Chapter DWD 295

DWD 295.21   Deregistration of a registered program.

DWD 295.22   Reinstatement of program registration.

DWD 295.23   Hearings for deregistration.

DWD 295.25   Apprenticeship completion award program.

Ch. DWD 295 Note Note: Chapter Ind 95 was renumbered chapter ILHR 295 under s. 13.93 (2m) (b) 1., Stats., Register, February, 1996, No. 482. Chapter ILHR 295 was renumber to be DWD 295 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, September, 1997, No. 501.

DWD 295.001 DWD 295.001 Definitions. In this chapter:

DWD 295.001(1) (1) “Apprentice” has the meaning specified in s. 106.001 (1), Stats.

DWD 295.001(2) (2) “Assignment” means the initial placement of an apprentice with an employer.

DWD 295.001 Note Note: See also the definitions in this section of “reassignment” and “unassignment.”

DWD 295.001(3) (3) “Cancellation” means the termination of the registration or approval status of a program at the request of the sponsor, or the termination of an apprentice contract at the request of any party to the contract.

DWD 295.001(4) (4) “Certificate” or “certification” means documentary evidence that:

DWD 295.001(4)(a) (a) The department has established that an individual is eligible for probationary employment as an apprentice under a registered apprenticeship program.

DWD 295.001(4)(b) (b) The department has established that an individual is eligible for probationary employment as an apprentice under a registered apprenticeship program [The department has registered an apprenticeship program as evidenced by a certificate of registration].

DWD 295.001 Note Note: CR 14-032 amended this paragraph by striking a semicolon and underscoring a period. However, without striking or underscoring any new text, CR 14-032 replaced the previously existing text, which is shown in brackets, with the text not shown in brackets. The text not shown in brackets repeats the language of par. (a). The change of text was unintended by the department and the language of this paragraph will be clarified by future rulemaking

DWD 295.001(4)(c) (c) The department has determined that an apprenticeship [apprentice] has successfully met the requirements to receive an interim credential.

DWD 295.001 Note Note: CR 14-032 amended this paragraph by striking a semicolon and underscoring a period. However, without striking or underscoring any new text, CR 14-032 replaced “apprentice,” which is shown in brackets, with “apprenticeship.” The change of text was unintended by the department and the language of this provision will be clarified by future rulemaking

DWD 295.001(4)(d) (d) The department has determined that an individual has successfully completed apprenticeship.

DWD 295.001(5) (5) “Competency” means the attainment of manual, mechanical, or technical skills and knowledge, as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement.

DWD 295.001(6) (6) “Completion rate” means the percentage of an apprenticeship cohort who receive a certificate of apprenticeship completion within one year of the projected completion date. An “apprenticeship cohort” is the group of individual apprentices registered to a specific program during a one-year time frame, except that a cohort does not include the apprentices whose apprentice contract has been cancelled during the probationary period or transferred.

DWD 295.001(7) (7) “Department” means the department of workforce development, which is the state registration agency for the purposes of 29 CFR 29.

DWD 295.001(8) (8) “Employer” has the same meaning as in s. 106.001 (5), Stats.

DWD 295.001(9) (9) “Electronic media” means media that utilize electronics or electromechanical energy for the end user to access the content; and includes electronic storage media, transmission media, the Internet, extranet, lease lines, dial-up lines, private networks, and the physical movement of removable or transportable electronic media or interactive distance learning.

DWD 295.001(10) (10) “Federal purposes” includes any federal contract, grant, agreement or arrangement dealing with apprenticeship; and any federal financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference, or right pertaining to apprenticeship.

DWD 295.001(11) (11) “Interim credential” means a credential issued by the department, upon request of the appropriate sponsor, as certification of competency attainment by an apprentice.

DWD 295.001(12) (12) “Journeyworker” means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation.

DWD 295.001 Note Note: The use of this term may also refer to a mentor, technician, specialist, or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training.

DWD 295.001(13) (13) “Local apprenticeship committee” means an apprenticeship committee to which the department has delegate the authority to act under ss. DWD 295.02 and 295.03.

DWD 295.001(14) (14) “Office of Apprenticeship” means the office designated by the employment and training administration of the U. S. department of labor to administer the national apprenticeship system or its successor organization.

DWD 295.001(15) (15) “Provisional registration” means the initial approval of a newly registered program that meets the required standards for program registration.

