WSR 18-17-149

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed August 21, 2018, 10:19 a.m., effective October 10, 2018]

Effective Date of Rule: October 10, 2018.

Purpose: The apprenticeship system in Washington state is authorized under the federal system of apprenticeship, specifically 29 C.F.R. Parts 29 and 30. The statute that the apprenticeship rules implement, RCW 49.04.010, provides for a state system of apprenticeship regulated by the department of labor and industries and an apprenticeship council. The objective of the statute is to designate the authority for approving and regulating apprenticeship in Washington for state and federal purposes. This rule making reviewed the existing apprenticeship rules for changes in order to reduce redundancy, clarify and reorganize the rules for ease of use by regulated parties.

Citation of Rules Affected by this Order: Repealing WAC 296-05-209 Voting, 296-05-211 Rules of order, 296-05-213 Retroactivity, 296-05-215 Limitations, 296-05-300 Apprenticeship and training programs—Approval, 296-05-302 Apprenticeship committee/program approval process, 296-05-303 Apprenticeship committees—Duties and responsibilities, 296-05-305 Apprenticeable occupations, 296-05-307 Types of apprenticeship agreements recognized by the WSATC, 296-05-309 Apprenticeship programs approved by the WSATC, 296-05-311 On-the-job training programs, 296-05-313 Apprenticeship committees—Composition, 296-05-314 Nonjoint and waiver committees—Additional requirements, 296-05-315 Term of apprenticeship—Standards requirement, 296-05-316 Apprenticeship agreements—Standards requirements, 296-05-317 Related/supplemental instruction, 296-05-318 Records required by the WSATC, 296-05-319 Apprenticeship agreement—Individual registration, 296-05-321 Apprenticeship agreement—Cancellation, 296-05-323 Certificate of completion, 296-05-325 Union waiver, 296-05-327 Reciprocity, 296-05-329 Certification of apprentice labor standard on renewable energy projects, 296-05-449 Program registration cancellation procedures, 296-05-451 Reinstatement of program registration and 296-05-453 Adoption of consistent state plans; and amending WAC 296-05-001 Purpose, scope, and authority, 296-05-003 Definitions, 296-05-005 Rules development, 296-05-007 Rules of procedure, 296-05-008 Process for objections to apprenticeship program standards, 296-05-009 Complaint review procedures, 296-05-011 Compliance review, 296-05-013 Sanctions for noncompliance, 296-05-015 Decisions against training agent for violating ratio, supervision and/or approved work process requirements, 296-05-100 WSATC composition, 296-05-103 Officers, 296-05-105 Officer duties, 296-05-107 Additional duties for the supervisor administrator of WSATC, 296-05-109 Merit awards, 296-05-200 Regular meetings, 296-05-203 Special meetings, 296-05-205 Petitions, requests, and correspondence submitted to the WSATC, 296-05-207 Other regulations that apply to council meeting conduct, 296-05-400 Equal employment opportunity plan—Purpose, scope and authority, 296-05-409 Affirmative action information required by WSATC, 296-05-411 Affirmative action plan, 296-05-413 Outreach and recruitment requirements—Specific, 296-05-441 Noncompliance with federal and state equal opportunity requirements, and 296-05-443 Complaint filing.

Statutory Authority for Adoption: RCW 49.04.010 and 19.285.040.

Adopted under notice filed as WSR 18-11-112 on May 22, 2018.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 24, Repealed 26.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 24, Repealed 26.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 21, 2018.

Joel Sacks

Director

AMENDATORY SECTION(Amending WSR 13-03-127, filed 1/22/13, effective 3/1/13)

WAC 296-05-001Purpose, scope, and authority.

(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.

(b) The apprenticeship section of the department of labor and industries administers apprenticeships for state and federal purposes. These rules explain how the apprenticeship program administers 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:

(a) Establish operating procedures for the WSATC;

(b) Establish standards for apprenticeship programs;

(d) Perform other duties directed by the statute;

(e) Promote labor standards and the registration of approved programs to protect the welfare of the apprentice; and

(f) Encourage the establishment of apprenticeship programs and agreements.

(2) These rules are necessary to:

(a) Strengthen apprenticeship and training in the state of Washington;

(b) Facilitate approval and registration of apprenticeship and training programs;

(d) Establish procedures for presenting matters to the WSATC;

(e) Govern the WSATC's operation and ability to carry out its statutory obligations;

(f) Establish a specific procedure to resolve an impasse if a tie vote occurs on the WSATC; and

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

AMENDATORY SECTION(Amending WSR 14-23-065, filed 11/18/14, effective 12/19/14)

WAC 296-05-003Definitions.

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.


((Exception:	Seventeen years is the minimum age allowed for applicants registering in building and construction trade occupations.))

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:

(a) Involve skills customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning;

(b) Be clearly identified and commonly recognized throughout an industry;

(c) Involve the progressive attainment of manual, mechanical, or technical skills and knowledge which, in accordance with the industry standard for the occupation, would require the completion of at least two thousand hours of on-the-job learning to attain;

(d) Require a minimum of one hundred forty-four hours of related instruction per program year to supplement on-the-job work experience;

(e) Involve sufficient skill to establish career sustaining employment;

(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 cohort: The group of individual apprentices registered to a specific program during a one year time frame, not including those whose agreements have been canceled during the initial probationary period.

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.

((Approved: Approved by the WSATC or a person or entity authorized by the WSATC to do so.

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((.

(2))); and

(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.

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 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

Filing is complete upon deposit in the United States mail, properly addressed, postage prepaid, or personal service.

First full training cycle: A full training cycle begins with the registration of the first apprentice and continues for one calendar year regardless of completion, cancellation and/or suspension of the apprentice.

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.

((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.))

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.

((Regular quarterly meeting: A public meeting held quarterly by the WSATC as described in WAC 296-05-200.))

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.

((Special meeting: A public meeting of the council as described in WAC 296-05-203.))

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.

AMENDATORY SECTION(Amending WSR 13-03-127, filed 1/22/13, effective 3/1/13)

WAC 296-05-005((Rule development.))WSATC officers, members, and administrator duties.

(((1) In developing and adopting rules, the director of labor and industries:

(a) Seeks the cooperation and assistance of all interested persons, organizations, and agencies affected by its rules.

(b) Promotes the operation of apprenticeship programs to satisfy the needs of employers and employees for high quality training.

(c) Recognizes that rapid economic and technological changes require that workers must be trained to meet the demands of a changing marketplace.

