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

12-181 C.M.R. ch. 2, § 12