WAC 296-05-316
Apprenticeship agreements -- Standards
requirements. The WSATC shall have the authority to develop,
administer, and enforce program standards for the operation
and success of an apprenticeship and training program.
The sponsor's proposed program standards must include a
list of duties and responsibilities of the program sponsor
reasonably consistent with other approved program standards.
All apprenticeship agreements must comply with the
approved program standards, chapter 49.04 RCW, and these
rules. The standards of apprenticeship agreements must
include the following:
(1) A statement of the occupation to be taught and the
required hours for completion of apprenticeship which must not
be less than two thousand hours of reasonably continuous
employment.
(2) A statement identifying the program sponsor,
establishing the apprenticeship committee and enumerating the
sponsor's and committee's duties and responsibilities. This
statement must include provisions to:
(a) Elect a chair and a secretary from employer and
employee representatives of the committee.
Exception:
This provision is not necessary for a plant program.
(b) Convene at least three annual regular meetings of the
program sponsor and apprenticeship committee. The meetings
shall be at least three times per year, be attended by a
quorum of committee members (as defined in the approved
program standards), be documented with minutes which must be
periodically submitted to the department and made available to
the WSATC upon request. Conference call meetings may be
conducted in lieu of regular meetings but must not exceed the
number of attended meetings and no disciplinary action shall
be taken at conference call meetings.
(c) Explain the program sponsor's request for apprentices
in the area covered by the apprenticeship standards
established under these rules and a plan to include reasonable
continuous employment.
(d) Establish minimum standards of education and skilled
occupational experience required of apprentices.
(e) Rotate apprentices in the various processes of the
skilled occupation to assure a well-rounded, competent worker.
(f) Determine the adequacy of an employer to furnish
proper on-the-job training in accordance with the provisions
of the approved standards.
Exception:
This does not apply to plant programs.
(g) Recommend competent instructors as defined in WAC 296-05-003 and related/supplemental instruction in accordance
with state board for community and technical college
requirements.
(h) Coordinate related/supplemental instruction with
on-the-job work experience.
(i) Hear and adjust all complaints of violations of
apprenticeship agreements.
(j) Adopt, as necessary, program rules to administer the
apprenticeship program in compliance with its standards,
chapter 49.04 RCW, and these rules.
(k) Periodically review and evaluate apprentices before
advancement to the apprentice's next wage progression period.
(l) Maintain apprenticeship records and records of the
administrative program as may be required by the WSATC,
chapter 49.04 RCW, and these rules. (See WAC 296-05-318.)
(3) The following Equal Employment Opportunity Pledge:
"The recruitment, selection, employment and training of
apprentices during their apprenticeship shall be without
discrimination because of race, sex, color, religion, national
origin, age, disability or as otherwise specified by law. The
sponsor shall take positive action to provide equal
opportunity in apprenticeship and will operate the
apprenticeship program as required by the rules of the
Washington State Apprenticeship and Training Council and Title
29, Part 30 of the Code of Federal Regulations."
(4) When applicable, an equal employment opportunity plan
and selection procedures.
(5) A numeric ratio of apprentices to journey-level
workers may not exceed one apprentice per journey-level
worker. It must be consistent with proper supervision,
training, safety, continuity of employment, and applicable
provisions in collective bargaining agreement, if any. The
ratio must be described in the program standards and shall be
specific and clear as to application in terms of job site,
work group, department, or plant. An exception to this
requirement may be granted by the WSATC.
(6) A statement of the related/supplemental instruction
including content, format, and hours of study per year. Related/supplemental instruction shall not be less than one
hundred forty-four hours per year and shall be defined in the
standards per:
(a) Twelve-month period from date of registration; or
(b) Defined twelve-month school year; or
(c) Two thousand hours of on-the-job training.
If a sponsor does not prescribe hours of study, the WSATC
shall adopt (a) of this subsection for compliance purposes.
(7) An attendance policy which includes the following
provisions:
(a) If the apprentice fails to fulfill the
related/supplemental instruction obligations, the sponsor may
withhold the apprentice's periodic wage advancement, suspend
or cancel the apprenticeship agreement.
(b) That time spent in related/supplemental instruction
classes shall not be considered as hours of work and the
apprentice is not required to be paid for the classroom time.
(c) That all hours of actual attendance by the apprentice
in related/supplemental instruction classes must be reported
to the department on a quarterly basis.
(d) That the hours reported to the department will
clearly identify unpaid, supervised related/supplemental
instruction time versus paid or unsupervised time for
industrial insurance purposes.
(8) A provision to ensure that the sponsor provides for
instruction of the apprentice during the apprentice's
related/supplemental instruction in safe and healthful work
practices in compliance with the Washington Industrial Safety
and Health Act, and applicable federal and state regulations.
(9) A provision for a formal agreement between the
apprentice and the sponsor and for registering that agreement
with the supervisor.
