2019 -- S 0726 SUBSTITUTE A | |
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LC001045/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2019 | |
____________ | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- APPRENTICESHIPS | |
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Introduced By: Senators Cano, Goodwin, Ciccone, Lombardi, and Goldin | |
Date Introduced: March 21, 2019 | |
Referred To: Senate Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 5-6-24, 5-6-24.1 and 5-6-34 of the General Laws in Chapter 5-6 |
2 | entitled "Electricians" are hereby amended to read as follows: |
3 | 5-6-24. Apprentices -- Registration. |
4 | (a) This chapter does not forbid the employment of one properly limited-registered |
5 | apprentice electrician working with and under the direct personal supervision of a licensed |
6 | journeyperson electrician. Additionally, this chapter does not forbid the employment of: (1) One |
7 | properly registered apprentice burnerperson working with and under the direct personal |
8 | supervision of a licensed burnerperson; (2) One properly registered apprentice fire alarm installer |
9 | working with and under the direct personal supervision of a licensed fire alarm installer; or (3) |
10 | Two (2) properly registered apprentice electrical sign installers in training, working with and |
11 | under the direct personal supervision of a licensed electrical sign installer; (4) One properly |
12 | registered apprentice maintenance electrician working with and under the direct personal |
13 | supervision of a valid Class C or Class D license holder; or (5) One properly registered apprentice |
14 | lightning-protection installer in training, working with and under the direct personal supervision |
15 | of a licensed lightning-protection installer (LPI). Apprentices are required to register with the |
16 | division of professional regulation immediately upon employment with a properly licensed |
17 | electrical contractor or lightning-protection contractor. |
18 | (b) Indentured apprentice electricians are required to work a minimum of eight thousand |
19 | (8,000) hours over a period of time of not less than four (4) years and successfully complete one |
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1 | hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship |
2 | program approved by the Rhode Island department of labor and training, to qualify for the |
3 | journeyperson "B" electrician examination; provided, however, apprentices may receive credit for |
4 | one hundred forty-four (144) hours of classroom training gained in a vocational school authorized |
5 | by the board of education and approved by the Rhode Island department of labor and training |
6 | apprenticeship council. Provided, that the test applicant has possessed, for at least four (4) years |
7 | prior to the filing of the application, a certificate of registration in full force and effect from the |
8 | department of labor and training of Rhode Island specifying the person as an indentured |
9 | apprentice, and the application of an applicant is accompanied by an affidavit or affidavits of his |
10 | or her employer or former employers or other reasonably satisfactory evidence showing that the |
11 | applicant has been actually engaged in electrical work as an apprentice in Rhode Island during |
12 | those four (4) years; or the application is accompanied by an affidavit or other reasonably |
13 | satisfactory evidence showing that the applicant has successfully completed a course of study in a |
14 | recognized college or university and has pursued a course of electrical technology for at least two |
15 | (2) academic years or is the recipient of an associate degree in electrical technology, and has |
16 | thereafter been indentured by the department of labor and training as an apprentice for at least |
17 | two (2) years and employed as an indentured apprentice by a duly licensed electrician master in |
18 | this state for a period of two (2) years; or a showing that the applicant possesses a certificate of |
19 | license issued under the laws of another state, based on training equal to that required by the state |
20 | of Rhode Island. Limited-registered apprentice electricians shall be required to work a minimum |
21 | of four thousand (4,000) hours over a period of time of not less than two (2) years. |
22 | (c) Indentured apprentice maintenance electricians are required to work a minimum of six |
23 | thousand (6,000) hours over a period of time of not less than three (3) years and successfully |
24 | complete one hundred forty-four (144) hours of related instruction per year in an indentured |
25 | apprenticeship program approved by the Rhode Island department of labor and training, to qualify |
26 | for the journeyperson "M" electrician examination. Provided, however, that the test applicant has |
27 | possessed for at least three (3) years prior to the filing of the application a certificate of |
28 | registration in full force and effect from the department of labor and training specifying the |
29 | person as an indentured apprentice, and the application of an applicant is accompanied by an |
30 | affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory |
31 | evidence showing that the applicant has been actually engaged in electrical work as an apprentice |
32 | in Rhode Island during those three (3) years. Class M journeyperson electricians may qualify to |
33 | take the journeyperson "B" electrician examination upon registering as a fourth year apprentice |
34 | and becoming employed by a properly licensed Class A electrical contractor for that period of |
| LC001045/SUB A - Page 2 of 22 |
1 | time. |
2 | (d) Apprentice lightning-protection installers are required to work a minimum of four |
3 | thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the |
4 | lightning-protection installer (LPI) examination. Provided, that the test applicant has possessed |
5 | for at least two (2) years prior to the filing of the application a certificate of registration in full |
6 | force and effect from the department of labor and training specifying the person as an apprentice |
7 | lightning-protection installer, and the application of an applicant is accompanied by an affidavit |
8 | or affidavits of his or her employer or former employers or other reasonably satisfactory evidence |
9 | showing that the applicant has been actually engaged in lightning-protection work as an |
10 | apprentice during those two (2) years. |
11 | 5-6-24.1. Apprentices certified by other states Reciprocal recognition of electrical |
12 | apprentices registered in other states. |
13 | Any apprentice electrician holding an apprentice certificate, license, or equivalent |
14 | document issued by another state shall register with and obtain the approval of the division of |
15 | professional regulation in the department of labor and training prior to being permitted to work or |
16 | serve as an electrician's apprentice in this state. Provided, no approval shall be granted unless the |
17 | applicant demonstrates to the board that the applicant is currently enrolled in one hundred forty- |
18 | four (144) hours of electrical related classroom instruction per year for not less than four (4) years |
19 | in an indentured apprenticeship program approved by the department of labor and training. An |
20 | electrical apprentice registered with a registration agency outside of Rhode Island, as defined in |
21 | 29 C.F.R. § 29.2, shall obtain reciprocal recognition from the department of labor and training |
22 | pursuant to § 28-45-16, prior to being permitted to work as an electrical apprentice in Rhode |
23 | Island. |
24 | 5-6-34. Certification of electric sign contractors and electric sign installers. |
