§ 1111. Definitions
As used in this chapter:
(1) “Accessibility” means the design, construction, development, and maintenance of facilities,
information and communication technology, programs, and services so that all people,
including people with disabilities, can fully and independently use them. “Accessibility”
includes the provision of accommodations and modifications to ensure equal access
to employment and participation in activities for people with disabilities, the reduction
or elimination of physical and attitudinal barriers to equitable opportunities, a
commitment to ensuring that people with disabilities can independently access every
outward-facing and internal activity or electronic space, and the pursuit of best
practices such as universal design.
(2) “Advanced standing” means a process for reviewing and granting credit for prior related
work experience or related technical instruction for an incoming apprentice or career
seeker that allows the individual to accelerate the completion of the registered apprenticeship
program.
(3) “Apprentice” means an individual who is:
(A) 16 years of age or older, except when a higher minimum age standard is otherwise fixed
by law;
(B) employed to learn an apprenticeable occupation under the standards of apprenticeship
established under section 1117, standards of apprenticeship, of this title; and
(C) registered with the Department.
(4) “Apprenticeable occupation” means an occupation approved by the federal Office of
Apprenticeship or by the Department as an occupation that:
(A) is specified, identified, and commonly recognized throughout an industry;
(B) involves skills that are customarily learned in a practical way through a structured,
systematic program of on-the-job supervised learning;
(C) involves the progressive attainment of manual, mechanical, or technical skills and
knowledge that, in accordance with the industry standard for the occupation, would
require the completion of a minimum of 2,000 hours or one-year of on-the-job learning
to attain; and
(D) requires related technical instruction to supplement the on-the-job learning.
(5) “Apprenticeship agreement” means a written agreement, on forms approved by the Department
under section 1119, registered apprentices, of this title, between an apprentice and
either the apprentice’s program sponsor or an apprenticeship committee acting as agent
for the program sponsor, that contains the terms and conditions of the employment
and training of the apprentice.
(6) “Apprenticeship program” or “local apprenticeship training program” means a program
registered with the Department or the federal Office of Apprenticeship that includes
a written plan containing all terms and conditions for the qualification, recruitment,
selection, employment, and training of apprentices, as minimally required under 29 C.F.R. Parts 29 and 30.
(7) “Certificate of completion” means a document issued by the Department that certifies
that the named apprentice has met all the requirements set forth in an apprenticeship
program.
(8) “Certificate of registration” means a document issued by the Department that certifies
that the named sponsor’s apprenticeship program meets the requirements for registration
under section 1115, program registration, of this title and identifies the registration
status as either provisional or permanent.
(9) “Competency” means the attainment of knowledge, skills, and abilities in a subject
area, as specified by an occupational skill standard and demonstrated by an appropriate
written or hands-on proficiency measurement.
(10) “Commissioner” means the Commissioner of the Vermont Department of Labor.
(11) “Department” means the Vermont Department of Labor.
(12) “Director” or “State Director” means the director of the Vermont Registered Apprenticeship
Program.
(13) “Diversity” means the practice of including the many communities, identities, races,
ethnicities, backgrounds, abilities, cultures, and beliefs of Vermonters, including
underserved communities.
(14) “Equity” means the consistent and systemic fair, just, and impartial treatment of
all individuals, including individuals who belong to underserved communities that
have been denied such treatment.
(15) “Fringe benefits” means benefits, including health insurance, retirement benefits,
paid vacations and holidays, sick leave, and similar benefits that are incidents of
employment.
(16) “Inclusion” means the recognition, appreciation, and use of the talents and skills
of employees of all backgrounds.
(17) “Interim credential” means a credential issued by the Department, upon request of
a sponsor, that certifies specific competency attainment by an apprentice.
(18) “Journey-worker” 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. The term may also refer to a mentor, technician, specialist,
or other skilled worker who has documented proficient skills and knowledge of an occupation,
either through formal apprenticeship or through practical on-the-job experience and
formal training, or to describe any person who has achieved recognition in the person’s
profession as a “master.”
