Current through Register Vol. 49, No. 9, September, 2024
SECTION l.
AUTHORITY
The following regulations are duly adopted and promulgated by
the Career Education and Workforce Development Board pursuant to the authority
expressly conferred by the laws of the State of Arkansas in Act 200 of 1951 as
amended, Act 96 of 1913 as amended, and Act 412 of 1991 as amended. The
Arkansas Department of Career Education may exercise such powers as are
reasonably necessary to carry out the provisions of Act 200 of 1951 as amended
Act 96 of 1913 as amended, Act 768 of 1987, Act 412 of 1991 and ACT 140 of 2015
and ACT 971 of 2017 as amended.
SECTION
ll.
PURPOSE
The purpose of these rules and regulations is to transfer the
authority of the apprentice plumber program from the Arkansas Department of
Health to the Arkansas Department of Career Education. The content of these
rules and regulations are basically the same as those rules and regulations
pursuant to Act 768 of 1987.
SECTION
lll
DEFINITIONS
(a)
The Board means the Career Education and Workforce Development Board.
(b) The Department means the Arkansas
Department of Career Education.
(c)
Arkansas State Committee of Plumbing Examiners means people designated by the
Board of Health to determine the eligibility of applications for various types
of plumbing and gas licenses in accordance with Act 200 of 1951 as
amended.
(d) Employer means any
master plumber representing himself or a company that performs plumbing work in
the state of Arkansas.
(e)
Apprentice plumber means a person other than a master or journeyman plumber as
provided in these regulations of apprenticeship at least sixteen (16) years of
age and covered by the required apprenticeship agreements.
(f) Apprenticeship agreement means a written
agreement as provided by USDOL/OA and the Department of Health/Plumbing and
Natural Gas section signed by the apprentice and (if the apprentice is a minor)
the parent or guardian, the local apprenticeship committee and the
participating company.
(g) USDOL/OA
means the United States Department of Labor, Office of
Apprenticeship.
(h) State Plumbing
Apprenticeship Committee means people designated by the Board to assist in
carrying out the provisions of Act 412 of 1991 as amended.
(i) Local apprenticeship committee means a
group composed of master and/or journeyman plumbers who are licensed as
prescribed by law to carry out the provision of Act 412 of 1991 as
amended.
(j) Master plumber means
any person licensed as prescribed by law skilled in the planning,
superintending, and the practical installation of plumbing, and who is familiar
with Act 412 0f 1991 and Act 200 of 1951 as amended.
(k) Journeyman plumber means any person
licensed as prescribed by law, other than a master or apprentice plumber, who
is engaged in the practical installation of plumbing.
(l) Local plumbing inspector means the
individual authorized by the Department of Health to enforce the provisions of
Act 200 of 1951 as amended and Act 412 of 1991 as amended.
(m) Laborer means any person engaged in
trenching, transporting supplies, demolition, etc., whose primary function is
physical in nature.
(n) Credit time
means previous out of state work experience under the supervision of a master
plumber in the plumbing trade equivalent to the educational requirements set
forth by these regulations or instate work after 1984 while registered with the
Department of Health and USDOL/OA as required by Act 412 0f 1991 as
amended.
(o) Final year of
apprenticeship" means when an apprentice plumber has obtained four hundred
eighty (480) hours or more of classroom instruction and completed six thousand
(6,000) or more hours of on-the-job work in an approved United States
Department of Labor apprenticeship program.
SECTION IV.
QUALIFICATIONS
The Local Apprenticeship Committee must adhere to their
USDOL/OA Standards of Apprenticeship in the selection of apprentices.
SECTION V.
APPLICATIONS AND
TERMS OF APPRENTICESHIP REGISTRATION
(A) No person shall engage in work as an
apprentice plumber as defined in Act 412 of 1991 as amended unless first
registered to do so by the Department of Health, Plumbing and Natural Gas
Section and USDOL/OA.
(b) Information for
apprentice plumber registration shall be on an application form supplied by the
Department of Health and the application form shall be filled out completely
before consideration by the local apprenticeship committee.
(c) To establish a record of apprenticeship,
every apprentice plumber shall within thirty (30) days after employment be
registered with the local apprenticeship committee, the Department of Health,
and USDOL/OA. It is the responsibility of the master plumber to require
apprentices to register with the local apprenticeship committee. The Arkansas
State Committee of Plumbing Examiners may take action against a master plumber
for working an apprentice for over thirty (30) days without being so
registered. In the absence of an established local apprenticeship committee, an
apprentice shall register directly with the State Plumbing Apprenticeship
Committee, USDOL/OA, and the Department of Health.
