Current through Register Vol. 46, No. 39, September 25, 2024
No apprenticeship program shall be registered or
recertified unless the commissioner determines that the program meets all the
following standards:
(a) The program
shall be conducted under an organized, written plan embodying the terms and
conditions of employment, training, and supervision of one or more apprentices
in an apprenticeable occupation, as defined in this Part, and subscribed to by
a sponsor who has undertaken to carry out the program.
(b) The program documents shall contain the
equal opportunity pledge prescribed in section
600.4 of this Part and, in
programs having five or more registered apprentices:
(1) an affirmative action plan in accordance
with section
600.5 of this Title; and
(2) a selection method authorized in section
600.6 of this Title.
(c) The program plan shall
incorporate the following standards and provisions:
(1) the employment and training of the
apprentice in a skilled trade, and the required minimum qualifications for
persons entering the program, including an eligible starting age of not less
than 16 years, except where a higher minimum age standard is fixed by
law;
(2) the term of
apprenticeship, and the approach to be utilized pursuant to section
601.7 of this Part;
(3) the work processes in which the
apprentice will receive supervised work experience and training on the job, and
the allocation of the approximate time to be spent in each major
process;
(4) a comprehensive plan
for the related and supplemental instruction in technical subjects related to
the trade which will be provided to each apprentice, as required by section
812 of the Labor Law,
with prescribed minimum periods of instruction as determined by the State
Education Department, but not less than 144 hours per year;
(i) the designation of related and
supplemental instruction providers, and the medium for providing such
instruction, shall be identified for the entire period of the apprentice's
program;
(ii) all related and
supplemental instruction providers, and the medium for providing the
instruction, shall be identified on a form designated by the department and
approved by the State Department of Education or its designated local education
agency as provided for in 8 NYCRR Part 160;
(iii) any modifications or changes to the
provider of related and supplemental instruction must be submitted within 30
days for approval;
(iv) medium for
providing related instruction. Related and supplemental instruction may be
provided in person or via electronic media. The sponsor shall provide the
following information in order to be granted approval for the use of electronic
media:
(a) the rationale for implementing
electronic media;
(b) the type(s)
and availability of electronic media to be utilized;
(c) a list of the courses, description, and
the number of hours required to complete each course being delivered by
electronic media; and
(d) a
description of how testing and evaluation will be administered;
(5) the progressively
increasing schedule of wages to be paid the apprentice consistent with the
skill acquired. The entry wage shall be not less than the minimum wage
prescribed by Federal or State minimum wage law, unless a higher wage is
required by other applicable Federal law, State law, their respective
regulations, or by collective bargaining agreement;
(6) the sponsor's plans for a periodic review
and evaluation of the apprentice's progress in job performance and related and
supplemental instruction, and the manner in which the sponsor will maintain
records for each apprentice;
(7)
the numeric ratio of apprentices to journeyworkers under the program as
determined by the commissioner and posted on the department website, taking
into consideration: proper supervision, training, continuity of employment,
safety, and applicable provisions in collective bargaining
agreements;
(8) the sponsor's
certification that the sponsor will comply with applicable Federal, State and
local occupational safety and health standards, including the sponsor's
willingness to provide adequate and safe equipment and facilities for training
and supervision, and safety training for apprentices on the job;
(9) the probationary period for
apprentices;
(10) the placement and
registration of an apprentice in accordance with the provisions of section
601.6 of this Part. The
apprenticeship agreement shall directly, or by reference, incorporate the
standards of the program as part of the agreement;
(11) the manner, if any, by which the sponsor
proposes to grant advance standing or credit for previously acquired
experience, training, skills, or aptitude for all time-based program applicants
equally. Advanced standing for competency-based and hybrid program apprentices
shall be based solely upon competency-based testing given prior to the date
upon which the apprentice is registered. Minimum time requirements will be
waived for such pre-registration testing in hybrid programs. wages will be
adjusted if any advance standing or credit is granted;
(12) the manner in which the apprentice may
be transferred to another employer or program, with full credit to the
apprentice for satisfactory time spent and training learned;
(13) the sponsor's assurance that all
training will be conducted by qualified training personnel, and that such
personnel who provide related and supplemental instruction shall:
(i) meet the State Department of Education's
requirements for a vocational-technical instructor, 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 and supplemental
instruction;
(14) the
sponsor's assurance that it will provide proof when the apprentice has
successfully completed the apprenticeship, such that an appropriate New York
State certification of completion may be issued;
(15) the sponsor's assurance that it will
notify the department in accordance with section
601.4(e) of this
Part and will not implement modifications to essential elements of the program
such as type of apprentice wage progression, program duration, work process,
change of ownership, affirmative action plan, apprentice recruitment, or
decreases in apprentice wages without first submitting such modification to the
department and obtaining department approval. Any other modifications or
amendments to the program (such as sponsor name change, change of address,
increase in apprentice wages, sponsor representative, union representative)
shall be submitted to the department within 30 days of its effective date. The
ratio of apprentices to journeyworkers can be changed only for the entire trade
and such changes can only be made by the commissioner;
(16) the sponsor's agreement to notify the
commissioner of all apprentice registrations, cancellations, transfers, and of
all persons who have successfully completed their program within 30 days of
such event;
(17) the sponsor's
willingness to give reasonable notice to the apprentice of any proposed adverse
action, and cause therefore, with a reasonable opportunity for the apprentice
to undertake corrective action, where warranted, unless a substantially similar
procedure is provided for in the collective bargaining agreement;
(18) the sponsor's statement that the program
will be conducted, operated and administered in conformity with all applicable
provisions of this Part; and
(19)
the sponsor's agreement to promptly record, maintain and submit to the
department such records concerning apprenticeship as may be required by the
department pursuant to article 23 of the Labor Law, this Part and Part 600 of
this Title, and such other laws or regulations as may apply.
