2020 -- S 2581 | |
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LC004803 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- APPRENTICESHIPS | |
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Introduced By: Senators Cano, Goodwin, Ciccone, Lombardi, and Goldin | |
Date Introduced: February 25, 2020 | |
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 supervision |
8 | of a licensed burnerperson; (2) One properly registered apprentice fire alarm installer working with |
9 | and under the direct personal supervision of a licensed fire alarm installer; (3) Two (2) properly |
10 | registered apprentice electrical sign installers in training, working with and under the direct |
11 | personal supervision of a licensed electrical sign installer; (4) One properly registered apprentice |
12 | maintenance electrician working with and under the direct personal supervision of a valid Class C |
13 | or Class D license holder; or (5) One properly registered apprentice lightning-protection installer |
14 | in training, working with and under the direct personal supervision of a licensed lightning- |
15 | protection installer (LPI). Apprentices are required to register with the division of professional |
16 | regulation within the department of labor and training immediately upon employment with a |
17 | properly licensed 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 apprentice, |
9 | and the application of an applicant is accompanied by an affidavit or affidavits of his or her |
10 | employer or former employers or other reasonably satisfactory evidence showing that the applicant |
11 | has been actually engaged in electrical work as an apprentice in Rhode Island during those four (4) |
12 | years; or the application is accompanied by an affidavit or other reasonably satisfactory evidence |
13 | showing that the applicant has successfully completed a course of study in a recognized college or |
14 | university and has pursued a course of electrical technology for at least two (2) academic years or |
15 | is the recipient of an associate degree in electrical technology, and has thereafter been indentured |
16 | by the department of labor and training as an apprentice for at least two (2) years and employed as |
17 | an indentured apprentice by a duly licensed electrician master in this state for a period of two (2) |
18 | years; or a showing that the applicant possesses a certificate of license issued under the laws of |
19 | another state, based on training equal to that required by the state of Rhode Island. Limited- |
20 | registered apprentice electricians shall be required to work a minimum of four thousand (4,000) |
21 | 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 registration |
28 | in full force and effect from the department of labor and training specifying the person as an |
29 | indentured apprentice, and the application of an applicant is accompanied by an affidavit or |
30 | affidavits of his or her employer or former employers or other reasonably satisfactory evidence |
31 | showing that the applicant has been actually engaged in electrical work as an apprentice in Rhode |
32 | Island during those three (3) years. Class M journeyperson electricians may qualify to take the |
33 | journeyperson "B" electrician examination upon registering as a fourth-year apprentice and |
34 | becoming employed by a properly licensed Class A electrical contractor for that period of time. |
| LC004803 - Page 2 of 26 |
1 | (d) Apprentice lightning-protection installers are required to work a minimum of four |
2 | thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the |
3 | lightning-protection installer (LPI) examination. Provided, that the test applicant has possessed for |
4 | at least two (2) years prior to the filing of the application a certificate of registration in full force |
5 | and effect from the department of labor and training specifying the person as an apprentice |
6 | lightning-protection installer, and the application of an applicant is accompanied by an affidavit or |
7 | affidavits of his or her employer or former employers or other reasonably satisfactory evidence |
8 | showing that the applicant has been actually engaged in lightning-protection work as an apprentice |
9 | during those two (2) years. |
10 | 5-6-24.1. Apprentices certified by other states Reciprocal recognition of electrical |
11 | apprentices registered in other states. |
12 | Any apprentice electrician holding an apprentice certificate, license, or equivalent |
13 | document issued by another state shall register with and obtain the approval of the division of |
14 | professional regulation in the department of labor and training prior to being permitted to work or |
15 | serve as an electrician's apprentice in this state. Provided, no approval shall be granted unless the |
16 | applicant demonstrates to the board that the applicant is currently enrolled in one hundred forty- |
17 | four (144) hours of electrical-related classroom instruction per year for not less than four (4) years |
18 | in an indentured apprenticeship program approved by the department of labor and training. An |
19 | electrical apprentice registered with a registration agency outside of Rhode Island, as defined in 29 |
20 | C.F.R. § 29.2, shall obtain reciprocal recognition from the department of labor and training pursuant |
21 | to § 28-45-16, prior to being permitted to work as an electrical apprentice in Rhode Island. |
22 | 5-6-34. Certification of electric sign contractors and electric sign installers. |
23 | (a) After July 1, 1991, and at any time prior to January 1, 1992, the division of professional |
24 | regulation within the department of labor and training shall, without examination, upon payment |
25 | of the fees provided in this chapter, issue a "certificate ACF" or "certificate CF" to any applicant |
26 | for the certificate who presents satisfactory evidence that he or she has the qualifications for the |
27 | type of license applied for, and who has been engaged in the occupation or business of installing, |
28 | servicing, maintaining, and testing of electric signs covered by the license within this state for a |
29 | period of five (5) years in the case of a "certificate ACF" and three (3) years in the case of a |
30 | "certificate CF" prior to July 1, 1991. Any person who, being qualified to obtain a "certificate ACF" |
31 | or "certificate CF" under this section, is prevented from making application for it because of service |
32 | in the armed forces of the United States during the period between July 1, 1991, and January 1, |
33 | 1992, has three (3) months after discharge to make an application. No person is liable for |
34 | prosecution for making electric sign installations, services, maintenance, or tests, without a license |
| LC004803 - Page 3 of 26 |
1 | for the first six (6) months after July 1, 1991. |
2 | (b) Any apprentice electric sign installer in training having successfully completed a |
3 | training period of not less than two (2) years is eligible to take a journeyperson's examination; |
4 | provided, after September 1, 1995, and at any time prior to March 1, 1996, any apprentice employed |
5 | and sponsored by a sign company is eligible to take a journeyperson's examination, notwithstanding |
6 | the previously mentioned training period. |
7 | SECTION 2. Chapter 5-6 of the General Laws entitled "Electricians" is hereby amended |
8 | by adding thereto the following sections: |
9 | 5-6-24.2. Apprentices -- Exam requirements. |
10 | To be eligible for each class of electrical licensing exam, applicants must complete all the |
11 | requirements of an applicable registered apprenticeship program in Rhode Island, except the |
12 | licensing exam, or possess an electrician’s license issued under the laws of another jurisdiction. |
13 | Apprentices must submit to the division of professional regulation within the department of labor |
14 | and training their transcripts of related technical instruction and the work record books from their |
15 | employer(s) or other reasonably satisfactory evidence showing that the applicant successfully |
16 | completed the instruction and on-the-job learning as enumerated in the applicable standards of |
17 | apprenticeship found in § 28-45-9. |
18 | 5-6-24.3. Credit for electrical license exams. |
19 | (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior |
20 | learning or experience toward the term of the apprenticeship pursuant to chapter 45 of title 28 shall |
21 | also require the written approval of the electrical board of examiners within the department of labor |
22 | and training. |
23 | (b) The term of a time-based electrician (Class B) apprenticeship program shall be eight |
