2023 -- H 6287 | |
======== | |
LC002708 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
____________ | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- ELECTRICIANS | |
| |
Introduced By: Representatives Slater, and Diaz | |
Date Introduced: April 19, 2023 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 5-6-24 and 5-6-24.1 of the General Laws in Chapter 5-6 entitled |
2 | "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 | registered apprentice electrician working with and under the direct personal supervision of a an |
6 | appropriately licensed journeyperson electrician. Additionally, this chapter does not forbid the |
7 | employment of: (1) One properly registered apprentice burnerperson working with and under the |
8 | direct personal supervision of a licensed burnerperson; (2) One properly registered apprentice fire |
9 | alarm installer working with and under the direct personal supervision of a licensed fire alarm |
10 | installer; (3) Two (2) properly registered apprentice electrical sign installers 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 Class M license holder; or (5) One properly registered |
14 | apprentice lightning-protection installer working with and under the direct personal supervision of |
15 | a licensed lightning-protection installer (LPI). Apprentices are required to register with the division |
16 | of professional regulation immediately upon employment with a properly licensed electrical |
17 | contractor or lightning-protection contractor. |
18 | (b) Indentured Registered apprentice electricians are required to work a minimum of eight |
19 | thousand (8,000) hours over a period of time of not less than four (4) years and successfully |
| |
1 | complete one hundred forty-four (144) hours of related instruction per year in an indentured a |
2 | registered apprenticeship program approved by the Rhode Island department of labor and training, |
3 | to qualify for the journeyperson “B” electrician examination; provided, however, registered |
4 | apprentices may receive credit for one hundred forty-four (144) hours of classroom training gained |
5 | in a vocational school authorized by the board of education, or a maximum of two hundred eighty- |
6 | eight (288) hours of classroom training gained over two (2) academic years (one hundred forty- |
7 | four (144) per academic year), upon the successful completion of a course of study in a fully |
8 | accredited trade school that has been approved by the Rhode Island office of postsecondary |
9 | commissioner and by the Rhode Island department of labor and training apprenticeship council. |
10 | Provided, that the test applicant has possessed, for at least four (4) years prior to the filing of the |
11 | application, a certificate of registration in full force and effect from the department of labor and |
12 | training of Rhode Island specifying the person as an indentured a registered apprentice, and the |
13 | application of an applicant is accompanied by an affidavit or affidavits of his or her employer or |
14 | former employers or other reasonably satisfactory evidence showing that the applicant has been |
15 | actually engaged in eight thousand (8,000) hours of electrical work as an a registered apprentice in |
16 | Rhode Island during those four (4) years; or the application is accompanied by an affidavit or other |
17 | reasonably satisfactory evidence showing that the applicant has successfully completed a course of |
18 | study in a recognized college or university and has pursued a course of electrical technology for at |
19 | least two (2) academic years or is the recipient of an associate degree in electrical technology, and |
20 | has thereafter been indentured registered by the department of labor and training as an apprentice |
21 | for at least four (4) years and employed as an indentured a registered apprentice while supervised |
22 | by a duly licensed journeyperson electrician employed under a master in this state for a period of |
23 | four (4) years; or a showing that the applicant possesses a certificate of license issued under the |
24 | laws of another state, based on training equal to that required by the state of Rhode Island. Limited- |
25 | registered apprentice electricians shall be required to work a minimum of four thousand (4,000) |
26 | hours over a period of time of not less than two (2) years. |
27 | (c) Indentured Registered apprentice maintenance electricians are required to work a |
28 | minimum of six thousand (6,000) hours over a period of time of not less than three (3) years and |
29 | successfully complete one hundred forty-four (144) hours of related instruction per year in an |
30 | indentured a registered apprenticeship program approved by the Rhode Island department of labor |
31 | and training, to qualify for the journeyperson “M” electrician examination. Provided, however, that |
32 | the test applicant has possessed for at least three (3) years prior to the filing of the application a |
33 | certificate of registration in full force and effect from the department of labor and training |
34 | specifying the person as an indentured a registered apprentice, and the application of an applicant |
| LC002708 - Page 2 of 27 |
1 | is accompanied by an affidavit or affidavits of his or her employer or former employers or other |
2 | reasonably satisfactory evidence showing that the applicant has been actually engaged in electrical |
3 | work as an apprentice in Rhode Island during those three (3) years as outlined in the registered |
4 | apprenticeship program standards. Class M journeyperson electricians may qualify to take the |
5 | journeyperson “B” electrician examination upon registering as a fourth-year apprentice and |
6 | becoming working under the supervision of journeyperson "B" electrician while employed by a |
7 | properly licensed Class A electrical contractor that sponsors, or participates in, an appropriately- |
8 | designed registered apprenticeship program for that period of time. |
9 | (d) Apprentice Registered apprentice lightning-protection installers are required to work a |
10 | minimum of four thousand (4,000) hours over a period of time of not less than two (2) years in a |
11 | registered apprenticeship program approved by the Rhode Island department of labor and training |
12 | to qualify for the lightning-protection installer (LPI) examination. Provided, that the test applicant |
13 | has possessed for at least two (2) years prior to the filing of the application a certificate of |
14 | registration in full force and effect from the department of labor and training specifying the person |
15 | as an apprentice lightning-protection installer, and the application of an applicant is accompanied |
16 | by an affidavit or affidavits of his or her employer or former employers or other reasonably |
17 | satisfactory evidence showing that the applicant has been actually engaged in lightning-protection |
18 | work as an apprentice during those two (2) years as outlined in the registered apprenticeship |
19 | program standards. |
20 | 5-6-24.1. Apprentices certified by other states Apprentices registered in other states. |
21 | Any apprentice electrician holding an apprentice certificate, license, or equivalent |
22 | document issued by another state shall register with and obtain the approval of the division of |
23 | professional regulation in the department of labor and training prior Prior to being permitted to |
24 | work or serve as an electrician’s apprentice in this state, any apprentice electrician registered by |
25 | another registration agency in a neighboring state shall obtain reciprocal recognition from the |
26 | Rhode Island department of labor and training pursuant to § 28-45-16. Provided, no approval shall |
27 | be granted unless the applicant demonstrates to the board that the applicant is currently enrolled in |
28 | one hundred forty-four (144) hours of electrical-related classroom instruction per year for not less |
29 | than four (4) years in an indentured apprenticeship program approved by the department of labor |
30 | and training. |
31 | SECTION 2. Chapter 5-6 of the General Laws entitled "Electricians" is hereby amended |
32 | by adding thereto the following sections: |
33 | 5-6-24.2. Apprentices - Exam requirements. |
34 | To be eligible applicants for electrical licensing exams, apprentices shall complete an |
| LC002708 - Page 3 of 27 |
1 | applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts |
2 | of completed related instruction and work record books from employer(s), or other reasonably |
3 | satisfactory evidence, to document completion of a registered apprenticeship program appropriate |
4 | to the license being applied for. |
5 | 5-6-24.3. Credit for electrical license exams. |
6 | (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior |
7 | learning or experience pursuant to §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written |
