Code of Colorado Regulations
1100 - Department of Labor and Employment
1108 - Office of the Future of Work
7 CCR 1108-1 - COLORADO STATE APPRENTICESHIP AGENCY RULES
Section 7 CCR 1108-1.3 - Definitions

Current through Register Vol. 47, No. 17, September 10, 2024

"Administrator" means the Administrator of the Office of Apprenticeship, or any person specifically designated by the Administrator.

"Apprentice" means a worker at least 16 years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation as provided in article 15.7, title 8 of the C.R.S. and 29 CFR 29.4 under standards of apprenticeship fulfilling the requirements of 29 CFR 29.5.

"Apprenticeship Agreement" means a signed written agreement, complying with 29 CFR 29.7, between an apprentice and either the apprentice's program sponsor, or an apprenticeship committee acting as agent for the program sponsor(s), which contains the terms and conditions of the employment and training of the apprentice.

"Apprenticeship committee" means those persons designated by the sponsor to administer the program. A committee may be either joint or non-joint, as follows:

*A joint committee is composed of an equal number of representatives of the employer(s) and of the employees represented by a bona fide collective bargaining agent(s).

*A non-joint committee, which may also be known as a unilateral or group non-joint (which may include employees) committee, has employer representatives but does not have a bona fide collective bargaining agent as a participant.

"Apprenticeable Occupation" means an occupation specified by an industry that involves the progressive attainment of skills, competencies, and knowledge that are:

*clearly identified and commonly recognized throughout the relevant industry or occupation;

*customarily learned or enhanced in a practical way through a structured, systematic program of on-the-job, supervised learning and related instruction to supplement the learning; and

*offered through a time-based, competency-based, or hybrid model that the Director has determined meets the requirements of article 15.7, title 8 of the C.R.S. and 29 CFR Parts 29 and 30.

"Apprenticeship program" is a plan containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, that meets the requirements of article 15.7, title 8 of the C.R.S. and 29 CFR Parts 29 and 30, such as the requirement for a written Apprenticeship Agreement.

"Cancellation" means the termination of the registration or approval status of a program at the request of the sponsor, or termination of an Apprenticeship Agreement at the request of the apprentice.

"Certification" or "Certificate" means documentary evidence that:

*The Office of Apprenticeship has approved a set of National Guidelines for Apprenticeship Standards developed by a national committee or organization, joint or unilateral, for policy or guideline use by local affiliates, as conforming to the standards of apprenticeship set forth in 29 CFR 29.5; or

*The SAA has established that an individual is eligible for the probationary period as an apprentice under a registered apprenticeship program.

"Certificate of Registration" means documentary evidence that the SAA has registered an apprenticeship program pursuant to article 15.7, title 8 of the C.R.S. and federal guidelines as evidenced by a Certificate of Registration or other written indicia.

"Certificate of Completion" means documentary evidence that the SAA has determined that an individual has successfully completed apprenticeship.

"CFR" means Code of Federal Regulations.

"Competency" means the attainment of manual, mechanical or technical skills and knowledge, as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement.

"Completion rate" means the percentage of an apprenticeship cohort who receive a certificate of apprenticeship completion within 1 year of the projected completion date. An apprenticeship cohort is the group of individual apprentices registered to a specific program during a one (1) year time frame, except that a cohort does not include the apprentices whose Apprenticeship Agreement has been canceled during the probationary period.

"Creed" means all aspects of religious beliefs, observances or practices, as well as sincerely-held moral and ethical beliefs as to what is right and wrong, and/or addresses ultimate ideas or questions regarding the meaning of existence, as well as the beliefs or teachings of a particular religion, church, denomination or sect. A creed does not include political beliefs, association with political beliefs or political interests, or membership in a political party.

"Department" means the Colorado Department of Labor and Employment.

"Director" means the director of the SAA.

"Direct threat" means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a "direct threat" must be based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job. This assessment must be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence. In determining whether an individual would pose a direct threat, the factors to be considered include:

*The duration of the risk;

*The nature and severity of the potential harm;

*The likelihood that the potential harm will occur; and

*The imminence of the potential harm.

"Disability" means, with respect to an individual:

*A physical or mental impairment that substantially limits one or more major life activities of such individual;

*A record of such an impairment; or

*Being regarded as having such an impairment.

"EEO" means equal employment opportunity.

"Effective date" means July 1, 2023, unless otherwise noted. Sponsors must comply with the terms of these Rules by the effective date.

