Md. Code Regs. 09.12.43.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.43.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Apprentice" means a worker 16 years old or older, who has entered into a voluntary written agreement with a sponsor who has agreed to teach the worker a skilled trade under terms defined in Regulations .04 and .05 of this chapter.

(2) "Apprenticeship agreement" means a written agreement between an apprentice and the sponsor that defines the relationship and is registered by the Maryland Apprenticeship and Training Council.

(3) "Apprenticeship program" means a written plan containing, at a minimum, the standards set forth in Regulation .05 of this chapter.

(4) "Cancellation" means:

(a) The deregistration by the Council of an apprenticeship program at the request of the program sponsor;

(b) The termination of an apprenticeship agreement at the request of the apprentice or sponsor; or

(c) Formal deregistration proceedings when the action is involuntary.

(5) "Competency" means the attainment of manual, mechanical, or technical skills and knowledge as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement.

(6) Competency-Based Approach.

(a) "Competency-based approach" means a method to measure skill acquisition through the individual apprentice's successful demonstration of acquired skills and knowledge, as verified by the program sponsor.

(b) "Competency-based approach " includes requiring an apprentice to complete an on-the-job learning component of registered apprenticeship with the program standards addressing:

(i) How on-the-job learning will be integrated into the program;

(ii) Describing competencies; and

(iii) Identifying an appropriate means of testing and evaluation for such competencies.

(7) "Council" means the Maryland Apprenticeship and Training Council.

(8) "Director" means the Director of the Maryland Apprenticeship and Training Program.

(9) "Employer" means an individual or organization located or operating in Maryland that employs an apprentice on a work site whether or not that individual or organization is a party to an apprenticeship agreement.

(10) "Hybrid approach" means a method to measure an individual apprentice's skill acquisition through a combination of a specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule.

(11) "Joint apprenticeship committee" means a committee, composed of an equal number of representatives of employers and employees, that has been jointly established by an employer or group of employers and a bona fide collective bargaining agent or agents to:

(a) Conduct, operate, or administer an apprenticeship program; and

(b) Enter into apprenticeship agreements with apprentices selected for employment under the particular program.

(12) "Journeyperson" means an individual who has completed:

(a) A registered apprenticeship in a craft; or

(b) The equivalent of an apprenticeship in length and content of work experience and all requirements in the apprenticeship standards for a craft.

(13) Nonjoint Apprenticeship Sponsor.

(a) "Nonjoint apprenticeship sponsor" means an apprenticeship program sponsor in which a bona fide collective bargaining agent does not participate.

(b) "Nonjoint apprenticeship sponsor" includes:

(i) An individual nonjoint sponsor which is an apprenticeship program sponsored by one employer without participation of a union; and

(ii) A group nonjoint sponsor which is an apprenticeship program sponsored by two or more employers without the participation of a union.

(14) "On-the-job training" means that segment of apprenticeship which can be obtained only on the job site.

(15) "Probationary period" means the period of time in an apprenticeship contract in which a party to the apprenticeship agreement may cancel the contract without cause.

(16) "Registration of an apprenticeship program" means the acceptance and recording of the program and issuance of a certificate of registration by the Maryland Apprenticeship and Training Council as meeting the basic standards and requirements of the Council.

(17) "Related instruction" means an organized and systematic form of instruction designed to provide knowledge of the theoretical and technical subjects related to the trade.

(18) "Secretary" means the Secretary of Labor, Licensing, and Regulation or a person specifically designated by the Secretary.

(19) "Sponsor" means an individual, association, committee, organization, or employer in whose name or title the program is or is to be registered.

(20) "State purposes" means:

(a) A State contract, grant, agreement, or arrangement dealing with apprenticeship; and

(b) State financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference, or right pertaining to apprenticeship.

(21) "Time-based approach " means a method that measures skill acquisition through the individual apprentice's completion of at least 2,000 hours of on-the-job learning as described in a work process schedule.

Md. Code Regs. 09.12.43.02

Regulations .02 adopted effective March 22, 1999 (26:6 Md. R. 484); amended effective 44:8 Md. R. 402, eff. 4/24/2017