25 | (a) After July 1, 1991, and at any time prior to January 1, 1992, the division shall, without |
26 | examination, upon payment of the fees provided in this chapter, issue a certificate "ACF or CF" |
27 | to any applicant for the certificate who presents satisfactory evidence that he or she has the |
28 | qualifications for the type of license applied for, and who has been engaged in the occupation or |
29 | business of installing, servicing, maintaining, and testing of electric signs covered by the license |
30 | within this state for a period of five (5) years in the case of a certificate "ACF" and three (3) years |
31 | in the case of a certificate "CF" prior to July 1, 1991. Any person who, being qualified to obtain a |
32 | certificate "ACF or CF" under this section, is prevented from making application for it because of |
33 | service in the armed forces of the United States during the period between July 1, 1991, and |
34 | January 1, 1992, has three (3) months after discharge to make an application. No person is liable |
| LC001045/SUB A - Page 3 of 22 |
1 | for prosecution for making electric sign installations, services, maintenance, or tests, without a |
2 | license for the first six (6) months after July 1, 1991. |
3 | (b) Any apprentice electric sign installer in training having completed a training period of |
4 | not less than two (2) years is eligible to take a journeyperson's examination; provided, after |
5 | September 1, 1995, and at any time prior to March 1, 1996, any apprentice employed and |
6 | sponsored by a sign company is eligible to take a journeyperson's examination, notwithstanding |
7 | the previously mentioned training period. |
8 | SECTION 2. Chapter 5-6 of the General Laws entitled "Electricians" is hereby amended |
9 | by adding thereto the following sections: |
10 | 5-6-24.2. Apprentices -- Exam requirements. |
11 | To be eligible for each class of electrical licensing exam, applicants must complete all the |
12 | requirements of an applicable registered apprenticeship program in Rhode Island, except the |
13 | licensing exam, or possess an electrician's license issued under the laws of another jurisdiction. |
14 | Apprentices must submit to the division of professional regulation their transcripts of related |
15 | technical instruction and the work record books from their employer(s) or other reasonably |
16 | satisfactory evidence showing that the applicant completed the instruction and on-the-job learning |
17 | as enumerated in the applicable standards of apprenticeship found in § 28-45-9. |
18 | 5-6-24.3. Credit for electrical license exams. |
19 | (a) For the purposes of granting electrical licenses, the electrical board of examiners |
20 | must grant written approval of decisions made by an apprenticeship sponsor to grant credit for |
21 | prior learning or experience toward the term of the apprenticeship pursuant to § 28-45-9(2)(xii). |
22 | (b) The term of a time-based electrician (Class B) apprenticeship program shall be eight |
23 | thousand (8,000) hours of on-the-job learning. The term of a time-based maintenance electrician |
24 | (Class M) apprentice shall be six thousand (6,000) hours of on-the-job learning. Lightning |
25 | protection installers (LPI) in training are required to work a minimum of four thousand (4,000) |
26 | hours of on-the-job learning. |
27 | (c) An apprentice who has successfully completed a course of study in a recognized |
28 | college or university and has completed a course of electrical technology for at least two (2) |
29 | academic years or is the recipient of an associate degree in electrical technology may be granted |
30 | credit for two hundred eighty-eight (288) hours of related technical academic instruction toward |
31 | completion of their apprenticeship. |
32 | (d) An apprentice who has successfully completed a course of study in a recognized trade |
33 | school that provides a minimum of two hundred eighty-eight (288) hours of related technical |
34 | academic instruction may be granted credit for two hundred eighty-eight (288) hours of related |
| LC001045/SUB A - Page 4 of 22 |
1 | technical academic instruction toward completion of their apprenticeship. |
2 | (e) Sponsors may grant credit for one hundred forty-four (144) hours toward the term of |
3 | the apprenticeship for relevant technical academic instruction completed in a high school |
4 | electrical technology program, pursuant to § 28-45-9, with the written approval of the state board |
5 | of examiners of electricians. |
6 | SECTION 3. Section 5-20-5 of the General Laws in Chapter 5-20 entitled "Plumbers, |
7 | Irrigators, and Water System Installers" is hereby amended to read as follows: |
8 | 5-20-5. "Apprentice plumber" defined. |
9 | "Apprentice plumber,", as used in this chapter, means any employee, who is registered as |
10 | an apprentice plumber in accordance with chapter 45 of title 28 and whose principal occupation is |
11 | service with a master plumber with a view to learning the art or trade of maintenance, installation, |
12 | or repair of plumbing, as defined in § 5-20-2. |
13 | SECTION 4. Section 5-70-5 of the General Laws in Chapter 5-70 entitled |
14 | "Telecommunications" is hereby amended to read as follows: |
15 | 5-70-5. Form of license and registration. |
16 | Three (3) major forms of license shall be issued with the two (2) higher licenses carrying |
17 | certification for one or more of the four (4) category(s), as defined within this chapter, for which |
18 | qualified: |
19 | (1)(i) Telecommunications system contractor. TSC license shall be issued to any person |
20 | qualified under this chapter representing themselves, individually, or a firm or corporation |
21 | engaging in or about to engage in, the business of designing, installing, altering, servicing, and/or |
22 | testing telecommunications systems. |
23 | (ii) Qualification shall be evidenced by passing the examination(s) for any or all of the |
24 | categories of telecommunications systems described in this chapter, and applicants who hold an |
25 | equivalent out-of-state license, as determined by this board, issued by another state shall be |
26 | allowed to take the Rhode Island form TSC license examination. Applicants for TSC license who |
27 | hold no equivalent form of TSC license issued in another state and show evidence of three (3) |
28 | years of verifiable and continuous contracting experience, immediately preceding the date of |
29 | application and are registered to conduct business in the state of Rhode Island, will be allowed to |
30 | take the Rhode Island form of TSC examination. Applicants who do not meet these qualifications |
31 | shall have been licensed as a Rhode Island telecommunication telecommunications systems |
32 | technician for a minimum of three (3) consecutive years, immediately preceding the date of |
33 | application, in order to qualify to take the TSC examination, and shall have been registered to |
34 | conduct business in the state of Rhode Island. |
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1 | (iii) The holding of a TSC license shall entitle the holder individually to contract for, |
2 | engage in, and/or perform the actual work of designing, installing the type(s) of |
3 | telecommunications systems for which they were granted certification. No individual shall be |
4 | required to hold more than one form of license. |
5 | (2)(i) Telecommunications systems technician. TST license shall be issued to any person |
6 | who passes the examination(s) as defined within this chapter for any or all of the categories of |
7 | telecommunications systems described in this chapter. |
8 | (ii) The holding of a TST license shall entitle the holder individually to perform the |
9 | actual work of installing, altering, servicing, and/or testing the type(s) of telecommunications |
