7 CCR 1108-1.5 - Standards, Criteria, and Requirements for Apprenticeship Program Registration and/or Approval

A. Eligibility and procedure for registration of an apprenticeship program.

1. Sponsor duties and submission. Any person or organization seeking to register an apprenticeship program shall submit all required documents to the SAA for consideration and approval.

a. A sponsor may apply to register an apprenticeship with the SAA. A sponsor is responsible for meeting the eligibility requirements outlined in this Section 1.5(A) (2).

b. A sponsor of a registered apprenticeship is responsible for the administration and supervision of on-the-job learning and related instruction for each apprentice in the registered apprenticeship.

2. Program Eligibility. To be eligible for SAA registration, an apprenticeship program or agreement must meet all of the following:

a. Conform with the standards set forth in 29 CFR 29.5 and article 15.7, title 8 of the C.R.S. and the Department's regulations and applicable state employment and training laws and regulations.

b. Conform with the Equal Employment Opportunity in Apprenticeship and Training in 29 CFR Part 30 , as amended, Colorado's State Plan for Equal Opportunity in Apprenticeship in this Rule 1.6 , and applicable state laws and regulations impacting Equal Employment Opportunity.

c. Be in an apprenticeable occupation having the characteristics set forth in 29 CFR 29.4 and Section B. of this Rule.

3. Application Components. The SAA may provide technical assistance to all potential sponsors upon their request in compiling any or all elements of their application. Each application for a registered apprenticeship program shall provide, at a minimum:

a. Verification of the company's existing workforce

b. Apprentice supervision. Each registered apprenticeship program shall identify a numeric ratio of apprentices to journeyworkers for the workforce that complies with 29 CFR 29.5(b)(7).

c. Apprenticeable occupation. Verification of the training is in an apprenticeable occupation having the criteria and requirements set forth in Section B. of this Rule d. On-the-job Learning and Related Instruction. An organized plan for meeting each of the program standards required by Section C. of this Rule.

e. Apprenticeship Agreement. A copy of the Apprenticeship Agreement defined in Rule 1.3.

f. The SAA may, in partnership with relevant state agencies, incorporate additional elements into the application to reduce duplication of postsecondary program approval.

g. The SAA may incorporate additional elements into the application for state purposes to align requirements to ease administrative burden or coordinate with partner programs where appropriate, as long as any additions conform with 29 CFR Parts 29 and 30.

i. The option to participate in the Eligible Training Provider List.

ii. The option to express interest in GI BillT Benefits for referral to the Office of Veterans Education and Training.

iii. The option for referral and communications with federal, state, and local partners to align registered apprenticeship related grants, funding, and related federal and state partner programs.

iv. The option to coordinate with appropriate state partners, institutions of higher education, local education agencies, and/or relevant qualified intermediaries regarding credit for prior learning, related instruction plans, finding additional related instruction partners, and credentialing.

v. The option for referral to Equal Employment Opportunity partners and/or qualified intermediaries for assistance with recruitment services.

h. Sponsor intent to file as one of the following:

i. Single employer, participating in a collective bargaining agreement (joint);

ii. Single employer, not participating in a collective bargaining agreement (non-joint);

iii. Multi-employer, joint; or

iv. Multi-employer, non-joint.

4. Apprentice Registration. Apprentices must be individually registered under a registered program. Such individual registration may be triggered by:

a. Filing copies of each individual Apprenticeship Agreement with the SAA; or

b. Subject to prior OA or recognized SAA approval, filing a master copy of such agreement followed by a listing of the name, and other required data, of each individual when apprenticed.

5. Probationary Period. Names of apprentices in the probationary period must be submitted within 45 days of the program start date to the SAA for certification to establish the apprentice as eligible for such probationary period.

6. Changes to Apprenticeship Agreements. The SAA must be notified by the sponsor within 45 days of apprentices who have successfully completed apprenticeship programs, or transfers, suspensions, and cancellations of Apprenticeship Agreements and a statement of the reasons.

