(1) Purpose and
Scope. Sections 446.011 and
446.052, F.S., authorize and
direct the Department to develop uniform minimum standards for
preapprenticeship programs in apprenticeable occupations, and to assist
district school boards, college district boards of trustees and registered
apprenticeship program sponsors in the development of preapprenticeship
programs. The primary objective of the preapprenticeship program is to provide
Florida residents with educational and training opportunities to enable them,
upon completion of preapprenticeship training, to obtain entrance into a
registered apprenticeship program, based upon the selection criteria
established by a registered apprenticeship program sponsor.
(2) Definitions. In addition to the
definitions provided in Rule
6A-23.003, F.A.C., the following
definitions are specific to preapprenticeship:
(a) "Preapprentice" means any person sixteen
(16) years of age or over engaged in any course of instruction in the public
school system or elsewhere, which course is registered as a preapprenticeship
program with the Department.
(b)
"Preapprenticeship Agreement" means a written agreement between the
preapprentice and the preapprenticeship program sponsor, containing the terms
and conditions of training and incorporating the registered program standards
as part of the agreement.
(c)
"Preapprenticeship Committee" or committee means the same as the registered
apprenticeship program sponsor's committee, or a group appointed by registered
apprenticeship program sponsor committees, or their designees.
(d) "Preapprenticeship Program" means an
organized course of instruction, in the public school system or elsewhere,
which is designed to prepare a person sixteen (16) years of age or older to
become an apprentice, and which is approved and registered with the Department
and sponsored by a registered apprenticeship program. Registered
preapprenticeship programs shall be part of regular or adult high school
programs when occurring in a public school system.
(e) "Preapprenticeship Sponsor" means
registered apprenticeship program(s) authorized to offer preapprenticeship
training.
(f) "Preapprenticeship
Standards" means the minimum requirements established uniformly for each craft
under which a preapprenticeship program is administered and includes standards
of admission, training goals, training objectives, curriculum outlines,
objective standards to measure successful completion of the preapprenticeship
program, and the percentage of credit that may be given to preapprenticeship
completers upon acceptance into the apprenticeship program.
(3) Eligibility and Procedure for Program
Registration. All preapprenticeship programs must meet the following provisions
to be eligible for registration.
(a) The
preapprenticeship program must be approved by the Department and registered in
accordance with Chapter 446, F.S., and the standards of preapprenticeship
contained in subsection
6A-23.010(4),
F.A.C.
(b) The preapprenticeship
program must be established in an apprenticeable occupation, and be designed to
prepare individuals for entry into registered apprenticeship training programs
and provide training in an apprenticeable occupation.
(c) There must exist reasonable assurance of
employment demand in the occupational area being preapprenticed so as to allow
preapprentices to transition into registered programs of apprenticeship. Demand
occupational areas are those occupations listed in the apprenticeable
occupation list which is accessed at:
http://www.doleta.gov/oa/bul10/Bulletin_2010_30_List_Apprenticeable_Occupations.pdf,
published by the United States Department of Labor.
(d) The preapprenticeship program must
include one or more related apprenticeable occupation categories that can
provide for apprenticeships.
(e)
Each individual preapprenticeship program must be directly sponsored by one (1)
or more registered apprenticeship programs in the same occupation, or in the
case of a multiple occupations sponsor, the same occupations.
(f) Preapprenticeship programs must be
actively training preapprentices within one (1) year of registration. Programs
which go inactive and remain the same (no participants training occurring) for
more than one (1) year shall be canceled.
(g) Any modification(s) or change(s) to
registered standards shall be submitted to the Department through the
appropriate apprenticeship representative.
1.
The Department must make a determination on whether to approve such submissions
within ninety (90) calendar days from the date of receipt.
2. If approved, the modification(s) or
change(s) will be recorded and acknowledged within ninety (90) calendar days of
approval as an amendment to such program.
3. If not approved, the sponsor must be
notified of the disapproval and the reasons therefor and provided the
appropriate technical assistance.
(h) Approved preapprenticeship programs shall
be evidenced by a certificate of registration issued in the name of the
affiliated apprenticeship program sponsor which has administrative
responsibility. Program registrations shall be renewed not less than every five
years.
(4) Standards of
Preapprenticeship. The following standards are prescribed for a
preapprenticeship program:
(a) The program
must be an organized, written plan embodying the terms and conditions of
training, including employment and supervision when on-the-job training is
incorporated.