8 | approval of the electrical board of examiners of the Rhode Island department of labor and training. |
9 | Registered apprentices may receive credit for one hundred forty-four (144) hours of classroom |
10 | training gained in a vocational school authorized by the board of education, or a maximum of two |
11 | hundred eighty-eight (288) hours of classroom training gained over two (2) academic years (one |
12 | hundred forty-four (144) hours per academic year), upon the successful completion of a course of |
13 | study in a fully accredited trade school that has been approved by the Rhode Island office of |
14 | postsecondary commissioner and by the Rhode Island department of labor and training |
15 | apprenticeship council. |
16 | (b) For licensing purposes, on-the-job learning hours required as part of a registered |
17 | apprenticeship program by license type are as follows: |
18 | (1) At minimum, an electrician apprenticeship program for a Class B license shall include |
19 | eight thousand (8,000) hours of on-the-job learning. |
20 | (2) At minimum, a maintenance electrician apprenticeship program for a Class M license |
21 | shall include six thousand (6,000) hours of on-the-job learning. |
22 | (3) At minimum, a lightning protection installer apprenticeship program shall include four |
23 | thousand (4,000) hours of on-the-job learning. |
24 | (4) All registered apprenticeship programs shall include one hundred forty-four (144) hours |
25 | of related instruction, including, but not limited to, classroom training, provided concurrently with |
26 | each two thousand (2,000) hours period of on-the-job learning. |
27 | SECTION 3. Sections 5-20-4.1, 5-20-5, 5-20-10, 5-20-17, 5-20-17.1, 5-20-17.2 and 5-20- |
28 | 25 of the General Laws in Chapter 5-20 entitled "Plumbers, Irrigators, and Water System Installers" |
29 | are hereby amended to read as follows: |
30 | 5-20-4.1. “Apprentice irrigator” defined. |
31 | “Apprentice irrigator,” as used in this chapter, means a person hired to perform all phases |
32 | of an irrigation project and registered as an apprentice pursuant to § 28-45-13 working under the |
33 | supervision of a master irrigation licensee or a licensed journeyperson irrigator for a period of one |
34 | year. |
| LC002708 - Page 4 of 27 |
1 | 5-20-5. “Apprentice plumber” defined. |
2 | “Apprentice plumber,” as used in this chapter, means any employee registered as an |
3 | apprentice pursuant to § 28-45-13, whose principal occupation is service with a master plumber |
4 | with a view to learning the art or trade of maintenance, installation, or repair of plumbing, as defined |
5 | in § 5-20-2. |
6 | 5-20-10. Work for which apprentice certificate required. |
7 | No person shall engage to work as an apprentice plumber, unless that person possesses and |
8 | carries on his or her person at all times while engaged, a certificate of registration in full force and |
9 | effect from the department of labor and training specifying that person as has registered as an |
10 | apprentice plumber, an apprentice irrigator, or an apprentice water-filtration/treatment-system |
11 | installer pursuant to § 28-45-13. |
12 | 5-20-17. Qualifications of journeyperson — Application fee. |
13 | (a) No application for a journeyperson’s license shall be filed at the department of labor |
14 | and training nor shall any applicant be permitted to take the examination for a license as a |
15 | journeyperson plumber, unless: |
16 | (1) The application is accompanied by a nonrefundable application fee of seventy-five |
17 | dollars ($75.00); and |
18 | (2) The applicant shall have possessed, for at least four (4) years prior to the filing of the |
19 | application, a certificate of registration in full force and effect from the department of labor and |
20 | training specifying that person as a registered apprentice plumber pursuant to § 28-45-13 and the |
21 | application of that applicant is accompanied with an affidavit or affidavits of his or her employer |
22 | or former employers or other reasonably satisfactory evidence showing that the applicant has been |
23 | actually engaged in plumbing work as an apprentice plumber in the state of Rhode Island for eight |
24 | thousand (8,000) hours of on-the-job training during a five-year (5) period, which shall include the |
25 | successful completion of five hundred seventy-six (576) hours of related instruction at a training |
26 | program recognized by the department of labor and training; provided, however, the apprentice |
27 | may receive credit for one hundred forty-four (144) hours of classroom training applied against the |
28 | five hundred seventy-six (576) hours required pursuant to this section, gained in a vocational school |
29 | authorized by the council on elementary and secondary education; and approved by the Rhode |
30 | Island department of labor and training state apprenticeship council. |
31 | (3) The application is accompanied with an affidavit or other reasonably satisfactory |
32 | evidence showing that the applicant has been a registered student in a recognized college, |
33 | university, or trade school and has pursued a course of plumbing or sanitary engineering for at least |
34 | two (2) academic years; or |
| LC002708 - Page 5 of 27 |
1 | (4) The applicant is the recipient of an associate degree in either plumbing or sanitary |
2 | engineering, and has been registered by the department of labor and training as an apprentice |
3 | plumber for at least two (2) years and at all times while being employed as a registered apprentice |
4 | plumber by a duly licensed master plumber in this state for a period of two (2) years; or |
5 | (5) The application is accompanied by an affidavit or other reasonably satisfactory |
6 | evidence showing that the applicant possesses a certificate of license, issued under the laws of |
7 | another state, provided that the requirements are the same as the state specifying that person as a |
8 | journeyperson plumber. |
9 | (6) The records of the hours of on-the-job training and the hours of related instruction |
10 | completed as part of the registered apprenticeship program pursuant to § 28-45-9 should be |
11 | maintained in a mutually responsible manner, through a joint effort on the part of the master |
12 | plumber and the apprentice and provided as part of the application. |
13 | (7) The completed application is to be filed with the department at least fifteen (15) days |
14 | prior to the examination date. |
15 | 5-20-17.1. Qualifications of journeyperson irrigator -- Application fee. |
16 | No application for a journeyperson’s license shall be filed at the department of labor and |
17 | training nor shall any applicant be permitted to take the examination for a license as a journeyperson |
18 | irrigator unless: |
19 | (1) The application is accompanied with the nonrefundable application fee of seventy-five |
20 | dollars ($75.00); and |
21 | (2) The applicant possesses a current apprentice certificate pursuant to § 28-45-13 for a |
22 | period of one year before application for journeyperson irrigator is made. |
23 | 5-20-17.2. Qualifications of journeyperson water-filtration/treatment-system installer |
24 | -- Application fee. |
25 | No application for a journeyperson’s license shall be filed at the department of labor and |
26 | training nor shall any applicant be permitted to take the examination for a license as a journeyperson |
27 | water-filtration/treatment-system installer unless: |
28 | (1) The application is accompanied with the nonrefundable application fee of seventy-five |
29 | dollars ($75.00); and |
30 | (2) The applicant possesses a current apprentice certificate pursuant to § 28-45-13 for a |
31 | period of one year before application for journeyperson water-filtration/treatment-system installer |
32 | is made. |
33 | 5-20-25. Registration of apprentices. |
34 | (a) Any person who has agreed to work a minimum of eight thousand (8,000) hours over a |
| LC002708 - Page 6 of 27 |
1 | period of time of not less than five (5) years under the direct supervision and instruction of a master |
2 | plumber or journeyperson plumber as an apprentice to learn the plumbing business, and that |
3 | agreement is approved by the division of professional regulation, shall be registered by the director |
4 | of the department of labor and training and have issued to him or her a certificate showing that |
5 | person to be a registered apprentice pursuant to § 28-45-13. |
6 | (b) Any person who has agreed to work a minimum of two thousand (2,000) hours over a |
7 | period of time of not less than one year under the direct supervision and instruction of a master |
8 | irrigator or a journeyperson irrigator as an apprentice to learn the irrigation business, and that |
9 | agreement is approved by the division of professional regulation, shall be registered by the director |
