Vermont § 1117 - Standards of apprenticeship

§ 1117. Standards of apprenticeship

• (a) An apprenticeship program shall conform to the standards identified in this section
  to be eligible for approval and registration by the Vermont Registered Apprenticeship
  Program. (b) A program sponsor shall have an organized, written plan specifying program standards
  that embody the terms and conditions of employment, training, and supervision of one
  or more apprentices in an apprenticeable occupation and subscribed to by a sponsor
  who has undertaken to carry out the local apprentice training program. (c) The written plan shall contain provisions that address the following: (1) Apprenticeable occupation. The employment and training of the apprentices in an apprenticeable occupation. (2) Term and modality of program. The term of the program measured using either a time-based approach, competency-based
  approach, or a hybrid approach. (A) The time-based approach measures skill acquisition through the individual apprentice’s
  completion of a minimum of 2,000 hours to a maximum of 10,000 hours of on-the-job
  learning as described in a work process schedule. (B) The competency-based approach measures skill acquisition through the individual apprentice’s
  successful demonstration of acquired skills and knowledge, as verified by the program
  sponsor, and cannot be less than one year in length. Programs utilizing this approach
  shall require apprentices to complete an on-the-job learning component. The program
  standards shall address how on-the-job learning will be integrated into the apprenticeship
  program, describe competencies, and identify appropriate means of testing and evaluation
  for such competencies. (C) The hybrid approach measures the individual apprentice’s skill acquisition 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. (D) The determination of the appropriate approach for the apprenticeship program standards
  is made by the program sponsor, subject to the approval by the Vermont Registered
  Apprenticeship Program. (3) Work process. An outline of the work processes in which the apprentice will receive supervised
  work experience and on-the-job training and the allocation of the approximate amount
  of time to be spent in each major process. (4) Related instruction and instructor requirements. An organized description of related instruction and technical subjects related to
  the occupation that shall include a minimum of 144 hours of related technical instruction
  for each year of apprenticeship. Instruction and technical subjects may be accomplished
  through media such as classroom, occupational or industry courses, electronic media,
  or other instruction approved by the Vermont Registered Apprenticeship Program. Every
  apprenticeship instructor shall: (A) Meet the Agency of Education’s requirements for a career and technical education instructor
  or be a subject matter expert, which is an individual, such as a journey-worker, who
  is recognized within an industry as having expertise in a specific occupation. (B) Have training in teaching techniques and adult learning styles. This training may
  occur not later than one year after the apprenticeship instructor has started to provide
  the related technical instruction. (5) Wage schedule. A schedule of progressively increasing wages to be paid to an apprentice consistent
  with the skill acquired. The entry wage shall not be less than minimum wage or 50
  percent of the journey-worker rate, whichever is highest, for adult registered apprentices,
  unless a higher wage is required by other applicable State law or rules or federal
  law or regulations, or by collective bargaining agreement. For purposes of this subdivision,
  “journey-worker rate” is the rate of pay established by the sponsor for an apprentice
  who has met all of the skill, knowledge, and competency requirements for that occupation. (6) Fringe benefits. Fringe benefits made available to nonapprentices within the company shall also be
  available to apprentices registered in the company’s apprenticeship program. (7) Apprentice performance evaluation. Provision for periodic review and evaluation of the apprentice’s performance on the
  job and in related instruction and the maintenance of appropriate progress records,
  including maintaining records of hours worked for those apprentices in time-based
  programs. (8) Ratio. Provision for a numeric ratio of apprentices to journey-workers consistent with proper
  supervision, training, safety, and continuity of employment and with applicable provisions
  in collective bargaining agreements, except where such ratios are expressly prohibited
  by the collective bargaining agreement. The ratio language shall be specific and clearly
  described as to its application to the job site, workforce, department, or plant.
