Wash. Admin. Code § 296-05-003 - Definitions
The following definitions apply to this chapter:
(1)
Adjudicative proceeding : A
proceeding before the WSATC in which an opportunity for a hearing before the
WSATC is authorized by chapter 49.04 RCW or these rules before or after the
entry of an order by the WSATC .
(2)
Apprentice : A worker at least 16 years of age employed to learn an
apprenticeable occupation and registered with a sponsor in an approved
apprenticeship program under chapter 49.04 RCW and these rules. Building and
construction trade occupations require an apprentice to be at least 17 years of
age to register with a sponsor in an approved apprenticeship.
(3)
Apprenticeable occupation : A
specified occupation which must:
(a) Involve
skills customarily learned in a practical way through a structured, systematic
program of on-the-job supervised learning;
(b) Be clearly identified and commonly
recognized throughout an industry;
(c) Involve the progressive attainment of
manual, mechanical, or technical skills and knowledge which, in accordance with
the industry standard for the occupation, would require the completion of at
least 2,000 hours of on-the-job learning to attain;
(d) Require a minimum of 144 hours of related
instruction per program year to supplement on-the-job work
experience;
(e) Involve sufficient
skill to establish career sustaining employment;
(f) Not be part of an occupation previously
recognized by the registering agency as apprenticeable.
(4)
Apprenticeship agreement : A
written agreement between an apprentice and either the apprentice 's program
sponsor , or an apprenticeship committee acting as agent for the program
sponsor (s), which contains the terms and conditions of the employment, training
and education of the apprentice .
(5)
Apprenticeship cohort : The
group of individual apprentices registered to a specific program during a one
year time frame, not including those whose agreements have been canceled during
the initial probationary period .
(6)
Apprenticeship committee : A
quasi-public entity approved by the WSATC to administer and perform
apprenticeship and training services.
(7)
Apprenticeship program : A
plan for administering an apprenticeship agreement containing all terms and
conditions for the qualification, recruitment, selection, employment, and
training of apprentices. Apprenticeship programs must include apprenticeship
agreements.
(8)
Apprenticeship section : The division of the department of labor
and industries administering registered apprenticeships for state and federal
purposes .
(9)
Cancellation : The termination of registration or cancellation of
approval for an apprenticeship program at the request of the supervisor or
sponsor , or the termination of registration or approval of an apprenticeship
agreement at the request of the apprentice , supervisor , or sponsor .
(10)
Career ladder :
Opportunities for apprenticeship graduates to progress to higher levels of pay
and responsibility with an employer .
(11)
Certificate of completion :
A record of the successful completion of a term of apprenticeship issued by the
department on behalf of the WSATC . To be eligible for a certificate of
completion , an apprentice must have been registered with the department and an
active participant of a committee's program for at least six months and have
successfully completed their apprenticeship.
(12)
Certification : Written
approval from the WSATC that:
(a) A set of
apprenticeship standards established by an apprenticeship program sponsor
substantially complies with standards established by the WSATC ; and
(b) An individual is eligible for
probationary employment as a registered apprentice as part of an apprenticeship
program .
(13)
C.F.R.: Code of Federal Regulations.
(14)
Competent instructor : An
instructor providing related/supplemental instruction who has demonstrated
satisfactory performance in the occupation for a minimum of three years beyond
the customary learning period for that occupation and who:
(a) Meets the requirements of the state board
for community and technical colleges for a vocational-technical instructor;
or
(b) Is recognized within an
industry as having expertise in a specific occupation and is a subject matter
expert; and
(c) Has training in
teaching techniques and adult learning styles. The training may be acquired
before, or within one year after, the competent instructor begins to provide
related/supplemental instruction.
(15)
Competitor : An
apprenticeship program providing training in the same or similar occupation as
one already existing in a certain geographic area. To determine whether a
program provides training in the same or similar occupation, the WSATC may
consider:
(a) Approved apprenticeship
standards ;
(b) Collective
bargaining agreements;
(c)
Dictionaries of occupational titles;
(d) Experts from organized labor, licensed
contractors, and contractors' associations;
(e) Recognized labor and management industry
practice;
(f) Scope of work
descriptions issued by the department .
(16)
Completion rate : The
percentage of an apprenticeship cohort receiving a certificate of completion
within one year of the projected completion date.
(17)
Department : Department of
labor and industries.
(18)
Employer : Any person or organization with a valid Washington state
unified business identifier (UBI) number employing an apprentice .
(19)
Federal purposes : Any
federal contract, grant, agreement, or arrangement dealing with apprenticeship.
Includes any federal financial or other assistance, benefit, contribution,
privilege, allowance, exemption, preference, or right pertaining to
apprenticeship. See e.g., 29 C.F.R. Part 29.2.
(20)
File : To send to:
Post Office Box 44530
Olympia, Washington 98504-4530
Or deliver to and receipt at:
7273 Linderson Way S.E.
Tumwater, Washington 98501
(21)
First full training cycle :
A full training cycle begins with the registration of the first apprentice and
continues for one calendar year regardless of completion, cancellation and/or
suspension of the apprentice .
(22)
Individual agreement : A written agreement between an apprentice
and/or trainee and either the apprentice 's employer or an apprenticeship
committee acting as agent for the employer .
(23)
Industry-wide standards :
The current, acceptable practices, including technological advancements, being
used in the different occupations.
(24)
Journey level : An
individual having sufficient skills and knowledge of an occupation to be
recognized by a state or federal registration agency and/or an industry as
being fully qualified to perform the occupation. An individual can be fully
qualified either through formal apprenticeship training or practical on-the-job
work experience equal to or greater than the term of apprenticeship.