(d) All holders of an apprentice license
issued under the provisions of this regulation may apply for renewal annually
within thirty (30) days after the expiration date of the license. The
Department of Health may not renew a license after the thirty (30) day period
providing there is sufficient reason for not renewing such license in the time
specified and upon payment of penalties as prescribed by regulations.
(e)
EXPERIENCE CREDIT: The
applicant must submit a request for experience credit within a sixty (60) day
period of time from the date of application, furnish notarized
records, affidavits, or bona fide evidence as may be required to substantiate
the requested time. Please show all work experience present and past that you
wish considered for work experience credit. The work experience must have a
start date and end date (to present if current job) so work experience time can
be calculated. The description of work experience should be sufficiently
detailed to provide a clear understanding of work being performed. This time
shall be evaluated by the local apprenticeship committee, if in existence, and
approved by the State Plumbing Apprenticeship Committee. In the absence of the
local committee, credit time shall be evaluated and may be granted by the State
Plumbing Apprenticeship Committee. The applicant may be required to take an
examination to determine credit time requested. Experience credit will only be
granted for documented out of state work, for in state work while duly
registered as required by these rules and regulations, or work done prior to
1984. Experience credit, when approved will be granted for both classroom and
on the job hours.
(f) The term of
apprenticeship shall be a minimum of four (4) years or equal consisting of
eight (8) periods of one-thousand (l,000) hours of practical work experience
and eight (8) periods of 80 hours each running concurrently of related
classroom instruction in technical and supplemental subjects related to the
trade or as approved by USDOL/OA. When an apprentice successfully completes the
required term of apprenticeship, he/she will be eligible to take the state
journeyman plumbers examination as administered by the Arkansas Department of
Health / Plumbing and Natural Gas Section. The Arkansas Department of Health /
Plumbing and Natural Gas Section will notify the State Apprenticeship Office of
the test results (pass/fail). The apprentice must pass the state examination
before being released from their indenture agreement by the local committee. If
the apprentice does not pass the exam by January 1, the apprentice must report
to the school to receive license renewal and may be charged a fee from the
school.
SECTION
VI.
RATIO OF APPRENTICES TO MASTER AND JOURNEYMAN
The following maximum ratio amount of master and journeyman
plumbers to apprentice plumbers shall be allowed on each and every job. One (1)
master plumber or journeyman plumber may supervise up to three (3) apprentice
plumbers on a single plumbing job. Apprentices will be under the supervision of
a master or journeyman licensed plumber at all times. Compliance with the U S
Department of Labor Office of Apprenticeship registered Standards of
Apprenticeship must be followed.
SECTION VII.
SUPERVISON OF
APPRENTICES
(a) The supervising master
or journeyman plumber shall remain within reasonable proximity of the
apprentice plumber while work is being done.
(b) The proximity of the supervising plumber
to the apprentice plumber is reasonable if:
* The job site is a single family residence or a project that
does not require a contractor's license, and the supervising plumber is within
sight of the apprentice plumber, or at the same street address, adjacent to or
adjoining street address, or same geographical subdivision at which the
apprentice plumber is working.
* The job site is not a single family residence, requiring a
contractor's license, and the supervising plumber is within the line of sight
of the apprentice plumber or the supervising plumber is within two hundred
fifty (250) yards of the apprentice plumber or the supervising plumber and
apprentice plumber are within the property boundaries of the job site.
* An apprentice plumber who is in his or her final year of an
apprenticeship may engage in plumbing without the direct supervision of a
master plumber or journeyman plumber if he or she is working under the indirect
supervision of a master plumber or journeyman plumber.
* As used in this section, "indirect supervision" means that an
apprentice plumber is able to contact a master plumber or journeyman plumber
for direction or advice, but the master plumber or journeyman plumber does not
have to meet the reasonable proximity requirements under subdivision and of
this section.
* An apprentice plumber who is in his or her final year of
apprenticeship may contact a master plumber or journeyman plumber in person or
by telephone call, text message, electronic mail, or other similar form of
communication.
* An apprentice plumber who is in his or her final year of
apprenticeship shall possess and be capable of providing to an inspector a
valid and unexpired identification card issued by the local apprenticeship
committee that indicates the apprentice is in his or her final year of
apprenticeship.
(c)
Compliance with the U S Department of Labor Office of Apprenticeship registered
Standards of Apprenticeship must be followed.
SECTION VIII.
PROBATIONARY
PERIOD
Apprentices shall be subject to a probationary period not to
exceed one thousand practical work experience hours (one period). During this
probationary period, the local apprenticeship committee or employer may request
annulment of the apprenticeship without the formality of a hearing. Credit time
will be granted for time served under the probationary period.