(d) Recognizes employers will benefit if graduates of state approved apprenticeship programs are skilled workers trained to industry wide standards rather than the exclusive standards of an individual employer or group of employers.

(e) Acknowledges that approved apprenticeship programs should be organized and administered to assure the maximum protection of apprentices' rights.

(f) Recognizes that the number of apprentices in an occupation or group of occupations in any geographic area must be sufficient to meet the needs of all employers.

(g) Promotes comprehensive training and a variety of work experiences relevant to the occupations and seeks to assure that during the approval process all apprenticeship standards are open to employers on an equal and nondiscriminatory basis.

(h) Recognizes that quality training, equal treatment of apprentices, and efficient delivery of apprenticeship training are best provided by registered apprenticeship programs.

(2) All amendments to this chapter must be developed and adopted according to the provisions of chapter 49.04 RCW, Apprenticeship Act; chapter 34.05 RCW, Administrative Procedure Act; and Executive Order 97-02. All proposed amendments to these rules must be approved by a two-thirds majority vote of regular WSATC members before they are published for public hearing. All WSATC members, the apprenticeship supervisor, committees and any other interested parties must be promptly notified, in writing, of any proposed rule amendments, public hearings on proposed rule amendments and new rule adoptions.

(3) The specific procedure(s) and form(s) for petitions requesting the making, amendment, or repeal of a rule are in chapter 34.05 RCW, as are the specific procedure and form for requesting declaratory rulings.

(4) Such petitions and requests must be addressed to:

The Washington State Apprenticeship and Training Council

Attention: Supervisor of Apprenticeship and Training

Department of Labor and Industries

Post Office Box 44530

Olympia, Washington 98504-4530

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:

(a) Secretary: The supervisor of the apprenticeship section of the department of labor and industries is the secretary of the WSATC. The secretary, with the assistance of a recording secretary, takes minutes of all special and regular meetings. Minutes are kept in the supervisor's office.

(b) Chair: The presiding officer at all meetings. The chair may vote on and participate in discussion about all matters before the WSATC as a regular member.

(c) Vice chair: Presides over meetings in the absence of the chair. Holds all the powers of the chair when the chair is absent.

(2) Members: WSATC members are appointed for three-year terms and remain on the council until replaced by a qualified successor. When vacancies occur, vacancies must be filled.

(a) Voting members: The director of the department of labor and industries appoints three voting members from employer organizations, three voting members from employee organizations, and a public member.

(b) Nonvoting members: The WSATC may also include members who may participate in discussion of matters before the WSATC, but they may not vote.

(3) Administrator: The supervisor serves as the WSATC administrator and is the supervisor of the apprenticeship section of the department of labor and industries.

(4) All amendments to this chapter must be developed and adopted according to the provisions of chapter 49.04 RCW, Apprenticeship Act; chapter 34.05 RCW, Administrative Procedure Act; and Executive Order 97-02. All proposed amendments to these rules must be approved by a two-thirds majority vote of regular WSATC members before they are published for public hearing. All WSATC members, the apprenticeship supervisor, committees and any other interested parties must be promptly notified, in writing, of any proposed rule amendments, public hearings on proposed rule amendments and new rule adoptions.

AMENDATORY SECTION(Amending WSR 14-23-065, filed 11/18/14, effective 12/19/14)

WAC 296-05-007((Rules of procedure.))Duties of the apprenticeship supervisor.

((All hearings and adjudication, under chapter 49.04 RCW and these rules, shall be conducted according to chapter 34.05 RCW, the Administrative Procedure Act and chapter 10-08 WAC, Model Rules of Procedure. The chair (or designee) is the presiding officer for adjudicative proceedings, held before the WSATC. The WSATC may either adjudicate matter(s) itself, or refer matter(s) to the office of administrative hearings for initial adjudication.

If the initial adjudication is before the WSATC, the WSATC will enter a final order. If the initial adjudication has been held at the office of administrative hearings, the administrative hearings judge shall issue an initial order. The WSATC, upon review of the initial order shall enter the final order. An initial order shall become final without further WSATC action five business days after the next regular quarterly meeting unless:

(1) The WSATC upon its own motion determines that the initial order should be reviewed; or

(2) A party to the proceedings files a petition for review of the initial order.

The WSATC, upon review of the initial order shall enter the final order. The WSATC may appoint a person to review the initial order and prepare and enter the final WSATC order.

(3) Final WSATC orders or decisions affecting registration and oversight of apprenticeship programs and agreements for federal purposes may be appealed within thirty calendar days to the director of the department pursuant to the following:

(a) An appellant must file with the director an original and four copies of the notice of appeal.

(i) The notice of appeal must specify findings and conclusions at issue in the appeal.

(ii) The director or designee shall serve notice of receipt of the appeal, including copies of the appeal on all parties within five business days from date of receipt.

(iii) The respondent parties may file with the director or designee written arguments within thirty calendar days after the date the notice of receipt of appeal was served upon them.

(b) The director or designee shall review the record in accordance with the Administrative Procedure Act, chapter 34.05 RCW. The director or designee shall issue a final decision affirming, modifying, or reversing the WSATC final order or decision or may remand the matter to the WSATC for further proceedings.

(c) With respect to cancellation of programs only, any aggrieved party may appeal, for federal purposes, a final decision by the director (or director's designee) by following the procedures in WAC 296-05-321(11).

(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:

(a) Conducting compliance reviews of apprenticeship programs;

(b) Notifying the program sponsor when there is a finding that a program is not in compliance with required standards;

(d) Assisting in resolving complaints against apprenticeship programs, committees, and entities administering agreements;

(e) Recommending sanctions against programs, committees, and entities administering agreements.

(2) The apprenticeship supervisor provides general information and assistance about apprenticeships and training programs to interested parties.

AMENDATORY SECTION(Amending WSR 11-11-002, filed 5/4/11, effective 7/25/11)

WAC 296-05-008((Process for objections to apprenticeship program standards.))Meetings and adjudicative proceedings.

(((1) If a competitor objects to the proposed standards, proposed amendments to existing standards, or initial committee, the competitor must provide timely and specific written objections. Objections shall be submitted to the department for WSATC consideration twenty calendar days prior to the regular quarterly WSATC meeting on a form provided by the department and approved by the WSATC.

(2) The department shall notify the petitioning program sponsor of objections no more than two business days after the department receives the objection.

(3) In accordance with WAC 296-05-007, the WSATC may either adjudicate matter(s) itself or refer matter(s) to the office of administrative hearings for initial adjudication.