(25)
Living wage : The minimum
income needed to meet necessities such as food, housing, transportation, health
care, and child services in a given area.
(26)
On-the-job training
program : A program that is set up in the same manner as an
apprenticeship program with any exceptions authorized by the WSATC and as
further described in WAC
296-05-013.
(27)
Other nonwage benefits :
Benefits such as health care, dental insurance, vision care, life insurance,
paid vacation leave, sick leave, fitness, child care, a retirement plan, and
other benefits an employer provides for the employee.
(28)
Probationary period : A
period of time during which the apprentice has not yet reached full status or
is subject to corrective action.
(a) Initial
probationary period : A period of time in relation to the full apprenticeship
term, with full credit given for such period toward completion of
apprenticeship, which cannot exceed 20 percent of the apprenticeship term, or
one year from the date of registration , whichever is shorter. Apprentices
within the initial probationary period may not file apprenticeship complaints
with the program sponsor . Apprentices transferring from another program are not
subject to additional initial probationary periods.
(b) Disciplinary probationary period : A
period of time after the initial probationary period during which the
apprentice 's progress is not satisfactory. The program sponsor may withhold
periodic wage advancements, suspend or cancel the apprenticeship agreement , or
take further disciplinary action. Apprentices subject to a disciplinary
probationary period may file complaints with the program sponsor .
(29)
Program
sustainability :
(a) An assessment of
future sustainability of a program will contain the following elements:
(i) A description of program funding:
(A) A description of program funding source
and mechanisms, such as grants, trust, apprentice fees, employer fees, public
funds, or other;
(B) If a program
is relying on public funds to start up, a description of how the program will
be funded after public start up funds expire.
(ii) A description of how program funding
will be used to maintain the operational and administrative capacity of the
program over time including, but not limited to, how the program will meet
administrative, staffing, books and materials, rent, equipment, and insurance
needs.
(iii) A description of how
resources will be used to maintain capacity to deliver related/supplemental
instruction over time.
(iv) For
group programs as defined in WAC
296-05-009(1)(a),
a description of the structure and mechanisms the program will have in place to
ensure it remains adequately funded, in compliance with its financial and legal
requirements, and in a manner that promotes the best interests of the
apprentice . A program must detail how its contracts, memoranda of
understandings, collective bargaining agreements, or other legally binding
agreements will be used to ensure program sustainability .
(b) Platforms may develop and request
additional sustainability criteria specific to their sector and industries, and
can recommend these criteria to the WSATC for consideration in approving
programs.
(30)
Provisional registration : Initial one-year approval of a
registered program meeting the required standards for registration . After one
year, the provisional registration may be made permanent or continued as
provisional through the first full training cycle , or rescinded following a
compliance review.
(31)
RCW : Revised Code of Washington.
(32)
Registration : Both
apprenticeship agreements and apprenticeship program standards are registered.
(a) Apprenticeship agreement registration :
The acceptance and recording of an agreement by the apprenticeship section of
the department of labor and industries as evidence of the apprentice 's
participation in a particular registered apprenticeship program .
(b) Apprenticeship program registration : The
approval and recording of the program standards by the WSATC and the
apprenticeship section as meeting the basic standards and requirements for such
approval.
(33)
Registration agency : The apprenticeship section of the department
of labor and industries responsible for registering apprenticeship programs and
apprentices, providing technical assistance, and conducting reviews for
compliance with chapter 49.04 RCW and these rules.
(34)
Related/supplemental instruction
(RSI) : An organized and systematic form of instruction designed to
provide the apprentice with knowledge of the theoretical and technical subjects
related to the apprentice 's occupation. It may be provided in any form approved
in advance by the WSATC . Apprentices must receive not less than 144 hours of
RSI per program year.
(35)
Secretary : The individual appointed by the director of the
department according to
RCW
49.04.030.
(36)
Sponsor : Any person, firm,
association, committee, or organization operating as an apprenticeship and
training program and in whose name the program is registered.
(37)
Standards : A written
agreement containing specific provisions for operation and administration of
the apprenticeship program and all terms and conditions for the qualifications,
recruitment, selection, employment, and training of apprentices, as further
defined in WAC
296-05-015.
(38)
Supervision : The necessary
education, assistance, and control provided by a journey-level employee to an
apprentice . Apprentices must be supervised by a journey-level worker on the
same job site at least 75 percent of each working day, unless otherwise
approved by the WSATC .
(39)
Supervisor : The individual appointed by the director of the
department who acts as the secretary of the WSATC . When these rules create a
duty of the supervisor or secretary of the WSATC , the supervisor may designate
department of labor and industries' employees to assist in the performance of
those duties subject to the supervisor 's oversight and direction.
(40)
Trainee : An individual
enrolled in an on-the-job training program , but who is not registered with a
sponsor in an approved apprenticeship program under chapter 49.04 RCW and these
rules.
(41)
Training
agent : Employer of registered apprentices approved by the program
sponsor to furnish on-the-job training. The training agent shall use only
registered apprentices to perform work processes in accordance with approved
program standards .
(42)
Training agreement : A written agreement between a training agent
and a program sponsor containing the provisions of the apprenticeship program
applicable to the training agent and the duties of the training agent in
providing on-the-job training.
(43)
Transfer : A shift of apprenticeship registration from one sponsor
to another with a written agreement between the apprentice and the affected
apprenticeship committees or program sponsors.
(44)
WAC: Washington
Administrative Code.
(45)
WSATC : Washington state apprenticeship and training
council.
Notes
Statutory Authority: Chapter 49.04
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