Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.21 - APPRENTICESHIP
Subchapter 24.21.4 - Apprenticeship Standards
Rule 24.21.411 - MINIMUM GUIDELINES FOR REGISTRATION OF PROGRAMS
Universal Citation: MT Admin Rules 24.21.411
Current through Register Vol. 18, September 20, 2024
(1) Programs submitted for approval and/or registration by the apprenticeship and training program (registration agency), Department of Labor and Industry, must contain the following:
(a) Provision that the starting age of an
apprentice may not be less than 16.
(b) Statement of basic qualifications for
apprenticeship: specific and applying equally to all applicants.
(c) Provision for compliance with 29 CFR part
30, which includes the Montana state plan for equal employment opportunity in
apprenticeship.
(d) Provision that
the term of apprenticeship is consistent with industry practice, but in no case
less than 2,000 hours of reasonably continuous employment, which must include
supplementary instruction except as otherwise provided by Montana state
law.
(e) A schedule of work
processes in which the apprentice will receive work experience and training on
the job, and the allocation of the approximate amount of time to be spent in
each major process or division of the trade.
(f) Provision for proper supervision of
on-the-job training.
(g) A
progressively increasing schedule of wages for apprentices. The entry wage must
equal or exceed the Montana Minimum Wage Law or Fair Labor Standards Act
minimum where applicable.
(h)
Provision for the payment of wages that are consistent with the requirements of
39-6-108,
MCA, if the apprenticeship is in a building construction occupation.
(i) Provision for organized related and
supplemental instruction. This may include supervised correspondence or
self-study courses as approved by state law. A minimum of 144 hours each year
of apprenticeship is recommended.
(j) A statement of the ratio of apprentices
to journeymen. The registration agency will continue to honor and recognize
ratio provisions as established in existing labor/management bargaining
agreements or as established by an industry practice. The registration agency
may waive ratio standards for apprenticeship sponsors who can demonstrate the
need for a waiver due to labor shortages or other reasons deemed sufficient by
the registration agency.
(k)
Provision for periodic evaluation of the apprentice's progress, both in job
performance and related instruction; and the maintenance of appropriate
progress records.
(l) Provision for
evaluation of and granting credit for previous experience.
(m) Provision for safety training for
apprentices, both on the job and in related instruction.
(n) Provision that apprentices will be under
a written agreement with their employer, or with an employers association, or a
joint apprenticeship committee pursuant to state apprenticeship laws and
regulations.
(o) Identification of
the registration agency by whom apprentices, apprenticeship programs and
subsequent amendments thereto will be approved and recorded.
(p) Provisions for notifying the registration
agency of all actions affecting apprenticeship, such as new hires, completions,
suspensions, and cancellations.
(q)
Provision for employer-employee cooperation where a bargaining agreement
exists, except where no participation has been evidenced or practiced by the
bargaining agent. Where there is employer and employee participation it may be
demonstrated by one or more of the following:
(i) Appropriate provisions in the bargaining
agreement.
(ii) Signature to the
standards.
(iii) Letter from each
indicating agreement to the programs.
(iv) Establishment of a joint apprenticeship
committee.
(r) Provision
for recognition of successful completion. Recognition is acknowledged by a
Certificate of Completion of Apprenticeship.
(s) Provision addressing the sponsor's
responsibility to the apprentice and the public regarding safety, training
quality and ensuring acceptable practices performed by the
apprentice.
(2) The standards must conform to the requirements of 29 CFR section 29.5, as adopted by the department in ARM 24.21.302.
39-6-101, MCA; IMP, 39-6-106, MCA;
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