(a) If the WSATC decides to adjudicate all or part of the objections to the apprenticeship program standards, a hearing on the objections shall take place at the regular quarterly WSATC meeting or at a special WSATC meeting convened for purposes of hearing the objections. The department shall notify the competitor making the objections and the program sponsor that the objection is on the agenda for consideration and shall give its recommendation ten calendar days prior to the WSATC meeting.

(b) If the WSATC decides to refer all or part of the objections to the office of administrative hearings, the WSATC shall identify the specific matters on which the WSATC is requesting the office of administrative hearings provide findings and conclusions for the initial order.

(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.

(a) Notice of regular meetings: The supervisor must distribute notice not later than thirty calendar days prior to the meeting date to anyone who has requested notice of the regular meetings.

(b) The supervisor must send notices to all WSATC members, including ex officio members, and approved program sponsors.

(i) All transactions of official business;

(ii) All commitments or promises;

(iii) All collective discussions;

(iv) All collective decisions; and

(v) All council actions.

(d) 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.

(2) Special meetings: Called at the request of the chair or by a majority of the WSATC members, and open to the general public.

(a) Procedure for special meetings: To call a special meeting, the calling members must:

(i) Mail a written notice with the date, time, and location of the meeting that specifies the business to be transacted at the meeting, either personally or by mail, at least seven calendar days before the specified date of the meeting, to each member of the WSATC, all approved program sponsors, and those who have requested prior notice of special meetings.

(ii) Waiver: The notice requirements to WSATC members may be waived in writing at or prior to the meeting, but all members must agree to waive notice and file the waiver with the supervisor.

(b) Content of special meetings: The subject matter of the special meeting must not exceed the scope of the written notice. If the WSATC takes action on a matter exceeding the scope of the written notice, the action is not final even if the members waive notice.

(i) Mail a written notice with the date, time, and location of the meeting that specifies the rules to be changed at the meeting, either personally or by mail, at least twenty calendar days before the meeting.

(ii) Waiver: The notice requirements may not be waived for special meetings when rule changes are contemplated.

(3) Registered apprenticeship standards actions: When a party requests specific action from the WSATC related to apprenticeship standards, such request must:

(a) Be in writing; and

(b) Signed by the committee's elected chair and secretary, or by an authorized signer approved by the petitioning sponsor;

Requests that are untimely are deferred to the next quarterly meeting.

(4) Other actions: When a party requests specific action or consideration from the WSATC on other issues, such requests must:

(a) Be in writing; and

(b) Sent to the apprenticeship supervisor at least fifteen business days prior to the date of the regular quarterly meeting.

Requests that are untimely are deferred to the next quarterly meeting unless waived by the supervisor.

(5) Voting: All council members, except ex officio members, appointed by the director of the department of labor and industries are voting members of the council.

(a) A quorum is two-thirds of the WSATC members entitled to vote.

(b) The chair shall establish a standing tie-breaker committee comprised of three WSATC members entitled to vote:

(i) An employer representative;

(ii) An employee representative; and

(iii) A public member.

(c) The apprenticeship supervisor or designee shall act as secretary to the tie-breaker committee and furnish all information necessary for a decision.

(d) In case of a tie vote on any proposed standards brought before the WSATC, the tie-breaker committee shall meet or confer, review the record, and render a decision within thirty calendar days.

(6) Adjudicative proceedings: All hearings and adjudication, under chapter 49.04 RCW and these rules, shall be conducted according to chapters 34.05 RCW and 10-08 WAC. The chair (or designee) is the presiding officer for adjudicative proceedings held before the WSATC. The WSATC may either adjudicate matter(s) itself, or refer matter(s) to the office of administrative hearings for initial adjudication.

If the initial adjudication is before the WSATC, the WSATC will enter a final order. If the initial adjudication is held at the office of administrative hearings, the administrative hearings judge shall issue an initial order. The WSATC, upon review of the initial order shall enter the final order. An initial order shall become final without further WSATC action five business days after the next regular quarterly meeting unless:

(a) The WSATC upon its own motion determines that the initial order should be reviewed; or

(b) A party to the proceedings files a petition for review of the initial order.

(7) Final WSATC orders or decisions affecting registration and oversight of apprenticeship programs and agreements for federal purposes may be appealed within thirty calendar days to the director of the department pursuant to the following:

(a) An appellant must file with the director an original and four copies of the notice of appeal.

(i) The notice of appeal must specify findings and conclusions at issue in the appeal;

(ii) The director or designee shall serve notice of receipt of the appeal, including copies of the appeal on all parties within five business days from date of receipt;

(iii) The respondent parties may file with the director or designee written arguments within thirty calendar days after the date the notice of receipt of appeal was served upon them.

(8) Limitations: Nothing in this part or in any apprenticeship agreement will operate to invalidate:

(a) Any apprenticeship provision in any collective bargaining agreement between employers and employees establishing higher apprenticeship standards; or

(b) Any special provision for veterans, minority person, or women in the standards, apprentice qualifications or operation of the program, or in the apprenticeship agreement, which is not otherwise prohibited by law, executive order, or authorized regulation.

(9) Retroactivity: The WSATC may make any action or decision which it takes retroactive to the date of the previous business session.

AMENDATORY SECTION(Amending WSR 11-11-002, filed 5/4/11, effective 7/25/11)

WAC 296-05-009((Complaint review procedures.))Apprenticeship committees—Composition, duties, responsibilities, and standards.

((If a local committee or other organization administering the agreement cannot satisfactorily resolve a complaint, any apprentice who has completed his/her initial probationary period may submit the complaint to the apprenticeship program for resolution. Complaints that involve matters covered by a collective bargaining agreement are not subject to the complaint review procedures in this section. The investigation or review of any controversy by the supervisor or the WSATC will not affect any action taken or decision made by a committee or other organization until a final decision resolving the matter is issued.

(1) Within thirty calendar days of documented, written notification of the action leading to the complaint, the apprentice must request the local committee or other organization to reconsider action.

(2) The local committee or other organization must, within thirty calendar days of the apprentice's request, provide written notification to the apprentice of its decision on the request for reconsideration. This notification shall be considered the final action of the committee.

(3) If the apprentice chooses to pursue the complaint further, the apprentice must submit a written complaint describing the controversy to the supervisor of the apprenticeship division within thirty calendar days of the final action taken on the matter by the local committee or other organization. The written complaint must be specific and include all relevant facts and circumstances contributing to the complaint. Any documents or correspondence relevant to the complaint must be attached to the complaint. The apprentice must send a copy of the complaint to the interested local committee or other organization.