10 | of the department of labor and training and have issued to him or her a certificate showing that |
11 | person to be a registered apprentice pursuant to § 28-45-13. |
12 | (c) Any person who has agreed to work a minimum of two thousand (2,000) hours over a |
13 | period of time of not less than one year, under the direct supervision and instruction of a master |
14 | water-filtration/treatment-system installer or a journeyperson water-filtration/treatment-system |
15 | installer, as an apprentice to learn the water-filtration/treatment business, and that agreement is |
16 | approved by the division of professional regulation, shall be registered by the director of the |
17 | department of labor and training and have issued to him or her a certificate showing that person to |
18 | be a registered apprentice pursuant to § 28-45-13. |
19 | SECTION 4. Chapter 5-20 of the General Laws entitled "Plumbers, Irrigators, and Water |
20 | System Installers" is hereby amended by adding thereto the following sections: |
21 | 5-20-25.1. Apprentices -- Exam requirements. |
22 | To be eligible applicants for plumbing licensing exams, apprentices shall complete an |
23 | applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts |
24 | of completed related instruction and work record books from employer(s), or other reasonably |
25 | satisfactory evidence, to document completion of a registered apprenticeship program appropriate |
26 | to the license being applied for. |
27 | 5-20-25.2. Credit for plumbing license exam. |
28 | (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior |
29 | learning or experience pursuant §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written |
30 | approval of the state board of plumbing examiners of the Rhode Island department of labor and |
31 | training. Apprentices may receive credit for one hundred forty-four (144) hours of classroom |
32 | training gained in a career and technical education program authorized by the board of education, |
33 | or a maximum of two hundred eighty-eight (288) hours of classroom training gained over two (2) |
34 | academic years (one hundred forty-four (144) hours per academic year), upon the successful |
| LC002708 - Page 7 of 27 |
1 | completion of a course of study in a fully accredited trade school that has been approved by the |
2 | Rhode Island office of postsecondary commissioner and by the Rhode Island department of labor |
3 | and training apprenticeship council. |
4 | (b) For licensing purposes, on-the-job learning hours required as part of a registered |
5 | apprenticeship program by license type are as follows: |
6 | (1) At minimum, a plumbing apprenticeship program shall include eight thousand (8,000) |
7 | hours of on-the-job learning. |
8 | (2) At minimum, an irrigator apprenticeship program shall include two thousand (2,000) |
9 | hours of on-the-job learning. |
10 | (3) At minimum, a water filtration/treatment-system apprenticeship program shall include |
11 | two thousand (2,000) hours of on-the-job learning. |
12 | (4) All registered apprenticeship programs shall include one hundred forty-four (144) hours |
13 | of related instruction, including, but not limited to, classroom training, provided concurrently with |
14 | each two thousand (2,000) hours period of on-the-job learning. |
15 | SECTION 5. Section 5-70-5 of the General Laws in Chapter 5-70 entitled |
16 | "Telecommunications" is hereby amended to read as follows: |
17 | 5-70-5. Form of license and registration. |
18 | Three (3) major forms of license shall be issued with the two (2) higher licenses carrying |
19 | certification for one or more of the four (4) category(s), as defined within this chapter, for which |
20 | qualified: |
21 | (1) Telecommunications system contractor.(i) TSC license shall be issued to any person |
22 | qualified under this chapter representing themselves, individually, or a firm or corporation |
23 | engaging in, or about to engage in, the business of designing, installing, altering, servicing, and/or |
24 | testing telecommunications systems. |
25 | (ii) Qualification shall be evidenced by passing the examination(s) for any or all of the |
26 | categories of telecommunications systems described in this chapter, and applicants who hold an |
27 | equivalent out-of-state license, as determined by this board, issued by another state shall be allowed |
28 | to take the Rhode Island form TSC license examination. Applicants for TSC license who hold no |
29 | equivalent form of TSC license issued in another state and show evidence of three (3) years of |
30 | verifiable and continuous contracting experience, immediately preceding the date of application |
31 | and are registered to conduct business in the state of Rhode Island, will be allowed to take the |
32 | Rhode Island form of TSC examination. Applicants who do not meet these qualifications shall have |
33 | been licensed as a Rhode Island telecommunication systems technician for a minimum of three (3) |
34 | consecutive years, immediately preceding the date of application, in order to qualify to take the |
| LC002708 - Page 8 of 27 |
1 | TSC examination, and shall have been registered to conduct business in the state of Rhode Island. |
2 | (iii) The holding of a TSC license shall entitle the holder individually to contract for, |
3 | engage in, and/or perform the actual work of designing, installing the type(s) of |
4 | telecommunications systems for which they were granted certification. No individual shall be |
5 | required to hold more than one form of license. |
6 | (2) Telecommunications systems technician.(i) TST license shall be issued to any person |
7 | who passes the examination(s) as defined within this chapter for any or all of the categories of |
8 | telecommunications systems described in this chapter. |
9 | (ii) The holding of a TST license shall entitle the holder individually to perform the actual |
10 | work of installing, altering, servicing, and/or testing the type(s) of telecommunications systems for |
11 | which they were granted certification. All the work performed shall be under the supervision of the |
12 | holder of a TSC license. |
13 | (3) Telecommunications system limited installer.(i) TSLI license shall be issued to any |
14 | person who passes the examination as defined within this chapter and as described in this section. |
15 | (ii) The holding of a TSLI license shall entitle the holder to perform the actual work of |
16 | installation of wiring, low-voltage surface raceway, enclosures, and wiring devices directly |
17 | associated with a telecommunications system. Connection to, installation of, or servicing of |
18 | telecommunications devices shall only be performed under the direct supervision of a holder of a |
19 | TST or TSC license. |
20 | (4) Trainee/telecommunications apprentice.(i) Registered trainees/telecommunications |
21 | telecommunications apprentices pursuant to § 28-45-13 may be employed to perform the actual |
22 | work of installation of wiring, low-voltage surface raceway, enclosures, and wiring devices directly |
23 | associated with a telecommunications system under the direct supervision of a holder of a TST or |
24 | TSC license. |
25 | (ii) Trainees/telecommunication apprentices shall be required to register with the licensing |
26 | authority Rhode Island department of labor and training subsequent to employment by a person, |
27 | firm, or corporation licensed as a TSC under this chapter; and prior to being permitted to perform |
28 | any actual installation work. |
29 | (iii) The registered trainee/telecommunication telecommunication apprentice shall not be |
30 | permitted to make connection to, install, or service telecommunications devices. No more than two |
31 | (2) registered trainees/telecommunication telecommunication apprentices can be directly |
32 | supervised by a single TSC or TST license holder. |
33 | SECTION 6. Chapter 28-4 of the General Laws entitled "Indenture of Apprentices" is |
34 | hereby repealed in its entirety. |
| LC002708 - Page 9 of 27 |
1 | CHAPTER 28-4 |
2 | Indenture of Apprentices |
3 | 28-4-1. Power of minor to execute indenture. |
4 | Any minor being sixteen (16) years of age or over, or who, being under sixteen (16) years |
5 | of age, has a limited permit to work given him or her by or under the direction of the school |
6 | committee where the minor resides under the provisions of chapter 3 of this title, may, by execution |
7 | of an indenture, bind himself or herself as provided in this chapter, for a term of service of not less |
8 | than one year. |
9 | 28-4-2. Parties to sign indenture. |
10 | Every indenture shall be signed: |
11 | (1) By the minor; |
12 | (2) By the parents, or either one of them, as the natural guardians or guardian of the minor; |
13 | or by the duly appointed legal guardian of the person, or of the person and estate of the minor, if |
14 | any; or by the person having the legal custody of the minor; |
15 | (3) By the employer. |