(10) A provision for the timely notice to the department
of all requests for disposition or modification of
apprenticeship agreements including: Certificate of
completion; additional credit; suspension; military service;
reinstatement; cancellation; and corrections.
(11) A provision for granting of advanced standing or
credit for demonstrated competency, acquired experience,
training, education, or skills in or related to the occupation
and:
(a) In licensed trades regulated by electrical, plumbing,
and elevator programs at the department, apprenticeship
sponsors may give advanced credit or grant hours to
apprentices only up to the hours that have been approved by
the appropriate licensing entity prior to the sponsor granting
credit to the registered apprentice. Programs are not
required to use all hours granted by the regulatory section of
the department.
(b) All apprenticeship programs need to ensure that a
fair and equitable process is applied to apprentices seeking
advanced standing or credit.
(12) A provision for the transfer of an apprentice from
one training agent to another training agent or the sponsor in
order to provide to the extent possible, continuous employment
and diversity of training experiences for apprentices.
(13) A provision for the amendment of the standards or
deregistration of the program. This provision must comply
with chapter 49.04 RCW, these rules, and WSATC policies and
procedures.
(14) An apprenticeship appeal procedure in compliance
with chapters 49.04, 34.05 RCW, and these rules.
(15) A statement of the processes within the occupation
in which the apprentice is to be taught and the approximate
amount of time to be spent at each process.
(16) A statement of the number of hours to be spent by
the apprentice in work and the number of hours to be spent in
related/supplemental instruction. For competency based and
hybrid models as defined in WAC 296-05-315, the program
standards must 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.
(17) A statement of the minimum qualifications for
persons entering the apprenticeship program including the age
of the apprentice which may not be less than sixteen years of
age. Note: Seventeen years is the minimum age allowed for
applicants registering in building and construction trade
occupations. All exceptions to minimum qualifications, if
any, must be clearly stated and applied in a nondiscriminatory
manner.
(18) Provision that the services of the supervisor and
the WSATC may be utilized for consultation regarding the
settlement of differences arising out of the apprenticeship
agreement where such differences cannot be adjusted locally or
as required by the established apprenticeship standards
procedure.
(19) Provision that if an individual training agent is
unable to fulfill its obligation under the apprenticeship
agreement; it will transfer the obligation to the program
sponsor.
(20) Such additional standards as may be prescribed in
accordance with the provisions of this chapter.
(21) Disciplinary procedures and criteria for
apprentices. The procedures may include a committee-imposed
disciplinary probation during which the committee may
according to expressed criteria:
(a) Withhold periodic wage advancements;
(b) Suspend or cancel the apprenticeship agreement;
(c) Take further disciplinary action; or
(d) The disciplinary procedures must include a notice to
the apprentice that the apprentice has the right to file an
appeal, of the committee's action, to the WSATC.
(22) A provision for an initial probation which the WSATC
or the supervisor of apprenticeship may terminate an
apprenticeship agreement at the written request by any
affected party. 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, unless an
exemption has been granted for longer probationary periods as
specified by Civil Service or law. The initial probationary
period must be expressed in hours of employment. During the
initial probationary period, the apprenticeship agreement may
be terminated by the sponsor or the apprentice without a
hearing or stated cause. An appeal process is available to
apprentices who have completed the initial probationary
period.
(23) Provisions prohibiting discrimination on the race,
sex, color, religion, national origin, age, disability or as
otherwise specified by law during all phases of
apprenticeship.
(24) Provisions to ensure adequate records of the
selection process are kept for a period of at least five years
and are available to the WSATC or its representative on
request. ("Adequate records" means at least a brief summary
of any interviews and the conclusions reached on each of the
specific factors which are part of the total judgment
concerning each applicant.)
(25) Provisions to ensure that local committee rules and
regulations be consistent with these rules and the applicable
apprenticeship agreement.
(26) Provisions to ensure any proposed standards for
apprenticeship are reasonably consistent with any standards
for apprenticeship already approved by the WSATC for the
industry occupation in question. The goal is to achieve
general statewide uniformity of standards in each industry
occupation. Proposed standards for a new program shall be
considered consistent if they are equal to or exceed the
minimum number of hours approved by the United States
Department of Labor, Employment and Training Administration,
Office of Apprenticeship for a given occupation. If the
United States Department of Labor has not established a
minimum number of hours for an occupation, the WSATC may
utilize its discretion to determine the minimum number of
hours that must be achieved. In addition, the course content
and delivery method must be designed to achieve reasonably
consistent skills as existing standards within the state for
that industry occupation.
(27) A provision to ensure progressively increasing wage
scales based on specified percentages of journey-level wage. Sponsors must submit the journey-level wage at least annually
or whenever changed to the department. Wage reports may be
submitted on a form provided by the department.
A sample apprenticeship agreement and a standard form for
program standards are available from the supervisor.