Pennsylvania Code
Title 34 - LABOR AND INDUSTRY
Part IV - Apprenticeship and Training Council
Chapter 83 - WELFARE OF APPRENTICES
Section 83.5 - Standards of apprenticeship
Universal Citation: 34 PA Code ยง 83.5
Current through Register Vol. 54, No. 44, November 2, 2024
(a) An apprenticeship program, to be eligible for registration by the Council, shall be an organized, written plan embodying the term and conditions of employment, training and supervision of one or more apprentices in an apprenticeable occupation, as defined in this chapter, and subscribed to by a sponsor who has undertaken to carry out the apprentice training program.
(b) The standards shall contain provisions concerning the following:
(1) The employment
and training of the apprentice in a skilled trade.
(2) A term of apprenticeship, not less than
one year or 2,000 hours, consistent with training requirements as established
by industry practice.
(3) An
outline of 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) Provision for organized related and
supplemental instruction in technical subjects related to the trade. A minimum
of 144 hours for each year of apprenticeship is recommended. Such instruction
may be given in a classroom, through trade, industrial or approved
correspondence courses of equivalent value.
(5) A progressively increasing schedule of
wages to be paid the apprentice. Wage rates shall be determined as follows:
Where apprentice wage rates are established by collective bargaining agreement,
they shall be accepted by the Council for apprentices covered by such
agreements. Where wage rates are not established by collective bargaining
agreements:
(i) The progressively increasing
schedule of apprentice wage rates shall be expressed in terms of percentages of
the journeyperson hourly rate.
(ii)
Such rates shall represent the minimum for each incremental period of
apprenticeship.
(iii) The hourly
rate for a journeyperson for each trade included in a registered program shall
be the average journeyperson hourly rate applicable to the employer and shall
be stated in terms of dollars and cents.
(iv) The entry wage shall not be less than
the State minimum wage, where applicable, unless a higher wage is required by
other applicable Federal law, State law or respective regulations.
(v) Modification of wage progression or
journeyperson wage shall be promptly reported to the Council.
(6) Periodic review and evaluation
of the progress of the apprentice in job performance and related instruction
and the maintenance of appropriate progress records.
(7) The ratio of apprentices to journeymen
should be consistent with proper supervision, training, and continuity of
employment or applicable provisions in collective bargaining agreements. The
standard Pennsylvania Apprenticeship and Training Council ratio for Non-Joint
programs shall be one apprentice employed for the first, second, third and
fourth journeymen regularly employed; two apprentices for the fifth, sixth,
seventh, eighth and ninth journeymen regularly employed; three apprentices for
the tenth, eleventh, twelfth, thirteenth and fourteenth journeymen regularly
employed, and so on in units of five journeymen regularly employed. Exemptions
to the Pennsylvania Apprenticeship and Training Council's standard ratios may
be granted upon written request and approval of the Council.
(8) A probationary period reasonable in
relation to the full apprenticeship term, with full credit for such period
toward completion of apprenticeship.
(9) Adequate and safe equipment facilities
for training and supervision, and safety training for apprentices on the job
and in related instruction.
(10)
The required minimum qualifications for persons entering an apprenticeship
program.
(11) The placement of an
apprentice under an apprenticeship agreement. The agreement shall directly, or
by reference, incorporate the standards of the program as part of the
agreement.
(12) 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.
(13) Transfer of
employer's training obligation to another employer when the employer is unable
to fulfill his obligation under the apprenticeship agreement, with consent of
the apprentice and apprenticeship committee or program sponsor, with full
credit to the apprentice for satisfactory time and training earned.
(14) Assurance of qualified training
personnel and adequate supervision on the job.
(15) Recognition for successful completion of
apprenticeship evidenced by an appropriate certificate.
(16) Identification of the registration
agency.
(17) Provision for the
registration, cancellation and deregistration of the program and requirement
for the prompt submission of any modification or amendment thereto.
(18) Provision for registration of
apprenticeship agreements, notice to the Council of persons who have
successfully completed apprenticeship programs, and notice of cancellations and
suspensions of apprenticeship agreements and cause therefore.
(19) Authority for the termination of an
apprenticeship agreement during the probationary period by either party without
stated cause.
(20) A statement that
the program will be conducted, operated and administered in conformity with the
Pennsylvania State Plan for Equal Employment Opportunity.
(21) Name and address of the appropriate
authority under the program to receive, process and make disposition of
complaints.
(22) Recording and
maintenance of records concerning apprenticeship as may be required by the
Council and applicable law.
This section cited in 34 Pa. Code § 83.2 (relating to definitions).
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