DWD 295.001(16) (16) “Quality assurance assessment” means a comprehensive review conducted by the department regarding all aspects of an apprenticeship program’s performance, including determining if apprentices are receiving on-the-job learning in all phases of the apprenticeable occupation, scheduled wage increases consistent with the registered standards, and related instruction through appropriate curriculum and delivery systems, and that the department is receiving notification of all new registrations, cancellations, and completions as required in this chapter.

DWD 295.001(17) (17) “Reassignment” means the assignment of an apprentice from one employer to another within the same apprenticeship program.

DWD 295.001(18) (18) “Registration of an apprentice contract” means the acceptance and recording of an apprentice contract by the department as evidence of the apprentice’s participation in a particular registered apprenticeship program.

DWD 295.001(19) (19) “Registration of an apprenticeship program” means the acceptance and recording of such program by the department as meeting the basic standards and requirements of the department for approval of such program for federal and state purposes, as shown by a certificate of registration.

DWD 295.001(20) (20) “Related instruction” means an organized and systematic form of instruction designed to provide the apprentice with the knowledge of the theoretical and technical subjects related to the apprentice’s occupation. Such instruction may be given in a classroom, through occupational or industrial courses, or by correspondence courses of equivalent value, electronic media, or other forms of self-study approved by the department.

DWD 295.001(21) (21) “Sponsor” has the meaning given in s. 106.001 (8), Stats.

DWD 295.001(22) (22) “Technical assistance” means guidance provided by department staff in the development, revision, amendment, or processing of a potential or current program sponsor’s standards of apprenticeship or apprentice contracts; or advice or consultation with a program sponsor to further compliance with this chapter; or guidance from the department on how to remedy nonconformity with this chapter.

DWD 295.001(23) (23) “Transfer” means a shift of apprenticeship registration from one program to another, where there is agreement between the apprentice and the affected apprenticeship committees or program sponsors.

DWD 295.001(24) (24) “Unassignment” means the temporary interruption of an apprentice contract.

DWD 295.001(25) (25) “Wisconsin apprenticeship advisory council” means the council created by s. 15.227 (13), Stats.

DWD 295.001 History History: Cr. Register, May, 1981, No.305, eff. 6-1-81; CR 07-010: r. (3), Register June 2007 No. 618, eff. 7-1-07; CR 10-073: am. (1), r. (4), renum. (2) to be (7) and am., cr. (2) to (6), (8) to (25) Register November 2010 No. 659, eff. 12-1-10; CR 14-032: am. (4) (a) to (c), (21) Register May 2015 No. 713, eff. 6-1-15.

DWD 295.01 DWD 295.01 Eligibility and procedure for registration of an apprenticeship program.

DWD 295.01(1) (1) The eligibility for registration of an apprenticeship program for federal and state purposes is conditioned upon a program’s conformity with the apprenticeship program standards published in this chapter. For a program to be determined by the department as being in conformity with this chapter, the program shall apply for registration and be registered with the department. The determination by the department that the program meets the apprenticeship program standards is made only through such registration.

DWD 295.01(2) (2) An apprenticeship program or any apprentice contract is eligible for registration by the department if it meets all of the following criteria:

DWD 295.01(2)(a) (a) The program or contract is in conformity with the requirements of this chapter and the training is in an apprenticeable occupation having the characteristics set forth in s. DWD 295.15 (2).

DWD 295.01(2)(b) (b) The program or contract is in conformity with the requirements of ch. DWD 296 relating to equal employment opportunity.

DWD 295.01(3) (3) Apprentices shall be registered in accordance with s. DWD 295.02. Such individual registration may be effected by completing an apprentice contract in accordance with s. 106.01 (1), Stats.

DWD 295.01(4) (4) A person applying for the registration of an apprenticeship program or an apprentice contract shall appear personally before an apprenticeship committee when the committee requests the applicant to appear. If no recommendation is received by the department from the committee within 40 days after receipt of an application by the committee, the department shall act on the application without committee recommendation. This time limit may be extended by the department on a showing of good cause. A recommendation on an individual application shall be subject to review and revision by the department in the event that an applicant is dissatisfied with the committee action.

DWD 295.01(5) (5) The sponsor shall notify the department within 40 days of persons who have successfully completed apprenticeship programs, transfers, unassignments, and of apprentice contracts and shall provide a statement of the reasons for any cancellations.

DWD 295.01(6) (6) Programs approved by the department shall be accorded registration or approval evidenced by a certificate.

