17) meaningful representation of the
interests of apprentices in the management of the program, which is shown
where:
(A) In a joint labor-management
sponsored program, the apprentices participating in that program are
represented by a labor organization pursuant to one of the following: National
Labor Relations Act, the Railway Labor Act, the California Public Employee
Relations Act, Agricultural Labor Relations Act, the Meyers-Milias Brown
Act;
(B) In a program sponsored by
more than one employer or an association of employers, the apprentices
participating in that program are at least equally represented on an advisory
panel established by the apprenticeship committee responsible for the operation
of the program. The apprentices shall be represented on the advisory panel by
at least three representatives of the apprentices' choice who shall have full
voice and vote on the panel except as to financial matters or matters that
relate to the administration or structure of an employee benefit plan or the
administration or operation of a trust fund. The representatives of the
apprentices shall be selected by way of a secret ballot election among the
apprentices conducted by the apprenticeship program not less than once every
two (2) years. This advisory panel shall meet not less than once every quarter
to address issues and concerns raised by and affecting the apprentices in the
program.
(c)
For programs in the building and construction trades industry, the procedures
specified in subsection (b)(7) above shall also include systems for
(1) providing to each apprentice, on at least
a semiannual basis, a statement showing the number of hours of on-the-job
training and related and supplemental instruction that the apprentice has
acquired toward graduation, the total number of hours of on-the-job training
and related and supplemental instruction that remain to be completed for
graduation, and the apprentice's expected graduation date; and
(2) submission of apprentices' registration,
change of address, graduation, and termination data to DAS on a monthly basis
in an acceptable electronic format.
(d) The names and signatures of the
parties.
Notes
Cal. Code
Regs. Tit. 8, §
212
1.
Amendment of subsection (c) filed 5-7-75; effective thirtieth day thereafter
(Register 75, No. 19).
2. Amendment of subsection (a)(8) filed
11-5-75; effective thirtieth day thereafter (Register 75, No.
45).
3. Amendment filed 8-15-79; effective thirtieth day thereafter
(Register 79, No. 33).
4. Amendment filed 9-27-82; effective
thirtieth day thereafter (Register 82, No. 40).
5. Amendment of
initial paragraph and subsection (c)(15) filed 8-29-86; effective thirtieth day
thereafter (Register 86, No. 36).
6. Amendment filed 9-6-95;
operative 10-6-95 (Register 95, No. 36).
7. Amendment of section and
NOTE filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).
8.
Amendment of subsections (a)(6) and (b)(7), new subsections (c)-(c)(2),
subsection relettering and amendment of NOTE filed 2-9-2021; operative 4-1-2021
(Register 2021, No. 7). Filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Section
3071, Labor
Code. Reference: Sections
3071,
3073,
3075,
3075.6,
3075.7 and
3078, Labor
Code.
1. Amendment of
subsection (c) filed 5-7-75; effective thirtieth day thereafter (Register 75,
No. 19).
2. Amendment of subsection (a)(8) filed 11-5-75; effective
thirtieth day thereafter (Register 75, No. 45).
3. Amendment filed
8-15-79; effective thirtieth day thereafter (Register 79, No. 33).
4. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82,
No. 40).
5. Amendment of initial paragraph and subsection (c)(15)
filed 8-29-86; effective thirtieth day thereafter (Register 86, No.
36).
6. Amendment filed 9-6-95; operative 10-6-95 (Register 95, No.
36).
7. Amendment of section and Note filed 1-17-2002; operative
2-16-2002 (Register 2002, No. 3).
8. Amendment of subsections (a)(6)
and (b)(7), new subsections (c)-(c)(2), subsection relettering and amendment of
Note filed 2-9-2021; operative 4/1/2021 (Register
2021, No. 7). Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.