(19) “Mentor” or “supervisor” means a journey-worker who assists in a registered apprenticeship
program and who works with or oversees the work of an apprentice, assigns tasks, reviews
performance, and is generally someone who facilitates personal and professional growth
in the apprentice by sharing the knowledge learned through years of experience on
the job.
(20) “National Guideline Standards” means a template of high-quality apprenticeship program
standards submitted by a labor union, trade or industry association, employer, workforce
intermediary, education provider, or other organizations with national scope, which
standards may be certified by the federal Office of Apprenticeship.
(21) “National Program Standards of Apprenticeship” or “National Program Standards” (NPS)
are programs that are registered by the federal Office of Apprenticeship on a national
basis and that consist of occupational standards that any Vermont employer may sign
on to or under which any individual may be apprenticed.
(22) “Nontraditional apprenticeship population” means a group of individuals, such as individuals
from the same gender, race, or ethnicity, the members of which comprise fewer than
25 percent of the program participants in an apprenticeable occupation.
(23) “Nontraditional apprenticeship industry or occupation” refers to an industry sector
or occupation that represents fewer than 10 percent of apprenticeable occupations
or the programs under the national apprenticeship system.
(24) “Office of Apprenticeship” means the part of the U. S. Department of Labor responsible
for the National Apprenticeship System and the implementing regulations.
(25) “Pre-apprentice” means a participant in a registered pre-apprenticeship program.
(26) “Pre-apprenticeship program” means a training model or program that prepares individuals
for acceptance into an apprenticeship program and that is registered by the Department
as provided in section 1123 of this chapter, pre-apprenticeship program, or, as applicable,
the federal Office of Apprenticeship.
(27) “Provisional registration” or “provisional approval” means a temporary approval status
granted to newly registered programs that lasts one year and is followed by an evaluation
to determine whether it will:
(A) qualify for permanent recognition;
(B) maintain provisional status until more information is available to make a complete
program assessment; or
(C) commence the process for deregistration.
(28) “Quality assurance assessment” means a comprehensive review conducted by the Department
regarding all aspects of an apprenticeship program’s performance, including determining
whether:
(A) apprentices are receiving on-the-job training consistent with the schedule outlined
in the registered standards for the apprenticeship program;
(B) scheduled wage increases are consistent with the registered standards for the apprenticeship
program;
(C) related technical instruction through the appropriate curriculum and delivery systems
is compliant with any relevant federal and State standards; and
(D) the Department is receiving notification of all new apprentices in a registered apprenticeship
program, apprentices who leave a registered apprenticeship program, and apprentices
who complete the registered apprenticeship program within 45 business days of those
changes.
(29) “Registration agency” means the Vermont Department of Labor acting as the designated
State Apprenticeship Agency, which may also be referred to as the “Vermont Registered
Apprenticeship Program.”
(30) “Related technical instruction” or “related instruction” means an organized and systematic
form of instruction, concurrent with on-the-job training, designed to provide an apprentice
with the knowledge of the theoretical and technical subjects related to the apprentice’s
occupation. Such instruction may be accomplished through classroom, occupational,
or industrial courses, or by correspondence courses of equivalent value, electronic
media, or other forms of self-study approved by the Department.
(31) “Sponsor” means an employer, a joint labor-management organization, a trade association,
a professional association, a labor organization, an education and training provider,
or a qualified intermediary that is applying to register, administer, and operate
an apprenticeship program.
(32) “State Apprenticeship Agency” means the Vermont Department of Labor as the federally
designated apprenticeship agency and may also refer to the “Vermont Registered Apprenticeship
Program.”