10 | systems for which they were granted certification. All the work performed shall be under the |
11 | supervision of the holder of a TSC license. |
12 | (3)(i) Telecommunications system limited installer. TSLI license shall be issued to any |
13 | person who passes the examination as defined within this chapter and as described in this section. |
14 | (ii) The holding of a TSLI license shall entitle the holder to perform the actual work of |
15 | installation of wiring, low voltage surface raceway, enclosures, and wiring devices directly |
16 | associated with a telecommunications system. Connection to, installation of, or servicing of |
17 | telecommunications devices shall only be performed under the direct supervision of a holder of a |
18 | TST or TSC license. |
19 | (4)(i) Trainee/telecommunications Telecommunications trainees apprentice. Registered |
20 | trainees/telecommunications telecommunications trainees apprentices may be employed to |
21 | perform the actual work of installation of wiring, low voltage surface raceway, enclosures, and |
22 | wiring devices directly associated with a telecommunications system under the direct supervision |
23 | of a holder of a TST or TSC license. |
24 | (ii) Trainee/telecommunications Telecommunications trainees apprentices shall be |
25 | required to register with the licensing authority subsequent to employment by a person, firm, or |
26 | corporation licensed as a TSC under this chapter; and prior to being permitted to perform any |
27 | actual installation work. |
28 | (iii) The registered trainees/telecommunications telecommunications trainees apprentice |
29 | shall not be permitted to make connection to, install, or service telecommunications devices. No |
30 | more than two (2) registered trainees/telecommunications telecommunications apprentices |
31 | trainees can be directly supervised by a single TSC or TST license holder. |
32 | SECTION 5. The title of Chapter 28-3 of the General Laws entitled "Employment of |
33 | Women and Children" is hereby amended to read as follows: |
34 | CHAPTER 28-3 |
| LC001045/SUB A - Page 6 of 22 |
1 | Employment of Women and Children |
2 | CHAPTER 28-3 |
3 | EMPLOYMENT OF MINORS |
4 | SECTION 6. Section 28-3-18 of the General Laws in Chapter 28-3 entitled "Employment |
5 | of Women and Children" is hereby amended to read as follows: |
6 | 28-3-18. Enforcement of provisions -- Prosecution of violations. |
7 | The division of labor standards has full power to enforce §§ 28-3-1 -- 28-3-20, and has all |
8 | the powers of the division of compliance inspection insofar as those powers relate to and affect |
9 | women and children minors. All actions, suits, complaints, and prosecutions for the violation of |
10 | any of the provisions of these sections shall be brought by and in the name of the director of labor |
11 | and training or the chief of the division of labor standards in the department of labor and training; |
12 | or by and in the name of any duly authorized representative of the director of labor and training. |
13 | SECTION 7. Chapter 28-4 of the General Laws entitled "Indenture of Apprentices" is |
14 | hereby repealed in its entirety. |
15 | CHAPTER 28-4 |
16 | Indenture of Apprentices |
17 | 28-4-1. Power of minor to execute indenture. |
18 | Any minor being sixteen (16) years of age or over, or who, being under sixteen (16) years |
19 | of age, has a limited permit to work given him or her by or under the direction of the school |
20 | committee where the minor resides under the provisions of chapter 3 of this title, may, by |
21 | execution of an indenture, bind himself or herself as provided in this chapter, for a term of service |
22 | of not less than one year. |
23 | 28-4-2. Parties to sign indenture. |
24 | Every indenture shall be signed: |
25 | (1) By the minor; |
26 | (2) By the parents, or either one of them, as the natural guardians or guardian of the |
27 | minor; or by the duly appointed legal guardian of the person, or of the person and estate of the |
28 | minor, if any; or by the person having the legal custody of the minor; |
29 | (3) By the employer. |
30 | 28-4-3. Contents of indenture. |
31 | Every indenture shall contain: |
32 | (1) The names of the parties; |
33 | (2) The date of birth of the minor; |
34 | (3) A statement of the trade, craft, or business which the minor is to be taught; |
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1 | (4) An agreement that a certificate shall be given to the apprentice at the conclusion of his |
2 | or her indenture, stating that he or she has completed the apprenticeship under the indenture. |
3 | 28-4-4. Deeds in triplicate. |
4 | In every case there shall be three (3) deeds in the same form and tenor, executed by all |
5 | parties, one to be kept by each party. |
6 | 28-4-5. Effect of indenture as against parties. |
7 | All indentures made in accordance with the provisions of §§ 28-4-1 -- 28-4-4 shall be |
8 | good and effectual in law against all parties and the minor engaged by them, according to their |
9 | tenor, except as to any of their provisions that the court, in which any suit or controversy relating |
10 | to the articles of indenture may be heard, shall determine to be unjust or unreasonable. |
11 | 28-4-6. Petition or complaint for breach of indenture -- Summons. |
12 | Whenever a petition or complaint in writing and under oath is made to any judge of the |
13 | district court that any master or apprentice, within a division where the court is situated, has |
14 | willfully neglected or refused to comply with or perform the terms and provisions of any |
15 | indenture, the judge, if satisfied that there is a reasonable cause for the petition or complaint, shall |
16 | issue a summons requiring the master or apprentice to appear before the court at a time and place |
17 | named in the summons to answer relative to the petition or complaint. The petitioner or |
18 | complainant shall cause the summons to be served by some officer qualified to serve civil process |
19 | upon the person complained of at least six (6) days before the time set for appearance and hearing |
20 | by reading the summons to the person to be served, or by leaving an attested copy of it with the |
21 | person to be served in his or her hands and possession, or at his or her last and usual place of |
22 | abode with some person living there, or if the person to be served is a corporation, then, by |
23 | leaving an attested copy of the summons with some officer of the corporation or at the office of |
24 | the corporation with some person employed there. |
25 | 28-4-7. Determination of petition or complaint -- Enforcement of order. |
26 | Upon the hearing of a petition or complaint, the court may determine the controversy or |
27 | matter complained of in a summary way, and discharge either party from the indenture and |
28 | contract of apprenticeship, and may make any further order in the premises that the case may |
29 | require and seems proper to the court. Any neglect or failure of any person, against whom any |
30 | order is made, to do, perform, or comply with the order shall be contempt of court, and the court |
31 | may enforce its order by proceedings for contempt. |
32 | SECTION 8. Sections 28-27-4.1, 28-27-4.2, 28-27-4.3, 28-27-5.1, 28-27-5.2, 28-27-11 |
33 | and 28-27-18 of the General Laws in Chapter 28-27 entitled "Mechanical Trades" are hereby |
34 | amended to read as follows: |
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1 | 28-27-4.1. "Journeyperson refrigeration technician" defined. |
2 | "Journeyperson refrigeration technician" means any person who has completed a five (5) |
3 | year apprentice program ten thousand (10,000) hour registered apprenticeship program and/or has |
4 | passed a refrigeration technician examination and who by him himself or herself does work in |
