An apprenticeship program shall be eligible For registration by
the department if it conforms to the following standards:
(1) The program is an organized, written plan
embodying the terms and conditions of employment, training, and supervision of
one or more apprentices in the apprenticeable occupation, and subscribed to by
a sponsor who has undertaken to carry out the apprentice training
program;
(2) The program standards
contain the equal opportunity pledge prescribed in section
12-31-3(b),
Administrative Rules, and, when applicable, an affirmative action plan and a
selection method in accordance with sections
12-31-4
and
12-31-6,
Administrative Rules, and provisions concerning the following:
(A) A statement of the trade or craft to be
taught and the required hours for completion of apprenticeship which shall be
not less than twelve months or two thousand hours of reasonably continuous
employment, consistent with training requirements as established by industry
practice;
(B) A statement of the
number of hours or months to be spent by the apprentice in work on the job and
an outline of the 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;
(C) A statement of the number of hours to be
spent in organized related instruction in technical subjects related to the
trade, approved by the state department of education or by the community
college system, Univerity of Hawaii, which shall be not less than one hundred
and forty-four hours per year and whether or not the required school time shall
be compensated; provided that the department may, in the best interest of
apprenticeship, reduce the number of hours of related instruction; which
instruction may be given in a classroom through trade or industrial courses, or
by correspondence courses of equivalent value, or other forms of self-study
approved by the department;
(D) A
statement that apprentices shall be not less than sixteen years of
age;
(E) 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 Fair Labor Standards Act of 1938, as amended, section
6 thereof, (
29
U.S.C., section 206) , where applicable,
unless a higher wage is required by other applicable federal or state law,
administrative rules, or by bargaining agreement;
(F) A provision for a probationary period
reasonably related to the full apprenticeship term, with full credit given for
such period toward completion of apprenticeship;
(G) A provision that during the period of
probation, the director shall cancel an apprenticeship agreement at the request
in writing of any party thereto;
(H) A provision that after the probationary
period, the director may cancel an apprenticeship agreement:
(i) Upon agreement of the parties
thereto;
(ii) At the request of the
apprentice;
(iii) Upon
recommendation by the sponsor, for good cause, with due notice to the
apprentice and a reasonable opportunity for corrective action; or
(iv) For good cause on the director's own
motion after giving all parties notice and opportunity to be heard;
(I) A provision that the services
of the department may be utilized for consultation regarding the settlement of
differences arising out of the apprenticeship agreement where the differences
cannot be adjusted by the parties or in accordance with the established trade
procedure, and that any such differences which cannot be amicably settled by
the parties may be submitted to the director for final decision;
(J) A provision for the numeric ratio of
apprentice to journeyworkers consistent with proper supervision, training,
safety, and reasonable continuity of employment, and applicable provisions in
collective bargaining agreements, in relation to which it is recommended that a
ratio of no more than one apprentice for each journeyworker regularly employed
by a participating employer in each apprenticeable occupation be
established;
(K) A 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 apprenticeship
committee or program sponsor, with full credit to the apprentice for
satisfactory time and training earned;
(L) A provision for minimum qualifications
required by a sponsor for persons entering the apprenticeship
program;
(M) A 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;
(N) A
provision that the apprentice shall be provided adequate and safe equipment and
facilities for training and supervision and safety training on the job and in
related instruction, and that the employer shall insure that the apprentice is
trained in facilities and other environments that are in compliance with
federal and state occupational safety and health standards;
(O) A provision for the placement of an
apprentice under a written apprenticeship agreement, which shall directly, or
by reference, incorporate the standards of the programs as part of the
agreement;
(P) A provision for
periodic review and evaluation of the apprentice's progress in job performance
and in related instruction by the program sponsor and the department, and the
maintenance of appropriate progress records;
(Q) A provision for recognition of successful
completion of apprenticeship evidenced by an appropriate certificate;
(R) Identification of the registration agency
as apprenticeship division, department of labor and industrial
relations;
(S) Assurance of
qualified training, personnel and adequate supervision on the job;
(T) A provision for the registration,
cancellation, and deregistration of the program, and requirement for the prompt
submission of any modification or revision thereto;
(U) A provision for registration of
apprenticeship agreements and revisions, notice to the department of persons
who have successfully completed apprenticeship programs, and notice of
cancellations and suspensions of apprenticeship agreements and causes
therefor;
(V) A statement of the
committee's organization and functions when the program sponsor is a joint
apprenticeship committee;
(W) The
name and address of the appropriate authority under the program to receive,
process, and make disposition of complaints; and
(X) A provision that apprenticeship standards
shall comply with federal and state laws, and rules pertaining to
apprenticeship.