§ 83.5. Standards of apprenticeship.
(a) An apprenticeship program, to be eligible for registration by the Council, shall be an organized, written plan embodying the term and conditions of employment, training and supervision of one or more apprentices in an apprenticeable occupation, as defined in this chapter, and subscribed to by a sponsor who has undertaken to carry out the apprentice training program.
(b) The standards shall contain provisions concerning the following:
(1) The employment and training of the apprentice in a skilled trade.
(2) A term of apprenticeship, not less than one year or 2,000 hours, consistent with training requirements as established by industry practice.
(3) An outline of work processes in which the apprentice will receive supervised work experience and training on-the-job, and the allocation of the approximate time to be spent in each major process.
(4) Provision for organized related and supplemental instruction in technical subjects related to the trade. A minimum of 144 hours for each year of apprenticeship is recommended. Such instruction may be given in a classroom, through trade, industrial or approved correspondence courses of equivalent value.
(5) A progressively increasing schedule of wages to be paid the apprentice. Wage rates shall be determined as follows: Where apprentice wage rates are established by collective bargaining agreement, they shall be accepted by the Council for apprentices covered by such agreements. Where wage rates are not established by collective bargaining agreements:
(i) The progressively increasing schedule of apprentice wage rates shall be expressed in terms of percentages of the journeyperson hourly rate.
(ii) Such rates shall represent the minimum for each incremental period of apprenticeship.
(iii) The hourly rate for a journeyperson for each trade included in a registered program shall be the average journeyperson hourly rate applicable to the employer and shall be stated in terms of dollars and cents.
(iv) The entry wage shall not be less than the State minimum wage, where applicable, unless a higher wage is required by other applicable Federal law, State law or respective regulations.
(v) Modification of wage progression or journeyperson wage shall be promptly reported to the Council.
(6) Periodic review and evaluation of the progress of the apprentice in job performance and related instruction and the maintenance of appropriate progress records.
(7) The ratio of apprentices to journeymen should be consistent with proper supervision, training, and continuity of employment or applicable provisions in collective bargaining agreements. The standard Pennsylvania Apprenticeship and Training Council ratio for Non-Joint programs shall be one apprentice employed for the first, second, third and fourth journeymen regularly employed; two apprentices for the fifth, sixth, seventh, eighth and ninth journeymen regularly employed; three apprentices for the tenth, eleventh, twelfth, thirteenth and fourteenth journeymen regularly employed, and so on in units of five journeymen regularly employed. Exemptions to the Pennsylvania Apprenticeship and Training Council’s standard ratios may be granted upon written request and approval of the Council.
(8) A probationary period reasonable in relation to the full apprenticeship term, with full credit for such period toward completion of apprenticeship.
(9) Adequate and safe equipment facilities for training and supervision, and safety training for apprentices on the job and in related instruction.
(10) The required minimum qualifications for persons entering an apprenticeship program.
(11) The placement of an apprentice under an apprenticeship agreement. The agreement shall directly, or by reference, incorporate the standards of the program as part of the agreement.
(12) The granting of advanced standing or credit for previously acquired experience, training, or skills for all applicants equally, with commensurate wages for any progression step so granted.
(13) Transfer of employer’s training obligation to another employer when the employer is unable to fulfill his obligation under the apprenticeship agreement, with consent of the apprentice and apprenticeship committee or program sponsor, with full credit to the apprentice for satisfactory time and training earned.
(14) Assurance of qualified training personnel and adequate supervision on the job.
(15) Recognition for successful completion of apprenticeship evidenced by an appropriate certificate.
(16) Identification of the registration agency.
(17) Provision for the registration, cancellation and deregistration of the program and requirement for the prompt submission of any modification or amendment thereto.
(18) Provision for registration of apprenticeship agreements, notice to the Council of persons who have successfully completed apprenticeship programs, and notice of cancellations and suspensions of apprenticeship agreements and cause therefore.
(19) Authority for the termination of an apprenticeship agreement during the probationary period by either party without stated cause.
(20) A statement that the program will be conducted, operated and administered in conformity with the Pennsylvania 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.
(22) Recording and maintenance of records concerning apprenticeship as may be required by the Council and applicable law.
Notes of Decisions ERISA does not preempt Pennsylvania’s prevailing wage and apprenticeship requirements insofar as they restrict the payment of apprenticeship wages to apprentices registered in approved programs. Ferguson Electric Co. v. Foley, 115 F.3d 237 (3d Cir. (Pa.) 1997); appeal denied 847 A.2d 1286 (Pa. 2004).
Cross References This section cited in 34 Pa. Code § 83.2 (relating to definitions).
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