Section 212 - Content of Apprenticeship Program StandardsApprenticeship programs shall be established by written apprenticeship standards which must be approved by the Chief DAS under Section 212.2. In order to be approved, the standards must cover all work processes within the apprenticeable occupation. The standards must contain:
(a) A statement of: (1) the occupation(s) and 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 time to be spent in each major process;(2) the parties to whom the standards apply, the program sponsor's labor market area, and the program's geographic area of operation as defined by section 205(n);(3) the duties of the apprentice;(4) the apprentice's working conditions unique to the program;(5) the progressively increasing wage, employee benefits and other compensation of the apprentice, as set by Section 208;(6) the ratio of apprentices to journeyworkers, or the number of apprentices to be employed and the method used to determine the ratio whether by job site, workforce, department or plant;(7) the local education agency which has agreed to provide the related and supplemental instruction, and a description of the courses to be provided;(b) Provisions for: (1) establishment of an apprenticeship committee, if applicable;(2) administration of the standards;(3) establishment of rules and regulations governing the program. An apprenticeship program's standards or rules may provide for a period of probation which may not be for more than the combination of 1,000 hours of employment and 72 hours of related instruction;(4) determining the qualifications of employers if other than single employer programs and an orientation, workshop, or other educational session for employers to explain the apprenticeship program's standards and the operation of the apprenticeship program;(5) determining the qualifications of apprentice applicants and fair and impartial treatment of applicants for apprenticeship selected through uniform selection procedures, pursuant to Section 215;(6) the incorporation of the provisions of the standards into the apprentice agreement either directly or by reference;(7) a procedure to be utilized for the recording and maintenance of all records concerning apprenticeship and otherwise required by law, including a system for recording the apprentice's current address, worksite job progress, and progress in related and supplemental instruction, as well as a system for the periodic review and evaluation of the apprentice's progress in job performance and related instruction;(8) discipline of apprentices for failure to fulfill their obligations on-the-job or in related instruction, including provisions for fair hearings;(9) terminating, or recommending the cancellation of, apprentice agreements in accordance with section 207;(10) recommending issuance of State Certificates of Completion of Apprenticeship pursuant to Section 224;(11) training and supervision, both on the job and in related instruction, in first aid, safe working practices and the recognition of occupational health and safety hazards;(12) training in the recognition of illegal discrimination and sexual harassment, including the anti-harassment and anti-discrimination training required under Labor Code section 3073.9, subdivision (c)(4)(A);(13) procedures to ensure that its apprentices are not harassed or discriminated against on any of the bases protected by the Fair Employment and Housing Act, and to ensure that its apprenticeship program is free from intimidation and retaliation;(14) establishment and implementation of procedures for handling and resolving internal complaints about harassment or discrimination as required under Labor Code section 3073.9, subdivision (c)(4)(C).(15) approval of the standards, and revisions to the standards, by the Chief DAS;(16) an adequate mechanism to be used for the rotation of the apprentice from work process to work process to assure the apprentice of complete training in the apprenticeable occupation including mobility between employers when essential to provide exposure and training in various work processes in the apprenticeable occupation; and an adequate mechanism that will be used to provide apprentices with reasonably continuous employment in the event of a lay-off or the inability of one employer to provide training in all work processes as outlined in the standards;(17) the on-going evaluation of the interest and capacity of individual employers to participate in the apprenticeship program and to train apprentices on-the-job and provisions for the evaluation of on-the-job training and related and supplemental instruction;(18) compliance with training criteria where such have been adopted pursuant to Section 212.01; and(19) meaningful representation of the interests of apprentices in the management of the program, which is shown where:(A) In a joint labor-management sponsored program, the apprentices participating in that program are represented by a labor organization pursuant to one of the following: National Labor Relations Act, the Railway Labor Act, the California Public Employee Relations Act, Agricultural Labor Relations Act, the Meyers-Milias Brown Act;(B) In a program sponsored by more than one employer or an association of employers, the apprentices participating in that program are at least equally represented on an advisory panel established by the apprenticeship committee responsible for the operation of the program. The apprentices shall be represented on the advisory panel by at least three representatives of the apprentices' choice who shall have full voice and vote on the panel except as to financial matters or matters that relate to the administration or structure of an employee benefit plan or the administration or operation of a trust fund. The representatives of the apprentices shall be selected by way of a secret ballot election among the apprentices conducted by the apprenticeship program not less than once every two (2) years. This advisory panel shall meet not less than once every quarter to address issues and concerns raised by and affecting the apprentices in the program.(c) For programs in the building and construction trades industry, the procedures specified in subsection (b)(7) above shall also include systems for (1) providing to each apprentice, on at least a semiannual basis, a statement showing the number of hours of on-the-job training and related and supplemental instruction that the apprentice has acquired toward graduation, the total number of hours of on-the-job training and related and supplemental instruction that remain to be completed for graduation, and the apprentice's expected graduation date; and(2) submission of apprentices' registration, change of address, graduation, and termination data to DAS on a monthly basis in an acceptable electronic format.(d) The names and signatures of the parties.Cal. Code Regs. Tit. 8, § 212
Note: Authority cited: Sections 3071 and 3073.9, Labor Code. Reference: Sections 3071, 3073, 3073.9, 3075, 3075.6, 3075.7 and 3078, Labor Code.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3073, 3075, 3075.6, 3075.7 and 3078, Labor Code.
1. Amendment of subsection (c) filed 5-7-75; effective thirtieth day thereafter (Register 75, No. 19).
2. Amendment of subsection (a)(8) filed 11-5-75; effective thirtieth day thereafter (Register 75, No. 45).
3. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).
4. Amendment filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).
5. Amendment of initial paragraph and subsection (c)(15) filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).
6. Amendment filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
7. Amendment of section and Note filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).
8. Amendment of subsections (a)(6) and (b)(7), new subsections (c)-(c)(2), subsection relettering and amendment of Note filed 2-9-2021; operative 4/1/2021 (Register 2021, No. 7). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
9. Amendment of subsection (a)(2), (b)(5) and (b)(12), new subsections (b)(13)-(14), subsection renumbering and amendment of NOTE filed 2-27-2024; operative 4/1/2024 (Register 2024, No. 9).