5 | refrigeration/air conditioning subject to provisions of this chapter and the rules, regulations, and |
6 | licensing criteria promulgated hereunder. |
7 | 28-27-4.2. "Journeyperson pipefitter," "journeyperson sprinkler fitter," and |
8 | "journeyperson sheet metal worker" defined. |
9 | (a) "Journeyperson pipefitter" means any person who has completed a five (5) year |
10 | apprentice program ten thousand (10,000) hour registered apprenticeship program and/or has |
11 | passed a journeyperson examination and who by himself or herself does work on pipefitting |
12 | systems subject to provisions of this chapter. The rules, regulations, and licensing criteria guide |
13 | promulgated under this chapter referencing Class II limited journeyperson licenses shall require |
14 | completion of an accepted formal technical program approved apprenticeship program registered |
15 | with by the department of labor and training. |
16 | (b) "Journeyperson sheet metal worker" means any person who has completed a four (4) |
17 | year apprentice program an eight thousand (8,000) hour registered apprenticeship program and/or |
18 | has passed a journeyperson sheet metal worker examination and who by himself or herself does |
19 | sheet metal work subject to provisions of this chapter and the rules, regulations, and licensing |
20 | criteria promulgated under this chapter. |
21 | (c) "Journeyperson sprinkler fitter" means any person who has completed a four (4) year |
22 | apprentice program an eight thousand (8,000) hour registered apprenticeship program and/or has |
23 | passed a journeyperson sprinkler fitter examination and who by himself or herself does work in |
24 | fire protection sprinkler systems subject to provisions of this chapter and the rules, regulations, |
25 | and licensing criteria promulgated under this chapter. |
26 | 28-27-4.3. "Pipefitter apprentice," "refrigeration/air conditioning apprentice," |
27 | "journeyperson sprinkler fitter apprentice," and "journeyperson sheet metal worker |
28 | apprentice" defined -- Duration of apprentice programs. |
29 | (a) "Journeyperson sheet Sheet metal worker apprentice" means any person at least |
30 | eighteen (18) years of age who is learning or working at the businesses business of sheet metal |
31 | work under the direct supervision of a sheet metal contractor or journeyperson sheet metal worker |
32 | under a and is registered state sanctioned as a sheet metal worker apprentice, program in |
33 | accordance with chapter 45 of title 28. |
34 | (b) "Journeyperson sprinkler Sprinkler fitter apprentice" means any person at least |
| LC001045/SUB A - Page 9 of 22 |
1 | eighteen (18) years of age who is learning or working at the business of fire protection sprinkler |
2 | systems under the direct supervision of a master or journeyperson sprinkler fitter under a and is |
3 | registered state sanctioned as a sprinkler fitter apprentice, in accordance with chapter 45 of title |
4 | 28 program. |
5 | (c) "Pipefitter apprentice" means any person at least eighteen (18) years of age who is |
6 | learning or working at the business of pipefitting under the direct supervision of a master |
7 | pipefitter or journeyperson pipefitter under a and is registered as a pipefitter state sanctioned |
8 | apprentice, in accordance with chapter 45 of title 28 program. |
9 | (d) Pipefitter, refrigeration, sprinkler fitter and sheet metal worker apprentice programs |
10 | are of a five (5) year duration, except as detailed in § 28-27-4.2, for all Class II limited licenses. |
11 | (e)(d) "Refrigeration/air conditioning apprentice" means any person at least eighteen (18) |
12 | years of age who is learning and working at the business of refrigeration/air conditioning as a |
13 | refrigeration/air conditioning registered apprentice under the direct supervision of a |
14 | refrigeration/air conditioning master or journeyperson under a registered state sanctioned |
15 | apprentice, in accordance with chapter 45 of title 28 program. |
16 | (e) For licensing purposes with regard to individuals who have completed pipefitter, |
17 | refrigeration, sprinkler fitter, and sheet metal worker apprenticeship programs, decisions by an |
18 | apprenticeship sponsor to grant credit for prior learning or experience toward the term of the |
19 | apprenticeship pursuant to chapter 45 of title 28 shall also require the written approval of the |
20 | mechanical board within the department of labor and training. Students in a recognized college, |
21 | university, or trade school who have pursued a course of pipefitting or refrigeration/air |
22 | conditioning, sheet metal, or fire protection sprinkler systems for at least two (2) academic years |
23 | or are recipients of an associate degree in pipefitting, refrigeration/air conditioning, or fire |
24 | protection sprinkler systems will receive credit for two hundred eighty-eight (288) hours of |
25 | related technical academic instruction. |
26 | 28-27-5.1. Practices for which a journeyperson or apprentice license required |
27 | Practices for which a journeyperson license or apprentice registration is required. |
28 | (a) No person shall engage to work as a pipefitter, refrigeration/air conditioning, or |
29 | sprinkler fitter journeyperson or apprentice, or journeyperson sheet metal worker or apprentice, or |
30 | shall advertise or represent in any form or matter that he or she is a journeyperson or apprentice, |
31 | unless that person possesses and carries on his or her person at all times while so engaged a valid |
32 | license or registration issued by the department of labor and training qualifying that person as a |
33 | journeyperson or apprentice. |
34 | (b) A person holding a valid license under this chapter shall not be required to obtain an |
| LC001045/SUB A - Page 10 of 22 |
1 | additional license under this chapter to perform sheet metal work when AC air handling |
2 | equipment is ten (10) tons or less or when heating equipment does not exceed 250,000 BTUs. |
3 | (c) A holder of a journeyperson license shall only be entitled to work as an employee of |
4 | the properly licensed master permit holder in accordance with this chapter. |
5 | 28-27-5.2. Issuance of P.J.F. journeyperson oil burnerperson's license. |
6 | (a) Any person who has previously qualified for the electrician's F certificate and the |
7 | P.J.F. II limited to oil individually, and presently holds both licenses, may convert to the single |
8 | P.J.F. limited journeyperson II oil burnerperson's license by application to the division on an |
9 | approved application and with payment of the applicable fee as detailed in this section. This |
10 | licensee cannot be self-employed and is limited to domestic oil burner service work, burner, tank, |
11 | and oil line installation. Persons seeking an initial P.J.F. limited journeyperson II oil burner |
12 | license must show proof of completion of a trade sponsored registered apprenticeship program or |
13 | a trade related program offered by a recognized college, university, or trade school. All programs |
14 | must have prior approval of the department of labor and training before licenses are issued. |
15 | (b) The person seeking P.J.F. licensing must be employed by a master pipefitting |
16 | contractor class II as detailed under § 28-27-4. |
17 | (c) The above provisions are similar for most limited licenses under chapter 27 of this |
18 | title. |
19 | (d) Fees shall be as follows: |
20 | (1) Apprenticeship fee is thirty dollars ($30.00) with birth-month licensing; |
21 | (2)(1) License fee is seventy-two dollars ($72.00) with birth-month licensing; |
22 | (3)(2) Renewal fee is seventy-two dollars ($72.00) with birth-month licensing; |
23 | (e) The fees collected shall be deposited as general revenues. |
24 | 28-27-11. Journeyperson license -- Test fees -- License fees and qualifications -- |