24 | thousand (8,000) hours of on-the-job learning. The term of a time-based maintenance electrician |
25 | (Class M) apprenticeship program shall be six thousand (6,000) hours of on-the-job learning. |
26 | Lightning protection installers (LPI) in training are required to work a minimum of four thousand |
27 | (4,000) hours of on-the-job learning. |
28 | (c) An apprentice who has successfully completed a course of electrical technology at an |
29 | accredited college or university that provides a minimum of two hundred eighty-eight (288) hours |
30 | of related technical academic instruction or is the recipient of an associate degree in electrical |
31 | technology may be granted credit for two hundred eighty-eight (288) hours of related technical |
32 | academic instruction toward completion of their apprenticeship. |
33 | (d) An apprentice who has successfully completed a course of study in a recognized trade |
34 | school that provides a minimum of two hundred eighty-eight (288) hours of related technical |
| LC004803 - Page 4 of 26 |
1 | academic instruction may be granted credit for two hundred eighty-eight (288) hours of related |
2 | technical academic instruction toward completion of their apprenticeship. |
3 | (e) An apprentice who is the recipient of an associate degree in electrical technology may |
4 | also be granted credit by an apprenticeship sponsor for up to fifty percent (50%) of the required on- |
5 | the-job learning credits toward completion of their apprenticeship. |
6 | (f) Sponsors may grant credit toward completion of an apprenticeship for one hundred |
7 | forty-four (144) hours of related technical academic instruction for relevant technical academic |
8 | instruction completed in a high school electrical technology program, pursuant to § 28-45-9, with |
9 | the written approval of the state board of examiners of electricians. |
10 | SECTION 3. Section 5-20-5 of the General Laws in Chapter 5-20 entitled "Plumbers, |
11 | Irrigators, and Water System Installers" is hereby amended to read as follows: |
12 | 5-20-5. "Apprentice plumber" defined. |
13 | "Apprentice plumber," as used in this chapter, means any employee, who is registered as |
14 | an apprentice plumber in accordance with chapter 45 of title 28 and whose principal occupation is |
15 | service with a master plumber with a view to learning the art or trade of maintenance, installation, |
16 | or repair of plumbing, as defined in § 5-20-2. |
17 | SECTION 4. Chapter 5-20 of the General Laws entitled "Plumbers, Irrigators, and Water |
18 | System Installers" is hereby amended by adding thereto the following sections: |
19 | 5-20-5.3. Apprentices -- Exam requirements. |
20 | To be eligible for the plumbing licensing exam, applicants must complete eight thousand |
21 | (8,000) hours of on-the-job learning and five hundred seventy-six (576) hours of related instruction |
22 | at a training program recognized by the department of labor and training or must possess a |
23 | plumber’s license issued under the laws of another jurisdiction. Apprentices must submit to the |
24 | division of professional regulation within the department of labor and training their transcripts of |
25 | related technical instruction and the work record books from their employer(s) or other reasonably |
26 | satisfactory evidence showing that the applicant successfully completed the necessary instruction |
27 | and on-the-job learning. |
28 | 5-20-5.4. Credit for plumbing license exams. |
29 | (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior |
30 | learning or experience toward the term of the apprenticeship shall also require the written approval |
31 | of the state board of examiners of plumbers within the department of labor and training. |
32 | (b) An apprentice who has successfully completed a course of plumbing at an accredited |
33 | college or university that provides a minimum of two hundred eighty-eight (288) hours of related |
34 | technical academic instruction or is the recipient of an associate degree in plumbing may be granted |
| LC004803 - Page 5 of 26 |
1 | credit for two hundred eighty-eight (288) hours of related technical academic instruction toward |
2 | completion of their apprenticeship. |
3 | (c) An apprentice who has successfully completed a course of study in a recognized trade |
4 | school that provides a minimum of two hundred eighty-eight (288) hours of related technical |
5 | academic instruction may be granted credit for two hundred eighty-eight (288) hours of related |
6 | technical academic instruction toward completion of their apprenticeship. |
7 | (d) An apprentice who is the recipient of an associate degree in plumbing may also be |
8 | granted credit by an apprenticeship sponsor for up to fifty percent (50%) of the required on-the-job |
9 | learning credits toward completion of their apprenticeship. |
10 | (e) Sponsors may grant credit toward completion of an apprenticeship for one hundred |
11 | forty-four (144) hours of related technical academic instruction for relevant technical academic |
12 | instruction completed in a high school plumbing program, with the written approval of the state |
13 | board of examiners of plumbers within the department of labor and training. |
14 | SECTION 5. Section 5-20-17 of the General Laws in Chapter 5-20 entitled "Plumbers, |
15 | Irrigators, and Water System Installers" is hereby amended to read as follows: |
16 | 5-20-17. Qualifications of journeyperson -- Application fee Journeyperson license -- |
17 | Test fees -- License fees and qualifications -- Filing deadline for journeyperson. |
18 | (a) No application for a journeyperson's license shall be filed at the department of labor |
19 | and training, nor shall any applicant be permitted to take the examination for a license as a |
20 | journeyperson plumber, unless: |
21 | (1) The application is accompanied by a nonrefundable application fee of seventy-five |
22 | dollars ($75.00); and |
23 | (2) The applicant shall have possessed, for at least four (4) years prior to the filing of the |
24 | application, a certificate of registration in full force and effect from the department of labor and |
25 | training specifying that person as a registered apprentice plumber and the application of that |
26 | applicant is accompanied with an affidavit or affidavits of his or her employer or former employers |
27 | or other reasonably satisfactory evidence showing that the applicant has been actually engaged in |
28 | plumbing work as an apprentice plumber in the state of Rhode Island for eight thousand (8,000) |
29 | hours of on-the-job training during a five-year (5) period, which shall include the successful |
30 | completion of five hundred seventy-six (576) hours of related instruction at a training program |
31 | recognized by the department of labor and training; provided, however, the apprentice may receive |
32 | credit for one hundred forty-four (144) hours of classroom training applied against the five hundred |
33 | seventy-six (576) hours required pursuant to this section, gained in a vocational school authorized |
34 | by the council on elementary and secondary education; and approved by the Rhode Island |
| LC004803 - Page 6 of 26 |
1 | department of labor and training state apprenticeship council. having successfully completed all |
2 | the requirements for completion of the apprenticeship except the licensing exam; and |
3 | (3) The application is accompanied with an affidavit or other reasonably satisfactory |
4 | evidence showing that the applicant has been a registered student in a recognized college, |
5 | university, or trade school and has pursued a course of plumbing or sanitary engineering for at least |
6 | two (2) academic years; or The applicant provides documentation of related technical instruction |
7 | and work records from his or her employer or former employers or other reasonably satisfactory |
8 | evidence showing that the applicant has successfully completed the related and necessary |
9 | instruction and on-the-job learning. |
10 | (4) The applicant is the recipient of an associate degree in either plumbing or sanitary |
11 | engineering, and has been registered by the department of labor and training as an apprentice |
12 | plumber for at least two (2) years and at all times while being employed as a registered apprentice |
13 | plumber by a duly licensed master plumber in this state for a period of two (2) years; or |
14 | (5)(b) Alternatively, the application for a journeyperson's test shall be The application is |
15 | accompanied by an affidavit or other reasonably satisfactory evidence showing that the applicant |
16 | possesses a certificate of license, issued under the laws of another state, provided that the Rhode |