(d) The sponsor shall register
each apprentice:
(1) by filing a fully
executed copy of the apprenticeship agreement with the department for each
apprentice enrolled in the program; or
(2) by filing a master copy of an
apprenticeship agreement approved by the commissioner along with a list of the
name(s), address(es) and other data required by the department for registration
of each individual apprentice.
(e) All sponsors of time-based or hybrid
approach programs, and their signatories, if any, shall ensure that each of
their apprentices maintains a record that documents task rotation and the
skills acquired through the program. The apprentice shall maintain this record
in a format and in a manner approved by the department. The apprentice's blue
book is an acceptable method of recording task rotation and acquisition of
skills through the program. Any alternative method of recording task rotation
and skills acquisition shall be submitted to the department by the sponsor for
approval prior to implementing its use by apprentices. The apprentice's
immediate worksite journeyworker/supervisor, or an authorized representative of
the sponsor who can attest to the hours and type of work performed by the
apprentice during the period in question, is required to verify that the
information contained in the record is accurate and shall do so by signing the
record at least monthly. All sponsors of competency-based and hybrid programs
shall maintain a record for each apprentice of the dates and results of any
written or hands-on proficiency measurements administered.
(f) Transfer of apprentices.
(1) Intra-program transfers. A sponsor may
re-assign an apprentice from one signatory to another signatory within the same
program. The sponsor is not required to report that transfer to the department,
nor seek the approval of the apprentice.
(2) Inter-program transfers. An apprentice
registered with one sponsor, may be re-assigned to a different sponsor within
the same trade.
(i) The apprentice and the
sponsors must all agree to the transfer.
(ii) Reporting the transfer.
(a) When an inter-program transfer takes
place, the transferring sponsor shall file an apprenticeship agreement
terminating the apprentice, and the new sponsor shall execute a new
apprenticeship agreement and file it with the department in order to complete
the transfer.
(b) Apprenticeship
agreements need to be filed with the department within 30 days of a
transfer.
(iii)
Transferring apprentices shall be provided with a transcript of on-the- job
training and related and supplemental instruction by the current sponsor for
submission to the new sponsor, including accomplishments, credits, and hours of
training received by category/class name.
(3) Apprentices who leave one trade and
register in another trade are not considered to be transfers. Such apprentices
must meet the new sponsor's qualifications for the new trade. Credit for
advanced standing will be given only for that portion of the on-the-job
training and related and supplemental instruction time as may be determined by
the new sponsor as appropriate for that trade and approved by the
department.
(g)
Signatory updating requirements. All sponsors of group-joint and group
non-joint programs shall notify the department when an employer affiliates
with, or disaffiliates itself from, a program, and shall do so within 90 days
of the effective date. Such notification shall include the employer's name,
address, and either the employer's Federal employer identification number
(FEIN) or unemployment insurance employer number in an electronic format, as
specified by the department. Employers are considered to be associated with a
program even if such association is through some intermediary organization.
Employer inactivity in a program shall not, in and of itself, constitute
disassociation. Programs that use the ancillary group-sponsor signatory
agreement, rather than a department approved agreement drafted by the sponsor,
must provide copies of the completed ancillary group-sponsor signatory
agreements along with such notification.
(h) All apprentices, irrespective of prior
credit or advanced standing, must work in the program for a minimum of 2,000
hours for time-based programs.
