WAC 296-05-003
Definitions. The following definitions
apply to this chapter:
Adjudicative proceeding: A proceeding before the WSATC
in which an opportunity for a hearing before the WSATC is
authorized by chapter 49.04 RCW or these rules before or after
the entry of an order by the WSATC.
Apprentice: Is a worker at least sixteen years of age
who is employed to learn an apprenticeable occupation and is
registered with a sponsor in an approved apprenticeship
program according to chapter 49.04 RCW and these rules.
Exception:
Seventeen years is the minimum age allowed for applicants registering in building and construction trade occupations.
Apprenticeable occupation: Is a skilled occupation which
is recognized by the United States Department of Labor,
Employment and Training Administration, Office of
Apprenticeship or the WSATC and meets the criteria established
in WAC 296-05-305.
Apprenticeship agreement: A written agreement between an
apprentice and either the apprentice's employer(s), or an
apprenticeship committee acting as agent for employer(s),
containing the terms and conditions of the employment and
training of the apprentice.
Apprenticeship committee: A quasi-public entity approved
by the WSATC to perform apprenticeship and training services
for employers and employees.
Apprenticeship program: A plan for administering an
apprenticeship agreement(s). The plan must contain all terms
and conditions for the qualification, recruitment, selection,
employment and training of apprentices, including such matters
as the requirement for a written apprenticeship agreement.
Approved: Approved by the WSATC or a person or entity
authorized by the WSATC to do so.
CFR: The Code of Federal Regulations.
Cancellation: The termination of the registration or
approval status of a program at the request of the supervisor
or sponsor. Cancellation also refers to the termination of an
apprenticeship agreement at the request of the apprentice,
supervisor, or sponsor.
Certificate of completion: A record of the successful
completion of a term of apprenticeship (see WAC 296-05-323).
Certification: Written approval by the WSATC of:
(1) A set of apprenticeship standards established by an
apprenticeship program sponsor and substantially conforming to
the standards established by the WSATC.
(2) An individual as eligible for probationary employment
as an apprentice under a registered apprenticeship program.
Committee program: All apprenticeship programs as
further described in WAC 296-05-309.
Competent instructor: An instructor who has demonstrated
a satisfactory employment performance in his/her occupation
for a minimum of three years beyond the customary learning
period for that occupation and:
(1) Meets the state board for community and technical
colleges requirements for a vocational-technical instructor,
or be a subject matter expert, which is an individual, such as
a journey worker, who is recognized within an industry as
having expertise in a specific occupation; and
(2) Has training in teaching techniques and adult
learning styles, which may occur before or within one year
after the apprenticeship instructor has started to provide the
related technical instruction.
Competitor: A competing apprenticeship program that
provides training in the same or overlapping occupation as the
proposed program in the same geographic area proposed. In
determining whether an occupation is the same or overlapping
as the proposed program's occupation, the council may consider
the following:
(1) Washington state apprenticeship and training council
approved apprenticeship standards;
(2) Collective bargaining agreements;
(3) Dictionaries of occupational titles;
(4) Experts from organized labor, licensed contractors,
and contractors' associations;
(5) Recognized labor and management industry practice;
(6) Scope of work descriptions issued by the department.
Completion rate: The percentage of an apprenticeship
cohort who receives a certificate of apprenticeship completion
within one year of the projected completion date. An
apprenticeship cohort is the group of individual apprentices
registered to a specific program during a one year time frame,
except that a cohort does not include the apprentices whose
apprenticeship agreement has been canceled during the initial
probationary period.
Compliance review: A comprehensive review conducted by
the apprenticeship section of the department of labor and
industries regarding all aspects of an apprenticeship
program's performance including, but not limited to,
determining if apprentices are receiving: On-the-job training
in all phases of the apprenticeable occupation; scheduled wage
increases consistent with the registered standards; related
instruction through appropriate curriculum and delivery
systems; and that the registration agency is receiving
notification of all new registrations, cancellations, and
completions as required in this chapter.
Current instruction: The related/supplemental
instructional content is and remains reasonably consistent
with the latest occupational practices, improvements, and
technical advances.
Department: The department of labor and industries.
Employer: Any person or organization employing an
apprentice whether or not such person or organization is a
party to an apprenticeship agreement with the apprentice. "Employer" includes both union and open shop employers.
File: To send to:
Supervisor of Apprenticeship and Training
Department of Labor and Industries
Apprenticeship Section
Post Office Box 44530
Olympia, Washington 98504-4530
Or deliver to and receipt at:
Department of Labor and Industries
7273 Linderson Way SE
Tumwater, Washington 98501
Individual agreement: A written agreement between an
apprentice and/or trainee and either the apprentice's employer
or an apprenticeship committee acting as agent for the
employer.
Industry wide standards: The current, acceptable
practices, including technological advancements, being used in
the different occupations.
