B. Development of standards: In order to
promote good apprenticeship policies and procedures each apprenticeship program
sponsor, who desires registration by the department, shall formulate, adopt,
and submit to the department for review a set of apprenticeship standards. The
purpose of these standards is to provide rules for the operation of the
apprenticeship program. An apprenticeship program, to be eligible for
registration by the department shall conform to the following standards:
(1) The program shall have an organized,
written plan (program standards) embodying the terms and conditions of
employment, related instruction, and supervision of one or more apprentices in
the apprenticeable occupation, as defined in this part and subscribed to by a
sponsor who has undertaken to carry out the apprentice training
program.
(2) The program standards
shall contain provisions that address:
(a) the
employment and training of the apprentice in a skilled occupation;
(b) 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 (at least 2,000 hours) (time-based
approach), the attainment of competency (competency-based approach), or a blend
of the time-based and competency-based approaches (hybrid approach);
(i) the time-based approach 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;
(ii) the competency-based approach measures
skill acquisition through the individual apprentice's successful demonstration
of acquired skills and knowledge, as verified by the program sponsor; programs
utilizing this approach shall still require apprentices to complete an
on-the-job learning component of registered apprenticeship; the program
standards shall address how on-the-job learning will be integrated into the
program, describe competencies, and identify an appropriate means of testing
and evaluation for such competencies;
(iii) the hybrid approach measures the
individual apprentice's skill acquisition through a combination of specified
minimum number of hours of on-the-job learning and the successful demonstration
of competency as described in a work process schedule;
(c) the determination of the appropriate
approach for the program standards is made by the program sponsor, subject to
approval by the department of the determination as appropriate to the
apprenticeable occupation for which the program standards are
registered;
(d) an outline of 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;
(e) provisions or organized related and
supplemental instruction in technical subjects related to the trade; a minimum
of 144 hours for each year of apprenticeship is recommended. This instruction
in technical subjects may be accomplished through media such as classroom,
occupational or industry courses, electronic media, or other instruction
approved by the department
(f)
every apprenticeship instructor shall:
(i)
meet the state department of education's requirements for a
vocational-technical instructor in the state of registration, or be a subject
matter expert, which is an individual, such as a journeyworker, who is
recognized within an industry as having expertise in a specific occupation;
and
(ii) have training in teaching
techniques and adult learning styles, which may occur before or after the
apprenticeship instructor has started to provide the related technical
instruction;
(g) a
progressively increasing schedule of wages to be paid to the apprentice
consistent with the skill acquired; the entry wage shall 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;
(h) periodic review and evaluation of the
apprentice's performance on the job and in related instruction; and the
maintenance of appropriate progress records;
(i) a numeric ratio of apprentices to
journeyworkers consistent with established industry practices, 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 ratio
language shall be specific and clearly described as to its application to the
job site, workforce, department or plant;
(j) 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 twenty-five percent of the length of the program, or one year, whichever
is shorter;
(k) adequate and safe
equipment and facilities for training and supervision, and safety training for
apprentices on the job and in related instruction;
(l) the minimum qualifications required by a
sponsor for persons entering the apprenticeship program, with an eligible
starting age not less than 16 years;
(m) the placement of an apprentice under a
written apprenticeship agreement that meets the requirements of
11.2.3.27 NMAC; the agreement
shall directly, or by reference, incorporate the standards of the program as
part of the agreement;
(n) the
granting of advanced standing or credit for previously acquired experience,
training or skills for all applicants equally with commensurate wages for any
progression step so granted; all credit, which is to be granted, shall be
reported to the office of the department in accordance with adopted procedures
and guidelines;
(o) the transfer of
an apprentice between apprenticeship programs and within an apprenticeship
program shall be based on agreement between the apprentice and the affected
apprenticeship committees or program sponsors, and shall comply with the
following requirements:
(i) the transferring
apprentice shall be provided a transcript of related instruction and on-the-job
learning by the committee or program sponsor;
(ii) transfer shall be to the same
occupation; and
(iii) a new
apprenticeship agreement shall be executed when the transfer occurs between
program sponsors;
(p)
assurance of qualified training personnel and adequate supervision on the
job;
(q) recognition for successful
completion of apprenticeship evidenced by an appropriate certificate issued by
the department;
(r) program
standards that utilize the competency-based or hybrid approach for progression
through an apprenticeship and that choose to issue interim credentials shall
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
shall 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;
(s) identification of
the department;
(t) provision for
the registration, cancellation and deregistration of the program; and for the
prompt submission of any program standard modification or amendment to the
department for approval;
(u)
provision for the registration of apprenticeship agreements, modifications, and
amendments; notice to the SAA 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;
(v) 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;
(w) a statement that the program will be
conducted, operated, and administered in conformity with applicable provisions
of 11.2.2 NMAC equal opportunity in apprenticeship state plan;
(x) contact information (name, address,
telephone number, and e-mail address if appropriate) for the appropriate
individual with authority under the program to receive, process and make
disposition of complaints;
(y)
recording and maintenance of all records concerning apprenticeship as may be
required by the OA or the department and other applicable law;
(z) all standards registered with the
department shall contain a provision which states that the director or his or
her designee shall be an ex-officio member, without vote, of any committee
which functions to administer the apprenticeship program;
(aa) provision which clearly states that the
director or his or her designee shall have the right to visit all job sites
where apprentices may be employed, and apprentice related instruction classes,
in order to determine compliance with apprenticeship standards; and
(bb) a written assurance that the sponsor is:
1) aware of the availability of Title 38
educational assistance for veterans and other eligible individuals;
2) will make a good faith effort to obtain
approval for such educational assistance for each program location that
recruits or employs a veteran or other eligible individual; and
3) will not deny the application of a
qualified apprenticeship applicant who is a veteran or other individual
qualified for Title 38 educational benefits for the purpose of avoiding making
a good faith effort to obtain approval for such benefits.