(4) The supervisor must investigate complaints received from an apprentice. The supervisor must complete the investigation within thirty business days. During the investigation, the supervisor must attempt to effect a settlement between the parties. During the investigation the apprentice and the committee or other organization must fully cooperate with the supervisor by providing any relevant information or documents requested. The supervisor may delegate the investigation to any employee in the apprenticeship division. If the controversy is not settled during the investigation, the supervisor must issue a written decision resolving the controversy when the investigation is concluded.

(5) If the apprentice, committee or other organization is dissatisfied with the decision of the supervisor, they may request the WSATC to review the decision. The request must be in writing and made within thirty calendar days of the supervisor's decision. It must specify the reasons supporting the request. The party requesting review must provide a copy of the request to the other parties involved in the controversy. The WSATC must conduct an informal hearing to consider the request for review of the supervisor's decision. Unless special circumstances dictate, the hearing must be held in conjunction with the regular quarterly meeting.

At the hearing, the WSATC must review the supervisor's decision and all records of the investigation. The WSATC may also accept testimony or documents from any person, including the supervisor and the supervisor's staff, who has knowledge relating to the controversy. Parties at the informal hearing may be represented by counsel and may, at the WSATC's discretion, present argument concerning the controversy. The WSATC must not apply formal rules of evidence.

(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:

(a) Group: Representing more than one employer or employer association; or

(b) Individual: Representing an individual employer.

(2) An apprenticeship committee consists of at least four but not more than twelve members, of an equal number of management and worker representatives, and may be either:

(a) Joint: Composed of an equal number of representatives of the employer(s) and of the employees represented by a bona fide collective bargaining agent(s); or

(b) Nonjoint: Composed of an equal number of employer and employee representatives but does not have a bona fide collective bargaining agent as a participant.

(3) Apprenticeship committee members must:

(a) At least fifty percent of the members must hold journey-level status, or greater, in their specific occupation when representing one occupation;

(b) Be qualified by education and experience in the areas the committee represents and able to represent the interests of the multiple occupations when representing multiple occupations;

(4) In order to be considered for approval by the WSATC, a sponsoring apprenticeship committee must ensure as follows for:

(a) Employers: That signing a collective bargaining agreement as a condition of participation in an apprenticeship program is not required; and that a request for approved training agent status requires compliance with WSATC approved agreements and all federal and state apprenticeship rules and standards.

(b) Apprentices: That apprentices work only for approved training agents.

(c) Program sponsors: That training agent agreements are approved and signed; that copies of agreements and lists of approved employers/training agents are furnished to the department within thirty calendar days of approval; and that when training agent agreements are rescinded, notice is sent to the department within thirty calendar days.

(5) An apprenticeship committee must offer apprenticeship and training opportunities on an equal basis to all eligible apprentices and employers, unless the committee represents individual or plant programs. If an existing group committee fails to do so, the WSATC may take action to ensure compliance with chapter 49.04 RCW and these rules.

(6) Apprenticeship committees must meet at least three times per year and elect a chair and secretary to conduct and record meetings. Records of meetings must be kept and forwarded to the department.

AMENDATORY SECTION(Amending WSR 01-22-055, filed 10/31/01, effective 1/17/02)

WAC 296-05-011((Compliance reviews.))Apprenticeship and training programs—Approval, registration, and objections.

(((1) The purpose of a compliance review is to systematically and periodically review apprenticeship programs to ensure that the sponsor is complying with the approved program standards and these rules. Compliance reviews consist of a comprehensive analysis and evaluations of each aspect of the apprenticeship program. They must include on-site investigations and audits.

(2) A compliance review may be required:

(a) For all existing programs on a regular and comprehensive basis.

(b) When the WSATC receives a complaint, which has not been referred to a private review body. (See WAC 296-05-009.)

(d) When a sponsor seeks to register a new program.

(3) If a compliance review indicates that the sponsor is not operating as required by these rules, the supervisor must notify the sponsor in writing of the results of the review. The supervisor must:

(a) Make a reasonable effort to secure voluntary compliance on the part of the program sponsor within a reasonable time before penalizing as authorized in WAC 296-05-013.

(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.

At the regular quarterly meeting, the WSATC will allow changes to correct clerical errors. The addition of standard language will be allowed if authorized representatives of the sponsor are present and authorized to accept changes. At the regular quarterly meeting, the WSATC will not accept changes to the format, language, or provisions of the submitted program standards which are not reasonably consistent with previously approved program standards.

(a) Approval: The WSATC may approve an apprenticeship program when:

(i) If applicable, an apprenticeship and training committee is organized consistent with WAC 296-05-009;

(ii) Standards are proposed by the committee consistent with WAC 296-05-015;

(iii) Standards are presented to the WSATC consistent with WAC 296-05-008;

(b) The WSATC approves the following types of apprenticeship and training programs:

(i) Group joint: Sponsored by both a group of employers and a labor organization with an equal number of representatives from workers and management on the apprenticeship and training committee.

(ii) Individual joint: Sponsored by an individual employer and a labor organization with an equal number of representatives from workers and management on the apprenticeship and training committee.

(iii) Group nonjoint: A program sponsored only by an employer association and administered only by the employer association.

(iv) Individual nonjoint: A program sponsored and administered by an individual employer with no labor organization.

(v) Group waiver: A program sponsored by an employer association and a labor organization but one group waives participation in administering the program.

(vi) Individual waiver: A program sponsored by an individual person or plant and a labor organization, but one party waives participation in administering the program.

(vii) Plant: A program sponsored by the owner of a plant or plants at a particular location or locations. Plant programs are administered in accordance with chapter 49.04 RCW and these rules.

(c) Registration: If a program is approved, it is registered with the WSATC. An initial registration is provisional and lasts one year.

(i) If a program is not approved, the department will inform the sponsor in writing and explain the reasons for denying approval.

(ii) If a program is not initially approved, the WSATC may ask a sponsor to modify the program. The program may be approved with modifications.

(d) Waiver: A party may seek to waive labor union participation in administering a program when apprentices will be union members.

(i) If a program includes labor union participation, the program sponsor must obtain a written statement, known as a "no objection" statement, from the union in support of the program.

(ii) When a labor union chooses not to participate in administering the program, the employer or employers' association must furnish copies of the registration application and the proposed program standards to the union serving as the collective bargaining agent of the employees to be trained. Before taking a final action on the application, the supervisor must give the union forty-five calendar days to respond before final action is taken on the registration.

(iii) If the union fails to comment within forty-five days, it will have waived its right to participate in the program and the supervisor will grant the waiver.

(e) Nonjoint and waiver committees - Additional requirements.

