Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.43 - Maryland Apprenticeship and Training
Section 09.12.43.02 - Definitions
Universal Citation: MD Code Reg 09.12.43.02
Current through Register Vol. 51, No. 19, September 20, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Apprentice" means a worker 16 years old
or older, who has entered into a voluntary written agreement with a sponsor who
has agreed to teach the worker a skilled trade under terms defined in
Regulations .04 and .05 of this chapter.
(2) "Apprenticeship agreement" means a
written agreement between an apprentice and the sponsor that defines the
relationship and is registered by the Maryland Apprenticeship and Training
Council.
(3) "Apprenticeship
program" means a written plan containing, at a minimum, the standards set forth
in Regulation .05 of this chapter.
(4) "Cancellation" means:
(a) The deregistration by the Council of an
apprenticeship program at the request of the program sponsor;
(b) The termination of an apprenticeship
agreement at the request of the apprentice or sponsor; or
(c) Formal deregistration proceedings when
the action is involuntary.
(5) "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.
(6)
Competency-Based Approach.
(a)
"Competency-based approach" means a method to measure skill acquisition through
the individual apprentice's successful demonstration of acquired skills and
knowledge, as verified by the program sponsor.
(b) "Competency-based approach " includes
requiring an apprentice to complete an on-the-job learning component of
registered apprenticeship with the program standards addressing:
(i) How on-the-job learning will be
integrated into the program;
(ii)
Describing competencies; and
(iii)
Identifying an appropriate means of testing and evaluation for such
competencies.
(7) "Council" means the Maryland
Apprenticeship and Training Council.
(8) "Director" means the Director of the
Maryland Apprenticeship and Training Program.
(9) "Employer" means an individual or
organization located or operating in Maryland that employs an apprentice on a
work site whether or not that individual or organization is a party to an
apprenticeship agreement.
(10)
"Hybrid approach" means a method to measure an individual apprentice's skill
acquisition through a combination of a specified minimum number of hours of
on-the-job learning and the successful demonstration of competency as described
in a work process schedule.
(11)
"Joint apprenticeship committee" means a committee, composed of an equal number
of representatives of employers and employees, that has been jointly
established by an employer or group of employers and a bona fide collective
bargaining agent or agents to:
(a) Conduct,
operate, or administer an apprenticeship program; and
(b) Enter into apprenticeship agreements with
apprentices selected for employment under the particular program.
(12) "Journeyperson" means an
individual who has completed:
(a) A
registered apprenticeship in a craft; or
(b) The equivalent of an apprenticeship in
length and content of work experience and all requirements in the
apprenticeship standards for a craft.
(13) Nonjoint Apprenticeship Sponsor.
(a) "Nonjoint apprenticeship sponsor" means
an apprenticeship program sponsor in which a bona fide collective bargaining
agent does not participate.
(b)
"Nonjoint apprenticeship sponsor" includes:
(i) An individual nonjoint sponsor which is
an apprenticeship program sponsored by one employer without participation of a
union; and
(ii) A group nonjoint
sponsor which is an apprenticeship program sponsored by two or more employers
without the participation of a union.
(14) "On-the-job training" means that segment
of apprenticeship which can be obtained only on the job site.
(15) "Probationary period" means the period
of time in an apprenticeship contract in which a party to the apprenticeship
agreement may cancel the contract without cause.
(16) "Registration of an apprenticeship
program" means the acceptance and recording of the program and issuance of a
certificate of registration by the Maryland Apprenticeship and Training Council
as meeting the basic standards and requirements of the Council.
(17) "Related instruction" means an organized
and systematic form of instruction designed to provide knowledge of the
theoretical and technical subjects related to the trade.
(18) "Secretary" means the Secretary of
Labor, Licensing, and Regulation or a person specifically designated by the
Secretary.
(19) "Sponsor" means an
individual, association, committee, organization, or employer in whose name or
title the program is or is to be registered.
(20) "State purposes" means:
(a) A State contract, grant, agreement, or
arrangement dealing with apprenticeship; and
(b) State financial or other assistance,
benefit, privilege, contribution, allowance, exemption, preference, or right
pertaining to apprenticeship.
(21) "Time-based approach " means a method
that 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.
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