16 | 28-4-3. Contents of indenture. |
17 | Every indenture shall contain: |
18 | (1) The names of the parties; |
19 | (2) The date of birth of the minor; |
20 | (3) A statement of the trade, craft, or business which the minor is to be taught; |
21 | (4) An agreement that a certificate shall be given to the apprentice at the conclusion of his |
22 | or her indenture, stating that he or she has completed the apprenticeship under the indenture. |
23 | 28-4-4. Deeds in triplicate. |
24 | In every case there shall be three (3) deeds in the same form and tenor, executed by all |
25 | parties, one to be kept by each party. |
26 | 28-4-5. Effect of indenture as against parties. |
27 | All indentures made in accordance with the provisions of §§ 28-4-1 — 28-4-4 shall be |
28 | good and effectual in law against all parties and the minor engaged by them, according to their |
29 | tenor, except as to any of their provisions that the court, in which any suit or controversy relating |
30 | to the articles of indenture may be heard, shall determine to be unjust or unreasonable. |
31 | 28-4-6. Petition or complaint for breach of indenture — Summons. |
32 | Whenever a petition or complaint in writing and under oath is made to any judge of the |
33 | district court that any master or apprentice, within a division where the court is situated, has |
34 | willfully neglected or refused to comply with or perform the terms and provisions of any indenture, |
| LC002708 - Page 10 of 27 |
1 | the judge, if satisfied that there is a reasonable cause for the petition or complaint, shall issue a |
2 | summons requiring the master or apprentice to appear before the court at a time and place named |
3 | in the summons to answer relative to the petition or complaint. The petitioner or complainant shall |
4 | cause the summons to be served by some officer qualified to serve civil process upon the person |
5 | complained of at least six (6) days before the time set for appearance and hearing by reading the |
6 | summons to the person to be served, or by leaving an attested copy of it with the person to be served |
7 | in his or her hands and possession, or at his or her last and usual place of abode with some person |
8 | living there, or if the person to be served is a corporation, then, by leaving an attested copy of the |
9 | summons with some officer of the corporation or at the office of the corporation with some person |
10 | employed there. |
11 | 28-4-7. Determination of petition or complaint — Enforcement of order. |
12 | Upon the hearing of a petition or complaint, the court may determine the controversy or |
13 | matter complained of in a summary way, and discharge either party from the indenture and contract |
14 | of apprenticeship, and may make any further order in the premises that the case may require and |
15 | seems proper to the court. Any neglect or failure of any person, against whom any order is made, |
16 | to do, perform, or comply with the order shall be contempt of court, and the court may enforce its |
17 | order by proceedings for contempt. |
18 | SECTION 7. Sections 28-27-4.1, 28-27-4.2, 28-27-4.3, 28-27-5.1, 28-27-5.2, 28-27-11, |
19 | 28-27-17 and 28-27-18 of the General Laws in Chapter 28-27 entitled "Mechanical Trades" are |
20 | hereby amended to read as follows: |
21 | 28-27-4.1. “Journeyperson refrigeration technician” defined. |
22 | “Journeyperson refrigeration technician” means any person who has completed a five-year |
23 | (5) apprentice an appropriate ten thousand (10,000) hour registered apprenticeship program in |
24 | accordance with chapter 45 of title 28, and/or and has passed a refrigeration technician examination |
25 | and who by him or herself does work in refrigeration/air conditioning subject to provisions of this |
26 | chapter and the rules, regulations, and licensing criteria promulgated hereunder. |
27 | 28-27-4.2. “Journeyperson pipefitter,” “journeyperson sheet metal worker,” and |
28 | “journeyperson sprinkler fitter” defined. |
29 | (a) “Journeyperson pipefitter” means any person who has completed a five-year (5) |
30 | apprentice an appropriate ten thousand (10,000) hour registered apprenticeship program in |
31 | accordance with chapter 45 of title 28, and/or and has passed a journeyperson examination and who |
32 | by himself or herself does work on pipefitting systems subject to provisions of this chapter. The |
33 | rules, regulations, and licensing criteria guide promulgated under this chapter referencing Class II |
34 | limited journeyperson licenses shall require completion of an accepted formal technical program |
| LC002708 - Page 11 of 27 |
1 | approved by the department of labor and training. |
2 | (b) “Journeyperson sheet metal worker” means any person who has completed a four-year |
3 | (4) an appropriate eight thousand (8,000) hour registered apprentice apprenticeship program in |
4 | accordance with chapter 45 of title 28, and/or and has passed a journeyperson sheet metal worker |
5 | examination and who by him or herself does sheet metal work subject to provisions of this chapter |
6 | and the rules, regulations, and licensing criteria promulgated under this chapter. |
7 | (c) “Journeyperson sprinkler fitter” means any person who has completed a four-year (4) |
8 | an appropriate eight thousand (8,000) hour registered apprentice apprenticeship program in |
9 | accordance with chapter 45 of title 28, and/or and has passed a journeyperson sprinkler fitter |
10 | examination and who by him or herself does work in fire protection sprinkler systems subject to |
11 | provisions of this chapter and the rules, regulations, and licensing criteria promulgated under this |
12 | chapter. |
13 | 28-27-4.3. “Journeyperson sheet metal worker apprentice,” “journeyperson |
14 | sprinkler fitter apprentice,” “pipefitter apprentice,” and “refrigeration/air conditioning |
15 | apprentice” defined -- Duration of apprentice programs "Sheet metal worker apprentice," |
16 | "sprinkler fitter apprentice," "pipefitter apprentice," and "refrigerator/air conditioning |
17 | apprentice" defined -- Duration of apprentice programs. |
18 | (a) “Journeyperson sheet Sheet metal worker apprentice” means any person at least |
19 | eighteen (18) years of age who is learning or working at the businesses of sheet metal work under |
20 | the direct supervision of a sheet metal contractor or journeyperson sheet metal worker under a |
21 | registered state sanctioned apprentice program as a registered apprentice in an appropriate |
22 | apprenticeship program registered in accordance with chapter 45 of title 28. |
23 | (b) “Journeyperson sprinkler Sprinkler fitter apprentice” means any person at least eighteen |
24 | (18) years of age who is learning or working at the business of fire protection sprinkler systems |
25 | under the direct supervision of a master or journeyperson sprinkler fitter under a registered state |
26 | sanctioned apprentice program as a registered apprentice in an appropriate apprenticeship program |
27 | registered in accordance with chapter 45 of title 28. |
28 | (c) “Pipefitter apprentice” means any person at least eighteen (18) years of age who is |
29 | learning or working at the business of pipefitting under the direct supervision of a master pipefitter |
30 | or journeyperson pipefitter under a registered state sanctioned apprentice program as a registered |
31 | apprentice in an appropriate apprenticeship program registered in accordance with chapter 45 of |
32 | title 28. |
33 | (d) Pipefitter, refrigeration, sprinkler fitter, and sheet metal worker apprentice programs |
34 | are of a five-year (5) duration, except as detailed in § 28-27-4.2, for all Class II limited licenses. |
| LC002708 - Page 12 of 27 |
1 | (e) “Refrigeration/air conditioning apprentice” means any person at least eighteen (18) |
2 | years of age who is learning and working at the business of refrigeration/air conditioning under the |
3 | direct supervision of a refrigeration/air conditioning master or journeyperson under a registered |
4 | state sanctioned apprentice program as a registered apprentice in an appropriate apprenticeship |
5 | program registered in accordance with chapter 45 of title 28. |
6 | 28-27-5.1. Practices for which a journeyperson or apprentice license required. |
7 | (a) No person shall engage to work as a pipefitter, refrigeration/air conditioning, or |
8 | sprinkler fitter journeyperson or apprentice, or journeyperson sheet metal worker or apprentice, or |
9 | shall advertise or represent in any form or matter that he or she is a journeyperson or apprentice, |
10 | unless that person possesses and carries on his or her person at all times while so engaged a valid |
11 | license issued by the department of labor and training qualifying that person as a journeyperson or |
12 | registered apprentice pursuant to § 28-45-13. |
13 | (b) A person holding a valid license under this chapter shall not be required to obtain an |
