Preproposal statement of inquiry was filed as WSR 04-22-108.
Title of Rule and Other Identifying Information: WAC 296-05-316 Apprenticeship agreements -- Standards, this rule making proposes to clarify that apprenticeship program sponsors must demonstrate need for geographical expansion.
Hearing Location(s): Department of Labor and Industries, 12806 Gateway Drive, Tukwila, WA, on March 8, 2005, 9:00 a.m.; and at the Department of Labor and Industries, 901 North Monroe Street, Suite 100, Spokane, WA, on March 9, 2005, at 11:00 a.m.
Date of Intended Adoption: May 4, 2005.
Submit Written Comments to: Christine Swanson, 7273 Linderson Way S.E., Olympia, WA 98504-4400, e-mail firstname.lastname@example.org, fax (360) 902-5292, by March 15, 2005.
Assistance for Persons with Disabilities: Contact Christine Swanson, 902-6411 or email@example.com, by March 1, 2005, TTY (360) 902-5797 or (360) 902-6411.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making proposes to clarify in WAC 296-05-316 Apprenticeship agreements, that apprenticeship program sponsors must demonstrate need for geographical expansion.
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 49.04.010.
Statute Being Implemented: RCW 49.04.010.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Labor and Industries, governmental.
Name of Agency Personnel Responsible for Drafting: Christine Swanson, Tumwater, Washington, (360) 902-6411; Implementation: Nancy Mason, Tumwater, Washington, (360) 902-5321; and Enforcement: Patrick Woods, Tumwater, Washington, (360) 902-6348.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The Washington State Apprenticeship and Training Council (WSATC) has considered whether these proposed rules are subject to the Regulatory Fairness Act and has determined that they do not require a small business economic impact statement because the proposed rules are exempted by law (see RCW 19.85.025 referencing RCW 34.05.310(4)) from the small business economic impact requirements.
A cost-benefit analysis is not required under RCW 34.05.328. Significant rule-making criteria does not apply to these rule changes because the exempt criteria outlined in RCW 34.05.328(5) was met.
February 2, 2005
AMENDATORY SECTION(Amending WSR 02-10-083, filed 4/29/02, effective 6/1/02)
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 trade or craft 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.|
(c) Determine the program sponsor's need for apprentices
in the area covered by the apprenticeship standards
established under these rules. ((
The following are some examples of ways the program sponsor can demonstrate that the need for apprentices exists:
• Statistical analysis of workload projections((
• Information relating to expected workload growth ((
examples of ways the sponsor may demonstrate that the need for
(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.|
(h) Recommend a course outline for related/supplemental instruction, as well as 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 affirmative action 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, hours of study per year (which shall be a minimum of one hundred forty-four hours per year).
(7) An attendance policy which includes a provision that 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. A provision that time spent in related/supplemental instruction classes shall not be considered as hours of work and the apprentice is not paid for the classroom time. A provision that the hours of actual attendance by the apprentice in related supplemental instruction classes must be reported to the department on a quarterly basis 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 department.
(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;
• Military service;
• Cancellation; and
(11) A provision for advancing an apprentice's standing based on previous experience in the skilled trade or in some other related capacity.
(12) A provision for the transfer of an apprentice from one training agent to another training agent or the sponsor in order to provide as much as 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 in the trade or craft divisions 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 which instruction shall be not less than one hundred forty-four hours per year.
(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. 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 trade 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:
• Withhold periodic wage advancements;
• Suspend or cancel the apprenticeship agreement;
• Take further disciplinary action; or
• 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 probation must not exceed twenty percent of the term of apprenticeship 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, craft or trade in question taking into account the WSATC's determination of the apprenticeship needs of the trade and geographic area. (Statistical analysis of workload projections, demographics, and information relating to expected workload growth are examples of ways the sponsor may demonstrate that the need for apprentices exists.) The goal is to achieve general statewide uniformity of standards in each industry, trade or craft. 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 for a trade, craft, or occupation. If the United States Department of Labor has not established a minimum number of hours for a trade, craft, or 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 the same levels of skills as existing standards within the state for that industry, trade, or craft.
(27) A provision to ensure that the progressively increasing wage scales based on specified percentages of journey-level wage, which must be submitted, at least annually, to the WSATC. These 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.
[Statutory Authority: RCW 49.04.010 and 2001 c 204 (SHB 1234). 02-10-083, § 296-05-316, filed 4/29/02, effective 6/1/02. Statutory Authority: RCW 49.04.010, 2001 c 204, and chapter 49.04 RCW. 01-22-055, § 296-05-316, filed 10/31/01, effective 1/17/02.]