12-181 C.M.R. ch. 2, § 12 - Recordkeeping
a.
General
obligation. Each sponsor must collect such
data and maintain such records as the Maine Apprenticeship Program finds
necessary to determine whether the sponsor has complied or is complying with
the requirements of this part. Such records must include, but are not limited
to records relating to:
1. Selection for
apprenticeship, including applications, tests and test results, interview
notes, bases for selection or rejection, and any other records required to be
maintained under UGESP;
2. The
invitation to self-identify as an individual with a disability;
3. Information relative to the operation of
the apprenticeship program, including but not limited to job assignments in all
components of the occupation as required under Federal regulations §
29.5(b)(3), promotion, demotion, transfer, layoff, termination, rates of pay,
other forms of compensation, conditions of work, hours of work, hours of
training provided, and any other personnel records relevant to EEO complaints
filed with the Maine Apprenticeship Program under section 2.14 of this Chapter,
or with other enforcement agencies;
4. Compliance with the requirements of
section 2.3 of this Chapter;
5.
Requests for reasonable accommodation; and 6. Any other records pertinent to a
determination of compliance with these regulations, as may be required by the
Maine Apprenticeship Program.
b.
Sponsor identification of
record. For any record the sponsor maintains
pursuant to this part, the sponsor must be able to identify the race, sex,
ethnicity (Hispanic or Latino/non-Hispanic or Latino), and when known,
disability status of each apprentice, and where possible, the race, sex,
ethnicity, and disability status of each applicant to apprenticeship and supply
this information upon request to the Maine Apprenticeship Program.
c.
Affirmative action
programs. Each sponsor required under section 2.4 to develop
and maintain an affirmative action program must retain both the written
affirmative action plan and documentation of its component elements set forth
in sections 2.5, 2.6, 2.7, 2.8, 2.9, and 2.11 of this Chapter.
d.
Maintenance of
records. The records required by this part and any other
information relevant to compliance with these regulations must be maintained
for five (5) years from the date of the making of the record or the personnel
action involved, whichever occurs later, and must be made available upon
request to the Maine Apprenticeship Program in such form as the Maine
Apprenticeship Program may determine is necessary to enable it to ascertain
whether the sponsor has complied or is complying with this part. Failure to
preserve complete and accurate records as required by paragraphs (a), (b), and
(c) of this section constitutes noncompliance with this part.
e.
Confidentiality and use of
medical information.
1. Any
information obtained pursuant to this part regarding the medical condition or
history of an applicant or apprentice must be collected and maintained on
separate forms and in separate medical files and treated as a confidential
medical record, except that:
i. Supervisors
and managers may be informed regarding necessary restrictions on the work or
duties of the applicant or apprentice and necessary accommodations;
ii. First aid and safety personnel may be
informed, when appropriate, if the disability might require emergency
treatment; and iii. Government officials engaged in enforcing this part, the
laws administered by OFCCP, or the ADA, must be provided relevant information
on request.
2.
Information obtained under this part regarding the medical condition or history
of any applicant or apprentice may not be used for any purpose inconsistent
with this part.
f.
Access to records. Each sponsor must permit
access during normal business hours to its places of business for the purpose
of conducting on-site EEO compliance reviews and complaint investigations and
inspecting and copying such books, accounts, and records, including electronic
records, and any other material the Maine Apprenticeship Program deems relevant
to the matter under investigation and pertinent to compliance with this
Chapter. The sponsor must also provide the Maine Apprenticeship Program access
to these materials, including electronic records, off-site for purposes of
conducting EEO compliance reviews and complaint investigations. Upon request,
the sponsor must provide the Maine Apprenticeship Program information about all
format(s), including specific electronic formats, in which its records and
other information are available. Information obtained in this manner will be
used only in connection with the administration of this Chapter or other
applicable EEO laws.
Notes
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