Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 26.00 - Apprentice Standards
Section 26.03 - Eligibility and Procedure for Apprentice Program Registration

Universal Citation: 454 MA Code of Regs 454.26

Current through Register 1531, September 27, 2024

(1) No apprenticeship program sponsor shall be eligible for registration unless:

(a) The occupation at issue is an apprenticeable occupation as defined in 454 CMR 26.02;

(b) The terms and conditions of the proposed apprentice program comply with the requirements of M.G.L. c. 23, §§ 11E through 11L and 454 CMR 26.00; and

(c) The proposed apprentice program conforms to the Massachusetts State Plan for Equal Employment Opportunity in Apprenticeship and Training.

(2) Apprentices must be individually registered under a registered program. The program may register apprentices by filing copies of each individual apprenticeship agreement with the Division.

(3) Applications for new programs that the Division determines meet the required standards for program registration will be given provisional approval for a period of one year. The Division will review all new programs for quality and for conformity with the requirements of 454 CMR 26.00 at the end of the first year after registration. At that time:

(a) a program that conforms with the requirements of 454 CMR 26.00:

(b) may be made permanent; or

(c) may continue to be provisionally approved through the first full training cycle.

(d) A program not in operation or not conforming to the regulations during the provisional approval period must be recommended for deregistration procedures.

(4) The Division will review all programs for quality and for conformity with the requirements of 454 CMR 26.00 at the end of the first full training cycle. A satisfactory review of a provisionally approved program will result in the conversion of provisional approval to permanent registration. Subsequent reviews will be conducted no less frequently than every five years. Programs not in operation or not conforming to the regulations must be recommended for deregistration procedures.

(5) Any sponsor proposals or applications for modification(s) or change(s) to registered programs must be submitted to the Division. The Division must make a determination on whether to approve such submissions within 90 days from the date of receipt. If approved, the modification(s) or change(s) will be recorded and acknowledged within 90 days of approval as an amendment to such program. If not approved, the sponsor will be notified of the disapproval and the reasons therefore and provided the appropriate technical assistance.

(6) Under a program proposed for registration by an employer or employers' association, where the standards, collective bargaining agreement or other instrument provides for participation by a union in any manner in the operation of the substantive matters of the apprenticeship program, and such participation is exercised, written acknowledgement of union agreement or no objection to the registration is required. Where no such participation is evidenced and practiced, the employer or employers' association must simultaneously furnish to an existing union, which is the collective bargaining agent of the employees to be trained, a copy of its application for registration and of the apprenticeship program. The Division must provide for receipt of union comments, if any, within 45 days before final action on the application for registration and/or approval.

(7) Where the employees to be trained have no collective bargaining agreement, an apprenticeship program may be proposed for registration by an employer or group of employers, or an employer association.

(8) All new applicants for apprentice program registration must submit to the Division the following:

(a) A completed application form as prescribed by the Deputy Director;

(b) Documentation describing the proposed apprentice program including, but not limited to, a description of the relevant work processes on which the apprentices will work, the terms and conditions of employment, arrangements for supervision of the apprentices, and the provision of related instruction;

(c) A copy of the apprentice agreement form;

(d) If the apprentice program sponsor will be administering the program through an apprenticeship committee, documentation describing the organization of the committee and the functions of each of its members;

(e) Documentation that the apprentice program sponsor's apprentice activities are primarily located in Massachusetts. Such documentation should include evidence of the following:
1.That the majority of the work to be performed by the apprentices will occur in Massachusetts;

2.That the efforts to conduct outreach for new apprentices will be directed in Massachusetts;

3.That the administration of the proposed apprentice program will be conducted in Massachusetts; and

4.That all documents and records concerning the proposed apprentice program will be located in Massachusetts.

(f) A declaration concerning whether the apprentice program sponsor will give credit towards completion of the program for any relevant hands-on training or related instruction which an apprentice may have received while previously participating in other apprentice programs or while employed by previous employers in the relevant occupation and, if so, the terms and conditions under which such credit will be given.

(g) The program registration fee, and fee(s) for each apprentice agreement.

(9) If the applicant for apprentice program registration is involved in any abnormal labor condition, such as a strike, lockout, or other similar condition, the application for an apprentice program shall be withheld until such issue is resolved.

(10) The Deputy Director may deny an application for registration upon a finding that the proposed apprentice program does not comply with M.G.L. c. 23, §§ 11E through 11L, 454 CMR 26.00, or the Massachusetts State Plan for Equal Employment Opportunity in Apprenticeship and Training or that the sponsor of the proposed program is in violation of State or Federal laws. Applicants shall be advised by the Deputy Director in writing of the denial and the reasons therefor.

(11) Following registration of an apprentice program, the apprentice program sponsor must notify the Division promptly in writing of any modifications to the program or material changes in the information submitted with the application for registration.

(12) The Division will accord reciprocal approval for Federal purposes to apprentices, apprenticeship programs and standards that are registered in other States by the Office of Apprenticeship or a Registration Agency if such reciprocity is requested by the apprenticeship program sponsor. Program sponsors seeking reciprocal approval must meet the wage and hour provisions and apprentice ratio standards of Massachusetts.

(13) Program sponsors seeking reciprocal approval must complete any forms prescribed by the Division together with the appropriate program registration and apprentice registration fees prior to acceptance as a reciprocal sponsor.

(14) At any time the Director may cancel a reciprocity agreement where he or she deems appropriate.

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