Journey level: An individual who has sufficient skills
and knowledge of an occupation, either through formal
apprenticeship training or through practical on-the-job work
experience, to be recognized by a state or federal
registration agency and/or an industry as being fully
qualified to perform the work of the occupation. Practical
experience must be equal to or greater than the term of
apprenticeship.
On-the-job training program: A program that is set up in
the same manner as an apprenticeship program with any
exceptions authorized by the WSATC and as further described in
WAC 296-05-311.
Notice: Where not otherwise specified, notice means
posted in United States mail to the last known address of the
person to be notified. Notice may be given by telefacsimile
where copies are mailed simultaneously or by a commercial
parcel delivery company.
Petitions, requests, and correspondence: Any written
business brought before the WSATC (examples may include: (1)
Requests for new committees; (2) Requests for revisions to the
standards; and (3) Appeals).
Probation: (1) Initial: A period of time reasonable in
relation to the full apprenticeship term, with full credit
given for such period toward completion of apprenticeship. The initial probationary period cannot exceed twenty percent
of the term of the program, or one year from the date of
registration, whichever is shorter. Initial probationary
apprentices are not subject to an appeal under the complaint
review procedures as defined in WAC 296-05-009. Transferred
apprentices are not subject to additional initial probationary
periods.
(2) Disciplinary: A time assessed when the apprentice's
progress is not satisfactory. During this time the program
sponsor may withhold periodic wage advancements, suspend or
cancel the apprenticeship agreement, or take further
disciplinary action. A disciplinary probation may only be
assessed after the initial probation is completed. During the
disciplinary probation, the apprentice has the right to file
an appeal of the committee's action with the WSATC (as
described in WAC 296-05-009).
Provisional registration: The one-year initial approval
of newly registered programs that meet the required standards
for program registration, after which the program approval may
be made permanent, continued as provisional through the first
full training cycle/term, or rescinded following a compliance
review by the apprenticeship section of the department.
RCW: The Revised Code of Washington.
Registration: (1) For the purposes of an apprenticeship
agreement means the acceptance and recording of an
apprenticeship agreement by the apprenticeship section of the
department of labor and industries as evidence of the
apprentice's participation in a particular registered
apprenticeship program.
(2) For the purposes of an apprenticeship program means
the acceptance and recording of such program by the WSATC and
apprenticeship section of the department of labor and
industries, as meeting the basic standards and requirements of
the department for approval of such program. Approval is
evidenced by a certificate of registration or other written
indicia.
Registration agency: The apprenticeship section of the
Washington state department of labor and industries is
responsible for registering apprenticeship programs and
apprentices; providing technical assistance; conducting
reviews for compliance with 29 CFR parts 29 and 30, chapters 49.04 RCW and 296-05 WAC.
Regular quarterly meeting: A public meeting held
quarterly by the WSATC as described in WAC 296-05-200.
Related/supplemental instruction: An organized and
systematic form of instruction designed to provide the
apprentice with knowledge of the theoretical and technical
subjects related to the apprentice's occupation. Such
instruction may be given in a classroom, through occupational
or industrial courses, or by correspondence courses of
equivalent value, electronic media, or other forms of
self-study approved by the registration agency.
Secretary: The individual appointed by the director of
the department according to RCW 49.04.030.
Special meeting: A public meeting of the council as
described in WAC 296-05-203.
Sponsor: Any person, firm, association, committee, or
organization operating an apprenticeship and training program
and in whose name the program is registered or is to be
registered.
Standards: Is a written agreement containing specific
provisions for operation and administration of the
apprenticeship program and all terms and conditions for the
qualifications, recruitment, selection, employment, and
training of apprentices, as further defined in WAC 296-05-316.
Supervision: The necessary education, assistance, and
control provided by a journey-level employee that is on the
same job site at least seventy-five percent of each working
day, unless otherwise approved by the WSATC.
Supervisor: The individual appointed by the director of
the department according to RCW 49.04.030 who acts as the
secretary of the WSATC. Where these rules indicate a duty of
the supervisor or secretary of the WSATC, the supervisor may
designate a department of labor and industries' employee to
assist in the performance of those duties subject to the
supervisor's oversight and direction.
Trainee: An individual registered with the supervisor
according to WAC 296-05-311.
Training agent: Employer of registered apprentices
approved by the program sponsor to furnish on-the-job training
to satisfy the approved apprenticeship program standards who
agrees to employ registered apprentices in that work process. The training agent shall use only registered apprentices to
perform the work processes of the approved program standards.
Training agreement: A written agreement between a
training agent and a program sponsor that contains the
provisions of the apprenticeship program applicable to the
training agent and the duties of the training agent in
providing on-the-job training.
Transfer: A shift of apprenticeship registration from
one sponsor to another where there is written agreement
between the apprentice and the affected apprenticeship
committees or program sponsors.
WAC: The Washington Administrative Code.
WSATC: The Washington state apprenticeship and training
council.