25 | Filing deadline for journeyperson. |
26 | (a) No application for a journeyperson's test shall be filed by the department nor shall any |
27 | applicant be permitted to take the examination for a license as a journeyperson unless: |
28 | (1) The test application is accompanied by a test fee as outlined in § 28-27-17. |
29 | (2) Upon passing of a journeyperson test, payment of a license fee as outlined in § 28-27- |
30 | 17 is required and the journeyperson license will be issued as provided in § 28-27-15. |
31 | (3) The applicant is a registered apprentice in accordance with chapter 45 of title 28 |
32 | having completed all the requirements for completion of the apprenticeship except the licensing |
33 | exam. has possessed for at least five (5) years prior to the filing of the application a certificate of |
34 | registration in full force and effect from the department of labor and training specifying the |
| LC001045/SUB A - Page 11 of 22 |
1 | person as a registered apprentice, and the application of an applicant: |
2 | (4) The applicant provides documentation of related technical instruction and work |
3 | records from his or her employer or former employers or other reasonably satisfactory evidence |
4 | showing that the applicant has completed the related instruction and on-the-job learning as |
5 | enumerated in the standards of apprenticeship. been actually engaged in pipefitting or |
6 | refrigeration/air conditioning, sheet metal or fire protection sprinkler systems work as an |
7 | apprentice in the state of Rhode Island during those five (5) years; |
8 | (i) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior |
9 | learning or experience toward the term of the apprenticeship pursuant to chapter 45 of title 28 |
10 | shall also require the written approval of the appropriate licensing authority. Is accompanied by |
11 | an affidavit or affidavits of |
12 | (ii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that |
13 | the applicant has been registered as a student in a recognized college, university, or trade school |
14 | and has pursued a course of pipefitting or refrigeration/air conditioning, sheet metal or fire |
15 | protection sprinkler systems for at least two (2) academic years or is the recipient of an associate |
16 | degree in pipefitting or refrigeration/air conditioning or fire protection sprinkler systems, and has |
17 | thereafter been registered by the department of labor and training as an apprentice for at least |
18 | three (3) years and employed as a registered apprentice by a duly licensed pipefitter or |
19 | refrigeration/air conditioning or fire protection sprinkler systems master or sheet metal |
20 | contractors in this state for a period of three (3) years; or |
21 | (iii)(5) The application is Is accompanied by an affidavit or other reasonably satisfactory |
22 | evidence showing that the applicant possesses a certificate of license issued under the laws of |
23 | another state specifying that person as a journeyperson. |
24 | (4) The licensing authority may grant an exemption to the requirements of subdivision |
25 | (a)(3) on the basis of past experience. |
26 | (b) The test application is to be filed with the department at least fifteen (15) days prior to |
27 | the examination date. |
28 | 28-27-18. Registration of apprentices. |
29 | (a) Any person who has agreed to work under the supervision of a licensed pipefitter, |
30 | refrigeration/air conditioning, sprinkler fitter or sheet metal master under a state sanctioned |
31 | apprenticeship program Apprentices shall be registered by the director of labor and training, in |
32 | accordance with chapter 45 of title 28, and be issued a certificate of apprenticeship. |
33 | (b) The minimum formal training period for a P.J.F. limited class II license shall be one |
34 | hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the |
| LC001045/SUB A - Page 12 of 22 |
1 | department of labor and training as part of standards of apprenticeship. The fee schedules for the |
2 | P.J.F. limited license are detailed in § 28-27-5.2. All other sections of this chapter shall remain in |
3 | full force and effect. |
4 | SECTION 9. Sections 28-45-1, 28-45-3, 28-45-9, 28-45-10, 28-45-11, 28-45-13, 28-45- |
5 | 14 and 28-45-16 of the General Laws in Chapter 28-45 entitled "Apprenticeship Programs in |
6 | Trade and Industry" are hereby amended to read as follows: |
7 | 28-45-1. Purposes. |
8 | The purposes of this chapter are: |
9 | (1) To encourage employers, associations of employers, and organizations of employees |
10 | to voluntarily establish apprenticeship programs and the making of apprenticeship agreements; |
11 | (2) To create opportunities for young people to obtain employment and adequate training |
12 | in trades and industry with parallel instructions in related and supplementary education under |
13 | conditions that will equip them for profitable employment and citizenship; |
14 | (3) To cooperate with the promotion and development of apprenticeship programs and |
15 | systems in other states and with the federal committee on apprenticeship appointed under 29 |
16 | U.S.C. § 50 et seq.; |
17 | (4) To provide for the registration and approval of apprenticeship programs and |
18 | apprenticeship agreements and for the issuance of state certificates of completion of |
19 | apprenticeship. |
20 | 28-45-3. Powers and duties. |
21 | (a) The department of labor and training is the agency with responsibility and |
22 | accountability for apprenticeship within Rhode Island for federal purposes. The state |
23 | apprenticeship council shall be a regulatory council and part of the department of labor and |
24 | training. The council shall promulgate regulations consistent with 29 C.F.R. 29 and 30 at the |
25 | direction of the director of the department of labor and training and shall provide advice and |
26 | guidance to the director of the department of labor and training on the operation of the Rhode |
27 | Island apprenticeship program system. Enforcement of apprenticeship rules and regulations shall |
28 | be the duty of the director of the department of labor and training. In addition, the council shall: |
29 | (1) Adopt rules and regulations to insure ensure equality of opportunity in apprenticeship |
30 | programs pursuant to the Rhode Island state plan for equal opportunity in apprenticeship; |
31 | (2) Establish trade, craft, manufacturing, or industrial standards for apprenticeship or |
32 | training agreements in cooperation with a joint employer and employee groups in conformity |
33 | with 29 C.F.R. § 29.5; |
34 | (3) Establish program performance standards in conformity with 29 C.F.R. § 29.6; |
| LC001045/SUB A - Page 13 of 22 |
1 | (4) Hold at least four (4) regular public meetings each year; any additional meetings |
2 | considered necessary shall be held at the call of the chairperson, or at the written request of a |
3 | majority of the members of the council; |
4 | (5) Formulate and publish rules of procedure for the function of local, regional, and state |
5 | joint apprenticeship committees and for the filling of vacancies on those committees; |
6 | (6) Adopt rules and regulations concerning the following: |
7 | (i) The contents of apprenticeship agreements in conformity with 29 C.F.R. § 29.7; |
8 | (ii) Criteria for apprenticeable occupations as provided by 29 C.F.R. § 29.4; |
9 | (iii) Reciprocal approval recognition for federal purposes to apprentices, apprenticeship |
10 | programs, and apprenticeship standards that are registered in other states by the U.S. department |
11 | of labor or another state apprenticeship program recognized by the U.S. department of labor if |
12 | such reciprocity is requested by the apprenticeship program sponsor; |
13 | (iv) The cancellation and/or deregistration of programs, and for temporary suspension, |
