Vermont Statutes Title 21 Sec. 1116
Terms Used In Vermont Statutes Title 21 Sec. 1116
- Apprentice: means an individual who is:
- Board: means the entity created in section 1114, Vermont Apprenticeship Advisory Board, of this title and described as a "State Apprenticeship Council" in 29 C. See
- Commissioner: means the Commissioner of the Vermont Department of Labor. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Journey-worker: means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. See
- Sponsor: means an employer, a joint labor-management organization, a trade association, a professional association, a labor organization, an education and training provider, or a qualified intermediary that is applying to register, administer, and operate an apprenticeship program. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 1116. Ratios
(a) Ratios; variances.
(1)(A) Except as otherwise provided in this section, the ratio of apprentices to journey-workers shall be 1:1.
(B) For each apprentice who completes 2,000 hours of on-the-job training, the ratio may increase to 2:1.
(C) The ratio shall not exceed two apprentices for each journey-worker unless a variance to the ratio is approved by the Commissioner.
(D) Variances shall not be permitted for youth apprenticeships.
(2)(A) A sponsor or an employer may request to modify the ratio of journey-worker to apprentices for one or more years of an apprenticeship program.
(B) The request shall be in writing and include the following information:
(i) the capacity of the employer to maintain the quality of supervision of on-the-job training set forth their program standards with added apprentices;
(ii) the impact of higher ratios on the learning experience of existing apprentices and steps taken to ensure that apprentices are not disadvantaged in the quality of their on-the-job learning, mentoring, and supervision by higher ratios; and
(iii) an occupational safety analysis that describes the specific risks to apprentices, journey-workers, and the general public and what steps will be taken to mitigate each risk.
(3)(A) The Commissioner, with advice from the Director, the Director of the Vermont Occupational Safety and Health Administration, and the Board shall review the request and respond in writing within 90 days of receipt of the request.
(B) In evaluating a request, the Commissioner may affirm or modify a ratio upon a determination that the new ratio:
(i) will not endanger the safety of apprentices or the journey-worker; and
(ii) will not materially impair the quality of the on-the-job training.
(4) Nothing in this section shall be construed as prohibiting a sponsor or employer from establishing a ratio that permits or requires more than one journey-worker for each apprentice or as invalidating a collective bargaining agreement that permits or requires more than one journey-worker for each apprentice.
(5)(A) In a period of emergency declared by the Governor, the Commissioner may approve a higher ratio for one or more employers or sponsors without the need for an individual written request. The Commissioner shall receive advice from the Board prior to issuing a blanket ratio variance under this subsection.
(B) When the period of emergency expires, any ratio variances approved by the Commissioner under this subdivision (5) shall terminate and the sponsor shall comply with the requirements of this section governing ratios.
(b) National Program Standards programs. Employers who participate in a National Apprenticeship Standards Program whose approved ratio is greater than 1:1 shall operate under the State‘s default 1:1 ratio requirement unless a variance is approved under this section. (Added 2023, No. 55, § 1, eff. July 1, 2023.)