(33) “Underserved communities” means the populations sharing a particular characteristic,
as well as geographic communities, who have been systematically denied a full opportunity
to participate in aspects of economic, social, and civic life. This term includes
individuals who belong to communities of color, such as Black and African American,
Hispanic and Latino, Native American, Alaskan Native and Indigenous, Asian American,
Native Hawaiian and Pacific Islander, Middle Eastern, and North African persons. It
also includes individuals who belong to communities that face discrimination based
on sex, sexual orientation, and gender identity, including lesbian, gay, bisexual,
transgender, queer, gender non-conforming, and non-binary (LGBTQ+ persons); persons
who face discrimination based on pregnancy or pregnancy-related conditions; parents;
and caregivers. It also includes individuals who belong to communities that face discrimination
based on their religion and disability; first-generation professionals or first-generation
college students; individuals with limited English proficiency; immigrants; individuals
who belong to communities that may face employment barriers based on older age or
former incarceration; persons who live in rural areas; veterans and military spouses;
and persons otherwise adversely affected by persistent poverty, discrimination, or
inequality. Individuals may belong to more than one underserved community and face
intersecting barriers.
(34) “Vermont Apprenticeship Advisory Board” or “Board” means the entity created in section
1114, Vermont Apprenticeship Advisory Board, of this title and described as a “State
Apprenticeship Council” in 29 C.F.R. Part 29 that supports Vermont’s registered apprenticeship system.
(35) “Youth apprentice” means a participant, 16 or 17 years of age, in a youth apprenticeship
program.
(36) “Youth apprenticeship program” means a program registered by the Department as provided
in section 1124, youth apprenticeship programs, of this title or, as applicable, by
the federal Office of Apprenticeship. (Added 2023, No. 55, § 1, eff. July 1, 2023; amended 2023, No. 85 (Adj. Sess.), § 159, eff. July 1, 2024.)
§ 1112. State Apprenticeship Agency
(a) The Department is the federally designated State Apprenticeship Agency and has the
responsibility to oversee apprenticeship programs and apprentices in Vermont.
(b) The Department shall take all necessary steps as required and permitted by law to maintain its status as the State Apprenticeship Agency and its recognition by the federal Office of Apprenticeship under 29 C.F.R. § 29.13. (Added 2023, No. 55, § 1, eff. July 1, 2023; amended 2023, No. 85 (Adj. Sess.), § 160, eff. July 1, 2024.)
§ 1113. Vermont Registered Apprenticeship Program
(a) Purpose.
(1) The Vermont Registered Apprenticeship Program shall develop and regulate apprenticeship
programs, pre-apprenticeship, and youth apprenticeship programs that are industry-driven,
high-quality career pathways in partnership with employers to attract, train, and
develop talent.
(2) The Vermont Registered Apprenticeship Program shall coordinate with State and local
workforce development entities that serve individuals seeking employment and shall
partner with State and local education and economic development leaders to expand
the use of apprenticeship programs as a workforce and economic development strategy.
(b) Administration. The Vermont Registered Apprenticeship Program shall be administered by the Department
and shall employ a Director of Apprenticeship who shall serve as the primary point
of contact with the federal Office of Apprenticeship and who shall have overall responsibility
for the administration of the Vermont Registered Apprenticeship Program.
