Md. Code Regs. 09.12.43.05

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

Section 09.12.43.05 - Standards of an Apprenticeship Program

A. The apprenticeship program shall be an organized, written plan which includes the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation.

B. A sponsor of an apprenticeship program shall operate in accordance with or abide by the standards of the apprenticeship program.

C. Apprenticeship program standards shall include the following:

(1) The equal opportunity pledge prescribed in the Maryland State Plan for Equal Employment Opportunity in accordance with COMAR 09.12.42.04B A(1) and (2);

(2) If applicable, an affirmative action plan in accordance with COMAR 09.12.42.04B A(2) and (3);

(3) A selection method authorized in COMAR 09.12.42.06B; and

(4) The requirements of an apprenticeship program in accordance with §D of this regulation.

D. An apprenticeship program shall include the following provisions:

(1) The employment and training of the apprentice in a skilled occupation;

(2) A term of apprenticeship, which for an individual apprentice:

(a) May be measured through either a time-based approach, a competency-based approach, or a hybrid approach; and

(b) Is determined by the program sponsor, subject to approval by the Division, with the advice of the Council, depending on which approach is appropriate for the apprenticeable occupation for which the program standards are registered;

(3) A work processes outline which:

(a) Includes the allocation of the approximate time to be spent in each major work process, and

(b) Is an organized syllabus of operations and manual manipulative practices which shall be arranged in a logical manner and assigned sufficient time frames for these practices to equip an apprentice with a comprehensive basic skill development background to qualify for journey person or another stated training objective;

(4) Related instruction requirements as described in §E of this regulation;

(5) Apprentice wage rates as described in §F of this regulation;

(6) Progress records as described in §G of this regulation;

(7) Ratio of journeypersons to apprentices as described in §H of this regulation;

(8) Probationary period requirements as described in §I of this regulation;

(9) Safety equipment practices as described in §J of this regulation;

(10) Minimum age requirements as described in §K of this regulation;

(11) Placement of an apprentice under an apprenticeship agreement as required by law, with the apprenticeship agreement incorporating the registered standards;

(12) Credit for experience requirements as described in §L of this regulation;

(13) Transfer of employer's training obligation to another employer, when warranted, with full credit to apprentice for satisfactory time and training earned;

(14) Assurance of qualified training personnel;

(15) Recognition for successful completion of apprenticeship evidenced by a certificate of completion issued by the Council;

(16) Identification of the Council;

(17) The registration and cancellation of the apprenticeship program and the prompt submission of any modification or amendment to the apprenticeship program;

(18) Registration of an apprenticeship agreement, modification, and amendment;

(19) Notice to the Council of persons who have successfully completed apprenticeship programs and notice and cause of cancellations, suspensions, and termination of apprenticeship agreements;

(20) A statement that the program will be conducted, operated, and administered in conformity with the Maryland State Plan for Equal Employment Opportunity;

(21) Name and address of the appropriate authority under the program to receive, process, and make disposition of complaints; and

(22) Recording and maintenance of all records concerning apprenticeship required by the Council and other applicable law.

E. Related Instruction.

(1) A minimum of 144 hours of instruction for each year of apprenticeship or the numbers of hours necessary to cover related courses required by the program sponsor is required.

(2) Instruction may be provided:

(a) In a classroom;

(b) Through trade, industrial, or correspondence courses of equivalent value; or

(c) Through other forms of approved self-study.

F. Apprentice Wage Rates.

(1) A progressively increasing schedule of wages shall be paid to the apprentice.

(2) Apprentice wage rates established by a collective bargaining agreement shall be accepted by the Council for apprentices covered by the agreement.

(3) For a program where wage rates are not established by collective bargaining agreements:

(a) The progressively increasing schedule of apprentice wage rates shall be expressed in percentages of the journeyperson hourly rate;

(b) Rates shall represent the minimum for each incremental period of apprenticeship;

(c) The journeyperson hourly rate for each trade included in a registered program shall be the average journeyperson hourly rate applicable to the participant employer and shall be stated in dollars and cents;

(d) The entry wage may not be less than the State minimum wage, if applicable, unless a higher wage is required by other applicable federal law, State law, or respective regulations; and

(e) Any modification of wage progression or journeyperson wage shall be promptly reported to the Council.

G. Progress Records.

(1) Periodic review and evaluation of an apprentice's progress in job performance and related instruction shall be conducted.

(2) Appropriate progress records shall be maintained.

(3) Upon request, progress records shall be submitted to the Council for review.

H. Ratio of Journeypersons to Apprentices.

(1) Each program shall have a minimum ratio of one journeyperson regularly employed for one apprentice consistent with proper supervision, training, and continuity of employment and applicable provisions in collective bargaining agreements.

(2) Deviation from the minimum ratio, including the bargaining agreements, is not permitted unless first submitted to the Council in writing for its approval.

I. Probationary Period.

(1) A probationary period covering employment and instruction shall be reasonable in relation to the full apprenticeship term with full credit for the period toward completion of the apprenticeship agreement.

(2) The probationary period may not exceed 1/4 of the full term of the apprenticeship agreement.

(3) During the probationary period, upon written notice to the Council, the apprenticeship agreement may be terminated without cause by either party to the agreement.

(4) After the probationary period, the apprenticeship agreement may be suspended, canceled, or terminated for good cause provided:

(a) Due notice is given to the apprentice;

(b) A reasonable opportunity for corrective action is provided; and

(c) Written notice of the final action is given to the apprentice and the Council.

J. Safety Equipment Practices.

(1) The program sponsor shall provide:

(a) Adequate and safe equipment and facilities for training and supervision; and

(b) Safety training for apprentices on the job and in related instruction.

(2) The standards of the apprenticeship program shall include a statement that the instructor, supervisor, journeyperson, or master who is supervising the work of the apprentice is responsible for giving instruction in safe working methods and techniques in each operation as it is encountered in accordance with the Maryland Occupational Safety and Health Law and operating codes for the trade.

K. Minimum Age.

(1) An individual entering an apprenticeship agreement shall be 16 years old or older.

(2) An apprentice younger than 18 years old shall have a work permit.

L. Advanced Standing or Credit for Previously Acquired Experience, Training, Skills, or Aptitude.

(1) Upon a showing of satisfactory evidence, advanced standing or credit up to 50 percent of on-the-job training or related instruction, or both, may be granted to an apprentice for previously acquired experience, training, skills, or aptitude, provided that wages shall be commensurate for any progression step of advanced standing or credit awarded.

(2) In order for a specific apprentice to obtain credit for more than 50 percent of these requirements, the sponsor shall:

(a) Send a written request to the Council detailing why the credit should be granted; and

(b) Obtain the explicit written approval of the Council to grant the credit to the apprentice.

(3) If the request is based on the apprentice's previous experience, training, skills, or aptitude, the request shall detail:

(a) The number of years of experience, training, skills, or aptitude in the trade; and

(b) The sponsor's judgment regarding the quality of the apprentice's experience, training, skills, or aptitude in relation to the sponsor's requirements.

(4) If the request is based on the fact that the apprentice has already completed more than 50 percent of the program but has not been registered, the sponsor shall make an adequate showing of good cause as to why the apprentice was not registered in a timely fashion.

Md. Code Regs. 09.12.43.05

Regulations .05 adopted effective March 22, 1999 (26:6 Md. R. 484)
Regulation .05H amended effective April 10, 2006 (33:7 Md. R. 668)
Regulation .05L amended effective December 11, 2000 (27:24 Md. R. 2199); amended effective 44:8 Md. R. 402, eff. 4/24/2017