DEPARTMENT OF

LABOR AND INDUSTRIES

(1) These rules apply to apprenticeships in Washington. The intent of these rules is to carry out the purposes of chapter 49.04 RCW, the National Apprenticeship Act 29 U.S.C. 50, and 29 C.F.R. Parts 29 and 30 to promote apprenticeship, labor standards and to protect the welfare of apprentices.

(a) The Washington ((State Apprenticeship and Training Act (chapter 49.04 RCW) establishes the Washington)) state apprenticeship and training council (WSATC) ((as regulatory and designates as its administrative arm the apprenticeship section of the department of labor and industries. The WSATC, acting in compliance)) regulates apprenticeships for state and federal purposes. These rules explain how the WSATC regulates apprenticeships.

(2) These rules establish procedures for administering and regulating apprenticeships. These rules are intended to be read in conjunction with chapter 49.04 RCW ((and in harmony with)), 29 U.S.C. 50, 29 C.F.R. Parts 29 and ((29 C.F.R. Part)) 30, ((has adopted these rules to:

(g) Regulate registered apprenticeship and training programs)) and other applicable laws as described in these rules.

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)) under chapter 49.04 RCW and these rules. Building and construction trade occupations require an apprentice to be at least seventeen years of age to register with a sponsor in an approved apprenticeship.

Apprenticeable occupation: ((Is a skilled)) A specified 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)) must:

(f) Not be part of an occupation previously recognized by the registering agency as apprenticeable.

Apprenticeship agreement: A written agreement between an apprentice and either the apprentice's ((employer(s))) program sponsor, or an apprenticeship committee acting as agent for ((employer(s), containing)) the program sponsor(s), which contains the terms and conditions of the employment ((and)), training and education of the apprentice.

Apprenticeship committee: A quasi-public entity approved by the WSATC to administer and perform apprenticeship and training services ((for employers and employees)).

Apprenticeship program: A plan for administering an apprenticeship ((agreement(s). The plan must contain)) agreement containing all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices((, including such matters as the requirement for a written)). Apprenticeship programs must include apprenticeship agreements.

C.F.R.: The Code of Federal Regulations.)) Apprenticeship section: The division of the department of labor and industries administering registered apprenticeships for state and federal purposes.

Cancellation: The termination of ((the)) registration or cancellation of approval ((status of a)) for an apprenticeship program at the request of the supervisor or sponsor((. Cancellation also refers to)), or the termination of registration or approval 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))) issued by the department on behalf of the WSATC.

Certification: Written approval ((by)) from the WSATC ((of)) that:

(((1))) (a) A set of apprenticeship standards established by an apprenticeship program sponsor ((and)) substantially ((conforming to the)) complies with standards established by the WSATC((.

(b) An individual ((as)) is eligible for probationary employment as ((an)) a registered apprentice ((under a registered)) as part of an apprenticeship program.

((Committee program: All apprenticeship programs as further described in WAC 296-05-309.)) C.F.R: Code of Federal Regulations.

Competent instructor: An instructor providing related supplemental instruction who has demonstrated ((a)) satisfactory ((employment)) performance in ((his/her)) the occupation for a minimum of three years beyond the customary learning period for that occupation and who:

(((1))) (a) Meets the requirements of 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)); or

(b) Is recognized within an industry as having expertise in a specific occupation((;)) and is a subject matter expert; and

(((2))) (c) Has training in teaching techniques and adult learning styles((, which may occur before or)). The training may be acquired before, or within one year after, the ((apprenticeship)) competent instructor ((has started)) begins to provide ((the)) related ((technical)) supplemental instruction.

Competitor: ((A competing)) An apprenticeship program ((that provides)) providing training in the same or ((overlapping)) similar occupation as ((the proposed program in the same)) one already existing in a certain geographic area ((proposed. In determining whether an occupation is the same or overlapping as the proposed program's)). To determine whether a program provides training in the same or similar occupation, the ((council)) WSATC may consider ((the following)):

(((1) Washington state apprenticeship and training council)) (a) Approved apprenticeship standards;

(((2))) (b) Collective bargaining agreements;

(((3))) (c) Dictionaries of occupational titles;

(((4))) (d) Experts from organized labor, licensed contractors, and contractors' associations;

(((5))) (e) Recognized labor and management industry practice;

(((6))) (f) Scope of work descriptions issued by the department.

Completion rate: The percentage of an apprenticeship cohort ((who receives)) receiving 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.

Department: ((The)) Department of labor and industries.

Employer: Any person or organization with a valid Washington state unified business identifier (UBI) number 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)).