(i) The WSATC shall only recognize nonjoint and waiver standards for a specific occupation or directly related occupations.

(ii) When multiple related occupations are approved on a single standard, each occupation shall be considered as an individual standard.

(iii) Unrelated occupations shall be submitted under separate standards.

(f) Related/supplemental instruction: The WSATC may approve apprentice related/supplemental instruction for apprenticeable occupations based on recommendations from the state board for community and technical colleges. Program sponsors may allow credit for previously completed related/supplemental instruction under WAC 296-05-015(11).

(2) Objections: If a competitor objects to the proposed standards, proposed amendments to existing standards, or initial committee, the competitor must:

(a) Provide timely and specific objections in writing to the apprenticeship supervisor twenty calendar days prior to the next regular quarterly WSATC meeting on a form provided by the department;

(b) Upon receipt of a competitor's objections, the apprenticeship supervisor notifies the program sponsor within two business days and forwards the matter to the WSATC.

(c) The WSATC may adjudicate the matter itself or refer the matter to the office of administrative hearings for initial adjudication:

(i) If the WSATC decides to adjudicate all or part of the objections to the apprenticeship program standards, a hearing on the objections shall take place at the regular quarterly WSATC meeting or at a special WSATC meeting convened for purposes of hearing the objections. The department shall notify the competitor making the objections and the program sponsor that the objection is on the agenda for consideration and shall give its recommendation ten calendar days prior to the WSATC meeting.

(ii) If the WSATC decides to refer all or part of the objections to the office of administrative hearings, the WSATC shall identify the specific matters on which the WSATC is requesting the office of administrative hearings provide findings and conclusions for the initial order.

(d) The department may attempt to facilitate a resolution to any objections during the process identified in this section.

(3) Reciprocity: The WSATC may recognize out-of-state apprenticeship programs when:

(a) The program complies with federal requirements; or

(b) The program is recognized by a recognized state apprenticeship agency; and

(d) The program sponsor asks for recognition from the WSATC.

The WSATC may revoke reciprocity agreements at any time.

AMENDATORY SECTION(Amending WSR 11-11-002, filed 5/4/11, effective 7/25/11)

WAC 296-05-013((Sanctions for noncompliance.))On-the-job training programs.

((The WSATC is responsible to take the necessary action to bring a noncomplying program into compliance with these rules.

When the apprenticeship supervisor, based upon a compliance review or other reason, concludes that an apprenticeship program is not in compliance with the rules of this chapter and that the sponsor will not take voluntary corrective action, the WSATC must:

(1) Institute proceedings to withdraw the program registration;

(2) Refer the matter to the equal employment opportunity commission;

(3) Refer the matter to the attorney general with recommendations for the institution of a court action under Title VII of the Civil Rights Act of 1964, as amended; or

(4) Refer the matter to the attorney general for other court action as authorized by law.

(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.

(2) On-the-job training programs may be established in accordance with these rules.

(3) The supervisor of apprenticeship may approve on-the-job training programs. The WSATC may review the supervisor's approval, or make exceptions to these rules for on-the-job training programs.

AMENDATORY SECTION(Amending WSR 11-23-138, filed 11/22/11, effective 12/31/11)

WAC 296-05-015((Decisions against training agent for violating ratio, supervision and/or approved work process requirements.))Apprenticeship program standards.

((Based on a complaint, compliance review, or other reason, the supervisor may investigate, in accordance with the rules in this chapter, whether a training agent is in compliance with the program standards relating to the ratio, supervision, or approved work processes requirements for purposes of responsible bidder status for public works under RCW 39.04.350 (1)(e), or for purposes of prohibitions on bidding on public works contracts under RCW 39.12.055(3).

(1) The supervisor shall notify the training agent and the program sponsor that an investigation has commenced.

(2) The supervisor shall prepare a report identifying the results of the investigation. If the results indicate that the training agent is not operating as required by the program standards, the supervisor will notify the training agent and program sponsor in writing of the results, with a copy of the report to the WSATC. Additionally:

(a) The supervisor will make a reasonable effort to secure compliance on the part of the training agent by requiring the training agent to submit to the supervisor a proposed plan identifying voluntary corrective action. The supervisor shall review the proposed corrective action plan and approve it, or work with the training agent to modify it, before its implementation. If the supervisor does not receive notice, within sixty calendar days, that action has been taken to correct violations, the supervisor may refer the matter to the WSATC for action. The program sponsor shall assist the training agent in developing a proposed corrective action plan and shall assist the supervisor in monitoring the training agent's compliance with the terms of the approved corrective action plan.

(b) If the supervisor is unable to obtain compliance from the training agent under (a) of this subsection, or if a second investigation within one year of the initial inspection reveals the training agent is not operating as required by the program standards, the supervisor shall refer the matter to the WSATC for action.

(3) The WSATC will take action upon the supervisor's referral under subsection (2)(b) of this section. After a hearing, the WSATC will decide by a majority vote of the members present whether to issue a determination under RCW 39.04.350 (1)(e) and 39.12.055(3) that the training agent is out of compliance with program standards relating to the ratio, supervision, or approved work processes requirements.

(4) A determination by the WSATC that a training agent is out of compliance with program standards relating to the ratio, supervision, or approved work processes requirements shall be stated in writing, along with the reasons supporting it, and shall be served upon the training agent, program sponsor, and supervisor as provided by RCW 34.05.010(19). Judicial review of the WSATC's written decision under this section shall be as provided in chapter 34.05 RCW.

(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.

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 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. Disciplinary action may only be taken at a face-to-face meeting;

(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 296-05-100).

(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 (including pregnancy and gender identity), sexual orientation, color, religion, national origin, age, genetic information, 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 a 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

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 of 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 and 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, 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;

(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 period. 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.

(23) Provisions prohibiting discrimination on the race, sex (including pregnancy and gender identity), sexual orientation, color, religion, national origin, age, genetic information, disability or as otherwise specified by law during all phases of apprenticeship.

(24) Provisions to ensure that local committee rules and regulations be consistent with these rules and the applicable apprenticeship agreement.

(25) 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.

(26) 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.

(27) A sample apprenticeship agreement and a standard form for program standards are available from the supervisor.

(28) An apprenticeship term may be:

(a) Time-based: Measured by skill acquisition. The apprentice must complete at least two thousand hours of on-the-job learning as described in a work process schedule; or

(b) Competency-based: The apprentice successfully demonstrates acquired skills and knowledge, as verified by the program sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job learning component of registered apprenticeship. 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; or

(c) Hybrid: The apprentice acquires skills through a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule.