7. Program Certification

a. The SAA may conduct a worksite analysis prior to any decision to approve a registered apprenticeship program. The analysis shall identify any prior or existing state or federal violations that affect workers.

b. Each registered apprenticeship program shall set forth in writing: a statement that the program will be conducted in compliance with Equal Employment Opportunity in Apprenticeship Training, adopted pursuant to 29 CFR Part 30 ; an equal opportunity pledge: and when applicable, an affirmative action program and selection method that complies with 29 CFR Part 30.

c. The SAA may, in partnership with relevant state agencies, incorporate additional elements into the certification process to reduce duplication of postsecondary program approval.

d. Group (multi-employer programs) have an additional review prior to registration:

i. Multi-employer programs must demonstrate an alignment between their on-the-job learning component, employer demand, and apprentice enrollment prior to registration.

ii. Programs participating in Collective Bargaining Agreements (Single or Multi-employer Joint Programs). Under a program proposed for registration by an employer or employers' association, where the standards, collective bargaining agreement or other instrument provides for participation by a union in any manner in the operation of the substantive matters of the registered apprenticeship program, and such participation is exercised, written acknowledgement of union agreement or no objection to the registration is required. Where no such participation is evidenced and practiced, the employer or employers' association must simultaneously furnish to an existing union, which is the collective bargaining agent of the employees to be trained, a copy of its application for registration and of the apprenticeship program. The SAA must provide for receipt of union comments, if any, within 45 days before final action on the application for registration and/or approval.

iii. Multi-employer programs without a Collective Bargaining Agreement (Non-Joint). Where the employees to be trained have no collective bargaining agreement, an apprenticeship program may be proposed for registration by an employer or group of employers, or an employer association.

e. The SAA will issue certificates of registration to approved sponsors of operating (active) registered apprenticeship programs.

8. Provisional Approval.

a. All new registered apprenticeship programs shall be under provisional approval for a period of one (1) year. A quality assessment review of the program shall be conducted by the SAA after the one-year mark to determine conformity. At that time, the registration approval of the program in conformity may be made permanent or continue to be provisionally approved through the first full training cycle. A program not in operation or not conforming during the provisional approval period may be recommended for deregistration procedures.

b. Programs in provisional status upon the transition to the SAA will remain in provisional status and have one (1) year from the date of July 1, 2023 for a provisional review to determine conformity. At that time, the registration approval of the program in conformity may be made permanent or continue to be provisionally approved through the first full training cycle. A program not in operation or not conforming during the provisional approval period may be recommended for deregistration procedures.

c. The SAA may, in partnership with relevant state agencies, incorporate additional elements into the provisional quality assurance process for the purposes of reducing duplication of postsecondary program approval.

9. Permanent registration. The SAA must review all programs for quality and for conformity with this rule at the end of the first full training cycle. A satisfactory review of a provisionally approved program will result in conversion of provisional approval to permanent registration. Programs in permanent status upon the transition to the SAA will have two (2) years from the date of July 1, 2023 for an initial review to determine conformity. Subsequent reviews must be conducted no less frequently than every 5 years. Programs not in operation or not conforming to the regulations must be recommended for deregistration procedures.

10. Program Modifications.

a. Any sponsor proposals or applications for modification(s) or change(s) to registered programs must be submitted to the SAA.

b. To meet the standards for review, any modifications must meet the same standards as new programs established under this Rule and subsequent Standards set by federal and state law or guidance.

i. If the change is an addition of employers, the SAA may conduct a worksite analysis to identify any prior or existing state or federal violations that affect workers. If not approved, the sponsor must be notified of the disapproval and the reasons therefore and provided the appropriate technical assistance.

ii. If the modification impacts the related instruction, the related instruction must meet the minimum requirements for related instruction providers and instruction.

iii. If the modifications impact interim credentials or certificate of completion, the sponsor must review the work process and related instruction to meet the competencies and/or hours to meet the requirements of the credential, and any state or federal regulations regarding registered apprenticeship credentialing.

iv. Wage schedule modifications.

I. Voluntary wage schedule modifications will not be approved if they violate federal, state, or local wage laws.

II. Mandatory modifications to wage schedules based on changes to state and local wage laws. The SAA is responsible for notifying sponsors of changes to federal state and local policies, initiating the wage schedule adjustment process for impacted programs, and providing technical assistance. Sponsors are required to adjust the wage schedule for new and existing employers to comply with updated standards. The SAA must follow state and local guidance on the timeline for modification of wage standards regarding impacted programs.

c. The SAA must make a determination on whether to approve such submissions within 90 days from the date of receipt. If approved, the modification(s) or change(s) will be recorded and acknowledged within 90 days of approval as an amendment to such program. If not approved, the sponsor must be notified of the disapproval and the reasons therefore and provided the appropriate technical assistance.

d. The state Office is responsible for coordinating internal review of functions within the Department impacting minimal Standards of Apprenticeship quality assurance, inclusive of state and federal policies regarding labor standards.