SECTION IX
HOURS OF WORK AND
CONDITIONS AND SAFETY
The hours of work and working conditions for apprentices shall
be the same as for journeyman. 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
and occupational safety and health standards promulgates by the Secretary of
Labor under Public Law 91-596, dated December 29, 1970, or state standards that
have been found to be equal or exceeding the federal standards.
SECTION X.
RELATED CLASSROOM
INSTRUCTION
The apprentice shall enroll and attend classes in related
subjects at a school or other shop training facility approved by the State
Apprenticeship Office for not less than 160 hours or as approved by USDOL/OA
per year. The apprentices shall also take advantage of provided instruction in
recognized apprentice classes during periods of temporary unemployment. School
attendance in all cases shall be obligatory; failure to attend these classes in
related instruction may cause the apprentice to be disciplined or his
apprenticeship agreement annulled. Apprentices are to attend school on their
own time, and such school attendance shall not be considered as hours worked.
The local apprenticeship committee shall not recognize any apprentice with whom
they have not signed an apprenticeship agreement or who is not registered with
the Department of Health and USDOL/OA.
SECTION XI.
CONTINUITY OF
EMPLOYMENT
(a) The master plumber who
sponsors the apprentice, is obligated to actually employ the apprentice, and
shall use every effort to keep the apprentice employed in a reasonably
continuous manner and adequately instructed on the job.
(b) It shall be the duty of the master
plumber who is responsible for the registration of an apprentice to notify in
writing the local apprenticeship committee when an apprentice is no longer
employed.
SECTION XII.
APPRENTICESHIP AGREEMENT
The apprentice, and if a minor, parent or guardian, shall be
required to sign an apprenticeship agreement with the Department of Health and
USDOL/OA.
SECTION XIII.
PROCEDURES FOR DISCIPLINARY ACTION
(a) An apprentice shall make every effort to
complete training in accordance with the standards and policies established by
this regulation. An apprentice who is absent from related instruction class
sessions, unless officially excused, shall satisfactorily complete all
classroom work missed before being advanced to the next period of training. In
case of failure of an apprentice to fulfill the obligation regarding classroom
or on the job training without due cause, the local apprenticeship committee
shall take the necessary disciplinary action to ensure that the obligation is
met.
(b) The local apprenticeship
committee may cancel the apprenticeship agreement, and remove for cause an
apprentice from the training program at any time for failure to comply with the
apprenticeship agreement, or with registered standards.
(c) Before invoking any disciplinary action,
the local apprenticeship committee must notify an apprentice by certified mail
to appear before the local apprenticeship committee. If an apprentice fails to
appear before the local apprenticeship committee after due notice, disciplinary
action may be invoked in accordance with the Local Apprenticeship standards. In
the absence of a local apprenticeship committee, the State Plumbing
Apprenticeship Committee shall function in their stead.
(d) The State Plumbing Apprenticeship
Committee serves as the appeal board for the local apprenticeship committee and
on training standards interpretations. Any person or firm may appeal directly
to the State Plumbing Apprenticeship Committee for review.
SECTION XIV.
SCHEDULE OF WORK
EXPERIENCE
(a) The following schedule
of work experience is set forth in approximate hours. The work experience need
not be in the precise order listed nor need the hours be continuous in any
experience category.
(b) All work
done by apprentices as prescribed training shall conform in every respect with
the requirements of the state and local plumbing codes.
(1) Installation of piping for water, soil
sewage, vent and leader lines ...................... 1000 hrs.
(2) Installation of piping for hot and cold
water for domestic purposes ..................... 1000 hrs.
(3) Installation and sizing of gas
utilization piping systems, combustion of natural gas, sizing combustion air
openings, venting of gas burning appliances (atmosphere and fan assisted.)
.......................................800 hrs.
(4) Assembly in positioning and connecting of
fixtures and...........1800 hrs. appliance used in domestic heating, gas
fitting, plumbing and drainage systems.
(5) Welding and brazing connected with the
trade ......................................................400 hrs.
(6) Maintenance and repairing of heating, gas
fitting, and oil burner service...........................................800
hrs.
(7) Operation, care and use
of all tools and equipment connected with the
trade.............................................. 300 hrs.
(8) Installation and repair of safety valves
and regulators .......................................... 300 hrs.
(9) Installation and repair of air gaps,
atmospheric vacuum breakers, pressure type vacuum breakers, double check
valves, and reduced pressure zone
devices......................................... 400 hrs.
(10) Plumbing Code, Gas Code, blueprint
reading and sketching, and safety
training............................................... 1200 hrs.