((PART A—WSATC MEMBERS—COMPOSITION, OFFICERS, AND DUTIES))

AMENDATORY SECTION(Amending WSR 13-03-127, filed 1/22/13, effective 3/1/13)

WAC 296-05-100Records required by the WSATC ((composition)).

(((1) The director of the department appoints three voting representatives each from employer and employee organizations, respectively. Each member shall be appointed for a three-year term.

(2) The director of labor and industries shall also appoint a public member to the apprenticeship council for a three-year term.

(3) The WSATC may also include ex officio members. These members have the right to participate in the discussion of any matter before the council but they may not vote.

(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:

(a) Selection of applicants:

(i) A summary of the qualifications of each applicant;

(ii) The basis for evaluation and for selection or rejection of each applicant;

(iii) The records pertaining to the interviews of applicants; and

(iv) The original application for each applicant.

(b) Operation of the apprenticeship program:

(i) On-the-job training assignments;

(ii) Promotion, demotion, layoff, or termination;

(iii) Rates of pay or other forms of compensation or conditions of work;

(iv) Hours of training provided on-the-job by work process and in related/supplemental instruction in accordance to the sponsor's approved plan;

(v) Signed and approved training agency agreement forms; and

(vi) Any other records needed by the WSATC to determine compliance with these rules.

(2) Equal employment opportunity plans:

(a) A copy of the program's complete equal employment opportunity plan. All data and analysis made to determine enrollment deficiencies;

(b) Evidence that equal employment opportunity plans are reviewed on an annual basis; and

(3) Documentation necessary to establish a sponsor's good faith effort in implementing its equal employment opportunity plan:

(a) Who was contacted;

(b) When the contacts were made;

(d) How the contacts were made; and

(e) The content of each contact.

(4) Qualification standards: Evidence that the sponsor's qualification standards meet the requirements of WAC 296-05-015.

Program sponsors must keep adequate records related to operations of the apprenticeship program including, but not limited to, records reflecting selection of applicants, equal employment opportunity plans and implementation of plans for a minimum of five years. Program sponsors must provide access to records when requested by the WSATC or the apprenticeship supervisor.

AMENDATORY SECTION(Amending WSR 01-22-055, filed 10/31/01, effective 1/17/02)

WAC 296-05-103((Officers.))Apprenticeship agreements.

(((1) To carry out the business of the WSATC and to conduct business efficiently the WSATC has three officers:

• Chair;

• Vice chair; and

• Secretary.

(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.

(2) The WSATC recognizes apprenticeship agreements as follows:

(a) Between an employer association and an employee organization;

(b) Between an individual employer and an employee organization;

(3) When a program is canceled by the WSATC, agreements under the program are also canceled.

AMENDATORY SECTION(Amending WSR 01-22-055, filed 10/31/01, effective 1/17/02)

WAC 296-05-105((Officer duties.))Individual apprentice complaints—Procedures.

(((1) The chair shall preside over all meetings, conducting them in accordance with Robert's Rules of Order as modified by these rules and regulations. The chair may vote in all matters before the WSATC as a regular member and may participate in discussion of all matters before the WSATC. The chair may also have other powers and duties that are provided in these rules; and are usual or necessary with the office of the chair; and as provided in Robert's Rules of Order.

(2) The vice chair shall preside over all WSATC meetings in the absence of the chair. When presiding, the vice chair shall have all of the powers and duties of the chair.

(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.

(2) Complaints involving matters covered by a collective bargaining agreement are not subject to the complaint procedures in this section.

(3) Complaints regarding nondisciplinary matters must be filed with the program sponsor within thirty calendar days from the date of the last occurrence. Complaints must be in writing.

(4) If the apprentice disagrees with the resolution of the complaint or wishes to contest the outcome of a disciplinary action by the program sponsor, the apprentice must file a written request for reconsideration with the program sponsor within thirty calendar days from the date the apprentice received written notice of action by the program sponsor.

(5) The program sponsor must reply, in writing, to the request for reconsideration within thirty calendar days from the date the program sponsor receives the request. The program sponsor must send a copy of the written reply to the apprentice within the thirty calendar days.

(6) Appeal to apprenticeship section: If the apprentice disagrees with the program sponsor's decision, the apprentice may file an appeal with the apprenticeship section within thirty days from the date the program sponsor provides the decision to the apprentice.

(a) If the apprentice does not file an appeal within thirty days, the decision of the program sponsor is final.

(b) Appeals must describe the subject matter of the appeal in detail and include a copy of the decision of the program sponsor being appealed along with any documents or correspondence relevant to the complaint. The apprentice must send a copy of the complaint to the interested local committee or other organization. The apprenticeship section will complete an investigation within thirty days from the date the appeal is received and attempt to resolve the appeal. If the controversy is not settled during the investigation, the supervisor must issue a written decision resolving the controversy when the investigation is concluded.

(7) Request for review to WSATC: Following an appeal to the apprenticeship section, either party may file a request for review to the WSATC. Requests for review to the WSATC must be in writing. Requests for review must be filed within thirty days from the date the decision is mailed to the parties. The WSATC will conduct an informal hearing to consider the request for review. The WSATC will issue a written decision resolving the request for review, which is the final decision of the WSATC. All parties will receive a copy of the WSATC's written decision. The WSATC conducts hearings as described in WAC 296-05-008.

AMENDATORY SECTION(Amending WSR 13-03-127, filed 1/22/13, effective 3/1/13)

WAC 296-05-107((Additional duties for the supervisor-administrator of WSATC.))Decisions against training agents for violating ratio, supervision and/or approved work process requirements.

(((1) In addition to being the council secretary, the apprenticeship supervisor (supervisor) is the WSATC administrator. As WSATC administrator, the supervisor must:

(a) Perform the duties listed in RCW 49.04.030;

(b) Register all apprenticeship agreements that comply with the rules in this chapter;

(c) Review apprenticeship programs and recommend cancellation of any committee program, or plant program previously registered which is not operated in conformity with its apprenticeship standards; and

(d) Receive all documents concerning apprenticeship or training agreements (including revisions to) or any other matters affecting apprenticeship or training.

All written correspondence to the supervisor should be addressed to:

Supervisor of Apprenticeship and Training

Department of Labor and Industries

Apprenticeship Section

P.O. Box 44530

Olympia, Washington 98504-4530

(2) The supervisor and the supervisor's staff:

(a) May be consulted on any matters concerning apprenticeship and training and will provide on request, any information concerning apprenticeship and training available to them.