B. Criteria for apprenticeable occupations.

1. An apprenticeable occupation is one specified by an industry that involves the progressive attainment of skills, competencies, and knowledge that are:

a. clearly identified and commonly recognized throughout the relevant industry or occupation;

b. customarily learned or enhanced in a practical way through a structured, systematic program of on-the-job, supervised learning and related instruction to supplement the learning; and

c. offered through a time-based, competency-based, or hybrid (blend of time-based and competency-based) model that the Director has determined meets the requirements of title 8, article 15.7 of the C.R.S. and 29 CFR Parts 29 and 30.

2. A time-based model requires the completion of at least 2,000 hours of on-the-job learning.

C. Colorado Standards of registered apprenticeship.

An apprenticeship program, to be eligible for approval and registration by the SAA, must conform to the following standards:

1. The program must have an organized, written plan (program standards) embodying the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation and subscribed to by a sponsor who has undertaken to carry out the apprentice training program.

2. The program standards must contain provisions that address:

a. The employment and training of the apprentice in a skilled occupation.

b. The term of registered 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).

i. 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.

ii. 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.

iii. 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.

iv. The determination of the appropriate approach for the program standards is made by the program sponsor, subject to approval by the SAA of the determination as appropriate to the apprenticeable occupation for which the program standards are registered.

c. 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.

d. Provision for organized, related instruction in technical subjects related to the occupation. A minimum of 144 hours for each year of registered apprenticeship is recommended. Related instruction may be delivered in a live classroom, or in a virtual or hybrid format using electronic media provided:

i. The delivery of related instruction to all apprentices enrolled in the program via electronic means is administratively feasible

ii. The use of electronic media by the program sponsor to deliver related instruction is not inconsistent with the current version of the program's Standards or its Work Process Schedule (WPS);

e. Every apprenticeship instructor must:

i. Meet the Colorado Department of Education's requirements for a technical education instructor in the State of registration, 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

ii. Have training in teaching techniques and adult learning styles, which may occur before or after the apprenticeship instructor has started to provide the related instruction.

iii. If applicable, the instructor must meet the instructor requirements of state recognized institutions of higher education, which may also include additional requirements through the Colorado Community College System and the Colorado Department of Education. Institutions of higher education must be authorized to operate in the state by the Colorado Department of Higher Education, and meet the institutional or program accrediting standards, as required by law. Sponsors partnering with approved programs do not need to seek additional approval of individual instructors, unless institutional partners change.

f. 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 highest applicable minimum wage prescribed by the Fair Labor Standards Act, by Colorado or (to the extent applicable) local statutes or rules, or by collective bargaining agreement.

g. Periodic review and evaluation of the apprentice's performance on the job and in related instruction; and the maintenance of appropriate progress records.

h. 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.

i. A probationary period reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of registered apprenticeship. The probationary period cannot exceed 25 percent of the length of the program, or 1 year, whichever is shorter. During the probationary period, either party may cancel the Apprenticeship Agreement without stated cause, and such cancellation will not have an adverse effect on the sponsor's completion rate.

j. Adequate and safe equipment and facilities for training and supervision, and relevant safety training for apprentices on the job and in related instruction.

k. Each registered apprenticeship program shall provide for the placement of each apprentice under a written registered Apprenticeship Agreement that meets the requirements of this document and is approved by the SAA. The agreement must directly or by reference incorporate the standards of the program as part of the agreement.

i. The names of persons in the probationary period as an apprentice under an apprenticeship program registered by the Office of Apprenticeship or the SAA, if not individually registered under such program, must be submitted within 45 calendar days of the program start date to the SAA for certification to establish the apprentice as eligible for such probationary period.

ii. For programs for which the on-the-job learning occurs first, the sponsor is responsible for:

I. Ensuring the apprentice is under an Apprenticeship Agreement within 45 days of the start of employment. iii. For programs for which related instruction occurs first, the sponsor is responsible for:

I. Securing adequate on-the-job learning placements prior to enrolling apprentices;

II. Ensuring that before the time of enrollment and incurring costs associated with the program, the apprentice has a copy of the Apprenticeship Standards, information on available on-the-job learning placements, and understands any provisions related to continuing to on-the-job learning (e.g. successful completion of coursework); and

III. Ensuring the apprentice is under an Apprenticeship Agreement or in probationary status within 45 days of the start of related instruction.