14 | additional license under this chapter to perform sheet metal work when AC air handling equipment |
15 | is ten (10) tons or less or when heating equipment does not exceed 250,000 BTUs. |
16 | (c) A holder of a journeyperson license shall only be entitled to work as an employee of |
17 | the properly licensed master permit holder in accordance with this chapter. |
18 | 28-27-5.2. Issuance of P.J.F. journeyperson oil burnerperson’s license. |
19 | (a) Any person who has previously qualified for the electrician’s F certificate and the P.J.F. |
20 | II limited to oil individually, and presently holds both licenses, may convert to the single P.J.F. |
21 | limited journeyperson II oil burnerperson’s license by application to the division on an approved |
22 | application and with payment of the applicable fee as detailed in this section. This licensee cannot |
23 | be self-employed and is limited to domestic oil burner service work, burner, tank, and oil line |
24 | installation. Persons seeking an initial P.J.F. limited journeyperson II oil burner license must show |
25 | proof of completion of a trade sponsored program or a trade related program offered by a |
26 | recognized college. All programs must have prior approval of the department of labor and training |
27 | before licenses are issued. |
28 | (b) The person seeking P.J.F. licensing must be employed by a master pipefitting contractor |
29 | class II as detailed under § 28-27-4. |
30 | (c) The above provisions are similar for most limited licenses under this chapter. |
31 | (d) Fees shall be as follows: |
32 | (1) Apprenticeship fee is thirty dollars ($30.00) with birth-month licensing; |
33 | (2) License fee is seventy-two dollars ($72.00) with birth-month licensing; |
34 | (3) Renewal fee is seventy-two dollars ($72.00) with birth-month licensing; |
| LC002708 - Page 13 of 27 |
1 | (e) The fees collected shall be deposited as general revenues. |
2 | 28-27-11. Journeyperson license — Test fees — License fees and qualifications — |
3 | Filing deadline for journeyperson. |
4 | (a) No application for a journeyperson’s test shall be filed by the department nor shall any |
5 | applicant be permitted to take the examination for a license as a journeyperson unless: |
6 | (1) The test application is accompanied by a test fee as outlined in § 28-27-17; |
7 | (2) Upon passing of a journeyperson test, payment of a license fee as outlined in § 28-27- |
8 | 17 is required and the journeyperson license will be issued as provided in § 28-27-15; and |
9 | (3) The applicant has possessed for at least five (5) years prior to the filing of the |
10 | application a certificate of registration in full force and effect from the department of labor and |
11 | training specifying the person as a registered apprentice pursuant to § 28-45-13, and the application |
12 | of an applicant: |
13 | (i) Is accompanied by an affidavit or affidavits of his or her employer or former employers |
14 | or other reasonably satisfactory evidence showing that the applicant has been actually engaged in |
15 | pipefitting or refrigeration/air conditioning, sheet metal or fire protection sprinkler systems work |
16 | as an apprentice registered for at least ten thousand (10,000) hours in the state of Rhode Island |
17 | during those five (5) years; |
18 | (ii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that |
19 | the applicant has been registered as a student in a recognized college, university, or trade school |
20 | and has pursued a course of pipefitting or refrigeration/air conditioning, sheet metal or fire |
21 | protection sprinkler systems for at least two (2) academic years or is the recipient of an associate |
22 | degree in pipefitting or refrigeration/air conditioning or fire protection sprinkler systems, and has |
23 | thereafter been registered by the department of labor and training as an apprentice for at least three |
24 | (3) years and employed as a registered apprentice by a duly licensed pipefitter or refrigeration/air |
25 | conditioning or fire protection sprinkler systems master or sheet metal contractors in this state for |
26 | a period of three (3) years; or |
27 | (iii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that |
28 | the applicant possesses a certificate of license issued under the laws of another state specifying that |
29 | person as a journeyperson; and |
30 | (4) The licensing authority may grant an exemption to the requirements of subsection (a)(3) |
31 | on the basis of past experience. |
32 | (b) The test application is to be filed with the department at least fifteen (15) days prior to |
33 | the examination date. |
34 | 28-27-17. Test fees — License fees — Expiration and renewal of licenses. |
| LC002708 - Page 14 of 27 |
1 | (a) All licenses issued to the pipefitters/refrigeration technicians and fire protection |
2 | sprinkler contractor/sprinkler fitters and sheet metal contractor or journeyperson sheet metal worker |
3 | detailed in this section shall be paid for as follows: |
4 | TEST LICENSE RENEWAL |
5 | Master Mechanical Contractor -- 480.00 480.00 |
6 | Contractor Master 75.00 240.00 240.00 |
7 | Pipefitter Master I 75.00 240.00 240.00 |
8 | Pipefitter Master II 75.00 96.00 96.00 |
9 | Refrigeration Master I 75.00 240.00 240.00 |
10 | Refrigeration Master II 75.00 96.00 96.00 |
11 | Pipefitter Journeyperson I 75.00 72.00 72.00 |
12 | Pipefitter Journeyperson II 75.00 60.00 60.00 |
13 | Refrigeration Journeyperson I 75.00 72.00 72.00 |
14 | Refrigeration Journeyperson II 75.00 60.00 60.00 |
15 | Apprentices (annual fee) -- 24.00 24.00 |
16 | Fire Protection Sprinkler |
17 | Fitters Master I 75.00 240.00 240.00 |
18 | Fire Protection Sprinkler |
19 | Fitters Journeyperson I 75.00 72.00 72.00 |
20 | Sheet Metal Contractor 75.00 240.00 240.00 |
21 | Sheet Metal Worker |
22 | Journeyperson 75.00 72.00 72.00 |
23 | (b) Apprenticeship renewal fees shall be paid on an annual basis. |
24 | (c) Every license issued by the division of professional regulation to license holders born |
25 | in odd years shall expire on the birthday of the individual qualifying for the license in odd years |
26 | and all licenses issued by the division of professional regulation to license holders born in even |
27 | years shall expire on the birthday of the individual qualifying for the license in even years and all |
28 | licenses may be renewed on or before their expiration date, upon payment of the appropriate fee. |
29 | If any credit is due in the initial changeover year the amount of credit shall be determined by the |
30 | chief administrator of the division. |
31 | 28-27-18. Registration of apprentices. |
32 | (a) Any person who has agreed to work under the supervision of a licensed pipefitter, |
33 | refrigeration/air conditioning, sprinkler fitter, or sheet metal master under a state-sanctioned an |
34 | apprenticeship program shall be registered by the director of labor and training and registered with |
| LC002708 - Page 15 of 27 |
1 | the Rhode Island department of labor and training shall be issued a certificate of apprenticeship |
2 | pursuant to § 28-45-13. |
3 | (b) The minimum formal training period for a P.J.F. limited class II license shall be one |
4 | hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the |
5 | department of labor and training. The fee schedules for the P.J.F. limited license are detailed in § |
6 | 28-27-5.2. All other sections of this chapter shall remain in full force and effect. |
7 | SECTION 8. Chapter 28-27 of the General Laws entitled "Mechanical Trades" is hereby |
8 | amended by adding thereto the following sections: |
9 | 28-27-18.1. Apprentices -- Exam requirements. |
10 | To be eligible applicants for mechanical licensing exams, apprentices shall complete an |
11 | applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts |
12 | of completed related instruction and work record books from employer(s), or other reasonably |
13 | satisfactory evidence, to document completion of a registered apprenticeship program appropriate |
14 | to the license being applied for. |
15 | 28-27-18.2. Credit for mechanical license exams. |
16 | (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior |
17 | learning or experience pursuant to §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written |
18 | approval of the state mechanical board of the Rhode Island department of labor and training. |
19 | Registered apprentices may receive credit for one hundred forty-four (144) hours of classroom |
20 | training gained in a career and technical education program authorized by the board of education, |
21 | or a maximum of two hundred eighty-eight (288) hours of classroom training gained over two (2) |
22 | academic years (one hundred forty-four (144) hours per academic year), upon the successful |
23 | completion of a course of study in a fully accredited trade school that has been approved by the |