DWD 295.01(7) (7) When the department determines that an application for a new program meets the required standards for program registration, the department shall give provisional approval to the program for a period of a full training cycle. The department shall review each new program for quality and for conformity at the end of each year during the training cycle. At the end of the initial training cycle:

DWD 295.01(7)(a) (a) A program that conforms with the requirements of this chapter shall be made permanent.

DWD 295.01(7)(b) (b) A program not in operation or not conforming to this chapter shall be recommended for deregistration procedures.

DWD 295.01(8) (8) The department shall review each program for quality and for conformity at least once every 5 years. If a program is not in operation or not conforming to the requirements of this chapter, the department shall recommend the program for deregistration procedures.

DWD 295.01(9) (9) A proposal or application to modify or change a registered program or established apprenticeship standards shall be submitted to the department. The department shall make a determination which approves or disapproves the proposal or application within 90 days from the date of receipt. If the department approves the modification or change, the department shall record and acknowledge the approval as an amendment to the program within 90 days. If the department does not approve a proposed modification or change, it shall notify the sponsor of the disapproval and the reasons therefore and provide the appropriate technical assistance.

DWD 295.01(10) (10) When proposing an individually sponsored apprenticeship program for registration by an employer or employers’ association that provides for participation by a union, the department shall require a written statement of union agreement or no objection to the program. If a program proposed by an employer or employers’ association does not provide for union participation, the employer or employers’ association shall furnish to any existing union which is the collective bargaining agent of the employees to be trained a copy of its application for registration and of the apprenticeship program. The department shall allow 45 days for the receipt of union comments, if any, before final action on the application for registration or approval.

DWD 295.01(11) (11) When the employees to be trained in an individually sponsored apprenticeship program have no collective bargaining agreement, an employer or group of employers, or an employer association may propose an apprenticeship program.

DWD 295.01 History History: Cr. Register, March, 1957, No.15, eff. 4-1-57; am. Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.01, Register, April, 1981, No. 304, eff. 5-1-81; CR 10-073: r. and recr. Register November 2010 No. 659, eff. 12-1-10.

DWD 295.02 DWD 295.02 Standards.

DWD 295.02(1) (1) The department may adopt statewide or local apprenticeship standards covering minimum training requirements, procedure in processing apprentice contracts, qualification of applicant employers and apprentices, functions of local apprenticeship committees, and such other matters as constitute an apprenticeship program in a particular trade.

DWD 295.02(2) (2) To be eligible for approval and registration by the department, an apprenticeship program shall conform to all of the following standards:

DWD 295.02(2)(a) (a) The program shall have an organized, written plan, also referred to as program standards, embodying the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation, which meets the criteria in s. DWD 295.15 (2) and is subscribed to by a sponsor who has undertaken to carry out the apprentice training program. The term of apprenticeship may be measured either through the completion of the industry standard for on-the-job learning of at least 2,000 hours, known as the time-based approach, the attainment of competency, known as the competency-based approach, or a blend of the time-based and competency-based approaches, known as the hybrid approach.

DWD 295.02(2)(b) (b) The program standards shall contain provisions that address all of the following:

DWD 295.02(2)(b)1. 1. The employment and training of the apprentice in a skilled occupation.

DWD 295.02(2)(b)2. 2. For standards using the time-based approach, the measurement of skill acquisition through the individual apprentice’s completion of at least 2,000 hours of on-the-job learning as described in a work process schedule.

DWD 295.02(2)(b)3. 3. For standards using the competency-based approach, the measurement of skill acquisition through the individual apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program sponsor. Programs utilizing this approach shall still require apprentices to complete an on-the-job learning component of registered apprenticeship. The program standards shall address how on-the-job learning will be integrated into the program, describe competencies, and identify an appropriate means of testing and evaluation for such competencies.

DWD 295.02(2)(b)4. 4. For standards using the hybrid approach, the measurement of the individual apprentice’s skill acquisition through a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule.

DWD 295.02(2)(b)5. 5. An outline of the work processes in which the apprentice will receive supervised work experience and learning on the job, and the allocation of the approximate amount of time to be spent in each major process.

DWD 295.02(2)(b)6. 6. Provision for organized, related, and supplemental instruction in technical subjects related to the occupation. A minimum of 144 hours for each year of apprenticeship is required. This instruction in technical subjects may be accomplished through such media as: Classroom, occupational or industry courses, electronic media, or other instruction approved by the department. Apprenticeship instructors shall meet the educational and occupational requirements of the Wisconsin Technical College System Board, or be a subject matter expert, which is an individual, such as a journeyworker, who is recognized within an industry as having expertise in a specific occupation, and have training in teaching techniques and adult learning styles, which may occur before or after the apprenticeship instructor has started to provide the related technical instruction.