14 | cancellation, and/or deregistration of apprenticeship agreements as provided in 29 C.F.R. §§ 29.8 |
15 | and 29.9; |
16 | (v) The standards of apprenticeship, program performance standards, apprenticeship |
17 | agreements, deregistration of registered apprenticeship programs, reinstatement of apprenticeship |
18 | programs, and reciprocal approval recognition of apprentices from other states. |
19 | (b) The department of labor and training in accord accordance with its regulations and |
20 | this chapter shall: |
21 | (1) Encourage the promotion, expansion, and improvement of programs of apprenticeship |
22 | training and pre-apprenticeship and the making of apprenticeship agreements; |
23 | (2) Bring about the settlement of differences arising out of an apprenticeship agreement |
24 | when those differences cannot be adjusted locally or in accordance with established trade |
25 | procedure; |
26 | (3) Supervise the execution of agreements and maintenance of standards; |
27 | (4) Register or terminate or cancel the registration of apprenticeship programs and |
28 | apprenticeship agreements; |
29 | (5) Issue certificates of completion of apprenticeship; |
30 | (6) Keep a record of apprenticeship programs and apprentice agreements and their |
31 | disposition; |
32 | (7) Render any assistance and submit any information and data that may be requested by |
33 | employers, employees, and joint apprenticeship committees engaged in the formulation and |
34 | operation of programs of apprenticeship, particularly in regard to work schedules, wages, |
| LC001045/SUB A - Page 14 of 22 |
1 | conditions of employment, apprenticeship records, and number of apprentices; |
2 | (8) Adopt rules and regulations to insure ensure nondiscrimination in all phases of |
3 | apprenticeship and employment during apprenticeship; |
4 | (9) Register trade, craft, manufacturing, or industrial standards for apprenticeship or |
5 | training agreements in cooperation with joint employer and employee groups and in conformity |
6 | with this chapter, or approve and register trade, craft, manufacturing, or industrial standards for |
7 | agreements submitted which that are in conformity with this chapter, and disapprove those |
8 | standards or agreements submitted which that are not in conformity with this chapter, to the |
9 | extent deemed appropriate; |
10 | (10) Establish committees and approve nominations to existing committees which that |
11 | are submitted in conformity with this chapter; |
12 | (11) Terminate registration of committees for failure of the committee to abide by the |
13 | provisions of this chapter; and |
14 | (12) Perform any other duties that are described and imposed by this chapter. |
15 | 28-45-9. Standards of apprenticeship programs. |
16 | An apprenticeship program, to be eligible for approval and registration with the |
17 | department of labor and training, shall conform to regulations issued by the department of labor |
18 | and training and 29 C.F.R. 29 and 29 C.F.R. 30 and shall conform to the following standards: |
19 | (1) The apprenticeship program is an organized, written plan embodying the terms and |
20 | conditions of employment, training, and supervision of one or more apprentices in the |
21 | apprenticeable occupation, as defined in this chapter and subscribed to by a sponsor who has |
22 | undertaken to carry out the apprentice training apprenticeship program. |
23 | (2) The program standards contain the equal opportunity pledge prescribed in 29 C.F.R § |
24 | 30.3(b) and, when applicable, an affirmative action plan in accordance with 29 C.F.R. § 30.4, a |
25 | selection method authorized in 29 C.F.R § 30.5 30.10, or similar requirements expressed in a |
26 | state plan for equal employment opportunity in apprenticeship adopted pursuant to 29 C.F.R. Part |
27 | 30 and approved by the U.S. department of labor, and provisions concerning the following: |
28 | (i) The employment and training of the apprentice in a skilled occupation; |
29 | (ii) A term of apprenticeship not less than two thousand (2,000) hours of work |
30 | experience, consistent with training requirements as established by industry practice, which for an |
31 | individual apprentice may be measured either through the completion of the industry standard for |
32 | on-the-job learning (at least two thousand (2,000) hours) (time-based approach), the attainment of |
33 | competency (competency-based approach), or a blend of the time-based and competency-based |
34 | approaches (hybrid approach): |
| LC001045/SUB A - Page 15 of 22 |
1 | (A) The time-based approach measures skill acquisition through the individual |
2 | apprentice's completion of at least two thousand (2,000) hours of on-the-job learning as described |
3 | in a work process schedule; |
4 | (B) The competency-based approach measures skill acquisition through the individual |
5 | apprentice's successful demonstration of acquired skills and knowledge, as verified by the |
6 | program sponsor. Programs utilizing this approach must still require apprentices to complete an |
7 | on-the-job learning component of registered apprenticeship. The program standards must address |
8 | how on-the-job learning will be integrated into the program, describe competencies, and identify |
9 | an appropriate means of testing and evaluation for such competencies; |
10 | (C) The hybrid approach measures the individual apprentice's skill acquisition through a |
11 | combination of specified minimum number of hours of on-the-job learning and the successful |
12 | demonstration of competency as described in a work process schedule; and |
13 | (D) The determination of the appropriate approach for the program standards is made by |
14 | the program sponsor, subject to approval by the registration agency of the determination as |
15 | appropriate to the apprenticeable occupation for which the program standards are registered. |
16 | (iii) An outline of the work processes in which the apprentice will receive supervised |
17 | work experience and training on the job, and the allocation of the approximate time to be spent in |
18 | each major process; |
19 | (iv) Provision for organized, related, and supplemental instruction in technical subjects |
20 | related to the trade. A minimum of one hundred forty-four (144) hours for each year of |
21 | apprenticeship is recommended. This instruction in technical subjects may be accomplished |
22 | through media, such as classroom, occupational or industry courses, electronic media, or other |
23 | instruction approved by the department of labor and training; every apprenticeship instructor |
24 | must: |
25 | (A) Meet the Rhode Island department of elementary and secondary education |
26 | requirements for a vocational-technical career and technical education instructor, or be a subject |
27 | matter expert, which is an individual, such as a journey worker, who is recognized within an |
28 | industry as having expertise in a specific occupation; and |
29 | (B) Have training in teaching techniques and adult learning styles, which may occur |
30 | before or after the apprenticeship instructor has started to provide the related technical instruction. |
31 | (v) A statement of the progressively increasing scale of wages to be paid the apprentice |
32 | consistent with the skill acquired, the entry wage to be not less than the minimum wage |
33 | prescribed by the federal and state labor standards act, where applicable, unless a higher wage is |
34 | required by other applicable federal law, state law, respective regulations, or by collective |
| LC001045/SUB A - Page 16 of 22 |
1 | bargaining agreement; |
2 | (vi) A provision for periodic review and evaluation of the apprentice's progress in job |
3 | performance and related instruction, and the maintenance of appropriate progress records; |