Federal purposes: ((Includes)) Any federal contract, grant, agreement, or arrangement dealing with apprenticeship((; and)). Includes any federal financial or other assistance, benefit, ((privilege,)) contribution, privilege, allowance, exemption, preference, or right pertaining to apprenticeship ((as per)). See e.g., 29 C.F.R. Part 29.2.

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 S.E.

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)) having 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. An individual can be fully qualified either through formal apprenticeship training or practical on-the-job work 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.

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))) 296-05-013.

((Probation)) Probationary period: (((1))) A period of time during which the apprentice has not yet reached full status or is subject to corrective action.

(a) Initial probationary period: 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)), which cannot exceed twenty percent of the apprenticeship term ((of the program)), or one year from the date of registration, whichever is shorter. Apprentices within the initial probationary ((apprentices are not subject to an appeal under the complaint review procedures as defined in WAC 296-05-009. Transferred apprentices)) period may not file apprenticeship complaints with the program sponsor. Apprentices transferring from another program are not subject to additional initial probationary periods.

(((2))) (b) Disciplinary probationary period: A period of time ((assessed when)) after the initial probationary period during which 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. Apprentices subject to 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))) probationary period may file complaints with the program sponsor.

Provisional registration: ((The one-year)) Initial one-year approval of ((newly)) a registered program((s that meet)) meeting the required standards for ((program)) registration((, after which the program approval)). After one year, the provisional registration may be made permanent((,)) or continued as provisional through the first full training ((cycle/term)) cycle, 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)) Both apprenticeship agreements and apprenticeship program standards are registered.

(a) Apprenticeship agreement ((means)) registration: 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)) (b) Apprenticeship program ((means the acceptance)) registration: The approval and recording of ((such)) the program standards by the WSATC and the 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)) as meeting the basic standards and requirements for such approval.

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((;)), and conducting reviews for compliance with ((29 C.F.R. parts 29 and 30,)) chapter((s)) 49.04 RCW and ((296-05 WAC)) these rules.

Related/supplemental instruction (RSI): 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.)) It may be provided in any form approved in advance by the WSATC. Apprentices must receive not less than one hundred forty-four hours of RSI per program year.

Secretary: The individual appointed by the director of the department according to RCW 49.04.030.

Sponsor: Any person, firm, association, committee, or organization operating as 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)) 296-05-015.

Supervision: The necessary education, assistance, and control provided by a journey-level employee ((that is)) to an apprentice. Apprentices must be supervised by a journey-level worker 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)) When these rules ((indicate)) create a duty of the supervisor or secretary of the WSATC, the supervisor may designate ((a)) department of labor and industries' employees to assist in the performance of those duties subject to the supervisor's oversight and direction.

Trainee: An individual enrolled in an on-the-job training program, but who is not registered with ((the supervisor according to WAC 296-05-311)) a sponsor in an approved apprenticeship program under chapter 49.04 RCW and these rules.

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)) in accordance with approved program standards.

Training agreement: A written agreement between a training agent and a program sponsor ((that contains)) containing 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)) with a 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.

Or email address: apprentice@LNI.wa.gov)) (1) Officers: The WSATC shall have three officers. The chair and vice chair shall be elected by majority vote of the WSATC members present. Election takes place in odd-numbered years at the regular quarterly meeting in April. Once elected, officers remain in office for a term of two years, until the successor is elected, or until resignation, incapacitation, or death. Officers follow Robert's Rules of Order to conduct meetings. Officers may have other powers and duties as provided in these rules and by law. The secretary, chair, and vice chair are required officers, as described in chapter 49.04 RCW and these rules:

(d) Any aggrieved party may appeal the final decision to superior court pursuant to chapter 34.05 RCW. If no party appeals within the period set by RCW 34.05.542, the director's decision is final and binding on all parties.)) (1) In addition to serving as the WSATC administrator, the duties of the supervisor and their designee may include, but are not limited to:

(4) The department may attempt to facilitate a resolution to any objections during the process identified in this section.)) (1) Regular meetings: Convened on the third Thursday of January, April, July, and October, held at locations within Washington, and open to the general public. Members of the public cannot be required to register their name, give any information, or fulfill any condition prior to attending council meetings. All council meetings must be conducted according to the provisions of chapter 42.30 RCW, Open Public Meetings Act and chapter 34.05 RCW, Administrative Procedure Act.