Total Hours
..............................................................................................................................
8000 hrs.
Compliance with the U S Department of Labor Office of
Apprenticeship registered Standards of Apprenticeship must be followed.
SECTION XV.
QUALIFICATIONS FOR EMPLOYER
The individual must be a duly licensed master plumber in the
state of Arkansas who signs an employer acceptance agreement to abide by these
regulations of apprenticeship.
SECTION
XVI.
DUTIES OF THE STATE PLUMBING APPRENTICESHIP
COMMITTEE
The State Plumbing Apprenticeship Committee shall:
(a) Upon request will assist and advise local
apprenticeship committees.
(b)
Evaluate each local plumbing apprenticeship training program for compliance
with the policies of the Arkansas Department of Career Education, USDOL/OA, and
the State Plumbing Apprenticeship Committee.
(c) Serve as an appeal board for Apprentices,
Local Apprenticeship Committees, and for training standards interpretations.
Any person or firm may appeal directly to the State Plumbing Apprenticeship
Committee for review.
(d) Establish
criteria for eligibility for hardship status pertaining to correspondence or
distance training provided that the applicant for hardship resides at least
thirty (30) miles by most direct route from the nearest established
apprenticeship school.
(e) Annually
elect a chairperson, co-chairperson, and secretary who shall retain the power
to vote in all matters before the committee.
(f) Hold meetings at least every two (2)
months. Special meetings of the committee may be called by the chairperson or
by petition of a majority of the members of the committee. The chairperson
shall call a special meeting when necessary to hear appeals.
SECTION XVII.
DUTIES OF THE
LOCAL APPENTICESHIP COMMITTEE
The local apprenticeship committee shall adhere to their
Registered Standards by USDOL/OA:
(a)
Hold meetings at least once a month. Special meetings of the local
apprenticeship committee may be called by the chairperson or by petition of a
majority of members.
(b) Annually
elect a chairperson and a secretary who shall retain the power to vote on all
matters before the local apprenticeship committee.
(c) Administer the apprenticeship program and
enforce its provisions and requirements.
(d) Establish rules and procedures to govern
meetings.
(e) Establish minimum
standards of education and experience for apprentice applicants.
(f) Review apprenticeship agreements between
the employer and apprentice and be responsible for submission of such
agreements to USDOL/OA and the Department of Health, Plumbing and Natural Gas
Section for registration.
(g)
Determine, through examination, the progress of their apprentices in
manipulative skills and technical knowledge as may be deemed necessary, but not
less than four (4) times per year.
(h) Promote apprenticeship by enlisting
public support and by contact with all organizations concerned with
it.
(I) Issue certificates of
completion of apprenticeship to those apprentices who have satisfactorily
completed training.
(j) Notify
USDOL/OA and the Department of Health and the State Apprenticeship Office of
all actions affecting apprenticeship such as new hires, completions,
suspensions and cancellations.
(k)
Assure that all apprentices are duly registered with the Department of
Health/Plumbing and Natural Gas Section within thirty (30 days) of employment
by a master plumber and registration by the Local Apprenticeship committee or
prior to any actual classroom attendance.
(l) Secure competent instructors whose
knowledge, experience and ability to teach shall be carefully examined. When
possible, the instructors shall take such teacher training courses as are
available.
(m) Establish a set of
local standards and submit those standards to USDOL/OA for approval. If the
local apprenticeship committee revises any part of their standards, then a
re-submission of their standards shall be required for review before
implementation.
(n) Examine the
progress of the apprentice on the job and in related instruction not less than
four (4) times per year.
(o) Keep
complete and accurate records on each apprentice. The records shall consist of
but are not limited to: copies of registration with USDOL/OA, registration with
the Department of Health, registration with the local committee, on the job and
related instruction progress, advancements, and other records pertinent to the
apprentice or to the conduct of the program. Records shall be maintained for a
period of five (5) years.
(p)
Verify that each participating employer is in agreement with the terms of their
standards, including any training trust fund established or hereafter
established to implement the local apprenticeship program.
(q) Establish starting and stopping times for
classroom instruction to insure the completion of eight (8) periods of eighty
(80) hours or as approved by USDOL/OA.
(r) Be responsible for the administration and
financing of their local programs.
SECTION XVIII.
SEVERABILITY
If any provision of these Regulations, or the application
hereof to any person is held invalid, such invalidity shall not affect other
provisions or applications of these Regulations which can give effect without
the invalid provisions of applications, and to this end the provisions hereto
are declared to be severable.
SECTION
XIX.
REPEAL
All Regulations and parts of Regulations in conflict herewith
are hereby repealed.