17 | Island requirements are the same or are substantially the same as in the state specifying that person |
18 | as a journeyperson plumber. |
19 | (6)(c) The records of the hours of on-the-job training learning and the hours of related |
20 | instruction should be maintained in a mutually responsible manner, through a joint effort on the |
21 | part of the master plumber and the apprentice. |
22 | (7)(d) The completed application is to be filed with the department of labor and training at |
23 | least fifteen (15) days prior to the examination date. |
24 | SECTION 6. Section 5-70-5 of the General Laws in Chapter 5-70 entitled |
25 | "Telecommunications" is hereby amended to read as follows: |
26 | 5-70-5. Form of license and registration. |
27 | Three (3) major forms of license shall be issued with the two (2) higher licenses carrying |
28 | certification for one or more of the four (4) category(s) categories, as defined within this chapter, |
29 | for which qualified: |
30 | (1) Telecommunications system contractor. |
31 | (i) TSC license shall be issued to any person qualified under this chapter representing |
32 | themselves, individually, or a firm or corporation engaging in, or about to engage in, the business |
33 | of designing, installing, altering, servicing, and/or testing telecommunications systems. |
34 | (ii) Qualification shall be evidenced by passing the examination(s) for any or all of the |
| LC004803 - Page 7 of 26 |
1 | categories of telecommunications systems described in this chapter, and applicants who hold an |
2 | equivalent out-of-state license, as determined by this board, issued by another state shall be allowed |
3 | to take the Rhode Island form TSC license examination. Applicants for TSC license who hold no |
4 | equivalent form of TSC license issued in another state and show evidence of three (3) years of |
5 | verifiable and continuous contracting experience, immediately preceding the date of application |
6 | and are registered to conduct business in the state of Rhode Island, will be allowed to take the |
7 | Rhode Island form of TSC examination. Applicants who do not meet these qualifications shall have |
8 | been licensed as a Rhode Island telecommunication telecommunications systems technician for a |
9 | minimum of three (3) consecutive years, immediately preceding the date of application, in order to |
10 | qualify to take the TSC examination, and shall have been registered to conduct business in the state |
11 | of Rhode Island. |
12 | (iii) The holding of a TSC license shall entitle the holder individually to contract for, |
13 | engage in, and/or perform the actual work of designing, installing the type(s) of |
14 | telecommunications systems for which they were granted certification. No individual shall be |
15 | required to hold more than one form of license. |
16 | (2) Telecommunications systems technician. |
17 | (i) TST license shall be issued to any person who passes the examination(s) as defined |
18 | within this chapter for any or all of the categories of telecommunications systems described in this |
19 | chapter. |
20 | (ii) The holding of a TST license shall entitle the holder individually to perform the actual |
21 | work of installing, altering, servicing, and/or testing the type(s) of telecommunications systems for |
22 | which they were granted certification. All the work performed shall be under the supervision of the |
23 | holder of a TSC license. |
24 | (3) Telecommunications system limited installer. |
25 | (i) TSLI license shall be issued to any person who passes the examination as defined within |
26 | this chapter and as described in this section. |
27 | (ii) The holding of a TSLI license shall entitle the holder to perform the actual work of |
28 | installation of wiring, low-voltage surface raceway, enclosures, and wiring devices directly |
29 | associated with a telecommunications system. Connection to, installation of, or servicing of |
30 | telecommunications devices shall only be performed under the direct supervision of a holder of a |
31 | TST or TSC license. |
32 | (4) Trainee/telecommunication apprentice Telecommunications trainees. |
33 | (i) Registered trainees/telecommunications apprentices telecommunications trainees may |
34 | be employed to perform the actual work of installation of wiring, low-voltage surface raceway, |
| LC004803 - Page 8 of 26 |
1 | enclosures, and wiring devices directly associated with a telecommunications system under the |
2 | direct supervision of a holder of a TST or TSC license. |
3 | (ii) Trainees/telecommunication apprentices Telecommunications trainees shall be |
4 | required to register with the licensing authority subsequent to employment by a person, firm, or |
5 | corporation licensed as a TSC under this chapter; and prior to being permitted to perform any actual |
6 | installation work. |
7 | (iii) The registered trainee/telecommunication apprentice telecommunications trainees |
8 | shall not be permitted to make connection to, install, or service telecommunications devices. No |
9 | more than two (2) registered trainees/telecommunication apprentices telecommunications trainees |
10 | can be directly supervised by a single TSC or TST license holder. |
11 | SECTION 7. The title of Chapter 28-3 of the General Laws entitled "Employment of |
12 | Women and Children" is hereby amended to read as follows: |
13 | CHAPTER 28-3 |
14 | Employment of Women and Children |
15 | CHAPTER 28-3 |
16 | EMPLOYMENT OF MINORS |
17 | SECTION 8. Section 28-3-18 of the General Laws in Chapter 28-3 entitled "Employment |
18 | of Women and Children" is hereby amended to read as follows: |
19 | 28-3-18. Enforcement of provisions -- Prosecution of violations. |
20 | The division of labor standards has full power to enforce §§ 28-3-1 -- 28-3-20, and has all |
21 | the powers of the division of compliance inspection insofar as those powers relate to and affect |
22 | women and children minors. All actions, suits, complaints, and prosecutions for the violation of |
23 | any of the provisions of these sections shall be brought by and in the name of the director of labor |
24 | and training or the chief of the division of labor standards in the department of labor and training; |
25 | or by and in the name of any duly authorized representative of the director of labor and training. |
26 | SECTION 9. Chapter 28-4 of the General Laws entitled "Indenture of Apprentices" is |
27 | hereby repealed in its entirety. |
28 | CHAPTER 28-4 |
29 | Indenture of Apprentices |
30 | 28-4-1. Power of minor to execute indenture. |
31 | Any minor being sixteen (16) years of age or over, or who, being under sixteen (16) years |
32 | of age, has a limited permit to work given him or her by or under the direction of the school |
33 | committee where the minor resides under the provisions of chapter 3 of this title, may, by execution |
34 | of an indenture, bind himself or herself as provided in this chapter, for a term of service of not less |
| LC004803 - Page 9 of 26 |
1 | than one year. |
2 | 28-4-2. Parties to sign indenture. |
3 | Every indenture shall be signed: |
4 | (1) By the minor; |
5 | (2) By the parents, or either one of them, as the natural guardians or guardian of the minor; |
6 | or by the duly appointed legal guardian of the person, or of the person and estate of the minor, if |
7 | any; or by the person having the legal custody of the minor; |
8 | (3) By the employer. |
9 | 28-4-3. Contents of indenture. |
10 | Every indenture shall contain: |
11 | (1) The names of the parties; |
12 | (2) The date of birth of the minor; |
13 | (3) A statement of the trade, craft, or business which the minor is to be taught; |
14 | (4) An agreement that a certificate shall be given to the apprentice at the conclusion of his |
15 | or her indenture, stating that he or she has completed the apprenticeship under the indenture. |
16 | 28-4-4. Deeds in triplicate. |
17 | In every case there shall be three (3) deeds in the same form and tenor, executed by all |
18 | parties, one to be kept by each party. |
19 | 28-4-5. Effect of indenture as against parties. |
20 | All indentures made in accordance with the provisions of §§ 28-4-1 -- 28-4-4 shall be good |
21 | and effectual in law against all parties and the minor engaged by them, according to their tenor, |
22 | except as to any of their provisions that the court, in which any suit or controversy relating to the |
23 | articles of indenture may be heard, shall determine to be unjust or unreasonable. |
24 | 28-4-6. Petition or complaint for breach of indenture -- Summons. |
25 | Whenever a petition or complaint in writing and under oath is made to any judge of the |