4 | (vii) The numeric ratio of apprentices to journeypersons consistent with proper |
5 | supervision, training, safety, and continuity of employment, and applicable provisions in |
6 | collective bargaining agreements, except where the ratios are expressly prohibited by the |
7 | collective bargaining agreement. The ratio language shall be specific and clear as to application in |
8 | terms of jobsite, work force, department, or plant; |
9 | (viii) A probationary period reasonable in relation to the full apprenticeship term, with |
10 | full credit given for the period toward completion of apprenticeship. The the probationary period |
11 | shall not exceed twenty-five percent (25%) of the length of the program or one year, whichever is |
12 | shorter; |
13 | (ix) Adequate and safe equipment and facilities for training and supervision, and safety |
14 | training for apprentices on the job and in related instruction; |
15 | (x) The minimum qualifications required by a sponsor for persons entering the |
16 | apprenticeship program, with an eligible starting age not less than sixteen (16) years; |
17 | (xi) The placement of an apprentice under a written apprenticeship agreement that |
18 | conforms to the requirements of this chapter. The agreement shall directly, or by reference, |
19 | incorporate the standards of the program as part of the agreement; |
20 | (xii) The granting of advanced standing or credit for demonstrated competency, |
21 | previously acquired experience, training, or skills for all applicants equally, with commensurate |
22 | wages for any progression step so granted; |
23 | (xiii) The transfer of an apprentice between apprenticeship programs and within an |
24 | apprenticeship program must be based on agreement between the apprentice and the affected |
25 | apprenticeship committees or program sponsors, and must comply with the following |
26 | requirements: |
27 | (A) The transferring apprentice must be provided a transcript of related instruction and |
28 | on-the-job learning by the committee or program sponsor; |
29 | (B) Transfer must be to the same occupation; and |
30 | (C) A new apprenticeship agreement must be executed when the transfer occurs between |
31 | program sponsors. |
32 | (xiv) Assurance of qualified training personnel and adequate supervision on the job; |
33 | (xv) Recognition for successful completion of apprenticeship evidenced by an |
34 | appropriate certificate issued by the department of labor and training; |
| LC001045/SUB A - Page 17 of 22 |
1 | (xvi) Program standards that utilize the competency-based or hybrid approach for |
2 | progression through an apprenticeship and that choose to issue interim credentials must clearly |
3 | identify the interim credentials, demonstrate how these credentials link to the components of the |
4 | apprenticeable occupation, and establish the process for assessing an individual apprentice's |
5 | demonstration of competency associated with the particular interim credential; further, interim |
6 | credentials must only be issued for recognized components of an apprenticeable occupation, |
7 | thereby linking interim credentials specifically to the knowledge, skills, and abilities associated |
8 | with those components of the apprenticeable occupation. |
9 | (xvii) Identification of the department of labor and training as the registration agency; |
10 | (xviii) Provision for the registration, cancellation, and deregistration of the program, and |
11 | requirement for the prompt submission of any modification or amendment to the department of |
12 | labor and training for approval; |
13 | (xix) Provision for registration of apprenticeship agreements, modifications, and |
14 | amendments; notice to the department of labor and training of persons who have successfully |
15 | completed apprenticeship programs; and notice of transfers, cancellations, suspensions, and |
16 | terminations of apprenticeship agreements and a statement of the reasons therefore; |
17 | (xx) Authority for the cancellation of an apprenticeship agreement during the |
18 | probationary period by either party without stated cause. Cancellation during the probationary |
19 | period will not have an adverse impact on the sponsor's completion rate; |
20 | (xxi) Compliance with 29 C.F.R. 30, including the equal opportunity pledge prescribed in |
21 | 29 C.F.R. § 30.3(b); an affirmative action plan complying with 29 C.F.R. § 30.4; and a method |
22 | for the selection of apprentices authorized by 29 C.F.R § 30.5 30.10, or compliance with parallel |
23 | requirements contained in a state plan for equal opportunity in apprenticeship adopted under 29 |
24 | C.F.R. part 30 and approved by the department. The apprenticeship standards must also include a |
25 | statement that the program will be conducted, operated, and administered in conformity with |
26 | applicable provisions of 29 C.F.R. part 30, as amended, or if applicable, an approved state plan |
27 | for equal opportunity in apprenticeship; |
28 | (xxii) Name and address, telephone number, and e-mail address (if applicable) of the |
29 | appropriate authority under the program to receive, process, and make disposition of complaints; |
30 | (xxiii) Recording and maintenance of all records concerning apprenticeship as may be |
31 | required by the office of apprenticeship or the department of labor and training and other |
32 | applicable law. |
33 | 28-45-10. Definitions. |
34 | For the purposes of this chapter: |
| LC001045/SUB A - Page 18 of 22 |
1 | (1) "Apprentice" means a worker at least sixteen (16) years of age, except where a higher |
2 | minimum age standard is otherwise fixed by law or by the apprenticeship program sponsor, who |
3 | is employed to learn an apprenticeable occupation as provided in 29 C.F.R. § 29.4 under |
4 | standards of apprenticeship fulfilling the requirement of 29 C.F.R. § 29.5. |
5 | (1)(2) "Apprenticeship agreement" means a written agreement complying with 29 C.F.R. |
6 | § 29.7 between an apprentice and either the apprenticeship program sponsor, or an apprenticeship |
7 | committee acting as agent for the program sponsor(s), which contains the terms and conditions of |
8 | the employment and training of the apprentice. |
9 | (2)(3) "Apprenticeable occupation" which is an occupation that possesses all of the |
10 | following characteristics: |
11 | (i) It is customarily learned in a practical way through a structured, systematic program of |
12 | on the job on-the-job supervised learning. |
13 | (ii) It is clearly identified and commonly recognized throughout an industry. |
14 | (iii) It involves the progressive attainment of manual, mechanical, or technical skills and |
15 | knowledge, which is in accordance with the industry standard for the occupation, that requires the |
16 | completion of at least a minimum of two thousand (2,000) hours of on the job on-the-job learning |
17 | to attain experience. |
18 | (iv) It requires related instruction to supplement the on the job on-the-job learning. |
19 | (4) "Apprenticeship program" means a plan containing all terms and conditions for the |
20 | qualification, recruitment, selection, employment, and training of apprentices, as required under |
21 | 29 C.F.R. Parts 29 and 30, including such matters as the requirement for a written apprenticeship |
22 | agreement. |
23 | (3)(5) "Council" means the state apprenticeship council as established by § 28-45-2. |
24 | (4)(6) "OA" means office of apprenticeship, U.S. department of labor. |
25 | (7) "Registration agency" means the office of apprenticeship or a recognized state |
26 | apprenticeship agency that has responsibility for registering apprenticeship programs and |
27 | apprentices; providing technical assistance; and conducting reviews for compliance with 29 |
