Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 26.00 - Apprentice Standards
Section 26.04 - Standards for Apprentice Programs

1.The employment and training of the apprentice in a skilled occupation. The apprentice shall be provided no less than full time employment in the relevant field.

2.The term of apprenticeship, which for an individual apprentice may be measured either through the completion of the industry standard for on-the-job learning (time-based approach), the attainment of competency (competency-based approach), or a blend of the time-based and competency-based approaches (hybrid approach).

3.The work processes in which the apprentice will receive supervised work experience and training on the job, and the allocation of the approximate amount of time to be spent in each major process.

4.Organized instruction in technical subjects related to the occupation. Approximately 150 hours for each year of apprenticeship is recommended. This instruction in technical subjects may be accomplished through classroom, occupational or industry courses, electronic media, or other instruction approved by the Director. Correspondence course testing will be conducted by a proctor as approved by the Division.

5.A progressively increasing schedule of wages to be paid to the apprentice consistent with the skill acquired. The entry wage must not be less than the minimum wage prescribed by the Fair Labor Standards Act, where applicable, unless a higher wage is required by other applicable Federal law, State law, respective regulations, or by collective bargaining agreement. The sponsor must ensure that the apprentice will be paid no less than an amount specified in a predetermined schedule of wage rates. Such wage rates shall be expressed as a percentage of the established journeyworker rate and shall progressively increase consistent with the level of skill acquired by the apprentice for the duration of time that the apprentice participates in the apprentice program. For construction occupations, the apprentice's scale of wages shall not be less than the progression steps identified on the Department's prevailing wage determinations for M.G.L. c. 149 projects. The sponsor may adjust the apprentice payroll amount for private jobs by setting the company journeyworker rate for private work and maintaining the same wage progression rate.

6.Periodic review and evaluation of the apprentice's performance on the job and in related instruction; and the maintenance of appropriate progress records.

7.A numeric ratio of apprentices to journeyworkers consistent with proper supervision, training, safety, and continuity of employment, and applicable provisions in collective bargaining agreements, except where such ratios are expressly prohibited by the collective bargaining agreements. The ratios set forth by the Department will be the minimum acceptable ratios. The ratio language must be specific and clearly described as to its application to the job site, workforce, department or plant. For construction occupations, ratios shall be those determined by the Department and documented on the Department's prevailing wage determinations for M.G.L. c. 149 projects.

8.A probationary period reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of apprenticeship. The probationary period cannot exceed 25% of the length of the program, or one year, whichever is shorter.

9.Adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction.

10.The minimum qualifications required by a sponsor for persons entering the apprenticeship program, with an eligible starting age not younger than 16 years old.

11.The placement of an apprentice under a written Apprenticeship Agreement that meets the requirements of 454 CMR 26.06. The agreement must directly, or by reference, incorporate the standards of the program as part of the agreement.

12.The granting of advanced standing or credit for demonstrated competency, acquired experience, training, or skills for all applicants equally, with commensurate wages for any progression step so granted.

13.The transfer of an apprentice between apprenticeship programs and/or within an apprenticeship program must be based on agreement between the apprentice and the affected apprenticeship committees or program sponsors, and must comply with the following requirements:

14.Assurance of qualified training personnel and adequate supervision on the job.

15.Recognition for successful completion of apprenticeship evidenced by an appropriate certificate issued the Division.

16.Program standards that utilize the competency-based or hybrid approach for progression through an apprenticeship and that choose to issue interim credentials must 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 must only be issued for recognized components of an apprenticeable occupation, thereby linking interim credentials specifically to the knowledge, skills, and abilities associated with those components of the apprenticeable occupation.

17.Identification of the Division, including address, telephone number and URL address.

18.Provision for the registration, cancellation, and/or deregistration of the program; and for the prompt submission of any program standard modification or amendment to the Division for approval.

19.Provision for registration of apprenticeship agreements, modifications, and amendments; notice to the Division of persons who have successfully completed apprenticeship programs; and notice of transfers, suspensions, and cancellations of apprenticeship agreements and a statement of the reasons therefore.

20.Authority for the cancellation of an apprenticeship agreement during the probationary period by either party without stated cause; cancellation during the probationary period will not have an adverse impact on the sponsor's completion rate.

21.Compliance with requirements contained in the Division's plan for equal opportunity in apprenticeship adopted under 29 CFR 30 and approved by the Department. The apprenticeship standards must also include a statement that the program will be conducted, operated and administered in conformity with the Division's plan for equal opportunity in apprenticeship.

22.Contact information (name, address, telephone number, and e-mail address if applicable) for the appropriate individual with authority under the program to receive, process and make disposition of complaints.

23.Recording and maintenance of all records concerning apprenticeship as required by the Division.

24.The journeyworker rate used for establishing the apprentice's wage schedule shall be stated in dollars and cents and shall be reviewed annually and, if appropriate, re-adjusted.