(b) Registered
program standards shall become part of each registered preapprenticeship
agreement, and each registered preapprentice shall have the right to obtain and
review a copy of the registered program standards, upon request.
(c) Required Safety Practices.
1. All preapprenticeship programs must comply
with the following federal and state laws and regulations:
2. The foregoing laws and regulations are
hereby incorporated into this rule by reference.
(d) The standards must contain the following
provisions:
1. The composition and duties of
the preapprenticeship committee.
2.
OJT is not a requirement of preapprenticeship. When OJT is incorporated into a
program, the training of the preapprentice must be in the occupation
specifically registered for the sponsor by the Department.
3. A term of preapprenticeship established by
the committee and designed to prepare the preapprentice for entry or transition
into a registered apprenticeship training program.
4. Organized related technical instruction in
technical subjects related to the occupation. Provide the name and address of
school, if participant is enrolled in secondary education.
5. If the apprenticeship sponsor includes
earning a high school diploma or equivalent as an entrance requirement,
provision shall be included for this accomplishment.
6. When OJT is incorporated into a program,
the following applies:
a. An outline of work
processes in which the preapprentice will receive supervised work experience
and on-the-job training and allocation of the approximate time to be spent in
each process.
b. In no event shall
the preapprentice wage rate be less than the minimum wage prescribed for in the
Fair Labor Standards Act or by Florida Statutes.
(e) The ratio of preapprentices to
journeyworkers consistent with proper supervision, training, safety, and
continuity of employment or applicable provisions in collective bargaining
agreements, but in ratio of not more than one (1) preapprentice to the
participating employer in each apprenticeable occupation and shall not exceed
two (2) preapprentices, apprentices, or any combination thereof to every three
(3) journeyworkers thereafter in construction related programs.
(f) The ratio of preapprentices/apprentices
to journeyworkers in non-construction programs shall be as established by the
sponsor's committee.
(g) It shall
be the responsibility of the committee to ensure that the allowable ratio of
apprentices/preapprentices to journeyworkers is consistently maintained in the
program as a whole, by each participating employer, and on-the-job
site.
(h) Assurance of qualified
journeyworkers.
(i) A participating
employer's agreement includes:
1. Acceptance
of the program standard;
2.
Agreement to provide immediate notification to the committee of each
preapprentice worksite;
3.
Agreement to provide the committee with the participating employer's current
contact information.
(j)
Maintenance of preapprenticeship records for at least two (2) years following
the individual's date of departure from or completion of the program. In
addition, the Department shall be provided:
1.
The location of program records if records are not maintained on the respective
school campus; and,
2. The
availability of records of the preapprentices on-the-job and related
instruction progress for review by the Department or its apprenticeship
representative upon request.
(k) Instructing the preapprentice in safety
and health related work practices, including assurance that the preapprentice
will be trained in facilities and other environments that are in compliance
with the Occupational Safety and Health Act.
(l) The required minimum qualifications for
students or other individuals entering into the preapprenticeship
program.
(m) The placement of a
preapprentice under a preapprenticeship agreement with the Department.
(q) Termination of the
preapprenticeship agreement for good cause.
(r) A plan for resolving
differences.
(s) Not less than five
(5) business days notice to the preapprentice of any adverse action and cause
therefore, with stated opportunity to the preapprentice for corrective action
during such period.
(t) The
inclusion of an Equal Employment Opportunity Pledge and Affirmative Action
Plan, including:
1. Procedure for
dissemination of program openings and opportunities; and,
2. An approved selection procedure that does
not discriminate against any individual on the grounds of race, color,
religion, sex, national origin, and age.
(u) Provision for registration, cancellation
and deregistration of the program; and the requirement of submission of any
amendment or modification of program standards to the Department through the
appropriate apprenticeship representative.
(v) Provision for notifying the Department of
all actions regarding registered preapprentices.
(w) Provision for requesting issuance of a
preapprenticeship completion certificate from the Department.
(x) Term of preapprenticeship is determined
by the committee and shall be realistic in terms of attainment. It shall not be
less than six (6) months and not exceed two (2) consecutive
years.
(5)
Preapprenticeship Agreement. Preapprentices will be individually registered in
one (1) occupation with an agreement which shall be registered with the
Department.
The preapprenticeship agreement shall contain:
(a) Names and signatures of contracting
parties (preapprentice and sponsor) and the signature of parent or guardian if
the individual is a minor or otherwise ineligible to enter into a contractual
agreement.