26 | district court that any master or apprentice, within a division where the court is situated, has |
27 | willfully neglected or refused to comply with or perform the terms and provisions of any indenture, |
28 | the judge, if satisfied that there is a reasonable cause for the petition or complaint, shall issue a |
29 | summons requiring the master or apprentice to appear before the court at a time and place named |
30 | in the summons to answer relative to the petition or complaint. The petitioner or complainant shall |
31 | cause the summons to be served by some officer qualified to serve civil process upon the person |
32 | complained of at least six (6) days before the time set for appearance and hearing by reading the |
33 | summons to the person to be served, or by leaving an attested copy of it with the person to be served |
34 | in his or her hands and possession, or at his or her last and usual place of abode with some person |
| LC004803 - Page 10 of 26 |
1 | living there, or if the person to be served is a corporation, then, by leaving an attested copy of the |
2 | summons with some officer of the corporation or at the office of the corporation with some person |
3 | employed there. |
4 | 28-4-7. Determination of petition or complaint -- Enforcement of order. |
5 | Upon the hearing of a petition or complaint, the court may determine the controversy or |
6 | matter complained of in a summary way, and discharge either party from the indenture and contract |
7 | of apprenticeship, and may make any further order in the premises that the case may require and |
8 | seems proper to the court. Any neglect or failure of any person, against whom any order is made, |
9 | to do, perform, or comply with the order shall be contempt of court, and the court may enforce its |
10 | order by proceedings for contempt. |
11 | SECTION 10. Chapter 28-27 of the General Laws entitled "Mechanical Trades" is hereby |
12 | amended by adding thereto the following sections: |
13 | 28-27-1.3. Apprentices -- Exam requirements. |
14 | To be eligible for each licensing exam in the mechanical trades, applicants must complete |
15 | all the requirements of an applicable registered apprenticeship program in Rhode Island, except the |
16 | licensing exam, or possess the equivalent or substantially equivalent license issued under the laws |
17 | of another jurisdiction. Apprentices must submit to the division of professional regulation within |
18 | the department of labor and training their transcripts of related technical instruction and the work |
19 | record books from their employer(s) or other reasonably satisfactory evidence showing that the |
20 | applicant successfully completed the instruction and on-the-job learning as enumerated in the |
21 | applicable standards of apprenticeship found in § 28-45-9. |
22 | 28-27-1.4. Credit for mechanical trades license exams. |
23 | (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior |
24 | learning or experience toward the term of the apprenticeship pursuant to chapter 45 of title 28 shall |
25 | also require the written approval of the mechanical board within the department of labor and |
26 | training. |
27 | (b) An apprentice who has successfully completed a course at an accredited college or |
28 | university of pipefitting or refrigeration/air conditioning, sheet metal, or fire protection sprinkler |
29 | systems that provides a minimum of two hundred eighty-eight (288) hours of related technical |
30 | academic instruction or is the recipient of an associate degree in pipefitting, refrigeration/air |
31 | conditioning, or fire protection sprinkler systems may be granted credit for two hundred eighty- |
32 | eight (288) hours of related technical academic instruction toward completion of their |
33 | apprenticeship. |
34 | (c) An apprentice who has successfully completed a course of study in a recognized trade |
| LC004803 - Page 11 of 26 |
1 | school that provides a minimum of two hundred eighty-eight (288) hours of related technical |
2 | academic instruction in pipefitting, refrigeration/air conditioning, sheet metal, or fire protection |
3 | sprinkler systems may be granted credit for two hundred eighty-eight (288) hours of related |
4 | technical academic instruction toward completion of their apprenticeship. |
5 | (d) An apprentice who is the recipient of an associate degree in pipefitting, refrigeration/air |
6 | conditioning, or fire protection sprinkler systems may also be granted credit by an apprenticeship |
7 | sponsor for up to fifty percent (50%) of the required on-the-job learning credits toward completion |
8 | of their apprenticeship. |
9 | (e) Sponsors may grant credit toward completion of an apprenticeship for one hundred |
10 | forty-four (144) hours of related technical academic instruction for relevant technical academic |
11 | instruction completed in a high school mechanical trades program, pursuant to § 28-45-9, with the |
12 | written approval of the mechanical board within the department of labor and training. |
13 | SECTION 11. Sections 28-27-4.1, 28-27-4.2, 28-27-4.3, 28-27-5.1, 28-27-5.2, 28-27-11 |
14 | and 28-27-18 of the General Laws in Chapter 28-27 entitled "Mechanical Trades" are hereby |
15 | amended to read as follows: |
16 | 28-27-4.1. "Journeyperson refrigeration technician" defined. |
17 | "Journeyperson refrigeration technician" means any person who has completed a five (5) |
18 | year apprentice program ten thousand (10,000) hour registered apprenticeship program and/or has |
19 | passed a refrigeration technician examination and who by him himself or herself does work in |
20 | refrigeration/air conditioning subject to provisions of this chapter and the rules, regulations, and |
21 | licensing criteria promulgated hereunder. |
22 | 28-27-4.2. "Journeyperson pipefitter," "journeyperson sprinkler fitter," and |
23 | "journeyperson sheet metal worker" defined. |
24 | (a) "Journeyperson pipefitter" means any person who has completed a five (5) year |
25 | apprentice program ten thousand (10,000) hour registered apprenticeship program and/or has |
26 | passed a journeyperson examination and who by himself or herself does work on pipefitting |
27 | systems subject to provisions of this chapter. The rules, regulations, and licensing criteria guide |
28 | promulgated under this chapter referencing Class II limited journeyperson licenses shall require |
29 | completion of an accepted formal technical program approved apprenticeship program registered |
30 | with by the department of labor and training. |
31 | (b) "Journeyperson sheet metal worker" means any person who has completed a four (4) |
32 | year apprentice program an eight thousand (8,000) hour registered apprenticeship program and/or |
33 | has passed a journeyperson sheet metal worker examination and who by himself or herself does |
34 | sheet metal work subject to provisions of this chapter and the rules, regulations, and licensing |
| LC004803 - Page 12 of 26 |
1 | criteria promulgated under this chapter. |
2 | (c) "Journeyperson sprinkler fitter" means any person who has completed a four (4) year |
3 | apprentice program an eight thousand (8,000) hour registered apprenticeship program and/or has |
4 | passed a journeyperson sprinkler fitter examination and who by himself or herself does work in fire |
5 | protection sprinkler systems subject to provisions of this chapter and the rules, regulations, and |
6 | licensing criteria promulgated under this chapter. |
7 | 28-27-4.3. "Pipefitter apprentice," "refrigeration/air conditioning apprentice," |
8 | "journeyperson sprinkler fitter apprentice," and "journeyperson sheet metal worker |
9 | apprentice" defined -- Duration of apprentice programs. |
10 | (a) "Journeyperson sheet Sheet metal worker apprentice" means any person at least |
11 | eighteen (18) years of age who is learning or working at the businesses business of sheet metal |
12 | work under the direct supervision of a sheet metal contractor or journeyperson sheet metal worker |
13 | under a and is registered state sanctioned as a sheet metal worker apprentice, program in accordance |
14 | with chapter 45 of title 28. |
15 | (b) "Journeyperson sprinkler Sprinkler fitter apprentice" means any person at least eighteen |
16 | (18) years of age who is learning or working at the business of fire protection sprinkler systems |
17 | under the direct supervision of a master or journeyperson sprinkler fitter under a and is registered |
18 | state sanctioned as a sprinkler fitter apprentice, in accordance with chapter 45 of title 28 program. |
19 | (c) "Pipefitter apprentice" means any person at least eighteen (18) years of age who is |
20 | learning or working at the business of pipefitting under the direct supervision of a master pipefitter |