l. 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.

m. The transfer of an apprentice between apprenticeship programs and within a registered 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:

i. The transferring apprentice must be provided a transcript of related instruction and on-the-job learning by the committee or program sponsor;

ii. Transfer must be to the same occupation or, if not the same occupation, through a reasonable transcript analysis for equivalency of related instruction, interim credentials and/or on-the-job learning; and

iii. A new Apprenticeship Agreement must be executed when the transfer occurs between program sponsors.

n. Assurance of qualified training personnel and adequate supervision on the job.

o. In licensed occupations, apprentices in registered apprenticeship programs shall be employed by licensed contractors. Apprenticeships in licensed occupations must prepare the apprentice for qualifications for licensure and maintain the administrative requirements of the appropriate oversight body of that occupation. The SAA may coordinate with the appropriate agencies in the quality assurance review process to reduce employer or sponsor administrative burden and maintain worker protections.

p. Each apprenticeship program shall provide recognition of successful completion of a registered apprenticeship to the apprentices as evidenced by the appropriate certificate issued by the SAA.

q. Program standards that utilize the competency-based or hybrid approach for progression through a registered apprenticeship and that choose to issue interim credentials must 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 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.

r. Each registered apprenticeship program shall identify the Colorado SAA as the Registration Agency.

s. Apprenticeship program sponsors must promptly submit and obtain the approval of the SAA for any modification or amendment to a registered program and provide for the registration, cancellation, and deregistration of the program. The SAA will make a determination on whether to approve such modifications or changes within 90 calendar days from the date of receipt. If approved, the modifications or changes will be recorded and acknowledged within 90 calendar days of approval as an amendment to the program. If not approved, the sponsor will be notified of the disapproval and the reasons and provided with the appropriate technical assistance.

t. Providing notice to the SAA of persons who have successfully completed the registered apprenticeship program, and notice of transfers, suspensions and cancellations of Apprenticeship Agreements and a statement of the reasons.

u. 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.

v. Compliance with 29 CFR Part 30 , including the equal opportunity pledge prescribed in 29 CFR 30.3(c); an affirmative action program complying with 29 CFR 30.4; and a method for the selection of apprentices complying with 29 CFR 30.10, or compliance with parallel requirements contained in the State plan for equal opportunity in apprenticeship adopted under 29 CFR part 30 and approved by the OA. 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.

w. Each registered apprenticeship program shall provide contact information (name, address, telephone number, and e-mail if appropriate) for the appropriate individual with authority under the program to receive, process and make disposition of complaints.

x. Each registered apprenticeship program shall provide that the sponsor shall maintain all records concerning registered apprenticeship as may be required by the SAA and other applicable law, including appropriate progress records, for not less than five (5) years, and that the sponsor shall make such records available to the SAA upon request.

y. Each registered apprenticeship program sponsor shall identify a point of contact and complete disclosure regarding information to be publicly released in the annual Apprenticeship Resource Directory required by C.R.S. 8-83-308, as amended.

D. Registered Apprenticeship Program Performance Standards.

1. Every registered apprenticeship program must have at least one registered apprentice, except for the following specified periods of time, which may not exceed 1 year:

a. Between the date when a program is registered and the date of registration for its first apprentice(s); or

b. Between the date that a program graduates an apprentice and the date of registration for the next apprentice(s) in the program.

2. The SAA must evaluate performance of registered apprenticeship programs.

a. The tools and factors to be used must include, but are not limited to:

i. Quality assurance assessments;

ii. Equal Employment Opportunity (EEO) Compliance Reviews; and

iii. Completion rates.

b. Any additional tools and factors used by the SAA in evaluating program performance must adhere to guidance issued by the SAA and in conformity with regulations promulgated by the Secretary under the National Apprenticeship Act, 29 U.S.C. 50.

c. The SAC may advise the SAA on administrative policies that ensure the safety and quality of registered apprenticeship programs and address, as warranted, the related needs of Colorado's businesses, the labor workforce, and communities.

3. In order to evaluate completion rates, the SAA must review a program's completion rates in comparison to the national average for completion rates. Based on the review, the SAA must provide technical assistance to programs with completion rates lower than the national average.

4. Cancellation of Apprenticeship Agreements during the probationary period will not have an adverse impact on a sponsor's completion rate.

Notes

7 CCR 1108-1.5

46 CR 11, June 10, 2023, effective 6/30/2023