(c) Operation. The Vermont Registered Apprenticeship Program shall:
(1) develop, register, monitor, and maintain records of program standards for apprenticeship
programs, pre-apprenticeship programs, and youth apprenticeship programs;
(2) promote and provide technical support to employers, sponsors, education and training
providers, workforce and economic development providers, jobseekers, and apprentices
related to apprenticeship programs;
(3) develop and support strategies that promote diversity, equity, accessibility, and
inclusion in apprenticeship programs;
(4) expand the number of apprenticeship programs and opportunities to meet employer and
worker needs;
(5) administer apprenticeship programs and apprenticeship agreements, including issuing
certificates of program registration, certificates of completion, interim credentials,
and apprentice registration cards to comply with intra-and interstate requirements;
(6) maintain a publicly available list and information about apprenticeship programs and
sponsors;
(7) determine, evaluate, and approve standards for the registration of an apprenticeship
program;
(8) perform quality assurance assessments and monitor programs;
(9) maintain records related to program registration and deregistration, apprentices enrollment
and completion, compliance reviews and investigations, and any other matters required
by State or federal law;
(10) report on program outcomes;
(11) deregister programs that are not in compliance with the requirements of this chapter;
(12) develop and submit regular strategic and implementation plans, including the State
Plan for Equal Employment Opportunity in Apprenticeship, as required by 29 C.F.R. Part 30;
(13) promote and develop reciprocity agreements with other states to support the recognition
of apprenticeship programs and enable portability of credentials;
(14) assist in the adoption and implementation of National Guideline Standards or National
Program Standards;
(15) coordinate alignment in apprenticeship program development and implementation with
employers, sponsors, education and training providers, and other stakeholders; and
(16) maximize available State and federal funding to expand the availability of apprenticeship
programs to Vermont employers and workers.
(d) Powers and duties.
(1) The Commissioner shall:
(A) adopt rules to implement the Vermont Registered Apprenticeship Program, ensuring that
it complies with State law and federal regulations;
(B) promote equality of opportunity in apprenticeship programs pursuant to the State Plan
for Equal Employment Opportunity in Apprenticeship as required by 29 C.F.R. Part 30;
(C) support the integration of apprenticeship programs into the education, workforce,
and economic development systems in the State;
(D) establish journey-worker to apprentice ratios and procedures for variance requests
for ratios in accordance with section 1116, ratios, of this title, except that the
ratio in youth apprenticeship programs shall not exceed 1:1;
(E) safeguard the rights of employers and apprentices engaged in an apprenticeship program;
and
(F) direct the distribution of funds to support apprentices and apprenticeship programs.
(2) The Director shall:
(A) advise the Commissioner on the adoption of rules concerning the Vermont Registered
Apprenticeship Program;
(B) approve new apprenticeable occupations in consultation with the Board;
(C) approve and oversee the development, registration, monitoring, and maintenance of
program standards for apprenticeship, pre-apprenticeship, and youth apprenticeship
programs; and
(D) approve and oversee the registration of apprentices, maintenance of apprenticeship
agreements, and issue certificates of completion and interim credentials.
(e) Strategic planning and reporting. The Vermont Registered Apprenticeship Program shall:
(1) develop and disseminate a strategic plan once every five years, beginning on July
1, 2024;
(2) prepare and submit to the Vermont General Assembly an annual report on the status
of the Vermont Registered Apprenticeship Program on or before December 1 of each year
that includes:
(A) general program statistics, including a list of programs by county;
(B) an analysis of apprentices in the program disaggregated by age, race, sex, gender
identity, New American status, Veteran status, disability, industry, and education
status, including participation in career and technical education;
(C) nontraditional occupations by gender and race;
(D) new occupations approved;
(E) an analysis of the average starting and ending wage by occupation;
(F) new sponsors, employers, or industries involved with programs over the previous period;
(G) a summary of how allocated funds were used and analysis of the impact of those funds;
and
(H) summary of significant activities of the program. (Added 2023, No. 55, § 1, eff. July 1, 2023; amended 2023, No. 85 (Adj. Sess.), § 161, eff. July 1, 2024.)
§ 1114. Vermont Apprenticeship Advisory Board
(a) Creation and purpose. The Vermont Apprenticeship Advisory Board is established to advise the Department,
sponsors, employers, and related-instruction providers and to promote the development
and strengthening of apprenticeship programs.
(b) Members and terms.