(b) Will conduct systematic reviews of the operation of all programs and investigate any discrepancies between the actual and required operations of any program. The supervisor will notify the noncompliant program sponsor of any violation.

(d) Assists in the resolution of any complaints against committees or other organizations administering apprenticeship agreements, filed with the WSATC by apprentice(s) who have completed his/her initial probationary period.

(e) Must investigate any discrepancies of all complaints as specified in WAC 296-05-009.

(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).

(1) The supervisor shall notify the training agent and the program sponsor that an investigation has commenced.

(2) When the investigation is complete, the supervisor shall prepare a report identifying the results. If the results indicate that the training agent has violated RCW 39.04.350 (1)(e) and 39.12.055(3), the supervisor will notify the training agent and program sponsor in writing, and provide a copy of the report to the WSATC.

(a) Following an investigation, the supervisor may require a training agent to submit and implement a voluntary corrective action plan to the department.

(b) If the training agent does not follow the voluntary corrective action plan or if a second investigation within one year of the initial inspection reveals the training agent is not operating as required by the program standards, the supervisor shall refer the matter to the WSATC for a hearing.

(3) The WSATC will conduct a hearing and issue a determination whether the training agent has violated RCW 39.04.350 (1)(e) and 39.12.055(3).

(4) A determination by the WSATC that a training agent has violated RCW 39.04.350 (1)(e) and 39.12.055(3) shall be stated in writing, along with the reasons supporting it, and shall be served upon the training agent, program sponsor, and supervisor as provided by RCW 34.05.010(19). Judicial review of the WSATC's written decision under this section shall be as provided in chapter 34.05 RCW.

AMENDATORY SECTION(Amending WSR 01-22-055, filed 10/31/01, effective 1/17/02)

WAC 296-05-109((Merit awards.))Apprenticeship program compliance reviews and sanctions.

((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.

(2) Compliance reviews may be conducted when:

(a) The WSATC receives a complaint about a program that has not been referred to a private review body;

(b) A sponsor seeks to register a new program or reregister an existing program;

(3) When a compliance review finds a program is not in compliance with its approved program standards or these rules, the supervisor of apprenticeship must:

(a) Notify the program sponsor of the results of the compliance review in writing and identify steps the program sponsor can make to be in compliance;

(b) Provide a reasonable opportunity for the program sponsor to correct any deficiencies identified in the compliance review;

(4) Sanctions: When a program sponsor has not taken corrective action to address material deficiencies identified by the apprenticeship section in a compliance review, and the apprenticeship supervisor determines the program sponsor refuses to correct deficiencies, the WSATC must, at the request of the supervisor:

(a) Begin proceedings to cancel the program's registration IAW WAC 296-05-200;

(b) Refer the matter to the equal employment opportunity commission;

(c) Refer the matter to the attorney general with recommendations for the institution of a court action under Title VII of the Civil Rights Act of 1964, as amended; or any other court action as authorized by law.

(5) When a program is provisionally approved, and the supervisor identifies deficiencies in a performance review, the WSATC may continue provisional program approval through the first full training term, or rescind program approval.

((PART B—WSATC MEETINGS—TYPES, PROCEDURES, AND CONDUCT))

AMENDATORY SECTION(Amending WSR 11-11-002, filed 5/4/11, effective 7/25/11)

WAC 296-05-200((Regular meetings.))Apprenticeship programs—Cancellation.

(((1) Each year, regular meetings of the WSATC shall be convened on the third Thursday of January, April, July, and October. These regular quarterly meetings shall be held at locations within the state of Washington. All meetings are open to the general public.

(2) Notice of each regular quarterly meeting shall be given to all WSATC members, ex officio members, and approved program sponsors.

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.

(2) The supervisor must:

(a) Provide notice of deficiencies to the program and sixty calendar days to correct the identified deficiencies;

(b) Provide notice that the program's registration may be canceled if the deficiencies are not corrected within sixty calendar days of receipt of the notice, and a notice of correction is sent to the supervisor within sixty calendar days of receipt of the notice;

(3) If the program does not correct identified deficiencies in a timely manner, the supervisor may begin the following procedures to cancel the program's registration. The supervisor must:

(a) Make a written recommendation to the WSATC that the program be canceled;

(b) Provide a record to the WSATC detailing the notice given to the program to correct identified deficiencies;

(c) Provide notice of the recommendation to the program sponsor and the apprenticeship committee responsible for administering the program;

(d) Provide the required notice thirty calendar days before the next regularly scheduled quarterly meeting for the WSATC to act on the supervisor's recommendation to cancel a program's registration. Absent an emergency, if notice is given fewer than thirty calendar days, the supervisor's recommendation to cancel a program's registration is heard at the subsequent regularly scheduled quarterly meeting.

(4) When the recommended program cancellation is heard before the WSATC, the supervisor or any interested party may present evidence or testimony to the WSATC regarding the recommended cancellation. The WSATC must vote on the supervisor's recommendation to cancel a program's registration. If a majority of the members approve the supervisor's recommendation, the WSATC provides written notice to all interested parties that the program's registration has been canceled. The program sponsor has thirty days from the date the WSATC mails its notice to the program sponsor to file an appeal with the director.

(5) When the supervisor recommends a program be canceled because the program violates federal law, and the WSATC cancels the program's registration as required by federal law, the program may also file an appeal with the U.S. Department of Labor, pursuant to 29 C.F.R. Parts 29 and 30.

AMENDATORY SECTION(Amending WSR 11-11-002, filed 5/4/11, effective 7/25/11)

WAC 296-05-203((Special meetings.))Equal opportunity in employment fundamentals.

(((1) Special meetings of the WSATC may be called at the request of the chair or by a majority of the WSATC members. To call a special meeting, a written notice of the meeting must be personally delivered or mailed to:

(a) Each member of the WSATC;

(b) All approved program sponsors; and

(c) Each general circulation newspaper, television or radio station which has on file with the WSATC or the supervisor a written request to be notified of special meetings.

In addition, notices of meetings may be sent electronically to all persons, organizations, agencies, and interested parties whose presence is desired.

(2) To be valid, the written notice must list the date, time and location of the meeting and specify the business to be transacted by the WSATC. The WSATC cannot take final action on any matter that is not specified in the written notice. Special meetings must be open to the general public and adhere to the same open meeting requirements that apply to the regular quarterly WSATC meetings.

(3) Notices of special meetings must be delivered personally or by mail at least seven calendar days before the specified time of the meeting.

(4) The exception is when a special meeting is called to consider rule changes according to chapter 34.05 RCW. In this case, the notice of the special meeting must be delivered at least twenty calendar days before the time specified in the notice.