21 | or journeyperson pipefitter under a and is registered as a pipefitter state sanctioned apprentice, in |
22 | accordance with chapter 45 of title 28 program. |
23 | (d) Pipefitter, refrigeration, sprinkler fitter and sheet metal worker apprentice programs are |
24 | of a five (5) year duration, except as detailed in § 28-27-4.2, for all Class II limited licenses. |
25 | (e) "Refrigeration/air conditioning apprentice" means any person at least eighteen (18) |
26 | years of age who is learning and or working at the business of refrigeration/air conditioning as a |
27 | refrigeration/air conditioning registered apprentice under the direct supervision of a |
28 | refrigeration/air conditioning master or journeyperson under a registered state sanctioned |
29 | apprentice, in accordance with chapter 45 of title 28 program. |
30 | 28-27-5.1. Practices for which a journeyperson or apprentice license required |
31 | Practices for which a journeyperson license or apprentice registration is required. |
32 | (a) No person shall engage to work as a pipefitter, refrigeration/air conditioning, or |
33 | sprinkler fitter journeyperson or apprentice, or journeyperson sheet metal worker or apprentice, or |
34 | shall advertise or represent in any form or matter manner that he or she is a journeyperson or |
| LC004803 - Page 13 of 26 |
1 | apprentice, unless that person possesses and carries on his or her person at all times while so |
2 | engaged a valid license or registration issued by the department of labor and training qualifying |
3 | that person as a journeyperson or apprentice. |
4 | (b) A person holding a valid license under this chapter shall not be required to obtain an |
5 | additional license under this chapter to perform sheet metal work when AC air handling equipment |
6 | is ten (10) tons or less or when heating equipment does not exceed 250,000 BTUs. |
7 | (c) A holder of a journeyperson license shall only be entitled to work as an employee of |
8 | the properly licensed master permit holder in accordance with this chapter. |
9 | 28-27-5.2. Issuance of P.J.F. journeyperson oil burnerperson's license. |
10 | (a) Any person who has previously qualified for the electrician's F certificate and the P.J.F. |
11 | II limited to oil individually, and presently holds both licenses, may convert to the single P.J.F. |
12 | limited journeyperson II oil burnerperson's license by application to the division of professional |
13 | regulation within the department of labor and training on an approved application and with payment |
14 | of the applicable fee as detailed in this section. This licensee cannot be self-employed and is limited |
15 | to domestic oil burner service work, burner, tank, and oil line installation. Persons seeking an initial |
16 | P.J.F. limited journeyperson II oil burner license must show proof of completion of a trade |
17 | sponsored registered apprenticeship program or a trade related trade-related program offered by a |
18 | recognized an accredited college or university or a recognized trade school. All programs must |
19 | have prior approval of the department of labor and training before licenses are issued. |
20 | (b) The person seeking P.J.F. licensing must be employed by a master pipefitting contractor |
21 | class II as detailed under § 28-27-4. |
22 | (c) The above provisions are similar for most limited licenses under chapter 27 of this title. |
23 | (d) Fees shall be as follows: |
24 | (1) Apprenticeship fee is thirty dollars ($30.00) with birth-month licensing; |
25 | (2) License fee is seventy-two dollars ($72.00) with birth-month licensing; |
26 | (3) Renewal fee is seventy-two dollars ($72.00) with birth-month licensing; |
27 | (e) The fees collected shall be deposited as general revenues. |
28 | 28-27-11. Journeyperson license -- Test fees -- License fees and qualifications -- Filing |
29 | deadline for journeyperson. |
30 | (a) No application for a journeyperson's test shall be filed by at the department of labor and |
31 | training, nor shall any applicant be permitted to take the examination for a license as a |
32 | journeyperson, unless: |
33 | (1) The test application is accompanied by a test fee as outlined in § 28-27-17. ; |
34 | (2) The applicant is a registered apprentice in accordance with chapter 45 of title 28 having |
| LC004803 - Page 14 of 26 |
1 | successfully completed all the requirements for completion of the apprenticeship except the |
2 | licensing exam; and |
3 | (3) The applicant provides documentation of related technical instruction and work records |
4 | from his or her employer or former employers or other reasonably satisfactory evidence showing |
5 | that the applicant has successfully completed the related instruction and on-the-job learning as |
6 | enumerated in the standards of apprenticeship. |
7 | (3) The applicant has possessed for at least five (5) years prior to the filing of the |
8 | application a certificate of registration in full force and effect from the department of labor and |
9 | training specifying the person as a registered apprentice, and the application of an applicant: |
10 | (i) Is accompanied by an affidavit or affidavits of his or her employer or former employers |
11 | or other reasonably satisfactory evidence showing that the applicant has been actually engaged in |
12 | pipefitting or refrigeration/air conditioning, sheet metal or fire protection sprinkler systems work |
13 | as an apprentice in the state of Rhode Island during those five (5) years; |
14 | (ii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that |
15 | the applicant has been registered as a student in a recognized college, university, or trade school |
16 | and has pursued a course of pipefitting or refrigeration/air conditioning, sheet metal or fire |
17 | protection sprinkler systems for at least two (2) academic years or is the recipient of an associate |
18 | degree in pipefitting or refrigeration/air conditioning or fire protection sprinkler systems, and has |
19 | thereafter been registered by the department of labor and training as an apprentice for at least three |
20 | (3) years and employed as a registered apprentice by a duly licensed pipefitter or refrigeration/air |
21 | conditioning or fire protection sprinkler systems master or sheet metal contractors in this state for |
22 | a period of three (3) years; or |
23 | (iii) Is (b) Alternatively, the application for a journeyperson’s test shall be accompanied by |
24 | an affidavit or other reasonably satisfactory evidence showing that the applicant possesses a |
25 | certificate of license issued under the laws of another state specifying that person as a |
26 | journeyperson. |
27 | (4) The licensing authority may grant an exemption to the requirements of subdivision |
28 | (a)(3) on the basis of past experience. |
29 | (b)(c) Any The test application is to be filed with the department of labor and training at |
30 | least fifteen (15) days prior to the examination date. |
31 | (2)(d) Upon passing of a journeyperson test, payment of a license fee as outlined in § 28- |
32 | 27-17 is required, and the journeyperson license will shall be issued as provided in § 28-27-15. |
33 | 28-27-18. Registration of apprentices. |
34 | (a) Any person who has agreed to work under the supervision of a licensed pipefitter, |
| LC004803 - Page 15 of 26 |
1 | refrigeration/air conditioning, sprinkler fitter or sheet metal master under a state sanctioned |
2 | apprenticeship program Apprentices shall be registered by the director of labor and training, in |
3 | accordance with chapter 45 of title 28, and be issued a certificate of apprenticeship. |
4 | (b) The minimum formal training period for a P.J.F. limited class II license shall be one |
5 | hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the |
6 | department of labor and training as part of standards of apprenticeship. The fee schedules for the |
7 | P.J.F. limited license are detailed in § 28-27-5.2. All other sections of this chapter shall remain in |
8 | full force and effect. |
9 | SECTION 12. Sections 28-45-1, 28-45-3, 28-45-9, 28-45-10, 28-45-11, 28-45-13, 28-45- |
10 | 14 and 28-45-16 of the General Laws in Chapter 28-45 entitled "Apprenticeship Programs in Trade |
11 | and Industry" are hereby amended to read as follows: |
12 | 28-45-1. Purposes. |
13 | The purposes of this chapter are: |
14 | (1) To encourage employers, associations of employers, and organizations of employees to |
15 | voluntarily establish apprenticeship programs and the making of apprenticeship agreements; |
16 | (2) To create opportunities for young people to obtain employment and adequate training |
