Minnesota Administrative Rules

5200.0320 MINNESOTA MINIMUM STANDARDS.

Subpart 1.

Definitions.

When used in parts 5200.0290 to 5200.0420 the terms defined in this subpart have the meanings given them.

A.

"Employer" means the apprenticeship sponsor. (Employer, apprenticeship committee, association of employers, or organization of employees.)

B.

"Approval agency" or "registration agency" means the apprenticeship board.

C.

"Apprenticeship agreement" means a written agreement on a form prescribed by the commissioner between the employer and the apprentice, and, if the apprentice is a minor, his or her parent or guardian, and approved by the approval agency. The form can be obtained from the Division of Voluntary Apprenticeship, Department of Labor and Industry, St. Paul, Minnesota.

D.

"Apprentice" means a person at least 16 years of age who has entered into an apprenticeship agreement with an employer, which apprenticeship agreement provides for:

(1)

a time-based approach involving not less than 2,000 hours of reasonably continuous employment for the apprentice and for his or her participation in an approved program of on-the-job learning through employment and through education in related and supplemental subjects;

(2)

a competency-based approach involving successful demonstration of acquired skills and knowledge by an apprentice plus on-the-job learning; or

(3)

a hybrid approach involving the completion of a specified minimum number of hours plus the successful demonstration of competency.

E.

"Supervisor of apprentices" means the individual designated by the employer to perform the duties described in subpart 9.

F.

"Standards" means the Minnesota minimum standards of apprenticeship.

Subp. 2.

Policy.

It must be the policy of the employer that all apprentices employed in a trade covered under parts 5200.0290 to 5200.0420 must be governed by the terms of these standards and by the Minnesota voluntary apprenticeship law; and that the recruitment, selection, employment, and training of apprentices during their apprenticeship, must be without discrimination because of race, color, religion, national origin, or sex. The employer will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under Code of Federal Regulations, title 29, part 30, and under the Minnesota plan for equal employment opportunity in apprenticeship.

Subp. 3.

Qualifications of apprentices.

Applicants for apprenticeship must be at least 16 years of age and must be physically qualified to perform the manual work of the trade.

Subp. 4.

Apprenticeship agreement.

The apprentice (and if a minor, his or her parent or guardian) shall sign the properly filled out apprenticeship agreement, which agreement must also be signed by the employer and submitted for approval to the approval agency. The apprenticeship agreement must contain a clause making these standards a part of the agreement.

The approval agency must furnish approved copies of the agreement to:

A.

the apprentice;

B.

the employer; and

C.

other interested organizations or agencies as required.

Subp. 5.

Term of apprenticeship.

The term of apprenticeship must be designated in hours, months, or years for the individual trades included in these standards. For each trade to be included, a job process schedule including the total training term applicable must be attached to the standards registered with the division.

Subp. 6.

Credit for previous experience.

Credit may be awarded for previous experience and/or training which is applicable to learning program requirements. If credit is awarded, the apprentice shall be advanced in the graduated wage schedule accordingly.

Subp. 7.

Probationary period.

An apprentice under these standards shall be subject to a probationary period of not more than 500 hours of employment and instruction extending over not more than four months. During that period the apprenticeship agreement will be terminated by the director of the Division of Voluntary Apprenticeship at the request in writing of either party. After the probationary period the apprenticeship agreement may be terminated by the director, by mutual agreement of all parties thereto, or canceled by the director for good and sufficient reason, including violation of minimum standards.

Subp. 8.

Responsibilities of apprentice.

Apprentices employed under these standards shall agree to be punctual and regular in attendance, and to endeavor to the best of their ability to perfect the required skills in the chosen craft.

Subp. 9.

Supervision of apprentices.

The employer shall designate a qualified individual as supervisor of apprentices who shall:

A.

maintain an adequate record of progress in training each apprentice;

B.

be responsible for assuring that the requirements of the applicable learning program are met during the prescribed training term; and

C.

perform other duties as may be assigned by the employer relative to the development and operation of an effective program of apprenticeship.

Subp. 10.

Schedule of work processes and wage schedule.

The apprentice must be given work experience and instruction according to the applicable job processes schedule in the apprenticeship program registered with the division which must be attached to the apprenticeship agreement. Training experience need not be in the exact order as listed in the schedule. Eighty percent adherence to the schedule will be considered adequate provided the full training term is accounted for. The job process schedule must provide for a minimum of 50 hours per year of training in safe work practices. For each job title there must be a minimum graduated wage schedule in the apprenticeship agreement which must be in percentages of journeyman wage and rate per hour.

Subp. 11.

Related instruction.

During each year of the apprenticeship term, a minimum of 144 hours of related instruction is required. Failure on the part of the apprentice to fulfill his or her related instruction requirement will be sufficient cause for cancellation of the apprenticeship agreement.

Subp. 12.

Hours of work.

Working hours for apprentices must be the same as for journeymen in the trade. Time spent in related instruction cannot be considered as hours of work as required by the job process schedule.

Subp. 13.

Certificate of completion of apprenticeship.

Upon successful completion of the apprenticeship term and related training requirements, and upon appropriate recommendation by the employer, the approval agency must issue to the apprentice a certificate of completion of apprenticeship.

Subp. 14.

Modification of program.

Details of a program may be modified from time to time subject to approval by the director. Any modification cannot, at the time of modification, affect apprenticeship agreements then in effect without the consent of the parties to the agreement. The employer may withdraw from the program by submitting a written request to the approval agency. The approval agency may cancel the standards of apprenticeship for good and sufficient reason, including violation of the Minnesota minimum standards in part 5200.0320.

Subp. 15.

Compliance with Minnesota plan for equal employment opportunity in apprenticeship.

The provisions of the apprenticeship program must comply with part 5200.0370 and must include an approved equal opportunity pledge.

Statutory Authority:

MS s 14.388; 178.041

History:

9 SR 2008; 33 SR 130; 35 SR 505

Published Electronically:

October 4, 2010