Maine Revised Statutes Title 26 Sec. 3203 – Standards of apprenticeship
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An apprenticeship program must conform to the following standards to be eligible for approval and registration by the Maine Apprenticeship Program. [PL 2011, c. 491, §13 (NEW).]
1. Standards. An apprenticeship program must have organized, written standards containing 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 program. The standards must contain:
A. A description of the employment and training of the apprentice in a skilled occupation; [PL 2011, c. 491, §13 (NEW).]
B. A description of how successful apprenticeship will be measured, which for an individual apprentice may be a time-based approach, a competency-based approach or a hybrid approach. An apprenticeship program must require a minimum of 2,000 hours of on-the-job learning.
(1) The time-based approach measures skill acquisition through the individual apprentice’s completion of 2,000 to 10,000 hours of on-the-job learning as described in a work process schedule.
(2) The competency-based approach measures skill acquisition through the individual apprentice’s successful demonstration of acquired skills and knowledge, as demonstrated by an appropriate written and hands-on proficiency measurement. An apprenticeship program using the competency-based approach must still require apprentices to complete an on-the-job learning component of registered apprenticeship. The apprenticeship program’s standards must address how on-the-job learning will be integrated into the apprenticeship program, describe competencies and identify an appropriate means of testing and evaluation for such competencies.
(3) The hybrid approach measures the 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.
The determination of the appropriate approach for the apprenticeship program’s standards is made by the sponsor, subject to approval by the Maine Apprenticeship Program of the determination as appropriate to the apprenticeable occupation for which the apprenticeship program is registered; [PL 2011, c. 491, §13 (NEW).]
C. An outline of the work processes in which the apprentice will receive supervised work experience and training on the job and the allocation of the approximate amount of time to be spent in each major process; [PL 2011, c. 491, §13 (NEW).]
D. Provision for at least 144 hours of related instruction for each year of apprenticeship. An apprenticeship instructor must:
(1) Meet the Department of Education’s requirements for a career and technical education instructor or be a subject matter expert, such as a journeyman, who is recognized within an industry as having expertise in a specific occupation; and
(2) Have training in teaching techniques and adult learning styles. This training may occur before or after the apprenticeship instructor has started to provide the related instruction; [PL 2011, c. 491, §13 (NEW).]
E. A schedule of progressively increasing wages to be paid to an apprentice consistent with the skill acquired. The entry wage may not be less than the minimum wage prescribed by the federal Fair Labor Standards Act of 1938 for student preapprentices and not less than 50% of the journeyman rate for adult registered apprentices, unless a higher wage is required by other applicable federal law or regulation or state law or rule or by collective bargaining agreement. For purposes of this paragraph, “journeyman 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; [PL 2023, c. 318, §2 (AMD).]
F. Provision for periodic review and evaluation of the apprentice’s performance on the job and in related instruction and for the maintenance of appropriate progress records; [PL 2011, c. 491, §13 (NEW).]
G. Provision for a numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety and continuity of employment and with applicable provisions in collective bargaining agreements, except when a minimum ratio is expressly provided for by the collective bargaining agreements. The ratio language must be specific and clear as to its application to the job site, workforce, department or plant; [PL 2011, c. 491, §13 (NEW).]
H. Provision for a probationary period reasonable in relation to the full apprenticeship term, with full credit given for such a period toward completion of apprenticeship. The probationary period may not exceed 25% of the length of the apprenticeship program or one year, whichever is shorter; [PL 2011, c. 491, §13 (NEW).]
I. Provision for adequate and safe equipment and facilities for training and supervision, safety training for apprentices on the job and in related instruction and qualified training personnel and adequate supervision on the job; [PL 2011, c. 491, §13 (NEW).]
J. The 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 federal occupational safety and health laws or regulations; [PL 2011, c. 491, §13 (NEW).]
K. Provision for the placement of an apprentice under an apprenticeship agreement that meets the requirements of this chapter and 29 C.F.R. § 29.7 and is approved by the Maine Apprenticeship Program and directly or by reference incorporates the standards of the apprenticeship program as part of the agreement; [PL 2011, c. 491, §13 (NEW).]
L. Provision for the granting of advanced standing or credit for demonstrated competency, acquired experience, training or skills, which must be applied to all applicants equally, with commensurate wages for standing or credit so granted; [PL 2011, c. 491, §13 (NEW).]
M. Provision for transfer of an apprentice between apprenticeship programs and within an apprenticeship program in accordance with section 3204, subsection 3; [PL 2011, c. 491, §13 (NEW).]
N. Provision for recognition for successful completion of apprenticeship evidenced by an appropriate certificate issued by the Maine Apprenticeship Program; [PL 2011, c. 491, §13 (NEW).]