(b) The preapprentice's
date of birth and, on a voluntary basis, Social Security number.
(c) Name and address for the program sponsor
and Department.
(d) A statement of
the occupation or craft which the preapprentice is to be taught, and the
beginning date and term (duration) of preapprenticeship.
(e) A statement showing:
1. The number of hours to be spent in related
instruction.
2. The number of hours
to be spent in on-the-job training, if any.
(f) A statement that the agreement can be
canceled for due cause or by mutual consent; and in the case of due cause, a
reasonable opportunity for corrective action may occur upon mutual
agreement.
(g) A reference
incorporating the standards as part of the preapprenticeship agreement as they
exist on the date of agreement.
(h)
A statement that the preapprentice will be afforded Equal Employment
Opportunity in all phases of on-the-job training without discrimination because
of race, color, religion, national origin, sex or age.
(i) The expected completion
date.
(6) Deregistration
of Registered Preapprenticeship Programs.
Deregistration of a program may be effected either upon the
voluntary action of the sponsor by a request for cancellation of the
registration or upon notice by the Department to the sponsor stating cause, and
instituting formal deregistration proceedings in accordance with the following
provisions:
(a) Cancellation by
request of the sponsor. The Department may cancel the registration of a
preapprenticeship program by a written acknowledgement of such request stating,
but not limited to, the following:
1. The
registration is cancelled at sponsor's request and giving the effective date of
such cancellation; and,
2. That,
within fifteen (15) business days of the date of the acknowledgment, the
sponsor must notify all preapprentices of such cancellation and the effective
date; that such cancellation automatically deprives the preapprentice of his or
her individual registration.
(b) Deregistration by the Department.
1. Deregistration proceedings may be
undertaken when the preapprenticeship program is not conducted, operated, or
administered in accordance with the registered standards or the requirements of
Chapter 6A-23, F.A.C.; and,
2.
Where it appears the program is not being operated in accordance with the
registered standards or with the requirements of Chapter 6A-23, F.A.C., the
Apprenticeship Representative shall notify the Department, and the Registration
Officer shall so notify the program sponsor in writing.
3. The notice shall be sent by registered or
certified mail, return receipt requested, shall state the deficiency(ies) and
remedy(ies) required and shall state that the program will be deregistered for
cause unless corrective action is taken within thirty (30) calendar days. Upon
request by the sponsor for good cause, the Department may grant an extension
for another thirty (30) calendar days.
4. During the period for correction, the
sponsor shall be assisted in every reasonable way by the Department.
5. If the required action is not taken within
the allotted time, the Department shall send a notice to the sponsor by
registered or certified mail, return receipt requested, stating the following:
a. This notice is sent pursuant to this
subsection;
b. That certain
deficiencies were called to sponsor's attention and remedial actions
requested;
c. Based upon the stated
cause, the program will be deregistered, unless within twenty-one (21) days of
receipt of this notice, the sponsor requests a hearing in accordance with
Chapter 120, F.S.;
d. If a hearing
is not requested by the sponsor, the program will be automatically
deregistered.
6. If the
sponsor requests a hearing, the request shall be handled in conformity with
Chapter 120, F.S.
7. Every order of
deregistration shall contain a provision that the sponsor shall, within fifteen
(15) business days of the effective day of the order, notify all registered
preapprentices and participating employers of the deregistration of the
program, the effective date, and that such action automatically deprives the
preapprentice of his/her individual registration.
8. Every order of deregistration shall
contain a provision that the Sponsor shall, within fifteen (15) business days
of the effective day of the order, notify all registered preapprentices and
participating employers of the deregistration of the program, the effective
date, and that such action automatically deprives the preapprentice of his/her
individual registration.
(7) Reinstatement of Program Registration.
Any preapprenticesip program deregistered pursuant to this rule may be
reinstated upon presentation of adequate evidence that the preapprenticeship
program is operating in accordance with the requirements of Chapter 6A-23,
F.A.C. Such evidence shall be presented to the Registration Officer if the
sponsor has not requested a hearing or to the Department if an order of
deregistration was entered pursuant to a hearing.
(8) Program Completers.
(a) The sponsor of an apprenticeship program
shall give primary consideration for admission to persons who complete the
sponsor's preapprenticeship program.
(b) The preapprenticeship completers who
enter an apprenticeship program shall be exempted from repeating any related
course of instruction, if the completer passes a competency examination.
Exemptions shall be determined based upon the standards established by the
registered apprenticeship program sponsor.