Section 212.3 - Apprenticeship Program Self-Evaluation and Monitoring(a) Each apprenticeship program shall annually prepare and submit a Self-Assessment Review as well as a Program Improvement Plan to the Chief DAS; provided, however, that a program is not required to submit a Review and a Plan in the first year of its existence.(b) The Self-Assessment Review shall contain an objective and critical appraisal of the following items at a minimum:(1) curriculum and instruction;(2) supervision and management;(3) individual apprentice training plans;(4) use of competent and qualified personnel;(5) utilization of facilities, equipment and material;(6) community, business and industry involvement;(7) recruitment, assessment and placement;(9) program accountability;(10) safety and drug-free environmental training; and(11) training in the recognition of sexual harassment and illegal discrimination, including the anti-harassment and anti-discrimination training required under Labor Code section 3073.9, subdivision (c)(4)(A).(c) The Program Improvement Plan shall contain provisions by which the program sponsor(s) represent that good faith efforts shall be made to improve identified deficiencies in program operations and in the training of apprentices. Such Plan shall contain at a minimum: (2) program improvement objectives;(3) identification of personnel, resources, and action needed; and(4) timelines for completion of objectives.(d) A program may be selected for evaluation at any time to ensure:(1) the program is complying with its standards;(2) adequate related and supplemental instruction is provided;(3) on-the-job training is provided by a journeyworker;(4) all work processes are being covered; and(5) graduates have completed the necessary requirements.(e) DAS shall select a program for priority evaluation based on the following: (1) a finding of a deficiency made by the DAS Chief, which shall include deficiencies noted in the program self-assessment, program review, and deficiencies in areas listed in subsection (d);(2) a new or newly expanded building and construction trades industry program within one year following its approval;(3) a determination that a program has been the subject of two or more meritorious complaints concerning the recruitment, on-the-job training, or related and supplemental instruction within a five year period;(4) a determination that a building and construction trades industry program has an annual completion rate below 50 percent of the average completion rate for the applicable trade;(A) For purposes of this section, the annual completion rate shall be determined by calculating the percentage of apprentices registered in a specific industry and program who receive a Certificate of Apprenticeship Completion by the end of the calendar year following the expected completion date listed on their apprenticeship agreements ("Calculation Period"). Apprentice agreements that are cancelled within one year after execution of the agreement by the apprentice will be excluded from this calculation. Completion rates will be determined annually on a program and industry-wide basis.(B) A program sponsor may, within one year after its annual completion rate has been determined, submit a written request to the Chief DAS to have its completion rate for that year revised to include any apprentices who have received a Certificate of Apprenticeship Completion within one year after the end of the Calculation Period. The request must provide the names of the apprentices and state the reasons for their delayed completion dates. Such requests shall be granted upon a showing of good cause, which shall include economic conditions that limit opportunities for on-the-job training, and personal extenuating circumstances that prevent apprentices from completing the program within the Calculation Period.(5) a finding of evidence that information provided by a building and construction trades industry apprenticeship program was purposefully misstated.(f) A program that has been selected for evaluation shall be notified by the Chief DAS at least 14 days prior to the commencement of the evaluation.(g) An evaluation of a program shall include a review of the program records, including records of apprentice training and related and supplemental instruction; inspection of the program's training facilities; visits to on-the-job training locations; and review of individual apprentice records. Apprentice records may be reviewed by a method of random selection and not every apprentice record need be reviewed so long as a sufficient number are reviewed to fairly evaluate the program. DAS shall attempt to contact at least 30 percent of the apprentices who have dropped out of the program prior to completion in the preceding five years to determine their reasons for leaving the program. The Chief DAS shall provide a copy of the proposed evaluation report to the program within 30 days of the completion of the evaluation. The program shall have 14 days following receipt of the report to make comments. The Chief DAS may reopen the evaluation in response to any comments, and shall take into account any comments when preparing a final evaluation report.(h) The final evaluation report shall contain recommendations for remedial action to correct any deficiencies that have been identified and a proposed time schedule for doing so. Programs that fail to follow the Chief DAS recommendations or correct deficiencies within 90 days of the final evaluation report shall be subject to deregistration under Section 212.4(b).(i) Final evaluation reports shall be made public by posting on the DAS website within 10 days following completion of the evaluation. A copy shall be also be presented to the Council for any program under the Council's jurisdiction. Evaluation reports shall not include the name, address or social security number or other identifying information about any apprentice and shall not include any medical or other confidential information about any apprentice.(j) The Chief DAS shall report at each regular California Apprenticeship Council meeting on the status of each pending evaluation for programs under the Council's jurisdiction. The Chief shall also report on the status of evaluations that were completed in the preceding 180 days, including whether deficiencies identified in the evaluation report have been corrected or whether a program's approval has been or is in the process of being withdrawn.Cal. Code Regs. Tit. 8, § 212.3
Note: Authority cited: Sections 3071 and 3073.9, Labor Code. Reference: Sections 3073, 3073.1, 3073.9, 3074, 3074.3, 3075, 3078 and 3090, Labor Code.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3073, 3073.1, 3074, 3074.3, 3075, 3078 and 3090, Labor Code.
1. New section filed 9-27-96; operative 10-27-96 (Register 96, No. 39).
2. Amendment of section heading, repealer of subsections (d)-(e), new subsections (d)-(h) and amendment of Note filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).
3. Amendment of section heading and section filed 2-9-2021; operative 4/1/2021 (Register 2021, No. 7). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
4. Amendment of section heading, subsection (b)(11) and NOTE filed 2-27-2024; operative 4/1/2024 (Register 2024, No. 9).