"Electronic media" means media that utilize electronics or electromechanical energy for the end user (audience) to access the content; and includes, but is not limited to, electronic storage media, transmission media, the Internet, extranet, lease lines, dial-up lines, private networks, and the physical movement of removable/transportable electronic media and/or interactive distance learning.

"Employer" means any person or organization employing an apprentice, whether or not such person or organization is a party to an Apprenticeship Agreement with the apprentice.

"Ethnicity", for purposes of recordkeeping and affirmative action, has the same meaning as under the Office of Management and Budget's Standards for the Classification of Federal Data on Race and Ethnicity, or any successor standards. Ethnicity thus refers to the following designations:

*Hispanic or Latino-A person of Cuban, Mexican, Puerto Rican, Cuban, South or Central American, or other Spanish culture or origin, regardless of race.

*Not Hispanic or Latino

"Executive Director" means the Executive Director of the Colorado Department of Labor & Employment.

"Gender expression" means an individual's way of reflecting and expressing the individual's gender to the outside world, typically demonstrated through appearance, dress, and behavior. C.R.S. § 24-34-301

"Gender identity" means an individual's innate sense of the individual's own gender, which may or may not correspond with the individual's sex assigned at birth. C.R.S. § 24-34-301

"Genetic information" means information about:

*An individual's genetic tests;

*The genetic tests of that individual's family members;

*The manifestation of disease or disorder in family members of the individual (family medical history);

*An individual's request for, or receipt of, genetic services, or the participation in clinical research that includes genetic services by the individual or a family member of the individual; or

*The genetic information of a fetus carried by an individual or by a pregnant woman who is a family member of the individual and the genetic information of any embryo legally held by the individual or family member using an assisted reproductive technology.

*Genetic information does not include information about the sex or age of the individual, the sex or age of family members, or information about the race or ethnicity of the individual or family members that is not derived from a genetic test.

"Interim credential" means an optional credential issued by the SAA, upon request of the appropriate sponsor, as certification of competency attainment by an apprentice.

"Journeyworker" means a worker who has attained a level of skill, abilities and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. (Use of the term may also refer to a mentor, technician, specialist or other skilled worker who has documented sufficient skills and knowledge of an occupation, either equal to or greater than formal apprenticeship or through practical on-the-job experience and formal training.)

"Major life activities" include, but are not limited to: Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, special sense organs and skin; normal cell growth; and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. The operation of a major bodily function includes the operation of an individual organ within a body system.

"Office of Apprenticeship" or "OA" means the federal office designated by the Employment and Training Administration of the U.S. Department of Labor to administer the National Apprenticeship System or its successor organization.

"Physical or mental impairment" means:

*Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; or

*Any mental or psychological disorder, such as intellectual disability (formerly termed "mental retardation"), organic brain syndrome, emotional or mental illness, and specific learning disabilities.

"Probationary period" means a period of the apprenticeship during which either the apprentice or the sponsor may cancel the apprenticeship agreement at-will, without stated cause, without an adverse impact on the sponsor's completion rate. The probationary period may not exceed 25% of the length of the program, or 1 year, whichever is shorter. Full credit must be given for the probationary period toward completion of the apprenticeship.

"Provisional registration" means the 1-year initial provisional approval of newly registered programs that meet the required standards for program registration, after which program approval may be made permanent, continued as provisional, or rescinded following a review by the SAA, as provided for in the criteria described in 29 CFR 29.3(g) and (h).

"Quality assurance assessment" means a comprehensive review conducted by the SAA regarding all aspects of an apprenticeship program's performance, including but not limited to, determining if apprentices are receiving: on-the-job learning in all phases of the apprenticeable occupation; scheduled wage increases consistent with the registered standards; related instruction through appropriate curriculum and delivery systems; and that the SAA is receiving notification of all new registrations, cancellations, and completions as required in this Rule.

"Qualified applicant or apprentice" is an individual who, with or without reasonable accommodation, can perform the essential functions of the registered apprenticeship program for which the individual applied or is enrolled.

"Qualified intermediary" means an entity that demonstrates expertise in connecting employers or apprenticeship program participants to registered apprenticeship programs or in convening stakeholders to develop registered apprenticeship programs and serves employers and apprenticeship program participants by:

*connecting employers to programs under the National Apprenticeship System;

*assisting in the design and implementation of registered apprenticeship programs, including curriculum development and delivery for related instruction;

*supporting entities, sponsors, or registered apprenticeship program administrators in meeting and reporting the requirements of title 8, article 15.7;

*providing professional development activities, such as training to mentors;

*supporting the recruitment, retention, and apprenticeship program completion of potential registered apprenticeship program participants, including nontraditional participants and apprenticeship populations and individuals with barriers to employment;

*developing and providing personalized apprenticeship program participant supports, including partnering with organizations to provide access to or referrals for supportive services and financial advising;

*providing services, resources, and supports for the development, delivery, expansion, or improvement of apprenticeship programs under the National Apprenticeship System; or

*serving as a registered apprenticeship program sponsor.

