12- 181 C.M.R. ch. 1, § 5 - Standards of Apprenticeship

An apprenticeship program to be eligible for approval and registration by the Maine Apprenticeship Program shall conform to the following standards:

A. The program must have an organized, written plan embodying the terms and conditions of employment, training, and supervision of one or more apprentices in the apprenticeable occupation, as defined in Chapter 37 and this regulation, and subscribed to by a sponsor who has undertaken to carry out the apprentice training program.

B. The program standards must contain provisions that address:

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

2. The term of 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) as defined in MRS Title 26, Chapter 37 section 3203.

3. An outline of 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;

4. Provision for organized, related instruction in technical subjects related to the occupation.

i. A statement of the number of hours to be spent in related instruction which shall not be less than the statutory minimum number of hours per year (144 hours for each year of apprenticeship). This instruction in technical subjects may be accomplished through media such as classroom, occupational or industrial courses, electronic media, or other instruction approved by the Maine Apprenticeship Program. Every apprenticeship instructor must:

ii. Meet the State Department of Education's requirement for a vocational technical instructor in Maine, 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

iii. 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.

5. A statement that apprentices shall be at least sixteen years of age, with the exception of a higher age requirement which the Bureau has determined applicable in accordance with the State and Federal Child Labor Laws;

6. A statement of the progressively increasing scale of wages to be paid the apprentice consistent with the skill acquired, the entry wage to be not less than the minimum wage prescribed by the Federal and State Labor Standards Acts, where applicable, unless a higher wage is required by other applicable Federal law, State law, respective regulations, or by collective bargaining agreement;

7. A provision for probationary period reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of apprenticeship;

8. A provision that during the period of probation, the Maine Apprenticeship Program shall be directed to terminate an apprenticeship agreement the request in writing of any party thereto;

9. A provision that after the probationary period, the Maine Apprenticeship Program shall be empowered to terminate an apprenticeship agreement upon agreement of the parties thereto, or for good cause after giving all parties notice and opportunity to be heard;

10. Provision that the services of the Committee may be utilized for consultation regarding the settlement of differences arising out of apprenticeship agreement and where the differences cannot be adjusted locally, or in accordance with the established trade procedure, and any such differences which cannot be amicably settled by the parties may be submitted to the Bureau for final decision:

11. Provision for the numeric ratio of apprentice to journeymen consistent with proper supervision, training, safety, and reasonable continuity of employment, and applicable provisions in collective bargaining agreements, in relation to which a ratio of one apprentice for the first journey man regularly employed and one apprentice for each subsequent three journeymen regularly employed by a participating employer in each apprenticeable occupation be established. The Maine Apprenticeship Program shall have the authority to waive the above ratio in those circumstances in which it may deem such action warranted. All requests for waivers shall be made in writing to the Maine Apprenticeship Program

12. Provision for transfer of employer's training obligation when the employer is unable to fulfill the obligation under the apprenticeship agreement to another employer under the same program with the consent of the apprentice and Maine Apprenticeship Program or program sponsor, with full credit to the apprentice for satisfactory time and training earned;

13. Provision for minimum qualifications required by a sponsor for persons entering the apprenticeship program;

14. Provision for granting of an advanced standing or credit for previously acquired experience, training, or skills for all applicants equally, with commensurate wages for any progression step so granted;

15. A provision that the employer shall instruct the apprentice in safe and healthful work practices and shall insure that the apprentice is trained in facilities and other environments that are in compliance with either the occupational safety and health standards promulgated by the Secretary of Labor under Public Law 91-596, or State standards that have been found to be at least as effective as the Federal standards;

16. A provision for the placement of an apprentice under a written apprenticeship agreement, which shall directly, or by reference, incorporate the standards of the program as part of the agreement;

17. A provision for periodic review and evaluation of the apprentice's progress in job performance and in related instruction, and the maintenance of appropriate progress records;

18. A provision of recognition for successful completion of apprenticeship evidenced by an appropriate certificate;

19. Identification of the registration agency;

20. A statement that the regular workday or work week for apprentices shall not be greater than those of the journey workers;

21. Provision for the registration, cancellation and deregistration of the program and requirement for the prompt submission of any modification or revision thereto;

22. Provision for registration of apprenticeship agreements and revisions, notice to the Maine Apprenticeship Program of persons who have successfully completed apprenticeship programs, and notice of terminations and suspensions of apprenticeship agreements and causes therefore;

23. A statement of how the committee is to be organized and a statement of the functions of the committee are required if the program sponsor is a joint apprenticeship committee;

24. 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 a State plan for equal opportunity in apprenticeship adopted under 29 CFR part 30 and approved by the Department. 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. A statement containing the equal opportunity pledge prescribed as follows:

[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.

25. Name and address of the appropriate authority under the program to receive, process, and make disposition of complaints;

26. Provision for a participating employer's agreement; and

27. All apprenticeship standards must contain articles to comply with Federal laws, regulations and rules pertaining to apprenticeship.

Notes

12- 181 C.M.R. ch. 1, § 5