17 | in trades and industry with parallel instructions in related and supplementary education under |
18 | conditions that will equip them for profitable employment and citizenship; |
19 | (3) To cooperate with the promotion and development of apprenticeship programs and |
20 | systems in other states and with the federal committee on apprenticeship appointed under 29 U.S.C. |
21 | § 50 et seq.; and |
22 | (4) To provide for the registration and approval of apprenticeship programs and |
23 | apprenticeship agreements and for the issuance of state certificates of completion of apprenticeship. |
24 | 28-45-3. Powers and duties. |
25 | (a) The department of labor and training is the agency with responsibility and |
26 | accountability for apprenticeship within Rhode Island for federal purposes. The state |
27 | apprenticeship council shall be a regulatory council and part of the department of labor and training. |
28 | The council shall promulgate regulations consistent with 29 C.F.R. 29 and 30 at the direction of |
29 | the director of the department of labor and training and shall provide advice and guidance to the |
30 | director of the department of labor and training on the operation of the Rhode Island apprenticeship |
31 | program system. Enforcement of apprenticeship rules and regulations shall be the duty of the |
32 | director of the department of labor and training. In addition, the council shall: |
33 | (1) Adopt rules and regulations to insure ensure equality of opportunity in apprenticeship |
34 | programs pursuant to the Rhode Island state plan for equal opportunity in apprenticeship; |
| LC004803 - Page 16 of 26 |
1 | (2) Establish trade, craft, manufacturing, or industrial standards for apprenticeship or |
2 | training agreements in cooperation with a joint employer and employee groups in conformity with |
3 | 29 C.F.R. § 29.5; |
4 | (3) Establish program performance standards in conformity with 29 C.F.R. § 29.6; |
5 | (4) Hold at least four (4) regular public meetings each year; any additional meetings |
6 | considered necessary shall be held at the call of the chairperson, or at the written request of a |
7 | majority of the members of the council; |
8 | (5) Formulate and publish rules of procedure for the function of local, regional, and state |
9 | joint apprenticeship committees and for the filling of vacancies on those committees; |
10 | (6) Adopt rules and regulations concerning the following: |
11 | (i) The contents of apprenticeship agreements in conformity with 29 C.F.R. § 29.7; |
12 | (ii) Criteria for apprenticeable occupations as provided by 29 C.F.R. § 29.4; |
13 | (iii) Reciprocal approval recognition for federal purposes to apprentices, apprenticeship |
14 | programs, and apprenticeship standards that are registered in other states by the U.S. department of |
15 | labor or another state apprenticeship program recognized by the U.S. department of labor if such |
16 | reciprocity is requested by the apprenticeship program sponsor; |
17 | (iv) The cancellation and/or deregistration of programs, and for temporary suspension, |
18 | cancellation, and/or deregistration of apprenticeship agreements, as provided in 29 C.F.R. §§ 29.8 |
19 | and 29.9; |
20 | (v) The standards of apprenticeship, program performance standards, apprenticeship |
21 | agreements, deregistration of registered apprenticeship programs, reinstatement of apprenticeship |
22 | programs, and reciprocal approval recognition of apprentices from other states. |
23 | (b) The department of labor and training in accord accordance with its regulations and this |
24 | chapter shall: |
25 | (1) Encourage the promotion, expansion, and improvement of programs of apprenticeship |
26 | training and pre-apprenticeship and the making of apprenticeship agreements; |
27 | (2) Bring about the settlement of differences arising out of an apprenticeship agreement |
28 | when those differences cannot be adjusted locally or in accordance with established trade |
29 | procedure; |
30 | (3) Supervise the execution of agreements and maintenance of standards; |
31 | (4) Register or terminate or cancel the registration of apprenticeship programs and |
32 | apprenticeship agreements; |
33 | (5) Issue certificates of completion of apprenticeship; |
34 | (6) Keep a record of apprenticeship programs and apprentice agreements and their |
| LC004803 - Page 17 of 26 |
1 | disposition; |
2 | (7) Render any assistance and submit any information and data that may be requested by |
3 | employers, employees, and joint apprenticeship committees engaged in the formulation and |
4 | operation of programs of apprenticeship, particularly in regard to work schedules, wages, |
5 | conditions of employment, apprenticeship records, and number of apprentices; |
6 | (8) Adopt rules and regulations to insure ensure nondiscrimination in all phases of |
7 | apprenticeship and employment during apprenticeship; |
8 | (9) Register trade, craft, manufacturing, or industrial standards for apprenticeship or |
9 | training agreements in cooperation with joint employer and employee groups and in conformity |
10 | with this chapter, or approve and register trade, craft, manufacturing, or industrial standards for |
11 | agreements submitted which that are in conformity with this chapter, and disapprove those |
12 | standards or agreements submitted which that are not in conformity with this chapter, to the extent |
13 | deemed appropriate; |
14 | (10) Establish committees and approve nominations to existing committees which that are |
15 | submitted in conformity with this chapter; |
16 | (11) Terminate registration of committees for failure of the committee to abide by the |
17 | provisions of this chapter; and |
18 | (12) Perform any other duties that are described and imposed by this chapter. |
19 | 28-45-9. Standards of apprenticeship programs. |
20 | An apprenticeship program, to be eligible for approval and registration with the department |
21 | of labor and training, shall conform to regulations issued by the department of labor and training |
22 | and 29 C.F.R. 29 and 29 C.F.R. 30 and shall conform to the following standards: |
23 | (1) The apprenticeship program is an organized, written plan embodying the terms and |
24 | conditions of employment, training, and supervision of one or more apprentices in the |
25 | apprenticeable occupation, as defined in this chapter and subscribed to by a sponsor who has |
26 | undertaken to carry out the apprentice training apprenticeship program. |
27 | (2) The program standards contain the equal opportunity pledge prescribed in 29 C.F.R § |
28 | 30.3(b)(c) and, when applicable, an affirmative action plan in accordance with 29 C.F.R. § 30.4, a |
29 | selection method authorized in 29 C.F.R § 30.5 30.10, or similar requirements expressed in a state |
30 | plan for equal employment opportunity in apprenticeship adopted pursuant to 29 C.F.R. Part 30 |
31 | and approved by the U.S. department of labor, and provisions concerning the following: |
32 | (i) The employment and training of the apprentice in a skilled occupation; |
33 | (ii) A term of apprenticeship not less than two thousand (2,000) hours of work experience, |
34 | consistent with training requirements as established by industry practice, which for an individual |
| LC004803 - Page 18 of 26 |
1 | apprentice may be measured either through the completion of the industry standard for on-the-job |
2 | learning (at least two thousand (2,000) hours) (time-based approach), the attainment of competency |
3 | (competency-based approach), or a blend of the time-based and competency-based approaches |
4 | (hybrid approach): |
5 | (A) The time-based approach measures skill acquisition through the individual apprentice's |
6 | completion of at least two thousand (2,000) hours of on-the-job learning as described in a work |
7 | process schedule; |
8 | (B) The competency-based approach measures skill acquisition through the individual |
9 | apprentice's successful demonstration of acquired skills and knowledge, as verified by the program |
10 | sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job |
11 | learning component of registered apprenticeship. The program standards must address how on-the- |
12 | job learning will be integrated into the program, describe competencies, and identify an appropriate |
13 | means of testing and evaluation for such competencies; |
14 | (C) The hybrid approach measures the individual apprentice's skill acquisition through a |
15 | combination of specified minimum number of hours of on-the-job learning and the successful |
16 | demonstration of competency as described in a work process schedule; and |
17 | (D) The determination of the appropriate approach for the program standards is made by |