  The ratio shall comply with the requirements set forth in this chapter. Any variances
  requested to the set ratio shall be approved in advance of the variance being applied
  to the apprenticeship program. (9) Probationary period. A probationary period reasonable in relation to the full apprenticeship term, with
  full credit given for such period toward completion of apprenticeship. The probationary
  period cannot exceed 25 percent of the length of the apprenticeship program, or one
  year, whichever is shorter. (10) Equipment and facilities. Provision for adequate and safe equipment and facilities for training and supervision,
  and safety training for apprentices on the job and in related instruction. (11) Minimum qualifications. Facially neutral, minimum qualifications required by the sponsor for persons entering
  the apprenticeship program, with an eligible starting age of not less than 16 years
  of age, or 18 years of age if required by State law or rules or by federal law or
  regulations. (12) Placement. Provision for the placement of an apprentice under a written apprenticeship agreement
  that meets the requirements of this chapter and 29 C.F.R. § 29.7 is approved by the Vermont Registered Apprenticeship Program, and directly, or by
  reference, incorporates the standards of the apprenticeship program as part of the
  agreement. (13) Registration cards. Provision that identifies the need for a card to be produced that confirms the registration
  status of an apprentice in an approved occupation. (14) Advanced Standing. Provision for the granting of advanced standing or credit for demonstrated competency,
  acquired experience, training, or skills, that shall be applied to all applicants
  equally with commensurate wages for any progression step so granted. (15) Transfer. Provision for transfer of an apprentice between apprenticeship programs and within
  an apprenticeship program. Such a transfer shall be based on agreement between the
  apprentice and the affected apprenticeship committees or program sponsors, and shall
  comply with the following requirements: (A) the transferring apprentice shall be provided a transcript of related instruction
  and on-the-job learning by the program sponsor; (B) the transfer shall be to the same occupation; and (C) a new apprenticeship agreement shall be executed when the transfer occurs between
  program sponsors. (16) Qualified training personnel. Assurance of qualified training personnel and adequate supervision on the job. (17) Completion. Provision for recognition for successful completion of apprenticeship evidenced by
  an appropriate certificate issued by the Vermont Registered Apprenticeship Program. (18) Interim and stackable credentials. Apprenticeship program standards that utilize the competency-based or hybrid approach
  for progression through an apprenticeship and that choose to issue interim credentials
  shall clearly identify the interim credentials, demonstrate how these credentials
  link to the components of the apprenticeable occupation, and establish the process
  for assessing an individual apprentice’s demonstration of competency associated with
  the interim credential. Further, interim credentials shall only be issued for recognized
  components of an apprenticeable occupation thereby linking interim credentials specifically
  to the knowledge, skills, and abilities associated with those components of the apprenticeable
  occupation. (19) Registration agency. Identification of the Vermont Department of Labor as the registration agency. (20) Program modifications. Provision for the registration, cancellation, and deregistration of the apprenticeship
  program and for the prompt submission of any program standard modification or amendment
  to the Vermont Registered Apprenticeship Program for approval. (21) Registering apprentices. Provision for apprenticeship agreements, modifications, and amendments; notice to
  the Vermont Registered Apprenticeship Program of persons who have successfully completed
  apprenticeship programs within 45 days after completion of all requirements; and notice
  of transfers, suspensions, and cancellations of apprenticeship agreements and a statement
  of the reasons for the action, transfer, suspension, or cancellation. (22) Cancellation. Provision for the authority to cancel an apprenticeship agreement during the probationary
  period by either party without cause. (23) Equal Employment Opportunity. Provision for compliance with 29 C.F.R. Part 30, including the equal opportunity pledge prescribed in 29 C.F.R. § 30.3(c); an affirmative action program complying with 29 C.F.R. § 30.4 and a method for the selection of apprentices complying with 29 C.F.R. § 30.10, or compliance with parallel requirements contained in the Department’s State Plan
  for Equal Employment Opportunity in Apprenticeship adopted under 29 C.F.R. Part 30 and approved by federal Office of Apprenticeship. The apprenticeship standards shall
  also include a statement that the program will be conducted, operated, and administered
  in conformity with applicable provisions of 29 C.F.R. Part 30, as amended, or if applicable the State Plan for Equal Employment Opportunity in
  Apprenticeship. (24) Contact information. The name, physical address, telephone number, and e-mail address for the appropriate
  individual with authority under the apprenticeship program to receive, process, and
  make disposition of complaints. (25) Recordkeeping. Provision for recording and maintenance of all records concerning apprenticeship
  as may be required by the Vermont Registered Apprenticeship Program and other applicable
  law. (Added 2023, No. 55, § 1, eff. July 1, 2023; amended 2023, No. 85 (Adj. Sess.), § 164, eff. July 1, 2024.)