Chapter DWD 295

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.

DWD 295.02 Note Note: 29 CFR 30.3(c) reads: “(1) Each sponsor of an apprenticeship program must include in its Standards of Apprenticeship and apprenticeship opportunity announcements the following equal opportunity pledge:

DWD 295.02 Note [Name of sponsor] will not discriminate against apprenticeship applicants or apprentices based on race, color, religion, national origin, sex (including pregnancy and gender identity), sexual orientation, genetic information, or because they are an individual with a disability or a person 40 years old or older. [Name of sponsor] will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under Title 29 of the Code of Federal Regulations, part 30.

DWD 295.02 Note (2) The nondiscrimination bases listed in this pledge may be broadened to conform to consistent State and local requirements. Sponsors may include additional protected bases but may not exclude any of the bases protected by this part.”

DWD 295.02(2)(b)24. 24. Contact information, including name, address, telephone number and email address, for the appropriate individual with authority under the program to receive, process and make disposition of complaints.

DWD 295.02(2)(b)25. 25. Recording and maintenance of all records concerning apprenticeship as may be required by the department and other applicable law.

DWD 295.02(3) (3) In trades for which no uniform apprenticeship courses or schedules of training have been adopted by the department, the sponsor may execute an apprentice contract with approved standards, subject to the approval of the department.

DWD 295.02 History History: CR 10-073: cr. Register November 2010 No. 659, eff. 12-1-10; CR 14-032: am. (2) (intro.), (b) (intro.), 15. (intro.), a., b. Register May 2015 No. 713, eff. 6-1-15; CR 19-003: am. (2) (b) 23. Register September 2019 No. 765, eff. 10-1-19.

DWD 295.03 DWD 295.03 Local committees.

DWD 295.03(1) (1) The function of local apprenticeship committees is to act in an advisory capacity to the department and to be parties to apprentice contracts. Candidates for membership are nominated by the organizations which the members are to represent. To be recognized as a local apprenticeship committee each individual member shall be officially so designated by the department. The geographical jurisdictional area of each such local apprenticeship committee shall be determined by the department.

DWD 295.03(2) (2) This rule does not apply to shop or plant sponsored apprenticeship programs or to local apprenticeship committees created under the terms of a bargaining agreement between the management and its employees within that plant or shop program.

DWD 295.03 History History: Cr. Register, March, 1957. No.15, eff. 4-1-57; am. (1), Register, November, 1978, No.275, eff. 12-1-78; renum. from Ind. 85.02, Register, April, 1981, No. 304, eff. 5-1-81; CR 10-073: renum. from DWD 295.02 and am. Register November 2010 No. 659, eff. 12-1-10.

DWD 295.04 DWD 295.04 Application forms. Where the department requires application forms to be filled out by applicant employers, applicant sponsors, and applicants for apprenticeships, the forms shall be approved by the department.

DWD 295.04 Note Note: All forms referred to may be obtained at no charge from the Department of Workforce Development, Bureau of Apprenticeship Standards, P.O. Box 7972, Madison, WI 53707.

DWD 295.04 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 85.03, Register, April, 1981, No.304, eff. 5-1-81; CR 10-073: renum. from DWD 295.03 and am. Register November 2010 No. 659, eff. 12-1-10.

DWD 295.05 DWD 295.05 Apprentice wages.

DWD 295.05(1) (1) An apprentice contract wage scale is deemed adequate when, during the term of training, it averages 60% of the current journeyworker rate or skilled wage rate. The apprentice contract shall provide for a graduated scale progressing in periods as approved by the department.

DWD 295.05(2) (2) In determining the journeyworker or skilled wage rate, for the construction sector for the apprentices who are covered under a collective bargaining agreement, the specified rate applies. Where apprentices are not covered by the collective bargaining agreement, the skilled wage rate is the rate average, calculated as the mean, based on the geographical area of the appropriate local committee. The department will not normally approve a skilled rate for apprenticeship purposes more than 20% below the journeyworker rate in the area. In controversial cases, growing out of the fact that the committee’s jurisdictional area is so great as to extend into communities in which application of this policy proves impracticable, the department reserves the right to make exceptions.

DWD 295.05(3) (3) In other industry sectors in which collective bargaining is on the basis of an individual program, the skilled rate is that rate specified in the bargaining agreement. In individual programs not covered by bargaining agreements, the skilled rate is that rate paid the greatest number of competent journeyworkers in like establishments in the community, or such other rate deemed adequate by the department.

DWD 295.05 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 85.04, Register, April, 1981, No.304, eff. 6-1-81; CR 10-073: renum. from DWD 295.04 and am. Register November 2010 No. 659, eff. 12-1-10.

DWD 295.06 DWD 295.06 Effect of bargaining agreements.

DWD 295.06(1) (1) Where conditions of employment of apprentices are stipulated by collective bargaining agreement, the department will be guided by the terms of such agreement provided such terms are not in conflict with state statutes or this chapter.

DWD 295.06(2) (2) The department shall similarly be guided by any special provision for veterans, minority persons, or women in the standards, apprentice qualifications or operation of the program, or in the apprentice contract, which is not otherwise prohibited by law, executive order, or authorized regulation.