28 | C.F.R. Parts 29 and 30 and quality assurance assessments. |
29 | (5)(8) "Secretary" means secretary of the U.S. department of labor. |
30 | 28-45-11. Applicability of chapter. |
31 | The provisions of this chapter shall apply only to registered apprenticeships and shall |
32 | apply to a firm, person, corporation, or organization of employees or an association of employers |
33 | only after that person, firm, corporation, or organization of employees or association of |
34 | employers has voluntarily elected to conform to its provisions. |
| LC001045/SUB A - Page 19 of 22 |
1 | 28-45-13. Standards of apprenticeship agreements. |
2 | All apprenticeship agreements submitted for approval and registration with the |
3 | department of labor and training shall contain, explicitly or by reference, standards adopted by the |
4 | council, including: |
5 | (1) Names and signatures of the contracting parties (apprentice and the program sponsor |
6 | or employer), and the signature of a parent or guardian if the apprentice is a minor. |
7 | (2) The date of birth of apprentice and on a voluntary basis the social security number of |
8 | the apprentice. |
9 | (3) Name and address of the program sponsor and the registration agency. |
10 | (4) A statement of the occupation, trade, or craft in which the apprentice is to be trained, |
11 | and the beginning date and term (duration) of apprenticeship. |
12 | (5) A statement showing: |
13 | (i) The number of hours to be spent by the apprentice in work on the job in a time-based |
14 | program or a description of the skill sets to be attained by completion of a competency-based |
15 | program, including the on-the-job learning component; or the minimum number of hours to be |
16 | spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid |
17 | program. |
18 | (ii) The number of hours to be spent in related and supplemental instruction in technical |
19 | subjects related to the occupation, which is recommended to be not less than one hundred forty- |
20 | four (144) hours per year. |
21 | (6) A statement setting forth a schedule of the work processes in the occupation or |
22 | industry divisions in which the apprentice is to be trained and the approximate time to be spent at |
23 | each process. |
24 | (7) A statement of the graduated scale of wages to be paid the apprentice and whether or |
25 | not the required related instruction shall be compensated. |
26 | (8) Statements providing: |
27 | (i) For a specific period of probation, during which time the apprenticeship agreement |
28 | may be terminated by either party to the agreement upon written notice to the department of labor |
29 | and training, without adverse impact on the sponsor; and |
30 | (ii) That, after the probationary period, the agreement may be cancelled at the request of |
31 | the apprentice, or may be suspended, or terminated by the sponsor, for good cause, with due |
32 | notice to the apprentice and a reasonable opportunity for corrective action, and with written |
33 | notice to the apprentice and to the department of labor and training of the final action taken. |
34 | (9) A reference incorporating as part of the agreement the standards of the apprenticeship |
| LC001045/SUB A - Page 20 of 22 |
1 | program as it exists on the date of the agreement and as it may be amended during the period of |
2 | the agreement. |
3 | (10) A statement that the apprentice will be accorded equal opportunity in all phases of |
4 | apprenticeship employment, and training, without discrimination because of race, color, religion, |
5 | national origin, or sex, sexual orientation, gender identity or expression, disability, age, or |
6 | country of ancestral origin, as enumerated in § 28-5-5. |
7 | (11) Name and address, phone telephone number, and e-mail address (if applicable) of |
8 | the appropriate authority, if any, designated under the program to receive, process, and make |
9 | disposition of controversies or differences arising out of the apprenticeship agreement when the |
10 | controversies or differences cannot be adjusted locally or resolved in accordance with the |
11 | established procedure or applicable collective bargaining provisions. |
12 | 28-45-14. State EEO plan. |
13 | The apprenticeship program shall operate in conformance with state law, including the |
14 | EEO standards and regulations the state plan for equal employment opportunity in registered |
15 | apprenticeship programs, adopted by the department of labor and training. |
16 | 28-45-16. Reciprocity. |
17 | (a) When a sponsor of an active apprenticeship program which that is registered and |
18 | operating in a neighboring state with a registration agency, as defined by 29 C.F.R. § 29.2 and |
19 | located outside of Rhode Island requests registration reciprocal recognition from the department |
20 | of labor and training to train apprentices for work projects in this state, the sponsor apprentice |
21 | shall be granted registration providing recognition as long as the sponsor conforms complies with |
22 | the regulations and standards of the state of Rhode Island. |
23 | (b) An apprentice registered in an approved registered apprenticeship program in a |
24 | neighboring state will be awarded certification of registration for state purposes upon request and |
25 | on the condition that the neighboring state's sponsorship program is registered with the |
26 | appropriate state apprentice agency. |
27 | (c) The department of labor and training shall have the authority to expand or limit the |
28 | number of states that are subject to the provisions of subsection (a) of this section by regulation |
29 | through the promulgation of rules and regulations. |
30 | (d) The department of labor and training shall accord reciprocal approval for federal |
31 | purposes to apprentices, apprenticeship programs and standards that are registered in other states |
32 | by the U.S. department of labor or a registration agency recognized by the U.S. department of |
33 | labor if such reciprocity is requested by the apprenticeship program sponsor; program sponsors |
34 | seeking reciprocal approval must meet Rhode Island wage and hour provisions and apprentice |
| LC001045/SUB A - Page 21 of 22 |
1 | ratio standards. |
2 | SECTION 10. Section 28-45-18 of the General Laws in Chapter 28-45 entitled |
3 | "Apprenticeship Programs in Trade and Industry" is hereby repealed. |
4 | 28-45-18. Vocational school training. |
5 | (a) The board of regents for elementary and secondary education may authorize |
6 | vocational schools to provide apprenticeship classroom training to students subject to the |
7 | approval of the Rhode Island department of labor and training. |
8 | (b) In the event the board of regents authorizes state-certified apprenticeship training |
9 | under subsection (a), and a student successfully completes the vocational school program, then |
10 | the student shall receive apprentice credit, to be applied against a state-certified apprenticeship |
11 | program requirement set forth by the state apprenticeship council pursuant to § 28-45-13, for one |
12 | hundred forty-four (144) hours of apprenticeship classroom training. |
13 | SECTION 11. This act shall take effect upon passage. |
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LC001045/SUB A | |
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| LC001045/SUB A - Page 22 of 22 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- APPRENTICESHIPS | |
*** | |
1 | This act would comprehensively amend the state's apprenticeship laws to make them |
2 | easier to understand and be more consistent with each other and applicable federal regulations. |
3 | This act would take effect upon passage. |
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LC001045/SUB A | |
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| LC001045/SUB A - Page 23 of 22 |