18 | the program sponsor, subject to approval by the registration agency of the determination as |
19 | appropriate to the apprenticeable occupation for which the program standards are registered. |
20 | (iii) An outline of the work processes in which the apprentice will receive supervised work |
21 | experience and training on the job, and the allocation of the approximate time to be spent in each |
22 | major process; |
23 | (iv) Provision for organized, related, and supplemental instruction in technical subjects |
24 | related to the trade. A minimum of one hundred forty-four (144) hours for each year of |
25 | apprenticeship is recommended. This instruction in technical subjects may be accomplished |
26 | through media, such as classroom, occupational or industry courses, electronic media, or other |
27 | instruction approved by the department of labor and training; every apprenticeship instructor must: |
28 | (A) Meet the Rhode Island department of elementary and secondary education |
29 | requirements for a vocational-technical career and technical education instructor, or be a subject |
30 | matter expert, which is an individual, such as a journey worker, who is recognized within an |
31 | industry as having expertise in a specific occupation; and |
32 | (B) Have training in teaching techniques and adult learning styles, which may occur before |
33 | or after the apprenticeship instructor has started to provide the related technical instruction. |
34 | (v) A statement of the progressively increasing scale of wages to be paid the apprentice |
| LC004803 - Page 19 of 26 |
1 | consistent with the skill acquired, the entry wage to be not less than the minimum wage prescribed |
2 | by the federal and state labor standards act, where applicable, unless a higher wage is required by |
3 | other applicable federal law, state law, respective regulations, or by collective bargaining |
4 | agreement; |
5 | (vi) A provision for periodic review and evaluation of the apprentice's progress in job |
6 | performance and related instruction, and the maintenance of appropriate progress records; |
7 | (vii) The numeric ratio of apprentices to journeypersons consistent with proper supervision, |
8 | training, safety, and continuity of employment, and applicable provisions in collective bargaining |
9 | agreements, except where the ratios are expressly prohibited by the collective bargaining |
10 | agreement. The ratio language shall be specific and clear as to application in terms of jobsite, work |
11 | force, department, or plant; |
12 | (viii) A probationary period reasonable in relation to the full apprenticeship term, with full |
13 | credit given for the period toward completion of apprenticeship. The the probationary period shall |
14 | not exceed twenty-five percent (25%) of the length of the program or one year, whichever is shorter; |
15 | (ix) Adequate and safe equipment and facilities for training and supervision, and safety |
16 | training for apprentices on the job and in related instruction; |
17 | (x) The minimum qualifications required by a sponsor for persons entering the |
18 | apprenticeship program, with an eligible starting age not less than sixteen (16) years; |
19 | (xi) The placement of an apprentice under a written apprenticeship agreement that |
20 | conforms to the requirements of this chapter. The agreement shall directly, or by reference, |
21 | incorporate the standards of the program as part of the agreement; |
22 | (xii) The granting of advanced standing or credit for demonstrated competency, previously |
23 | acquired experience, training, or skills for all applicants equally, with commensurate wages for any |
24 | progression step so granted; |
25 | (xiii) The transfer of an apprentice between apprenticeship programs and within an |
26 | apprenticeship program must be based on agreement between the apprentice and the affected |
27 | apprenticeship committees or program sponsors, and must comply with the following requirements: |
28 | (A) The transferring apprentice must be provided a transcript of related instruction and on- |
29 | the-job learning by the committee or program sponsor; |
30 | (B) Transfer must be to the same occupation; and |
31 | (C) A new apprenticeship agreement must be executed when the transfer occurs between |
32 | program sponsors. |
33 | (xiv) Assurance of qualified training personnel and adequate supervision on the job; |
34 | (xv) Recognition for successful completion of apprenticeship evidenced by an appropriate |
| LC004803 - Page 20 of 26 |
1 | certificate issued by the department of labor and training; |
2 | (xvi) Program standards that utilize the competency-based or hybrid approach for |
3 | progression through an apprenticeship and that choose to issue interim credentials must clearly |
4 | identify the interim credentials, demonstrate how these credentials link to the components of the |
5 | apprenticeable occupation, and establish the process for assessing an individual apprentice's |
6 | demonstration of competency associated with the particular interim credential; further, interim |
7 | credentials must only be issued for recognized components of an apprenticeable occupation, |
8 | thereby linking interim credentials specifically to the knowledge, skills, and abilities associated |
9 | with those components of the apprenticeable occupation. |
10 | (xvii) Identification of the department of labor and training as the registration agency; |
11 | (xviii) Provision for the registration, cancellation, and deregistration of the program, and |
12 | requirement for the prompt submission of any modification or amendment to the department of |
13 | labor and training for approval; |
14 | (xix) Provision for registration of apprenticeship agreements, modifications, and |
15 | amendments; notice to the department of labor and training of persons who have successfully |
16 | completed apprenticeship programs; and notice of transfers, cancellations, suspensions, and |
17 | terminations of apprenticeship agreements and a statement of the reasons therefore; |
18 | (xx) Authority for the cancellation of an apprenticeship agreement during the probationary |
19 | period by either party without stated cause. Cancellation during the probationary period will not |
20 | have an adverse impact on the sponsor's completion rate; |
21 | (xxi) Compliance with 29 C.F.R. 30, including the equal opportunity pledge prescribed in |
22 | 29 C.F.R. § 30.3(b)(c); an affirmative action plan complying with 29 C.F.R. § 30.4; and a method |
23 | for the selection of apprentices authorized by 29 C.F.R § 30.5 30.10, or compliance with parallel |
24 | requirements contained in a state plan for equal opportunity in apprenticeship adopted under 29 |
25 | C.F.R. part 30 and approved by the department. The apprenticeship standards must also include a |
26 | statement that the program will be conducted, operated, and administered in conformity with |
27 | applicable provisions of 29 C.F.R. part 30, as amended, or if applicable, an approved state plan for |
28 | equal opportunity in apprenticeship; |
29 | (xxii) Name and address, telephone number, and e-mail address (if applicable) of the |
30 | appropriate authority under the program to receive, process, and make disposition of complaints; |
31 | (xxiii) Recording and maintenance of all records concerning apprenticeship as may be |
32 | required by the office of apprenticeship or the department of labor and training and other applicable |
33 | law. |
34 | 28-45-10. Definitions. |
| LC004803 - Page 21 of 26 |
1 | For the purposes of this chapter: |
2 | (1) “Apprentice” means a worker at least sixteen (16) years of age, except where a higher |
3 | minimum age standard is otherwise fixed by law or by the apprenticeship program sponsor, who is |
4 | employed to learn an apprenticeable occupation as provided in 29 C.F.R. § 29.4 under standards of |
5 | apprenticeship fulfilling the requirement of 29 C.F.R. § 29.5. |
6 | (1)(2) "Apprenticeship agreement" means a written agreement complying with 29 C.F.R. |
7 | § 29.7 between an apprentice and either the apprenticeship program sponsor, or an apprenticeship |
8 | committee acting as agent for the program sponsor(s), which contains the terms and conditions of |
9 | the employment and training of the apprentice. |
10 | (2)(3) "Apprenticeable occupation" which means an occupation that possesses all of the |
11 | following characteristics: |
12 | (i) It is customarily learned in a practical way through a structured, systematic program of |
13 | on the job on-the-job supervised learning. |
14 | (ii) It is clearly identified and commonly recognized throughout an industry. |
15 | (iii) It involves the progressive attainment of manual, mechanical, or technical skills and |