O. With respect to an apprenticeship program that uses the competency-based or hybrid approach under paragraph B and that includes the issuance of interim credentials, program standards that clearly identify the interim credentials, demonstrate how the 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 particular interim credential. Interim credentials may be issued only for recognized components of an apprenticeable occupation; [PL 2011, c. 491, §13 (NEW).]
P. Provision for the registration and deregistration of the apprenticeship program and for the prompt submission of any program standard modification or amendment to the Maine Apprenticeship Program for approval; [PL 2011, c. 491, §13 (NEW).]
Q. Provision for registration of and amendments to apprenticeship agreements and for notice to the Maine Apprenticeship Program in accordance with section 3204, subsection 4; [PL 2011, c. 491, §13 (NEW).]
R. Provision for authority for the cancellation of an apprenticeship agreement during the probationary period under section 3205, subsection 8 by either party without stated cause; [PL 2011, c. 491, §13 (NEW).]
S. Provision for compliance with the equal employment opportunity requirements of this chapter and be in accordance with all aspects of 29 C.F.R. § 30; [PL 2011, c. 491, §13 (NEW).]
T. The name, address, telephone number and e-mail address, if appropriate, for the appropriate individual with authority under the apprenticeship program to receive, process and make disposition of complaints; [PL 2023, c. 318, §3 (AMD).]
U. Provision for recording and maintenance of all records concerning apprenticeship as may be required by the Maine Apprenticeship Program and other applicable law; [PL 2023, c. 318, §4 (AMD).]
V. The dollar value of employer-paid health insurance; and [PL 2023, c. 318, §5 (NEW).]
W. The dollar value of employer-paid retirement contribution benefits, except those retirement contribution benefits that require the employee to match the employer-paid contributions for the employee to access the retirement fund offered by the employer. [PL 2023, c. 318, §6 (NEW).]
[PL 2023, c. 318, §§2-6 (AMD).]
SECTION HISTORY
PL 2011, c. 491, §13 (NEW). PL 2023, c. 318, §§2-6 (AMD).
Terms Used In Maine Revised Statutes Title 26 Sec. 3203
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Apprentice: means a person who is at least 16 years of age, except when a higher minimum age standard of 18 years of age is otherwise fixed by law or a sponsor, who is employed to learn an apprenticeable occupation that is approved by the department and who is registered with the Maine Apprenticeship Program. See Maine Revised Statutes Title 26 Sec. 3201
- Apprenticeable occupation: means an occupation that is specified by industry and that:
A. See Maine Revised Statutes Title 26 Sec. 3201Apprenticeship agreement: means a written agreement between an apprentice and a sponsor or employer that contains the terms and conditions of the employment and training of the apprentice. See Maine Revised Statutes Title 26 Sec. 3201 Apprenticeship program: means a plan containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, including such matters as the requirement for an apprenticeship agreement, a schedule of work experience outlining the skills to be learned on the job, a schedule of related instruction courses necessary to supplement the on-the-job learning and a schedule of progressively increasing wages to be paid to an apprentice consistent with the skill proficiencies achieved and leading toward a journeyman wage rate. See Maine Revised Statutes Title 26 Sec. 3201 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. See Maine Revised Statutes Title 26 Sec. 3201 Department: means the Department of Labor. See Maine Revised Statutes Title 26 Sec. 3201 Employer: means a person or organization employing an apprentice, whether or not the person or organization is a party to an apprenticeship agreement with the apprentice. See Maine Revised Statutes Title 26 Sec. 3201 Interim credential: means a credential issued by the department to document attainment of certain benchmarks toward completion of an apprenticeship. See Maine Revised Statutes Title 26 Sec. 3201 Journeyman: includes a mentor, technician, specialist or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training, as determined by the sponsor. See Maine Revised Statutes Title 26 Sec. 3201 Maine Apprenticeship Program: means the Maine Apprenticeship Program established in section 3202. See Maine Revised Statutes Title 26 Sec. 3201 Registered apprenticeship: means an apprenticeship program registered with the Maine Apprenticeship Program in accordance with Title 26, chapter 37. See Maine Revised Statutes Title 1 Sec. 72 Registration: means registration with the Maine Apprenticeship Program under section 3202. See Maine Revised Statutes Title 26 Sec. 3201 Related instruction: means an organized and systematic form of instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the apprentice's occupation and 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 department. See Maine Revised Statutes Title 26 Sec. 3201 Sponsor: means a person, association, apprenticeship committee or organization operating an apprenticeship program and in whose name the apprenticeship program is or is to be registered or approved. See Maine Revised Statutes Title 26 Sec. 3201 Transfer: means a shift of registration from one apprenticeship program to another or from one employer within a program to another employer within that same program, in accordance with an agreement between the apprentice and the affected sponsors. See Maine Revised Statutes Title 26 Sec. 3201 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72