PROPOSED RULES
TRAINING COUNCIL
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-15-134.
Title of Rule and Other Identifying Information: WAC 296-05-303 Apprenticeship committees -- Duties and responsibilities, see Purpose below.
Hearing Location(s): Department of Labor and Industries, 12806 Gateway Drive, Tukwila, WA, on December 7, 2004, at 1:00 p.m.; and at the Department of Labor and Industries, 901 North Monroe Street, Suite 100, Spokane, WA, on December 9, 2004, at 11:00 a.m.
Date of Intended Adoption: February 2, 2005.
Submit Written Comments to: Christine Swanson, 7273 Linderson Way, Olympia, WA 98504-4400, e-mail copc235@lni.wa.gov, fax (360) 902-5292, by December 17, 2004.
Assistance for Persons with Disabilities: Contact Christine Swanson by December 1, 2004, TTY (360) 902-5797 or (360) 902-6411.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule proposal creates a two-year pilot program (July 2004 - July 2006) to allow apprenticeship program sponsors to send registered apprentices to limited training agents. The rule outlines the requirements of the agreement between the program sponsor and the limited training agent (see below). The proposal also requires the department to conduct a study on the effect of the rule and report the findings to the Washington State Apprenticeship and Training Council.
Rule section affected: WAC 296-05-303 Apprenticeship Committee -- Duties and responsibilities.
(5) Apprenticeship program sponsors may send registered apprentices to limited training agents.
This shall be called a "limited training agent agreement," which is when an employer that is not currently a registered training agent to a set of apprenticeship standards, enters into a single public works project agreement with the program sponsor for the purposes of apprenticeship utilization. The limited training agent agreement must specify that:
| • | The program sponsor must ensure that all program requirements are being followed. |
| • | Apprenticeship utilization requirements must be in the public works contract. |
| • | The agreement is for a specific trade(s) or occupation(s). |
This limited training agent agreement does not obligate the employer to use registered apprentices in any other type of work or trade or occupation other than the one for which the limited training agreement is entered into.
This is a pilot program lasting for two years (July 2004 - July 2006).
The department must conduct a study and provide a report back to the Washington State Apprenticeship and Training Council on the effect of the rule. This report should contain vital information including the numbers of apprenticeship hours generated, any adverse impacts on apprenticeship programs and apprentices, any compliance problems, any health and safety problems, or other considerations requested by the council at a later date. This report is due to the WSATC by March 15, 2006.
Reasons Supporting Proposal: See Purpose 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.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: See Purpose above.
Name of Proponent: Department of Labor and Industries, governmental.
Name of Agency Personnel Responsible for Drafting: Nancy Mason, Tumwater, Washington, (360) 902-5321; Implementation 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.
November 3, 2004
Pete Crow
Chair
OTS-7544.1
AMENDATORY SECTION(Amending WSR 01-22-055, filed 10/31/01,
effective 1/17/02)
WAC 296-05-303
Apprenticeship committees -- Duties and
responsibilities.
(1) Apprenticeship committees are appointed
according to the provisions of RCW 49.04.040 and are composed
of at least four members but no more than twelve. However,
the WSATC may grant exceptions to this provision.
(2) Chapter 49.04 RCW, these rules, and the approved standards under which a committee operates define the duties of an apprenticeship committee. Committees shall function, administer or relinquish authority only with the consent of the WSATC.
(3) A committee is responsible for:
• The day-to-day operations of the apprenticeship and training program;
• Operating the program according to WSATC approved standards;
• Accepting or rejecting applicants for apprenticeship or training;
• Registering approved applicants with the supervisor;
• Removing apprentices from the program as provided by the approved program standards;
• Informing the supervisor of any matters that affect the standing of individuals as apprentices; and
• Entering into agreements with other apprenticeship committees for the use of apprentices by training agents that are working outside their approved geographic area served.
The WSATC will only recognize apprentices registered with the supervisor.
(4) Committees approved by the WSATC must offer training opportunities on an equal basis to all employers and apprentices including all rights, appeals, and services available in the existing apprenticeship program. All existing committees that represent multiple employer or employer associations, except for committees that represent plant programs, are expected to provide access to apprenticeship and training opportunities to employers not currently participating in the program. Those opportunities must:
• Provide training at a cost equivalent to that incurred by currently participating employers and apprentices;
• Grant equal treatment and opportunity for all apprentices;
• Offer reasonable working and training conditions and apply those conditions to all apprentices uniformly and equally;
• Not require an employer to sign a collective bargaining agreement as a condition of participation in an apprenticeship program;
• Require all employers requesting "approved training agent" status to comply with an WSATC approved agreement and all federal and state apprenticeship rules and the appropriate apprenticeship standards. (The training agent shall employ only registered apprentices when training for that occupation or trade);
• Require sponsors, who approve "approved training agent" agreements, to furnish the department with a copy of the agreement and/or the list of approved training agents within thirty days of committee approval; and
• Require sponsors who rescind "approved training agent" agreements and/or the list of approved training agents to notify the department that they have done so within thirty days of said action.
(5) Apprenticeship program sponsors may send registered apprentices to limited training agents.
This shall be called a "limited training agent agreement," which is when an employer that is not currently a registered training agent to a set of apprenticeship standards, enters into a single public works project agreement with the program sponsor for the purposes of apprenticeship utilization. The limited training agent agreement must specify that:
• The program sponsor must ensure that all program requirements are being followed.
• Apprenticeship utilization requirements must be in the public works contract.
• The agreement is for a specific trade(s) or occupation(s).
The limited training agent must sign the training agent form.
This limited training agent agreement does not obligate the employer to use registered apprentices in any other type of work or trade or occupation other than the one for which the limited training agreement is entered into.
This is a pilot program lasting for two years (July 2004 - July 2006).
The department must conduct a study and provide a report back to the Washington state apprenticeship and training council on the effect of the rule. This report should contain vital information including the numbers of apprenticeship hours generated, any adverse impacts on apprenticeship programs and apprentices, any compliance problems, any health and safety problems, or other considerations requested by the council at a later date. This report is due to the WSATC by March 15, 2006.
(6) If an existing committee fails to or refuses to offer apprenticeship and training opportunities to all employers, the WSATC may take action to remove the restrictions to access in order to comply with the intent of chapter 49.04 RCW and these rules. Action may include, but is not limited to, the decertification of the existing committee and recognition of a new committee.
[Statutory Authority: RCW 49.04.010, 2001 c 204, and chapter 49.04 RCW. 01-22-055, § 296-05-303, filed 10/31/01, effective 1/17/02.]