16 | knowledge, which is in accordance with the industry standard for the occupation, that requires |
17 | require the completion of at least a minimum of two thousand (2,000) hours of on the job on-the- |
18 | job learning to attain experience. |
19 | (iv) It requires related instruction to supplement the on the job on-the-job learning. |
20 | (4) “Apprenticeship program” means a plan containing all terms and conditions for the |
21 | qualification, recruitment, selection, employment, and training of apprentices, as required under 29 |
22 | C.F.R. Parts 29 and 30, including such matters as the requirement for a written apprenticeship |
23 | agreement. |
24 | (3)(5) "Council" means the state apprenticeship council as established by § 28-45-2. |
25 | (4)(6) "OA" means office of apprenticeship, U.S. department of labor. |
26 | (7) “Registration agency” means the office of apprenticeship or a recognized state |
27 | apprenticeship agency that has responsibility for registering apprenticeship programs and |
28 | apprentices; providing technical assistance; and conducting reviews for compliance with 29 C.F.R. |
29 | Parts 29 and 30 and quality assurance assessments. |
30 | (5)(8) "Secretary" means secretary of the U.S. department of labor. |
31 | 28-45-11. Applicability of chapter. |
32 | The provisions of this chapter shall apply only to registered apprenticeships and shall apply |
33 | to a firm, person, corporation, or organization of employees or an association of employers only |
34 | after that person, firm, corporation, or organization of employees or association of employers has |
| LC004803 - Page 22 of 26 |
1 | voluntarily elected to conform to its provisions. |
2 | 28-45-13. Standards of apprenticeship agreements. |
3 | All apprenticeship agreements submitted for approval and registration with the department |
4 | of labor and training shall contain, explicitly or by reference, standards adopted by the council, |
5 | including: |
6 | (1) Names and signatures of the contracting parties (apprentice and the program sponsor |
7 | or employer), and the signature of a parent or guardian if the apprentice is a minor. |
8 | (2) The date of birth of apprentice and on a voluntary basis the social security number of |
9 | the apprentice. |
10 | (3) Name and address of the program sponsor and the registration agency. |
11 | (4) A statement of the occupation, trade, or craft in which the apprentice is to be trained, |
12 | and the beginning date and term (duration) of apprenticeship. |
13 | (5) A statement showing: |
14 | (i) The number of hours to be spent by the apprentice in work on the job in a time-based |
15 | program or a description of the skill sets to be attained by completion of a competency-based |
16 | program, including the on-the-job learning component; or the minimum number of hours to be |
17 | spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid |
18 | program. |
19 | (ii) The number of hours to be spent in related and supplemental instruction in technical |
20 | subjects related to the occupation, which is recommended to be not less than one hundred forty- |
21 | four (144) hours per year. |
22 | (6) A statement setting forth a schedule of the work processes in the occupation or industry |
23 | divisions in which the apprentice is to be trained and the approximate time to be spent at each |
24 | process. |
25 | (7) A statement of the graduated scale of wages to be paid the apprentice and whether or |
26 | not the required related instruction shall be compensated. |
27 | (8) Statements providing: |
28 | (i) For a specific period of probation, during which time the apprenticeship agreement may |
29 | be terminated by either party to the agreement upon written notice to the department of labor and |
30 | training, without adverse impact on the sponsor; and |
31 | (ii) That, after the probationary period, the agreement may be cancelled at the request of |
32 | the apprentice, or may be suspended, or terminated by the sponsor, for good cause, with due notice |
33 | to the apprentice and a reasonable opportunity for corrective action, and with written notice to the |
34 | apprentice and to the department of labor and training of the final action taken. |
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1 | (9) A reference incorporating as part of the agreement the standards of the apprenticeship |
2 | program as it exists on the date of the agreement and as it may be amended during the period of the |
3 | agreement. |
4 | (10) A statement that the apprentice will be accorded equal opportunity in all phases of |
5 | apprenticeship employment, and training, without discrimination because of race, color, religion, |
6 | national origin, or sex, sexual orientation, gender identity or expression, disability, age, or country |
7 | of ancestral origin, as enumerated in § 28-5-5. |
8 | (11) Name and address, phone telephone number, and e-mail address (if applicable) of the |
9 | appropriate authority, if any, designated under the program to receive, process, and make |
10 | disposition of controversies or differences arising out of the apprenticeship agreement when the |
11 | controversies or differences cannot be adjusted locally or resolved in accordance with the |
12 | established procedure or applicable collective bargaining provisions. |
13 | 28-45-14. State EEO plan. |
14 | The apprenticeship program shall operate in conformance with state law, including the |
15 | EEO standards and regulations the state plan for equal employment opportunity in registered |
16 | apprenticeship programs, adopted by the department of labor and training. |
17 | 28-45-16. Reciprocity. |
18 | (a) When a sponsor of an active apprenticeship program which that is registered and |
19 | operating in a neighboring state with a registration agency, as defined by 29 C.F.R. § 29.2 and |
20 | located outside of Rhode Island requests registration reciprocal recognition from the department of |
21 | labor and training to train apprentices for work projects in this state, the sponsor apprentice shall |
22 | be granted registration providing recognition as long as the sponsor conforms complies with the |
23 | regulations and standards of the state of Rhode Island. |
24 | (b) An apprentice registered in an approved registered apprenticeship program in a |
25 | neighboring state will be awarded certification of registration for state purposes upon request and |
26 | on the condition that the neighboring state's sponsorship program is registered with the appropriate |
27 | state apprentice agency. |
28 | (c) The department of labor and training shall have the authority to expand or limit the |
29 | number of states that are subject to the provisions of subsection (a) of this section by regulation |
30 | through the promulgation of rules and regulations. |
31 | (d) The department of labor and training shall accord reciprocal approval for federal |
32 | purposes to apprentices, apprenticeship programs and standards that are registered in other states |
33 | by the U.S. department of labor or a registration agency recognized by the U.S. department of labor |
34 | if such reciprocity is requested by the apprenticeship program sponsor; program sponsors seeking |
| LC004803 - Page 24 of 26 |
1 | reciprocal approval must meet Rhode Island wage and hour provisions and apprentice ratio |
2 | standards. |
3 | SECTION 13. Section 28-45-18 of the General Laws in Chapter 28-45 entitled |
4 | "Apprenticeship Programs in Trade and Industry" is hereby repealed. |
5 | 28-45-18. Vocational school training. |
6 | (a) The board of regents for elementary and secondary education may authorize vocational |
7 | schools to provide apprenticeship classroom training to students subject to the approval of the |
8 | Rhode Island department of labor and training. |
9 | (b) In the event the board of regents authorizes state-certified apprenticeship training under |
10 | subsection (a), and a student successfully completes the vocational school program, then the student |
11 | shall receive apprentice credit, to be applied against a state-certified apprenticeship program |
12 | requirement set forth by the state apprenticeship council pursuant to § 28-45-13, for one hundred |
13 | forty-four (144) hours of apprenticeship classroom training. |
14 | SECTION 14. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- APPRENTICESHIPS | |
*** | |
1 | This act would comprehensively amend the state’s apprenticeship statutes to make them |
2 | more consistent with applicable federal regulations and to make them easier to understand and more |
3 | consistent with each other. |
4 | This act would take effect upon passage. |
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