24 | Rhode Island office of postsecondary commissioner and by the Rhode Island department of labor |
25 | and training apprenticeship council. |
26 | (b) For licensing purposes, on-the-job learning hours required as part of a registered |
27 | apprenticeship program by license type are as follows: |
28 | (1) At minimum, a pipefitter I apprenticeship program shall include ten thousand (10,000) |
29 | hours of on-the-job learning. |
30 | (2) At minimum, a pipefitter II apprenticeship program shall include four thousand (4,000) |
31 | hours of on-the-job learning. |
32 | (3) At minimum, a refrigeration I apprenticeship program shall include ten thousand |
33 | (10,000) hours of on-the-job learning. |
34 | (4) At minimum, a refrigeration II apprenticeship program shall include four thousand |
| LC002708 - Page 16 of 27 |
1 | (4,000) hours of on-the-job learning. |
2 | (5) At minimum, a sprinkler fitter/fire protection apprenticeship program shall include ten |
3 | thousand (10,000) hours of on-the-job learning. |
4 | (6) At minimum, a sheet metal worker I apprenticeship program shall include eight |
5 | thousand (8,000) hours of on-the-job learning. |
6 | (7) At minimum, a sheet metal worker II apprenticeship program shall include four |
7 | thousand (4,000) hours of on-the-job learning. |
8 | (8) All registered apprenticeship programs shall include one hundred forty-four (144) hours |
9 | of related instruction, including, but not limited to, classroom training, provided concurrently with |
10 | each two thousand (2,000) hours period of on-the-job learning. |
11 | SECTION 9. Sections 28-45-1, 28-45-3, 28-45-9, 28-45-10, 28-45-13, 28-45-14 and 28- |
12 | 45-16 of the General Laws in Chapter 28-45 entitled "Apprenticeship Programs in Trade and |
13 | Industry" are hereby amended to read as follows: |
14 | 28-45-1. Purposes. |
15 | The purposes of this chapter are: |
16 | (1) To encourage employers, associations of employers, and organizations of employees to |
17 | voluntarily establish apprenticeship programs and the making of apprenticeship agreements; |
18 | (2) To create opportunities for young people to obtain employment and adequate training |
19 | in trades and industry with parallel instructions in related and supplementary education under |
20 | conditions that will equip them for profitable employment and citizenship; |
21 | (3) To cooperate with the promotion and development of apprenticeship programs and |
22 | systems in other states and with the federal committee on apprenticeship appointed under 29 U.S.C. |
23 | § 50 et seq.; and |
24 | (4) To provide for the registration and approval of apprenticeship programs and |
25 | apprenticeship agreements and for the issuance of state certificates of completion of apprenticeship. |
26 | 28-45-3. Powers and duties. |
27 | (a) The department of labor and training is the agency with responsibility and |
28 | accountability for apprenticeship within Rhode Island for federal purposes. The state |
29 | apprenticeship council shall be a regulatory council and part of the department of labor and training. |
30 | The council shall promulgate regulations consistent with 29 C.F.R. Parts 29 and 30 at the direction |
31 | of the director of the department of labor and training and shall provide advice and guidance to the |
32 | director of the department of labor and training on the operation of the Rhode Island apprenticeship |
33 | program system. Enforcement of apprenticeship rules and regulations shall be the duty of the |
34 | director of the department of labor and training. In addition, the council shall: |
| LC002708 - Page 17 of 27 |
1 | (1) Adopt rules and regulations to ensure equality of opportunity in apprenticeship |
2 | programs pursuant to the Rhode Island state plan for equal opportunity in apprenticeship; |
3 | (2) Establish trade, craft, manufacturing, or industrial standards for apprenticeship or |
4 | training agreements in cooperation with a joint employer and employee groups in conformity with |
5 | 29 C.F.R. § 29.5; |
6 | (3) Establish program performance standards in conformity with 29 C.F.R. § 29.6; |
7 | (4) Hold at least four (4) regular public meetings each year; any additional meetings |
8 | considered necessary shall be held at the call of the chairperson, or at the written request of a |
9 | majority of the members of the council; |
10 | (5) Formulate and publish rules of procedure for the function of local, regional, and state |
11 | joint apprenticeship committees and for the filling of vacancies on those committees; |
12 | (6) Adopt rules and regulations concerning the following: |
13 | (i) The contents of apprenticeship agreements in conformity with 29 C.F.R. § 29.7; |
14 | (ii) Criteria for apprenticeable occupations as provided by 29 C.F.R. § 29.4; |
15 | (iii) Reciprocal approval for federal purposes to apprentices, apprenticeship programs, and |
16 | standards that are registered in other states by the United States Department of Labor or another |
17 | state apprenticeship program recognized by the United States Department of Labor if such |
18 | reciprocity is requested by the apprenticeship program sponsor; |
19 | (iv) The cancellation or deregistration of programs, and for temporary suspension, |
20 | cancellation, or deregistration of apprenticeship agreements as provided in 29 C.F.R. §§ 29.8 and |
21 | 29.9; |
22 | (v) The standards of apprenticeship, program performance standards, apprenticeship |
23 | agreements, deregistration of registered apprenticeship programs, reinstatement of apprenticeship |
24 | programs, and reciprocal approval recognition of apprentices from other states. |
25 | (b) The department of labor and training in accord with its regulations and this chapter |
26 | shall: |
27 | (1) Encourage the promotion, expansion, and improvement of programs of apprenticeship |
28 | training and pre-apprenticeship and the making of apprenticeship agreements; |
29 | (2) Bring about the settlement of differences arising out of an apprenticeship agreement |
30 | when those differences cannot be adjusted locally or in accordance with established trade |
31 | procedure; |
32 | (3) Supervise the execution of agreements and maintenance of standards; |
33 | (4) Register or terminate or cancel the registration of apprenticeship programs and |
34 | apprenticeship agreements; |
| LC002708 - Page 18 of 27 |
1 | (5) Issue certificates of completion of apprenticeship; |
2 | (6) Keep a record of apprenticeship programs and apprentice agreements and their |
3 | disposition; |
4 | (7) Render any assistance and submit any information and data that may be requested by |
5 | employers, employees, and joint apprenticeship committees engaged in the formulation and |
6 | operation of programs of apprenticeship, particularly in regard to work schedules, wages, |
7 | conditions of employment, apprenticeship records, and number of apprentices; |
8 | (8) Adopt rules and regulations to insure nondiscrimination in all phases of apprenticeship |
9 | and employment during apprenticeship; |
10 | (9) Register trade, craft, manufacturing, or industrial standards for apprenticeship or |
11 | training agreements in cooperation with joint employer and employee groups and in conformity |
12 | with this chapter, or approve and register trade, craft, manufacturing, or industrial standards for |
13 | agreements submitted that are in conformity with this chapter, and disapprove those standards or |
14 | agreements submitted that are not in conformity with this chapter, to the extent deemed appropriate; |
15 | (10) Establish committees and approve nominations to existing committees that are |
16 | submitted in conformity with this chapter; |
17 | (11) Terminate registration of committees for failure of the committee to abide by the |
18 | provisions of this chapter; and |
19 | (12) Perform any other duties that are described and imposed by this chapter. |
20 | 28-45-9. Standards of apprenticeship programs. |
21 | An apprenticeship program, to be eligible for approval and registration with the department |
22 | of labor and training, shall conform to regulations issued by the department of labor and training |
23 | and 29 C.F.R. Part 29 and 29 C.F.R. Part 30 and shall conform to the following standards: |
24 | (1) The program is an organized, written plan embodying the terms and conditions of |
25 | employment, training, and supervision of one or more apprentices in the apprenticeable occupation, |
26 | as defined in this chapter and subscribed to by a sponsor who has undertaken to carry out the |
27 | apprentice training program. |
28 | (2) The program standards contain the equal opportunity pledge prescribed in 29 C.F.R § |
29 | 30.3(b) 29 C.F.R § 30.3(c) and, when applicable, an affirmative action plan in accordance with 29 |
30 | C.F.R. § 30.4, a selection method authorized in 29 C.F.R § 30.5 29 C.F.R § 30.10, or similar |
31 | requirements expressed in a state plan for equal employment opportunity in apprenticeship adopted |