(1) The Board shall be composed of the following members:
(A) the Commissioner of Labor or designee, who shall serve as the Chair;
(B) the Director, who shall serve as the Secretary;
(C) the Secretary of Education or designee;
(D) a member of the State Workforce Development Board, appointed by the Chair of the Board;
(E) two representatives of a recognized union organization representing occupations with
an apprenticeship program, appointed by the Governor;
(F) two representatives of employer program sponsors, appointed by the Governor;
(G) one representative of related instruction or training from an adult or secondary career
technical education program, appointed by the Governor;
(H) two representatives from underserved communities, appointed by the Governor.
(2) A member other than the Commissioner of Labor, the Director, and the Secretary of
Education shall be appointed to a term of three years, except as follows:
(A) The member appointed pursuant to subdivision (1)(D) of this subsection (b) shall serve
an initial term of one year.
(B) The members appointed pursuant to subdivisions (1)(E)–(F) of this subsection (b) shall
serve initial terms of two years.
(3) If a member fails to complete the member’s full term, the Governor shall appoint a
new member to complete the remainder of the term.
(4) A member shall serve at the pleasure of the Governor.
(5) Members not compensated for their time otherwise shall receive a per diem stipend
for days of service to the Board and may be reimbursed for their necessary expenses
incurred in attendance at meetings and in the performance of their official duties
pursuant to 32 V.S.A. § 1010.
(c) Duties. The Board shall:
(1) Receive and review reports from the Department regarding provisional and registered
apprenticeship programs, including programs under development and program deregistration
proceedings.
(2) Advise the Department on the creation of new apprenticeable occupations.
(3) Advise the Commissioner on requests for ratio variances.
(4) Advise the Department on policies and procedures developed by the Department and on
adoption of rules.
(5) Provide technical guidance for identifying and promoting best practices in operating
apprenticeship programs.
(6) Create and convene working groups that are tasked with specific activities related
to improving the quality, safety, diversity, and alignment of apprenticeship programs.
Working group membership is not limited to appointed members of the Board and shall
be selected and serve at the discretion of the Chair.
(d) Meetings.
(1) The Board shall meet at least quarterly, or more frequently at the request of the
Chair, to accomplish the objectives of the Vermont Apprenticeship Advisory Board.
(2) The Board shall adhere to Vermont’s Open Meeting law, including requirements for public
meeting notices, publishing agendas, and recording minutes.
(e) The Board shall have the administrative, technical, and legal assistance of the Department. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
§ 1115. Program registration and operation
(a) Application.
(1) A sponsor may apply with the Vermont Registered Apprenticeship Program for review
and approval of a request to register a local apprentice training program within the
State.
(2) A local apprentice training program is registered upon its acceptance and recording
by the Vermont Registered Apprenticeship Program as meeting the basic standards and
requirements for approval of such a program and in compliance with rules established
by the Commissioner.
(b) Eligibility for registration of an apprenticeship program.
(1) To be eligible for registration an employer or sponsor must:
(A) be registered as a business in “active” status with the Secretary of State’s Office
and the business name and address must match that of the business requesting to be
registered as a program;
(B) be current and in good standing with the Department of Taxes;
(C) be current and in good standing with the Department of Labor’s Unemployment Insurance
program;
(D) be compliant with the Department of Labor’s Workers’ Compensation program; and
(E) meet any occupation specific requirements as established by the Vermont Registered
Apprenticeship Program for specific occupations.
(2) Employers or sponsors found not to meet the requirements of subsection (b) of this
section shall be given notice and allowed 30 business days to resolve any outstanding
issue before action is taken on the registration request.
(3) An employer that seeks to register using National Program Standards (NPS) or National
Guideline Standards (NGS) shall meet the requirements of this section.
(c) Procedure for registering an apprenticeship program.
(1) An employer or sponsor’s request to register an apprenticeship program shall be submitted
to the Director using the form and submission method published on the Department’s
website.
(2) Incomplete submissions shall not be considered.
(3) A complete request shall include:
(A) written and complete standards of apprenticeship, including minimum qualifications;
(B) a work process schedule for each occupation;
(C) related technical instruction outline for each occupation;
(D) selection procedures, including procedures for advanced standing; and
(E) a wage schedule for each occupation.