(6) Within thirty calendar days after the hearing, the WSATC must issue a written decision resolving the controversy. The WSATC's decision may be to affirm the decision of the supervisor. In that case, the supervisor's decision becomes the decision of the WSATC. All parties to the informal hearing must be sent a copy of the WSATC's decision. The chair may sign the decision for the WSATC.)) (1) A sponsoring apprenticeship committee is responsible for the day-to-day operations of the apprenticeship and training program and operating the program consistent with the standards of the WSATC. Committees may be either:

(b) Provide recommendations to the sponsor to assist in achieving compliance.)) (1) The WSATC approves and registers apprenticeship and training programs. At the regular quarterly meeting, the proposed committee and/or standards will be considered by the WSATC. The WSATC will approve provided the sponsor accepts changes recommended by the WSATC, or disapprove.

(5) For provisionally approved programs (see WAC 296-05-003) the WSATC may continue approval as provisional through the first full training cycle/term, or rescind approval following a compliance review by the apprenticeship section of the department of labor and industries.)) (1) An on-the-job training program involves two thousand or fewer hours of employment in an occupation for which there is no registered apprenticeship program established in accordance with these rules.

(5) The supervisor shall place WSATC determinations under this section on file for public review. The supervisor shall maintain a list of all training agents who, as a result of a determination they are out of compliance pursuant to RCW 39.04.350 (1)(e) and 39.12.055(3), are ineligible to bid on a public works contract, or to have a bid accepted. The supervisor shall make the list available to the public upon request.)) Apprenticeship program standards govern apprenticeship agreements between a program sponsor and an individual apprentice and define the term of the apprenticeship. The WSATC develops, administers, and enforces apprenticeship program standards, which are incorporated into apprenticeship agreements. Proposed standards must be reasonably consistent with existing standards in the trade or occupation. Proposed standards are reasonably consistent with existing standards when standards meet or exceed the minimum number of hours approved by the United States Department of Labor in the trade or occupation, if approval has been made. If not, the WSATC may use its discretion to determine whether standards are reasonably consistent with existing standards.

(4) An appointed member shall remain on the council until replaced by a qualified successor. When a vacancy does occur, it shall be filled for the remaining portion of the vacated term.)) (1) Program sponsors must keep adequate records including, but not limited to, the following:

(2) The chair and vice chair shall be elected by majority vote of the WSATC members present. This election will take place in odd-numbered years at the April regular quarterly meeting. They shall hold office for a term of two years and until the successor(s) are elected, or until death, resignation, or incapacitation. The supervisor of apprenticeship shall be the secretary of the WSATC.)) (1) Individual apprentices enter into apprenticeship agreements with the program sponsor. Agreements must be filed with the apprenticeship supervisor. The apprenticeship supervisor approves and registers the agreements.

(3) The secretary, with the assistance of a recording secretary, must take and keep minutes of all special and regular meetings on file in the supervisor's office. The secretary must forward copies of minutes of all meetings to all regular and ex officio members of the WSATC. The secretary must also make copies of the minutes of all meetings available to the public upon written request. The secretary may also have other powers and duties that are provided in these rules or are usual or customary to the office of secretary; and as provided in Robert's Rules of Order.)) (1) Except as provided otherwise by federal or state law, the apprentice must complete the initial probationary period in order to be eligible to appeal the program sponsor's decision on a complaint.

(f) Conducts compliance reviews as specified in WAC 296-05-011.)) The supervisor may investigate whether a training agent is in compliance with RCW 39.04.350 (1)(e) and/or 39.12.055(3).

((The WSATC may issue awards when appropriate.)) (1) The apprenticeship section conducts reviews as required by RCW 49.04.030 to determine a program's compliance with chapter 49.04 RCW, 29 C.F.R. Parts 29 and 30, and these rules. Compliance reviews consist of a comprehensive analysis and evaluation, including an on-site visit and performance review. Compliance reviews may be required for all existing programs on a regular and comprehensive basis.

In addition, notices of meetings may be sent to all persons, organizations, agencies, or interested parties whose presence is desired and to any newspaper, news service, television, radio station, or other interested parties who have requested notices of WSATC meetings. The supervisor must distribute the notice of the regular meeting at least thirty calendar days prior to the meeting date.)) (1) When the supervisor determines that a program is operating in violation of its program standards, these rules, or applicable laws, the supervisor may recommend a program's registration be canceled. Cancellation of a program also serves to cancel any apprenticeship agreements.

(5) If the notice requirements in this section are not followed, any action taken by the WSATC at the special meeting will be null and void. However, the notice requirements can be waived if each regular WSATC member signs a written waiver of notice, at or prior to the meeting, and files it with the supervisor. With this filing, the notice shall be considered waived by any WSATC member present when the meeting convenes. Rule changes may not be made at special meetings where the notice requirements have been waived unless the requirements of chapter 34.05 RCW have been satisfied.)) (1) The apprenticeship section is a state apprenticeship agency for federal purposes, as required by 29 C.F.R. Part 30.