"Quality pre-apprenticeship program", for state purposes, is a training model that meets, at a minimum, the federal definition of quality pre-apprenticeship, and any additional criteria established by the SAA for state recognition. Quality pre-apprenticeships are designed to assist individuals who may not currently possess the minimum requirements for selection into a registered apprenticeship program to meet the minimum selection criteria established in a program sponsor's apprenticeship standards.

"Race", for purposes of recordkeeping and affirmative action, has the same meaning as under the Office of Management and Budget's Standards for the Classification of Federal Data on Race and Ethnicity, or any successor standards. Race thus refers to the following designations:

*White-A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

*Black or African American-A person having origins in any of the black racial groups of Africa.

*Native Hawaiian or Other Pacific Islander-A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

*Asian-A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.

*American Indian or Alaska Native-A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment.

*Per C.R.S. § 24-34-301, race includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.

"Reasonable accommodation" means:

*Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or

*Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or

*Modifications or adjustments that enable a sponsor's apprentice with a disability to enjoy equal benefits and privileges of registered apprenticeship as are enjoyed by its other similarly situated apprentices without disabilities.

*Reasonable accommodation may include but is not limited to the following based on disability, religious belief or practice, pregnancy or a condition related to pregnancy or childbirth, or speaking a first language other than English:

*Making existing facilities used by apprentices readily accessible and usable; and

*Job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters; and other similar accommodations.

*To determine the appropriate reasonable accommodation it may be necessary for the sponsor to initiate an informal, interactive process with the qualified individual in need of the accommodation. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.

"Registration agency" means the State Apprenticeship Agency in the Colorado Department of Labor and Employment, USDOL's Office of Apprenticeship, or another recognized State Apprenticeship Agency.

"Registration of an Apprenticeship Agreement" means the acceptance and recording of an Apprenticeship Agreement by a Registration Agency as evidence of the apprentice's participation in a particular registered apprenticeship program.

"Registered apprenticeship program" means an apprenticeship program that is registered by a Registration Agency.

"Registration of an apprenticeship program" means the acceptance and recording of such program by the Office of Apprenticeship, or registration and/or approval by the SAA or a recognized State Apprenticeship Agency, as meeting the basic standards and requirements of the OA for approval of such program for Federal purposes. Approval is evidenced by a Certificate of Registration or other written indicia.

"Related instruction" or "related technical instruction" means an organized and systematic form of instruction designed to provide the apprentice with the knowledge of the theoretical and technical subjects related to the apprentice's occupation. Such instruction may be given in a classroom, through occupational or industrial courses, or by correspondence courses of equivalent value, electronic media, or other forms of self-study approved by the SAA.

"Secretary" means the Secretary of Labor or any person designated by the Secretary.

"Selection procedure" means any measure, combination of measures, or procedure used as a basis for any decision in registered apprenticeship. Selection procedures include the full range of assessment techniques from traditional paper and pencil tests, performance tests, training programs, or probationary periods and physical, educational, and work experience requirements through informal or casual interviews and unscored application forms.

"Sponsor" means any employer, association, committee, organization, education and training provider or qualified intermediary, or person operating a registered apprenticeship program and in whose name the program is (or is to be) registered or approved.

"State Apprenticeship Agency" or "SAA" means the State Apprenticeship Agency created in C.R.S. § 8-15.7-102 unless otherwise noted.

"State Apprenticeship Council" or "SAC" means an entity established to provide advice and guidance to the State Apprenticeship Agency as defined in 29 CFR 29.2.

"State office" means that individual office or division of State government designated as the point of contact for the State Apprenticeship Agency. In Colorado, this is the Office of the Future of Work in the Colorado Department of Labor and Employment.

"Technical assistance" means guidance provided by Registration Agency staff in the development, revision, amendment, or processing of a potential or current program sponsor's Standards of Apprenticeship, Apprenticeship Agreements, or advice or consultation with a program sponsor to further compliance with this Rule or guidance.

"Transfer" means a shift of apprenticeship registration from one program to another or from one employer within a program to another employer within that same program, where there is agreement between the apprentice and the affected apprenticeship committees or program sponsors. This agreement may include a similar related instruction provided by institutions of higher education that may have additional enrollment criteria from the original apprenticeship program.

"Undue hardship"-