(4) An employer or program sponsor shall identify any proprietary information or processes
within the registration request. Proprietary information obtained from an employer
or program sponsor in the administration of this chapter shall be held confidential
and shall not be disclosed or open to public inspection without the written authorization
of the employer or program sponsor.
(d) Review; provisional and permanent approval.
(1) The Vermont Registered Apprenticeship Program shall review all requests to register
an apprenticeship program for initial conformity with requirements established in
29 C.F.R. § 29.3, 29 C.F.R. Part 30, this chapter, and with any additional requirements established by the Vermont Registered
Apprenticeship Program.
(2) An apprenticeship program that meets the standards for registration shall be given
provisional registration for a period of one year.
(3) An initial provisional registration certificate shall be issued by the Director.
(4) The Vermont Registered Apprenticeship Program shall review an apprenticeship program
for quality and conformity with the requirements of this chapter at the end of the
first year after registration.
(5) An apprenticeship program that conforms to the requirements may have its registration
made permanent or may continue to be provisionally registered until the end of its
first training cycle or until enough information regarding compliant operation can
be made available.
(6) When an apprenticeship program has completed its provisional review period and is
found to be compliant, the Director shall issue a certificate of permanent registration.
(e) Ongoing review.
(1) The Department shall conduct subsequent reviews of every registered apprenticeship
program every five years.
(2) If it is found that an apprenticeship program is not in operation or does not conform
to the requirements of this chapter, the Department shall deregister that program
in accordance with section 1120, deregistration, of this title.
(f) Union participation.
(1) An apprenticeship program may be proposed for registration by an employer, group of
employers, or an industry association.
(2) If a standard or a collective bargaining agreement or other instrument exists for
one or more of the employers or an industry association, that provides for participation
by a union and concerns any aspect of the operation of the substantive matters of
an apprenticeship program, a written acknowledgment by the union about the terms of
the proposed program and any objections it may have shall accompany the program registration
request.
(g) Certificate. If the Vermont Registered Apprenticeship Program approves an apprenticeship program,
it shall register that apprenticeship program and issue a sponsor approval certificate
indicating the approval status as provisional or permanent and may include an expiration
date or similar notice that communicates the relationship with the program review
cycle.
(h) National programs.
(1) Organizations with a national or multistate footprint wishing to adopt and implement
National Guideline Standard programs within the State shall notify the Director within
45 business days of the planned start date of the apprenticeship program.
(2) National Program Standard holders who wish to afford Vermont residents the opportunity
to apprentice in a NPS program shall notify the Director within 45 business days and
shall follow other minimal requirements as may be required by the Vermont Registered
Apprenticeship Program for reciprocal approval.
(i) Program operation.
(1) Probationary employment. A sponsor shall submit the name of a person in a period of probationary employment
as an apprentice under an apprenticeship program within 45 days after the start of
employment to the Vermont Registered Apprenticeship Program to establish the apprentice
in probationary status.
(2) Changes in status. A sponsor shall notify the Vermont Registered Apprenticeship Program, using methods
and procedures approved by the Director, within 45 business days after a registered
apprentice:
(A) successfully completes an apprenticeship program;
(B) transfers to other programs with the same sponsor or to other sponsors;
(C) is suspended;
(D) is canceled; or
(E) is reinstated.
(3) Program changes.
(A) A sponsor shall not make a change to an apprenticeship program unless the change is
approved by the Vermont Registered Apprenticeship Program.
(B) To make a change to an apprenticeship program, a sponsor shall submit a request to
the Vermont Registered Apprenticeship Program.
(C) The Director shall approve or deny the requested change within 90 business days from
receipt of the request.
(D) If approved, the change will be recorded and acknowledged by the Vermont Registered
Apprenticeship Program within 90 business days.
