NEW YORK STATE APPRENTICESHIP TRAINING Labor Law Article 23. 12 NYCRR Part 601 Phase Three September 14, 2010. Additional Requirements for State Agencies to Comply with Federal Regulations at 29 CFR Part 29 – All State Agencies must provide:.
12 NYCRR Part 601
September 14, 2010
Approval for three methods of providing apprenticeship training progression and proficiency;
Reciprocal Approval for Programs registered with federal Office of Apprenticeship or another State Agency.
Competency- based Training;
Approach is proposed by Sponsor.
If approach is already recognized by USDOL within trade – DOL will recognize approach for that trade if that trade is offered in NY as time-based.
If approach not recognized by USDOL, DOL will review to see if appropriate for that trade.
DOL will develop training outline for skills and instruction necessary for competencies in trade.
Sponsor will be responsible for independent testing for competency in skill including costs associated with all testing.
Minimum of 4000 hours/2000 hours in a New Trade subject to DOL approval;
144 hours of Related Instruction;
Documentation of on-the-job training, Related Instruction and Prior Credit.
Length - determined by equivalent Time-based approach;
May be completed in less time - but minimum of 1000 hours of on-the-job training;
Sponsor submits the following with application:
Proposed training outline for Work Processes and Related Instruction;
Proof of nationally/industry recognized testing for evaluating hands-on and written proficiency;
Identification of qualified third-party to measure hands-on and written proficiency;
Successful completion of skills and Related Instruction testing will allow Apprentice to advance to the next skill.
5. Documentation including results of testing must be thorough and complete.
Combination of Competency –Based and Time-Based methods;
Use Competency model but with range for minimum/maximum number of hours for each skill required;
Documentation, including results of testing for hands-on and related instruction proficiency and number of hours completed for on-the-job skills and related instruction.
Granted to Programs registered for at least two years with federal Office of Apprenticeship or states with registered programs approved by USDOL offering reciprocity to NY registered programs;
Applies to all projects that are funded in any amount by federal money;
Apprentices in approved programs are considered registered in NY for federal purposes;
Where approval is granted, sponsor must comply with NY wage rates and apprentice ratios.
Sponsor must submit application requesting reciprocal approval;
Original registration agency must verify information on application that program is in good standing;
Must provide proof of insurance coverage for UI, disability, liability and workers’ comp.;
Must identify apprentices and qualified signatories ;
Must identify method of providing related instruction;
Must re-certify every two years;
NY may withhold Reciprocal Approval for sponsors who have been debarred or have been found to have violated state or federal wage laws, OSHA, working unregistered apprentices or out of ratio.
Apprentices submitted for registration after program approval shall be recruited using the approved recruitment method. Sponsors not registering an apprentice within six (6) months of Program approval or the Program shall be deemed Deregistered.
A written public comment period is required for all new Apprenticeship program applications, applications seeking Reciprocal Approval, proposed new trades, training outlines (i.e. the combined work process and related instruction outline) for new Approaches to existing trades, and certain training outline updates. Such updates shall include, but not be limed to, changes to the duration of the Program, or the addition or elimination of job skills and/or Related and Supplemental instruction topics that are essential to the integrity of the trade.
Part 600 of the regulations is amended to remove requirement that any apprentice pay any application, processing, or other similar fee.
Submit comments by October 15, 2010 to:
Phase Three Comments
NYSDOL Apprenticeship Training Office
Building 12, Room 459
W. Averell Harriman State Office Campus
Albany, NY 12240