(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.

(2) Registered apprenticeship programs are required to adopt written rules containing equal opportunity in employment standards required by 29 C.F.R. Part 30. Programs shall:

(a) Not discriminate on the basis of any category prohibited by federal law;

(b) Engage in affirmative recruiting action;

(d) Adopt an affirmative action recruiting program;

(e) Adopt a defined selection procedure for apprentices.

(3) The standards required by 29 C.F.R. Part 30 do not apply to programs with fewer than five apprentices.

AMENDATORY SECTION(Amending WSR 11-11-002, filed 5/4/11, effective 7/25/11)

WAC 296-05-205((Petitions, requests, and correspondence submitted to the WSATC.))Reinstatement of program registration.

(((1) For the WSATC to act upon petitions or requests at a regular quarterly meeting, the petitions or requests must be submitted in writing to the supervisor at least forty-five calendar days prior to the date of the regular quarterly meeting. Any petitions or requests not submitted forty-five calendar days prior to a quarterly meeting must be deferred to the next regular quarterly meeting. If a petition or request is deferred, the supervisor must notify the petitioner.

(2) Generally, correspondence not related to apprenticeship and training agreements and meetings, petitions and requests, must be submitted in writing to the supervisor of apprenticeship at least fifteen business days before the quarterly meeting at which the WSATC's consideration is requested. However, if the WSATC determines that the correspondence is crucial to any deliberations regarding approval or disapproval of an apprenticeship agreement, the supervisor may waive this fifteen business day requirement.

(3) Noncrucial correspondence submitted less than fifteen business days before the quarterly meeting must be considered by the WSATC at the next quarterly meeting.

(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.

AMENDATORY SECTION(Amending WSR 11-11-002, filed 5/4/11, effective 7/25/11)

WAC 296-05-207((Other regulations that apply to council meeting conduct.))Certification of apprentice labor standard on renewable energy projects.

(((1) All council meetings must be open to the general public. Members of the public cannot be required to register his/her 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, the Open Public Meetings Act and chapter 34.05 RCW, the Administrative Procedure Act. The following WSATC activities must take place in open public meetings:

(a) All transactions of official business;

(b) All commitments or promises;

(d) All collective decisions; and

(e) All council actions.

(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.

(2) The WSATC certifies a renewable energy project meets the required minimum when an applicant can show:

(a) A minimum of fifteen percent of the total labor hours used to construct the project are apprentice hours;

(b) Labor hours meet the definition in RCW 39.04.310(3). Hours worked by foremen, superintendents, owners, and workers who are not subject to prevailing wages must be reported and included in the total labor hours if the foreman, superintendent, or worker is counted in satisfying the required apprentice to journey supervision ratio as required by apprenticeship standards;

(c) The applicant requests certification within forty-five days of the start of the on-site construction for the project.

(3) Requests for certification are filed with the department and heard by the council at the council's next regular quarterly meeting. Requests for certification must include:

(a) The name, occupational title, and registration number for each registered apprentice;

(b) The number of apprentices and labor hours worked, categorized by occupational title and employer;

(d) Copies of weekly or monthly reporting forms and certified payroll records used to capture the required information;

(e) A statement affirming the hours reported meet the definition of "labor hours" as defined by subsection (2)(b) of this section.

(4) The department reviews requests for certification and recommends to the WSATC whether the request should be granted.

(5) The WSATC decides whether requests for certification are granted within thirty days from the date the matter is heard at the quarterly meeting. The WSATC can:

(a) Grant the request for certification;

(b) Deny the request for certification;

(6) If the request is granted, the WSATC certifies the apprentice labor hours on the project.

(7) If the request is denied, the aggrieved party may file an appeal pursuant to chapter 34.05 RCW.

AMENDATORY SECTION(Amending WSR 11-11-002, filed 5/4/11, effective 7/25/11)

WAC 296-05-400Equal employment opportunity plan—Purpose, scope and authority.

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

((• Deregister noncomplying apprenticeship programs; 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.

AMENDATORY SECTION(Amending WSR 01-22-055, filed 10/31/01, effective 1/17/02)

WAC 296-05-409Affirmative action information required by WSATC.

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.

AMENDATORY SECTION(Amending WSR 01-22-055, filed 10/31/01, effective 1/17/02)

WAC 296-05-411Affirmative action plan.

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.

(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.

AMENDATORY SECTION(Amending WSR 11-11-002, filed 5/4/11, effective 7/25/11)

WAC 296-05-413Outreach and recruitment requirements—Specific.

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).

AMENDATORY SECTION(Amending WSR 01-22-055, filed 10/31/01, effective 1/17/02)

WAC 296-05-441Noncompliance with federal and state equal opportunity requirements.

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.

AMENDATORY SECTION(Amending WSR 11-11-002, filed 5/4/11, effective 7/25/11)

WAC 296-05-443Complaint filing.

(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

(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.

REPEALER

The following sections of the Washington Administrative Code are repealed:


WAC 296-05-209	Voting.
WAC 296-05-211	Rules of order.
WAC 296-05-213	Retroactivity.
WAC 296-05-215	Limitations.
WAC 296-05-300	Apprenticeship and training programs—Approval.
WAC 296-05-302	Apprenticeship committee/program approval process.
WAC 296-05-303	Apprenticeship committees—Duties and responsibilities.
WAC 296-05-305	Apprenticeable occupations.
WAC 296-05-307	Types of apprenticeship agreements recognized by the WSATC.
WAC 296-05-309	Apprenticeship programs approved by the WSATC.
WAC 296-05-311	On-the-job training programs.
WAC 296-05-313	Apprenticeship committees—Composition.
WAC 296-05-314	Nonjoint and waiver committees—Additional requirements.
WAC 296-05-315	Term of apprenticeship—Standards requirement.
WAC 296-05-316	Apprenticeship agreements—Standards requirements.
WAC 296-05-317	Related/supplemental instruction.
WAC 296-05-318	Records required by the WSATC.
WAC 296-05-319	Apprenticeship agreement—Individual registration.
WAC 296-05-321	Apprenticeship agreement—Cancellation.
WAC 296-05-323	Certificate of completion.
WAC 296-05-325	Union waiver.
WAC 296-05-327	Reciprocity.
WAC 296-05-329	Certification of apprentice labor standard on renewable energy projects.
WAC 296-05-449	Program registration cancellation procedures.
WAC 296-05-451	Reinstatement of program registration.
WAC 296-05-453	Adoption of consistent state plans.