Report Title:

Apprenticeships; Standards for Apprenticeship Agreements; Apprenticeship Council

Description:

Amends the standards for apprenticeship agreements to include assurances of qualified training personnel, adequate job supervision, and the requisite licenses. Requires the director of DLIR to establish an apprenticeship council whose purpose is to promote and approve apprenticeship programs. Provides that these changes are only effective upon written approval by the OATELS. (SB1889 HD1)

THE SENATE

S.B. NO.

1889

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to apprenticeships.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 372-3, Hawaii Revised Statutes, is amended to read as follows:

"§372-3 Standards for agreements. "Standards for apprenticeship agreements" are as follows:

(1) A statement of the trade or craft to be taught and the required months or hours for completion of apprenticeship which shall be not less than twelve months or two thousand hours of reasonably continuous employment;

(2) A statement of the processes in the trade or craft divisions in which the apprentice is to be taught and the approximate amount of time to be spent at each process;

(3) A statement of the number of hours to be spent in related instruction which shall not be less than one hundred and forty-four hours per year; provided that the department of labor and industrial relations may, in the best interest of apprenticeship, reduce the hours of related instruction;

(4) A statement that apprentices shall be not less than sixteen years of age;

(5) A statement of the progressively increasing scale of wages to be paid the apprentice;

(6) Provision for a period of probation during which the director of labor and industrial relations shall be directed to terminate an apprenticeship agreement at the request in writing of any party thereto;

(7) Provision that after the probationary period the director may terminate an apprenticeship agreement upon agreement of the parties thereto;

(8) Provision that the services of the department may be utilized for consultation regarding the settlement of differences arising out of the apprenticeship agreement where the differences cannot be adjusted locally or in accordance with the established trade procedure;

(9) Provision to specify the ratio of apprentice to journey worker;

(10) Provision that if an employer is unable to fulfill the employer's obligation under the apprenticeship agreement, the employer may transfer the obligation to another employer;

(11) Assurance of qualified training personnel, adequate supervision on the job, and the requisite specialty licenses relevant to the trade or craft;

(12) In the instance of parallel programs, assurance that a continuing need exists in the trade or group of trades, and compliance with the "equal to or better than" requirement; and

[(11)] (13) Such additional standards as may be prescribed in accordance with this chapter[.];

provided that paragraphs (11) and (12) shall be effective only upon written approval by the Office of Apprenticeship Training, Employer, and Labor Services.

An apprentice who, prior to entering into an agreement, has had training or experience or both in the trade or craft in which the apprentice is employed as an apprentice may be granted full or partial credit for the training or experience on the recommendation of the employer or the joint apprenticeship committee with the approval of the director."

SECTION 2. Section 372-4, Hawaii Revised Statutes, is amended to read as follows:

"§372-4 Apprenticeship council. [The] Upon written approval by the Office of Apprenticeship Training, Employer, and Labor Services, the director of labor and industrial relations [may] shall establish within the department of labor and industrial relations a committee to be known as the apprenticeship council [which shall sit in an advisory capacity to the director on matters within the jurisdiction of the department relating to apprenticeship programs.] to promote and approve apprenticeship programs consistent with the standards for agreements. The membership and organization of the council shall be determined by the director. The members of the council shall be appointed and removed at the pleasure of the director. The director or the director's subordinate officer in charge of the apprenticeship program shall act as secretary of the council."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval; provided that if the director of the department of labor and industrial relations does not receive written approval from the Office of Apprenticeship Training, Employer, and Labor Services pursuant to sections 1 and 2 of this Act, then sections 372-3 and 372-4, Hawaii Revised Statutes, shall be reenacted in the form in which these sections read on the day before the approval of this Act.