DWD 295.06 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 85.06, Register, April, 1981. No.304, eff. 5-1-81; correction made under s. 13.93 (2m) (b) 7, Stats., Register, June, 1984; correction made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482; CR 10-073: renum. DWD 295.06 to be (1), cr. (2) Register November 2010 No. 659, eff. 12-1-10.

DWD 295.07 DWD 295.07 Apprentice contract.

DWD 295.07(1) (1) All apprentice contracts shall be made upon the forms provided by the department.

DWD 295.07(2) (2) No apprentice contract shall be considered in force unless it has had the approval of the department.

DWD 295.07(3) (3) The apprentice contract shall contain, explicitly or by reference, all of the following information:

DWD 295.07(3)(a) (a) Names and signatures of the contracting parties (apprentice, the program sponsor, and the department), and the signature of a parent or guardian if the apprentice is a minor.

DWD 295.07(3)(b) (b) The date of birth of the apprentice, and, on a voluntary basis, the social security number of the apprentice.

DWD 295.07(3)(c) (c) Contact information of the program sponsor and the department.

DWD 295.07(3)(d) (d) A statement of the occupation in which the apprentice is to be trained, and the beginning date and term constituting the duration of apprenticeship.

DWD 295.07(3)(e) (e) A statement showing all of the following:

DWD 295.07(3)(e)1. 1. The number of hours to be spent by the apprentice in work on the job in a time-based program; or a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job learning component; or the minimum number of hours to be spent by the apprentice and a description of the skill sets to be attained by completion of hybrid program.

DWD 295.07(3)(e)2. 2. The number of hours to be spent in related instruction in technical subjects related to the occupation consistent with s.106.01 (6) (a) and (b), Stats.

DWD 295.07(3)(f) (f) A statement setting forth a schedule of the work processes in the occupation or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process.

DWD 295.07(3)(g) (g) A statement of the graduated scale of wages to be paid to the apprentice and whether or not the required related instruction is compensated.

DWD 295.07(3)(h) (h)

DWD 295.07(3)(h)1. 1. The apprentice contract shall state the length of the probationary period, which may be up to 25% of the contract hours of the apprenticeship but in no case shall it exceed 12 calendar months. The probationary period shall constitute part of the apprenticeship period.

DWD 295.07(3)(h)2. 2. During the probationary period, apprentice contracts are voidable by any party to the contract upon written notice to the department.

DWD 295.07(3)(h)3. 3. After the probationary period, the apprentice contract may be cancelled consistent with this chapter.

DWD 295.07(3)(i) (i) A reference incorporating as part of the contract the standards of the apprenticeship program as they exist on the date of the contact and as they may be amended during the period of the contract, upon approval of the department.

DWD 295.07(3)(j) (j) A statement that the apprentice shall be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, religion, national origin, sex, sexual orientation, or age.

DWD 295.07(3)(k) (k) Contact information of the department when the controversies or differences cannot be resolved locally.

DWD 295.07(3)(L) (L) A statement of advance standing including work and related instruction wages shall be commensurate for the credit granted or an amendment thereto.

DWD 295.07(4) (4) A minor with an apprentice contract under the provisions of ch. 106, Stats., shall not be subject to the law relating to prohibited employments for minors, to the extent that the minor is performing service within the provisions of an apprentice contract approved by the department.

DWD 295.07(5) (5) The terms of an existing apprentice contract may be modified subject to approval of the department.

DWD 295.07 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 85.08, Register, April, 1981, No.304, eff. 5-1-81; CR 02-087: am. (4) Register November 2002 No. 563, eff. 12-1-02: CR 10-073: r. and recr. (title), (3), am. (1), (2), r. (4), (5), (6), renum. (7), (8) to be (4), (5) and am. Register November 2010 No. 659, eff. 12-1-10; CR 14-032: am. (3) (e) (intro.), 1. Register May 2015 No. 713, eff. 6-1-15.

DWD 295.08 DWD 295.08 Manual. The department shall keep on record and make available to all interested persons the apprenticeship manual as approved by the department effective January 2008, or as thereafter amended.

DWD 295.08 History History: Cr. Register, March, 1967. No.15, eff. 4-1-57; am. Register, November, 1978. No. 275. eff. 12-1-78; renum. from Ind 85.09, Register, April, 1981, No. 304, eff. 5-1-81; CR 07-010: am. Register June 2007 No. 618, eff. 7-1-07; CR 10-073: am. Register November 2010 No. 659, eff. 12-1-10.

DWD 295.10 DWD 295.10 Family-owned construction business.

DWD 295.10(1) (1) In this section, “family-owned construction business” means a construction business which is owned or a majority of whose stock is owned by one person or jointly by 2 persons who are related by blood or marriage.

DWD 295.10(2) (2) An owner of a family-owned construction business may select any of his or her sons or daughters or any person necessary to an approved affirmative action plan as an apprentice when the person has met the qualification standards for a trade and the business has met the qualification standards for training the type of apprentice involved.

DWD 295.10(3) (3) This section may not be used by a family-owned construction business to replace an apprentice already registered and assigned to the business.

DWD 295.10(4) (4) Where conditions of employment of apprentices are stipulated by a collective bargaining agreement, the department will be guided in its actions under this section by the terms of the agreement. Such stipulated conditions may require that sons and daughters of owners receive the same treatment as all other apprenticeship applicants.