New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 2 - JOB TRAINING
Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN
Section 11.2.2.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
A. "Administrator" means the administrator of the office of apprenticeship (OA), or any person specifically designated by the administrator.
B. "Apprentice" means a worker at least 16 years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation as provided in 11.2.3.22 NMAC under standards of apprenticeship fulfilling the requirements of 11.2.3.23 NMAC.
C. "Apprenticeship committee" means those persons designated by the sponsor to administer the program. A committee may be either joint or non-joint, as follows:
D. "Apprenticeship program" means a plan containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, as required under 11.2.3 NMAC and 11.2.2 NMAC, including such matters as the requirement for a written apprenticeship agreement.
E. "Department" means the New Mexico department of workforce solutions.
F. "Direct threat" means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a "direct threat" must be based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job. This assessment must be based on a reasonable medical judgement that relies on the most current medical knowledge or on the best available objective evidence. In determining whether an individual would pose a direct threat, the factors to be considered include:
G. "Disability" means, with respect to an individual:
H. "EEO" means equal employment opportunity.
I. "Electronic media" means media that utilize electronics or electromechanical energy for the end user (audience) to access the content; and includes, but is not limited to, electronic storage media, transmission media, the Internet, extranet, lease lines, dial-up lines, private networks, and the physical movement of removable or transportable electronic media or interactive distance learning.
J. "Employer" means any person or organization employing an apprentice whether or not such person or organization is party to an apprenticeship agreement with the apprentice.
K. "Ethnicity" for purposes of recordkeeping and affirmative action, has the same meaning as under the office of management and budget's standards for the classification of federal data on race and ethnicity, or any successor standards. Ethnicity thus refers to the following designations:
L. "Genetic information" means:
M. "Journeyworker" means a worker who has attained a level of skill, abilities and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. (Use of this term may also refer to a mentor, technician, specialist or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical or formal training).
N. "Major life activities" include, but are not limited to: Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. The operation of a major bodily function includes the operation of an individual organ within a body system.
O. "Office of apprenticeship" (OA) means the office designated by the employment and training administration of the U.S. department of labor to administer the national registered apprenticeship system or its successor organization.
P. "Physical or mental impairment" means:
Q. Pre-apprenticeship program" means a training model designed to assist individuals who do not currently possess the minimum requirements for selection into an apprenticeship program to meet the minimum selection criteria established in a program sponsor's apprenticeship standards required under 11.2.3 NMAC and which maintains at least one documented partnership with a registered apprenticeship program. It involves a form of structured workplace education and training in which an employer, employer group, industry association, labor union, community-based organization, or educational institution collaborates to provide formal instruction that will introduce participants to the competencies, skills, and materials used in one or more apprenticeable occupations. It may also involve provision of supportive services such as transportation, child care, and income support to assist participants in the successful completion of the pre-apprenticeship program.
R. "Qualified applicant or apprentice" is an individual who, with or without reasonable accommodation, can perform the essential functions of the apprenticeship program for which the individual applied or is enrolled.
S. "Race" for purposes of record keeping and affirmative action, has the same meaning as under the office of management and budget's standards for the classification of federal data on race and ethnicity or any successor standards. Race thus refers to the following designations:
T. "Reasonable accommodation"
U. "Registration agency" means the New Mexico department of workforce solutions.
V. "Selection procedures" means any measure, combination of measures, or procedure used as a basis for any decision in apprenticeship. Selection procedures include the full range of assessment techniques from traditional paper and pencil tests, performance tests, training programs, or probationary periods and physical, educational, and work experience requirements through informal or casual interviews and unscored application forms.
W. "Sponsor" means any person, association, committee or organization operating an apprenticeship program and in whose name the program is (or is to be) registered and approved.
X. "Undue hardship":