32 | pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor, and |
33 | provisions concerning the following: |
34 | (i) The employment and training of the apprentice in a skilled occupation; |
| LC002708 - Page 19 of 27 |
1 | (ii) A term of apprenticeship not less than two thousand (2,000) hours of work experience, |
2 | consistent with training requirements as established by industry practice, which for an individual |
3 | apprentice may be measured either through the completion of the industry standard for on-the-job |
4 | learning (at least two thousand (2,000) hours) (time-based approach), the attainment of competency |
5 | (competency-based approach), or a blend of the time-based and competency-based approaches |
6 | (hybrid approach): |
7 | (A) The time-based approach measures skill acquisition through the individual apprentice’s |
8 | completion of at least two thousand (2,000) hours of on-the-job learning as described in a work |
9 | process schedule; |
10 | (B) The competency-based approach measures skill acquisition through the individual |
11 | apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program |
12 | sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job |
13 | learning component of registered apprenticeship. The program standards must address how on-the- |
14 | job learning will be integrated into the program, describe competencies, and identify an appropriate |
15 | means of testing and evaluation for such competencies; |
16 | (C) The hybrid approach measures the individual apprentice’s skill acquisition through a |
17 | combination of specified minimum number of hours of on-the-job learning and the successful |
18 | demonstration of competency as described in a work process schedule; and |
19 | (D) The determination of the appropriate approach for the program standards is made by |
20 | the program sponsor, subject to approval by the registration agency of the determination as |
21 | appropriate to the apprenticeable occupation for which the program standards are registered; |
22 | (iii) An outline of the work processes in which the apprentice will receive supervised work |
23 | experience and training on the job, and the allocation of the approximate time to be spent in each |
24 | major process; |
25 | (iv) Provision for organized, related, and supplemental instruction in technical subjects |
26 | related to the trade. A minimum of one hundred forty-four (144) hours for each year of |
27 | apprenticeship is recommended. This instruction in technical subjects may be accomplished |
28 | through media, such as classroom, occupational or industry courses, electronic media, or other |
29 | instruction approved by the department of labor and training; every apprenticeship instructor must: |
30 | (A) Meet the Rhode Island department of elementary and secondary education |
31 | requirements for a vocational-technical instructor, or be a subject matter expert, which is an |
32 | individual, such as a journey worker, who is recognized within an industry as having expertise in a |
33 | specific occupation; and |
34 | (B) Have training in teaching techniques and adult learning styles, which may occur before |
| LC002708 - Page 20 of 27 |
1 | or after the apprenticeship instructor has started to provide the related technical instruction; |
2 | (v) A statement of the progressively increasing scale of wages to be paid the apprentice |
3 | consistent with the skill acquired, the entry wage to be not less than the minimum wage prescribed |
4 | by the federal and state labor standards act, where applicable, unless a higher wage is required by |
5 | other applicable federal law, state law, respective regulations, or by collective bargaining |
6 | agreement; |
7 | (vi) A provision for periodic review and evaluation of the apprentice’s progress in job |
8 | performance and related instruction, and the maintenance of appropriate progress records; |
9 | (vii) The numeric ratio of apprentices to journeypersons consistent with proper supervision, |
10 | training, safety, and continuity of employment, and applicable provisions in collective bargaining |
11 | agreements, except where the ratios are expressly prohibited by the collective bargaining |
12 | agreement. The ratio language shall be specific and clear as to application in terms of jobsite, work |
13 | force, department, or plant; |
14 | (viii) A probationary period reasonable in relation to the full apprenticeship term, with full |
15 | credit given for the period toward completion of apprenticeship; the probationary period shall not |
16 | exceed twenty-five percent (25%) of the length of the program or one year, whichever is shorter; |
17 | (ix) Adequate and safe equipment and facilities for training and supervision, and safety |
18 | training for apprentices on the job and in related instruction; |
19 | (x) The minimum qualifications required by a sponsor for persons entering the |
20 | apprenticeship program, with an eligible starting age not less than sixteen (16) years; |
21 | (xi) The placement of an apprentice under a written apprenticeship agreement that |
22 | conforms to the requirements of this chapter. The agreement shall directly, or by reference, |
23 | incorporate the standards of the program as part of the agreement; |
24 | (xii) The granting of advanced standing or credit for demonstrated competency, previously |
25 | acquired experience, training, or skills for all applicants equally, with commensurate wages for any |
26 | progression step so granted; |
27 | (xiii) The transfer of an apprentice between apprenticeship programs and within an |
28 | apprenticeship program must be based on agreement between the apprentice and the affected |
29 | apprenticeship committees or program sponsors, and must comply with the following requirements: |
30 | (A) The transferring apprentice must be provided a transcript of related instruction and on- |
31 | the-job learning by the committee or program sponsor; |
32 | (B) Transfer must be to the same occupation; and |
33 | (C) A new apprenticeship agreement must be executed when the transfer occurs between |
34 | program sponsors; |
| LC002708 - Page 21 of 27 |
1 | (xiv) Assurance of qualified training personnel and adequate supervision on the job; |
2 | (xv) Recognition for successful completion of apprenticeship evidenced by an appropriate |
3 | certificate issued by the department of labor and training; |
4 | (xvi) Program standards that utilize the competency-based or hybrid approach for |
5 | progression through an apprenticeship and that choose to issue interim credentials must clearly |
6 | identify the interim credentials; demonstrate how these credentials link to the components of the |
7 | apprenticeable occupation; and establish the process for assessing an individual apprentice’s |
8 | demonstration of competency associated with the particular interim credential; further, interim |
9 | credentials must only be issued for recognized components of an apprenticeable occupation, |
10 | thereby linking interim credentials specifically to the knowledge, skills, and abilities associated |
11 | with those components of the apprenticeable occupation; |
12 | (xvii) Identification of the department of labor and training as the registration agency; |
13 | (xviii) Provision for the registration, cancellation, and deregistration of the program, and |
14 | requirement for the prompt submission of any modification or amendment to the department of |
15 | labor and training for approval; |
16 | (xix) Provision for registration of apprenticeship agreements, modifications, and |
17 | amendments; notice to the department of labor and training of persons who have successfully |
18 | completed apprenticeship programs; and notice of transfers, cancellations, suspensions, and |
19 | terminations of apprenticeship agreements and a statement of the reasons therefor; |
20 | (xx) Authority for the cancellation of an apprenticeship agreement during the probationary |
21 | period by either party without stated cause. Cancellation during the probationary period will not |
22 | have an adverse impact on the sponsor’s completion rate; |
23 | (xxi) Compliance with 29 C.F.R. Part 30, including the equal opportunity pledge prescribed |
24 | in 29 C.F.R. § 30.3(b); an affirmative action plan complying with 29 C.F.R. § 30.4; and a method |
25 | for the selection of apprentices authorized by 29 C.F.R § 30.5, or compliance with parallel |
26 | requirements contained in a state plan for equal opportunity in apprenticeship adopted under 29 |
27 | C.F.R. Part 30 and approved by the department. The apprenticeship standards must also include a |
28 | statement that the program will be conducted, operated, and administered in conformity with |
29 | applicable provisions of 29 C.F.R. Part 30, as amended, or if applicable, an approved state plan for |
30 | equal opportunity in apprenticeship; |
