For the purpose of Division IV, the following definitions
apply:
"Apprentice" means a worker at least 16
years of age, except where a higher minimum age standard is otherwise fixed by
law, who is employed to learn a skilled trade or occupation under the standards
of apprenticeship.
"Apprenticeable occupation" means a skilled
trade that possesses all of the following characteristics:
1. It is customarily learned in a practical
way through a structured, systematic program of on-the-job, supervised
training.
2. It is clearly
identified and commonly recognized throughout an industry.
3. It involves manual, mechanical or
technical skills and knowledge that require a minimum of 2,000 hours of
on-the-job work experience.
4. It
requires related instruction to supplement on-the-job training.
"Apprenticeship agreement" means a written
agreement between an apprentice and the apprentice's employer, or an
apprenticeship committee acting as the agent for the employer(s). The agreement
contains the terms and conditions of the employment and training of the
apprentice.
"Apprenticeship committee" means those
persons designated by the sponsor to act for it in the administration of the
program. A committee may be "joint," i.e., composed of an equal number of
representatives of the employer(s) and of the employees represented by a bona
fide collective bargaining agent(s), and is established to conduct, operate, or
administer an apprenticeship program and enter into apprenticeship agreements
with apprentices. A committee may be "unilateral" or "nonjoint" and shall mean
a program sponsor in which a bona fide collective bargaining agent is not a
participant.
"Apprenticeship program" means a plan
containing all terms and conditions for the qualification, recruitment,
selection, employment and training of apprentices, including such matters as
required under 29 CFR Parts 29 and 30, as effective on February 7, 2024,
including the requirement for a written apprenticeship agreement.
"Cancellation" means the termination of the
registration or approval status of a program at the request of the sponsor or
termination of an apprenticeship agreement at the request of the
apprentice.
"Certification" or
"certificate" means documentary evidence that at least one of
the following has been met:
1. The
Office of Apprenticeship has approved a set of National Guidelines for
Apprenticeship Standards developed by a national committee or organization,
joint or unilateral, or policy or guideline used by local affiliates, as
conforming to the standards of apprenticeship set forth in
29 CFR Section
29.5, as effective on February 7,
2024;
2. A registration agency has
established that an individual is eligible for probationary employment as an
apprentice under a registered apprenticeship program;
3. A registration agency has registered an
apprenticeship program as evidenced by a certificate of registration or other
written indicia;
4. A registration
agency has determined that an apprenticeship has successfully met the
requirements to receive an interim credential; or
5. A registration agency has determined that
an individual has successfully completed an apprenticeship.
"Competency" means the attainment of manual
or technical skill and knowledge as specified by an occupational
standard.
"Employer" means any person or organization
employing an apprentice whether or not such person or organization is a party
to an apprenticeship agreement with the apprentice.
"Office of Apprenticeship" mean the office
designated by the Employment and Training Administration to administer the
National Apprenticeship System or its successor organization.
"Registration agency" shall mean the Office
of Apprenticeship.
"Registration of an apprenticeship
agreement" means the acceptance and recording of an apprenticeship
agreement by the Office of Apprenticeship as evidence of the apprentice's
participation in a particular registered apprenticeship program.
"Related instruction" or "related
technical instruction" means an organized and systematic form of
instruction designed to provide the apprentice with the core knowledge of the
theoretical and technical subjects related to the apprentice's occupation. Such
instruction may be given in a classroom through occupational or industrial
courses, by correspondence courses of equivalent value, by electronic media, or
by other forms of self-study approved by the registration agency.
"Sponsor" means any person, association,
committee or organization operating an apprenticeship program and in whose name
the program is (or is to be) registered or approved.