(4) When an apprenticeship committee petitions the council or the supervisor, only the signature of the elected chair and secretary of the committee shall be accepted as a valid signature unless the petitioning committee has asked the council to recognize and accept the signature of another person. A petition requesting the recognition of a signature other than that of the elected chair and secretary must be signed by a quorum of the members from the petitioning committee.)) Any apprenticeship program deregistered as authorized by these rules may be reinstated upon presentation of adequate evidence to the WSATC that the apprenticeship program is operating in compliance with these rules.

(2) The approval or disapproval of committee programs, plant programs, or amendments to those programs can only occur at regular quarterly meetings unless the council is responding to a court mandate, which can occur at a special meeting under WAC 296-05-203.)) (1) The WSATC establishes minimum levels of apprentice labor hours to be met through apprenticeship programs so that utilities can qualify for renewable energy credits as defined in RCW 19.85.040.

The WSATC's equal employment opportunity plan is based on the statutory authority granted in chapter 49.04 RCW and according to the provisions of 29 C.F.R. Part 30. The purpose of the equal employment opportunity plan is to promote equality of opportunity in apprenticeship by:

• Prohibiting discrimination in apprenticeship programs based on race, sex (including pregnancy and gender identity), sexual orientation, color, religion, national origin, age, disability, genetic information, or as otherwise specified by law;

• Requiring equal employment opportunities in apprenticeship programs; and

• Coordinating the WSATC's equal employment opportunity programs with other affirmative action policies and procedures and equal opportunity programs.

The following sections contain the policies and procedures to promote equality of opportunity and equity of treatment of apprentices in apprenticeship programs approved by the WSATC. These policies and procedures are to be used to:

• Recruit and select apprentices;

• Review and revise apprenticeship programs;

• Process equal employment opportunity complaints;

• Take corrective action when appropriate; and

• Continue recognition or withdraw recognition of apprenticeship programs.

An equal employment opportunity program must not be used to discriminate against any qualified applicant or apprentice on the basis of race, sex, color, religion, national origin, age, disability or as otherwise specified by law.

In addition to the program standards required by WAC ((296-05-316)) 296-05-015, program sponsors seeking new program registration and approval by the WSATC must submit the following:

(1) The proposed affirmative action plan;

(2) The proposed selection procedures; and

(3) Any other information about the sponsor's equal employment opportunity plan required by the WSATC.

The affirmative action plan and additional information is considered in conjunction with the program standards in the WSATC's decision whether to approve or disapprove an apprenticeship program. If the WSATC disapproves the apprenticeship program, it shall direct the department to inform the sponsor in writing the reason for disapproval.

An approved affirmative action plan must:

(1) Be in writing.

(2) Be more than passive nondiscrimination.

(3) Include procedures, methods and programs to:

(a) Clearly identify present and potential minority and female apprentices.

(b) Establish affirmative action goals and timetables.

(c) Equalize opportunity in apprenticeship to allow full utilization of the work potential of minorities and women.

(d) Assure equal opportunity in apprenticeship for all individuals participating in or seeking entrance into Washington's labor force.

(4) Include provisions for outreach and positive recruitment to increase the participation of minorities and women in apprenticeship programs by expanding and promoting apprenticeship opportunities to minorities and women. (See WAC 296-05-413.)

Nothing in a sponsor's approved affirmative action plan may be used to discriminate against any qualified applicant or apprentice on the basis of race, sex (including pregnancy and gender identity), sexual orientation, color, religion, national origin, age, disability, genetic information, or as otherwise specified by law.

To gain approval, an equal employment opportunity plan must include the following specific provisions for outreach and recruitment criteria:

(1) To increase minority and female participation in apprenticeship, program sponsors are expected to strengthen program outreach and recruitment efforts. The equal employment opportunity plan must specify the activities they will use to achieve this result.

(2) The program sponsor is not necessarily required to include all of the listed activities in its equal employment opportunity program. The WSATC, when approving the sponsor's equal employment opportunity plan, will determine the number of specific activities a sponsor must implement to satisfy this outreach and recruitment requirement. The WSATC will consider all circumstances including the size and type of the program and its resources. When special circumstances exist, the WSATC may provide financial or other assistance it deems necessary to implement the requirements of this section from any funds made available to it for such purpose.

