Section 3.
The standards established in this section shall apply to an apprenticeship
program.
(1) The program shall be an
organized, written plan embodying the terms and conditions of qualification,
recruitment, selection, employment, training, and supervision of one (1) or
more apprentices in an apprenticeable occupation and subscribed to by a sponsor
who has undertaken to carry out the apprentice training program.
(2) The standards shall contain the equal
opportunity pledge prescribed in the Kentucky State Plan for equal employment
opportunity in apprenticeship and, if applicable, an affirmative action plan
and a selection method in accordance with the Kentucky State Plan for equal
employment opportunity in apprenticeship, and provisions concerning the
following:
(a) The employment and training of
the apprentice in a skilled occupation;
(b) A term of apprenticeship, which for an
individual apprentice shall be measured either through the completion of the
industry standard for on-the-job learning (at least 2,000 hours) (time-based
approach), the attainment of competency (competency-based approach), or a blend
of the time-based and competency-based approaches (hybrid approach).
1. The time-based approach measures skill
acquisition through the individual apprentice's completion of at least 2,000
hours of on-the-job learning as described in a work process schedule.
2. The competency-based approach measures
skill acquisition through the individual apprentice's successful demonstration
of acquired skills and knowledge, throughout the appren-ticeship program and as
verified by the program sponsor. Programs utilizing this approach shall still
require apprentices to complete a paid on-the-job learning component of
registered apprenticeship. The program standards shall ad-dress how on-the-job
learning will be integrated into the program, describe competencies, and
identify an appropriate means of testing and evaluation for the
competencies.
3. The hybrid
approach measures the individual apprentice's skill acquisition through a
combination of specified minimum number of hours of on-the-job learning and the
successful demonstration of competency as described in a work process
schedule.
4. The determination of
the appropriate approach for the program standards is made by the program
sponsor, subject to approval by the registration agency of the determination as
appropriate to the apprenticeable occupation for which the program standards
are registered;
(c) 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;
(d) Provision for organized related and
supplemental instruction in technical subjects related to the occupation. A
minimum of 144 hours for each year of apprenticeship shall be required. This
instruction in technical subjects may be accomplished through teaching
modalities such as classroom, occupational, or industry courses, electronic
media, or other instruction approved by the registration agency, or a
combination thereof. Every apprenticeship instructor shall:
1. Meet the state Department of Education's
requirements for a vocational-technical instructor in the state of
registration, or be a subject matter expert, which is an individual, such as a
journeyworker, who is recognized within a business or industry as having
expertise in a specific occupation; and
2. Demonstrate mastery in teaching techniques
and adult learning styles prior to providing the related technical
instruction;
(e) A
progressively increasing schedule of wages to be paid the apprentice consistent
with the skill acquired and whether the required school time shall be
compensated. The entry wage shall not be less than forty (40) percent of the
established journeyworker rate or not less than the minimum wage prescribed by
federal or state law, whichever is greater. On projects where the wage rate has
been established by law, the apprentice's rate of pay shall be based upon the
established journeyworker rate;
(f)
Periodic review and evaluation of the apprentice's progress in job performance
and related instruction and maintenance of appropriate progress
records;
(g) Except as otherwise
provided herein, the ratio of apprentices to journeyworkers shall be 1:1. For
each apprentice who completes 2,000 hours of on-the-job training, a second
apprentice may be added. The ratio shall not exceed two (2) apprentices for
each journeyworker unless a modification to the ratio is approved as set forth
herein. An apprentice sponsor or an employer may request in writing to modify
the ratio in a medium or low risk occupation, as those terms are defined by the
United States Occupational Safety Health Administration. The Commissioner will
review the request, and respond within ninety (90) days of receipt of the
request. In evaluating any such request, the Commissioner may modify a ratio
upon a determination that the new ratio:
1.
Will not endanger the safety of apprentices or the journeyworker; and
2. Will not materially impair the quality of
training. The decision to authorize the modification of the ratio in medium and
low risk occupations rests solely within the discretion of the Commissioner.
There is no right to appeal any denial of a request to modify the ratio.
Nothing in this administrative regulation shall be construed as prohibiting a
sponsor or employer from establishing a ratio that permits or requires more
than one (1) journeyworker for each apprentice or as invalidating a collective
bargaining agreement that permits or requires more than one (1) journeyworker
for each apprentice;
(h)
A probationary period of reasonable duration in relation to the full
apprenticeship term, during which the apprenticeship agreement may be
terminated by either party, with full credit for this period toward completion
of apprenticeship. The probationary period shall not exceed twenty-five (25)
percent of the term of the apprenticeship or one (1) year, whichever is
shorter;
(i) Adequate and safe
equipment and facilities for training and supervision, and safety training for
apprentices on the job and in related instruction;
(j) Grant of advance standing or credit, up
to fifty (50) percent, for previously acquired experience, training skills, or
aptitude for all applicants equally, with commensurate wages for any accorded
progression step;
(k) The transfer
of an apprentice between apprenticeship programs and within an apprenticeship
program shall be based on agreement between the apprentice and the affected
joint apprenticeship committees or nonjoint apprenticeship program sponsors,
and shall comply with the following requirements:
1. The transferring apprentice shall be
provided a transcript of related instruction and on-the-job learning by the
joint apprenticeship committee or nonjoint apprenticeship program
sponsor;
2. Transfer shall be to
the same occupation; and
3. A new
apprenticeship agreement shall be executed when the transfer occurs between
program sponsors;
(l)
Assurance of qualified training personnel and adequate supervision on the
job;
(m) The placement of an
apprentice under an apprenticeship agreement as required by KRS Chapter 343 and
803 Chapter 1. The agreement shall directly, or by reference, incorporate the
standards of the program as part of the agreement;
(n) The required minimum qualifications for
persons entering an apprenticeship program, with an eligible starting age to be
not less than sixteen (16) years;
(o) Recognition for successful completion of
apprenticeship evidenced by an appropriate certificate issued by the
registration agency;
(p)
Apprenticeship programs that utilize the competency-based or hybrid approach
for progression through an apprenticeship and for which program sponsors choose
to issue interim credentials shall clearly identify the interim credentials,
demonstrate how these credentials link to the components of the apprenticeable
occupation, and establish the process for assessing an individual apprentice's
demonstration of competency associated with the particular interim credential.
Further, interim credentials shall only be issued by program sponsors for
recognized components of an apprenticeable occupation, thereby linking interim
credentials specifically to the knowledge, skills, and abilities associated
with those components of the appren-ticeable occupation;
(q) Identification of the registration
agency;
(r) Name and address of the
appropriate authority under the program to receive, process, and make
disposition of complaints;
(s)
Recording and maintenance of all records concerning apprenticeship as may be
required by the state apprenticeship agency or other applicable law;
and
(t) Provision that all
controversies or differences shall be resolved in accordance with
KRS
343.050(8).