31 | (xxii) Name and address, telephone number, and e-mail address (if applicable) of the |
32 | appropriate authority under the program to receive, process, and make disposition of complaints; |
33 | (xxiii) Recording and maintenance of all records concerning apprenticeship as may be |
34 | required by the office of apprenticeship or the department of labor and training and other applicable |
| LC002708 - Page 22 of 27 |
1 | law. |
2 | 28-45-10. Definitions. |
3 | For the purposes of this chapter: |
4 | (1) “Apprenticeable occupation” is an occupation which possesses all of the following |
5 | characteristics: |
6 | (i) It is customarily learned in a practical way through a structured, systematic program of |
7 | on-the-job supervised learning. |
8 | (ii) It is clearly identified and commonly recognized throughout an industry. |
9 | (iii) It involves the progressive attainment of manual, mechanical, or technical skills and |
10 | knowledge, which is in accordance with the industry standard for the occupation, that requires the |
11 | completion of at least a minimum of two thousand (2,000) hours of on-the-job learning to attain |
12 | experience. |
13 | (iv) It requires related instruction to supplement the on-the-job learning. |
14 | (2) “Apprenticeship agreement” means a written agreement complying with 29 C.F.R. § |
15 | 29.7 between an apprentice and either the apprenticeship program sponsor, or an apprenticeship |
16 | committee acting as agent for the program sponsor(s), that contains the terms and conditions of the |
17 | employment and training of the apprentice. |
18 | (3) “Council” means the apprenticeship council as established by § 28-45-2. |
19 | (4) “OA” means office of apprenticeship, United States Department of Labor. |
20 | (5) “Secretary” means Secretary of the United States Department of Labor. |
21 | 28-45-13. Standards of apprenticeship agreements. |
22 | All apprenticeship agreements submitted for approval and registration with the department |
23 | of labor and training shall contain explicitly or by reference standards adopted by the council, |
24 | including: |
25 | (1) Names and signatures of the contracting parties (apprentice and the program sponsor |
26 | or employer), and the signature of a parent or guardian if the apprentice is a minor. |
27 | (2) The date of birth of the apprentice and on a voluntary basis the social security number |
28 | of the apprentice. |
29 | (3) Name and address of the program sponsor and the registration agency. |
30 | (4) A statement of the occupation, trade, or craft in which the apprentice is to be trained, |
31 | and the beginning date and term (duration) of apprenticeship. |
32 | (5) A statement showing: |
33 | (i) The number of hours to be spent by the apprentice in work on the job in a time-based |
34 | program or a description of the skill sets to be attained by completion of a competency-based |
| LC002708 - Page 23 of 27 |
1 | program, including the on-the-job learning component; or the minimum number of hours to be |
2 | spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid |
3 | program. |
4 | (ii) The number of hours to be spent in related and supplemental instruction in technical |
5 | subjects related to the occupation which is recommended to be not less than one hundred forty-four |
6 | (144) hours per year. |
7 | (6) A statement setting forth a schedule of the work processes in the occupation or industry |
8 | divisions in which the apprentice is to be trained and the approximate time to be spent at each |
9 | process. |
10 | (7) A statement of the graduated scale of wages to be paid the apprentice and whether or |
11 | not the required related instruction shall be compensated. |
12 | (8) Statements providing: |
13 | (i) For a specific period of probation during which time the apprenticeship agreement may |
14 | be terminated by either party to the agreement upon written notice to the department of labor and |
15 | training, without adverse impact on the sponsor; and |
16 | (ii) That, after the probationary period, the agreement may be canceled at the request of the |
17 | apprentice, or may be suspended, or terminated by the sponsor, for good cause, with due notice to |
18 | the apprentice and a reasonable opportunity for corrective action, and with written notice to the |
19 | apprentice and to the department of labor and training of the final action taken. |
20 | (9) A reference incorporating as part of the agreement the standards of the apprenticeship |
21 | program as it exists on the date of the agreement and as it may be amended during the period of the |
22 | agreement. |
23 | (10) A statement that the apprentice will be accorded equal opportunity in all phases of |
24 | apprenticeship employment, and training, without discrimination because of race, color, religion, |
25 | national origin, or sex, sexual orientation, gender identity or expression, disability, age, or country |
26 | of ancestral origin, as set forth in § 28-5-5. |
27 | (11) Name and address, phone telephone number, and e-mail address (if applicable) of the |
28 | appropriate authority, if any, designated under the program to receive, process, and make |
29 | disposition of controversies or differences arising out of the apprenticeship agreement when the |
30 | controversies or differences cannot be adjusted locally or resolved in accordance with the |
31 | established procedure or applicable collective bargaining provisions. |
32 | 28-45-14. State EEO plan. |
33 | The state apprenticeship program system shall operate in conformance with the state law, |
34 | including the equal employment opportunity standards and regulations plan for equal employment |
| LC002708 - Page 24 of 27 |
1 | opportunity in registered apprenticeship programs as adopted by the Rhode Island department of |
2 | labor and training. |
3 | 28-45-16. Reciprocity. |
4 | (a) When a sponsor of an a registered apprenticeship program registered and operating in |
5 | a neighboring state requests registration reciprocal recognition from the department of labor and |
6 | training to train apprentices for work projects in this state, the sponsor shall be granted registration |
7 | recognition, providing the sponsor conforms with the regulations and standards of the state of |
8 | Rhode Island for the occupation. |
9 | (b) An apprentice registered in an approved registered apprenticeship program in a |
10 | neighboring state will be awarded certification of registration for state purposes upon request and |
11 | on the condition that the neighboring state’s sponsorship program is registered with the appropriate |
12 | state apprentice agency. |
13 | (c) The department of labor and training shall have the authority to expand or limit the |
14 | number of states that are subject to the provisions of subsection (a) by regulation through the |
15 | promulgation of rules and regulations. |
16 | (d) The department of labor and training shall accord reciprocal approval for federal |
17 | purposes to apprentices, apprenticeship programs, and standards that are registered in other states |
18 | by the United States Department of Labor by another registration agency as defined in 29 C.F.R. § |
19 | 29.2 or a registration agency recognized by the United States Department of Labor if the reciprocity |
20 | is requested by the apprenticeship program sponsor. Program sponsors seeking reciprocal approval |
21 | must meet Rhode Island wage and hour provisions and apprentice ratio standards. |
22 | SECTION 10. Section 28-45-18 of the General Laws in Chapter 28-45 entitled |
23 | "Apprenticeship Programs in Trade and Industry" is hereby repealed. |
24 | 28-45-18. Vocational school training. |
25 | (a) The council on elementary and secondary education may authorize vocational schools |
26 | to provide apprenticeship classroom training to students subject to the approval of the Rhode Island |
27 | department of labor and training. |
28 | (b) In the event the council authorizes state-certified apprenticeship training under |
29 | subsection (a), and a student successfully completes the vocational school program, then the student |
30 | shall receive apprentice credit, to be applied against a state-certified apprenticeship program |
31 | requirement set forth by the state apprenticeship council pursuant to § 28-45-13, for one hundred |
32 | forty-four (144) hours of apprenticeship classroom training. |
| LC002708 - Page 25 of 27 |
1 | SECTION 11. This act shall take effect upon passage. |
======== | |
LC002708 | |
======== | |
| LC002708 - Page 26 of 27 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- ELECTRICIANS | |
*** | |
1 | This act comprehensively amends the state’s apprenticeship laws to make them more |
2 | consistent with applicable federal regulations and makes said laws more comprehendible and |
3 | consistent with each other. |
4 | This act would take effect upon passage. |
======== | |
LC002708 | |
======== | |
| LC002708 - Page 27 of 27 |