(3) Examples of positive outreach and recruitment activities are:

(a) Distributing information about the nature of apprenticeship programs, program admission requirements, current apprenticeship opportunities, sources of apprenticeship applications, and the equal opportunity policy of the sponsor.

For programs only accepting applications at specific intervals, such information shall be disseminated at least thirty calendar days in advance of each application date. For programs that accept applications throughout the year, this information must be distributed at least semiannually.

To be effective, the information described in this section must be given to the WSATC, local schools, employment service offices, women's centers, outreach programs and community organizations which effectively reach minorities and women. Also it must be published in newspapers which are circulated in the minority community and among women as well as the general areas in which the program sponsor operates.

(b) Participating in workshops conducted by employment service agencies, school districts, and community based organizations to increase apprenticeship program awareness of apprenticeship opportunities.

(c) Cooperating with local school districts, vocational education systems, and school employees to develop programs for preparing students to meet the standards and criteria required to qualify for entry into apprenticeship programs.

(d) Increasing awareness of a sponsor's equal opportunity policy within the sponsor's organization. The goal of this increased awareness within the sponsor's organization is to foster understanding, acceptance, and support among the sponsor's various officers, supervisors, employees, employers, and members. This is to encourage the necessary active assistance in achieving the program's obligations required by these rules.

(e) Participating in existing outreach programs whose focus is the recruitment and preparation of minority and female apprenticeship applicants. Whenever possible, these should provide applicants with pretesting experience and training.

(f) Developing outreach programs whose focus is the recruitment and preparation of minority and female apprenticeship applicants. If apprenticeship outreach programs do not exist, the sponsor should attempt to develop them. This effort may require working with other sponsors and appropriate community organizations. It may require obtaining financial assistance from the WSATC. Also, the sponsor shall initiate programs that prepare and encourage women to enter traditionally male dominated apprenticeship programs and occupations.

(g) Encouraging the development and use of programs for apprenticeship preparation education or other work related experiences that prepare candidates for apprenticeship.

(h) Granting to all applicants, without prejudice, advance standing or credit for previously acquired experience, training, skills, or aptitude.

(i) Engaging in other activities to ensure that the recruitment, selection, employment, and training of apprentices without discrimination based upon race, color, religion, national origin, sex (including pregnancy and gender identity), sexual orientation, age, disability, genetic information, or as otherwise specified by law. Some examples of these activities include:

(i) General publication of advertisements, industry reports, articles on apprenticeship opportunities and advantages.

(ii) Use minority and female apprentices and journey-level workers as recruiters.

(iii) Provide career counseling to prospective applicants.

(iv) Periodically audit equal employment opportunity programs to see if goals are being met.

(v) Develop monitoring procedures to ensure that employers are granting equal employment opportunities to apprentices (these procedures may include reporting systems, on-site reviews, or briefing sessions).

When a compliance review concludes that a sponsor is not operating according to the federal or state laws or regulations requiring equal opportunity, the apprenticeship supervisor must take action. Such action must include:

(1) Notifying the sponsor in writing of the review results;

(2) Making a reasonable effort to secure voluntary compliance from the program sponsor; and

(3) Giving the sponsor a reasonable amount of time to comply with the review recommendations before undertaking sanctions under WAC ((296-05-013)) 296-05-109.

(1) Any apprentice or applicant for apprenticeship who believes they have been discriminated against may file a complaint. The basis of the complaint may be:

(a) Discrimination on the basis of race, sex (including pregnancy and gender identity), sexual orientation, color, religion, national origin, age, disability, genetic information, or as otherwise specified by law by a sponsor or a sponsor's program;

(b) The equal opportunity standards have not been followed; or

(c) The sponsor's equal employment opportunity plan does not comply with the requirements of this chapter.

(2) A complaint may be filed in person or through an authorized representative. The complainant may choose to file a complaint with the WSATC or with a private review panel as established in WAC 296-05-445.

(3) A complaint must be in writing and shall be signed by the complainant. The complaint must include the name, address, and telephone number of the person allegedly discriminated against, the program sponsor involved, and a brief description of the circumstances leading to the complaint.

(4) The complaint must be filed not later than one hundred eighty calendar days from the date of the alleged discrimination or violation of the sponsor's equal employment opportunity plan or the rules of this chapter. If a complaint is initially filed with the private review panel and the complainant later wishes to refer the complaint to the WSATC, the referral must occur within one hundred eighty calendar days of the circumstances leading to the complaint or within thirty calendar days of the private review panel's final decision, whichever is later. If good cause is shown, the WSATC may extend these time periods.