DWD 295.02(2)(b)7. 7. A progressively increasing schedule of wages to be paid to the apprentice consistent with the skill acquired. The entry wage shall not be less than the minimum wage prescribed by the Fair Labor Standards Act, 29 USC 206, or Wisconsin’s minimum wage law.

DWD 295.02(2)(b)8. 8. Periodic review and evaluation of the apprentice’s performance on the job and in related instruction; and the maintenance of appropriate progress records.

DWD 295.02(2)(b)9. 9. A numeric ratio of apprentices to journeyworkers consistent with proper supervision, training, safety, and continuity of employment, and applicable provisions in collective bargaining agreements, except where such ratios are expressly prohibited by the collective bargaining agreements. The ratio language shall be specific and clearly described as to its application to the job site, workforce, department, or plant.

DWD 295.02(2)(b)10. 10. A probationary period reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of apprenticeship. The probationary period may not exceed 25 percent of the length of the program, or 12 months, whichever is shorter.

DWD 295.02(2)(b)11. 11. Adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction.

DWD 295.02(2)(b)12. 12. The minimum qualifications required by a sponsor for persons entering the apprenticeship program, with an eligible starting age not less than 16 years.

DWD 295.02(2)(b)13. 13. The placement of an apprentice under a written contract that meets the requirements of ch. 106, Stats. The contract shall directly, or by reference, incorporate the standards of the program as part of the contract.

DWD 295.02(2)(b)14. 14. The granting of advanced standing or credit for demonstrated competency, acquired experience, training, or skills for all applicants equally, with commensurate wages for any progression step so granted.

DWD 295.02(2)(b)15. 15. The transfer of an apprentice between apprenticeship programs and within an apprenticeship program shall be based on agreement between the apprentice and the affected local apprenticeship committees or program sponsors and the department, and shall comply with all of the following requirements:

DWD 295.02(2)(b)15.a. a. The transferring apprentice shall be provided a transcript of related instruction and on-the-job learning by the committee or program sponsor.

DWD 295.02(2)(b)15.b. b. Transfer shall be to the same occupation.

DWD 295.02(2)(b)15.c. c. A new apprentice contract shall be executed when the transfer occurs between program sponsors.

DWD 295.02(2)(b)16. 16. Assurance of qualified training personnel and adequate supervision on the job.

DWD 295.02(2)(b)17. 17. Recognition for successful completion of apprenticeship evidenced by an appropriate certificate issued by the department.

DWD 295.02(2)(b)18. 18. Program standards that utilize the competency-based or hybrid approach for progression through an apprenticeship and that choose to issue interim credentials shall clearly identify the interim credentials, demonstrate how these credentials link to the components of the apprenticeable occupation, and establish the process for assessing an individual apprentice’s demonstration of competency associated with the particular interim credential. Further, interim credentials shall only be issued for recognized components of an apprenticeable occupation, thereby linking interim credentials specifically to the knowledge, skills, and abilities associated with those components of the apprenticeable occupation.

DWD 295.02(2)(b)19. 19. Identification of the department.

DWD 295.02(2)(b)20. 20. Provision for the registration, cancellation and deregistration of the program; and for the prompt submission of any program standard modification or amendment to the department for approval.

DWD 295.02(2)(b)21. 21. Provision for registration of apprenticeship agreements, modifications, and amendments; notice to the department of persons who have successfully completed apprenticeship programs; and notice of transfers, unassignments, and cancellations of apprentice contracts and a statement of the reasons therefor.

DWD 295.02(2)(b)22. 22. Authority for the cancellation of an apprentice contract during the probationary period by either party without stated cause; cancellation during the probationary period shall not have an adverse impact on the sponsor’s completion rate.

DWD 295.02(2)(b)23. 23. Compliance with 29 CFR 30, including the equal opportunity pledge prescribed in 29 CFR 30.3 (c) and in s. DWD 296.03 (3); an affirmative action plan complying with s. DWD 296.04; and a method for the selection of apprentices authorized by s. DWD 296.10, or compliance with parallel requirement contained in a state plan for equal opportunity in apprenticeship adopted under ch. DWD 296 and approved by the department. The apprenticeship standards shall also include a statement that the program shall be conducted, operated and administered in conformity with applicable provisions of ch. DWD 296, as amended, or, if applicable, an approved state plan for equal opportunity in apprenticeship.