(E) If denied, the Vermont Registered Apprenticeship Program shall notify the sponsor
of the disapproval and the reason for the disapproval and provide the appropriate
technical assistance. (Added 2023, No. 55, § 1, eff. July 1, 2023; amended 2023, No. 85 (Adj. Sess.), § 162, eff. July 1, 2024.)
§ 1116. Ratios
(a) Ratios; variances.
(1)(A) Except as otherwise provided in this section, the ratio of apprentices to journey-workers
shall be 1:1.
(B) For each apprentice who completes 2,000 hours of on-the-job training, the ratio may
increase to 2:1.
(C) The ratio shall not exceed two apprentices for each journey-worker unless a variance
to the ratio is approved by the Commissioner.
(D) Variances shall not be permitted for youth apprenticeships.
(2)(A) A sponsor or an employer may request to modify the ratio of journey-worker to apprentices
for one or more years of an apprenticeship program.
(B) The request shall be in writing and include the following information:
(i) the capacity of the employer to maintain the quality of supervision of on-the-job
training set forth in their program standards with added apprentices;
(ii) the impact of higher ratios on the learning experience of existing apprentices and
steps taken to ensure that apprentices are not disadvantaged in the quality of their
on-the-job learning, mentoring, and supervision by higher ratios; and
(iii) an occupational safety analysis that describes the specific risks to apprentices,
journey-workers, and the general public and what steps will be taken to mitigate each
risk.
(3)(A) The Commissioner, with advice from the Director, the Director of the Vermont Occupational
Safety and Health Administration, and the Board shall review the request and respond
in writing within 90 days after receipt of the request.
(B) In evaluating a request, the Commissioner may affirm or modify a ratio upon a determination
that the new ratio:
(i) will not endanger the safety of apprentices or the journey-worker; and
(ii) will not materially impair the quality of the on-the-job training.
(4) Nothing in this section shall be construed as prohibiting a sponsor or employer from
establishing a ratio that permits or requires more than one journey-worker for each
apprentice or as invalidating a collective bargaining agreement that permits or requires
more than one journey-worker for each apprentice.
(5)(A) In a period of emergency declared by the Governor, the Commissioner may approve a
higher ratio for one or more employers or sponsors without the need for an individual
written request. The Commissioner shall receive advice from the Board prior to issuing
a blanket ratio variance under this subsection.
(B) When the period of emergency expires, any ratio variances approved by the Commissioner
under this subdivision (5) shall terminate and the sponsor shall comply with the requirements
of this section governing ratios.
(b) National Program Standards programs. Employers who participate in a National Apprenticeship Standards Program whose approved
ratio is greater than 1:1 shall operate under the State’s default 1:1 ratio requirement
unless a variance is approved under this section. (Added 2023, No. 55, § 1, eff. July 1, 2023; amended 2023, No. 85 (Adj. Sess.), § 163, eff. July 1, 2024.)
§ 1117. Standards of apprenticeship
(a) An apprenticeship program shall conform to the standards identified in this section
to be eligible for approval and registration by the Vermont Registered Apprenticeship
Program.
(b) A program sponsor shall have an organized, written plan specifying program standards
that embody the terms and conditions of employment, training, and supervision of one
or more apprentices in an apprenticeable occupation and subscribed to by a sponsor
who has undertaken to carry out the local apprentice training program.
(c) The written plan shall contain provisions that address the following:
(1) Apprenticeable occupation. The employment and training of the apprentices in an apprenticeable occupation.
(2) Term and modality of program. The term of the program measured using either a time-based approach, competency-based
approach, or a hybrid approach.
(A) The time-based approach measures skill acquisition through the individual apprentice’s
completion of a minimum of 2,000 hours to a maximum of 10,000 hours of on-the-job
learning as described in a work process schedule.
(B) The competency-based approach measures skill acquisition through the individual apprentice’s
successful demonstration of acquired skills and knowledge, as verified by the program
sponsor, and cannot be less than one year in length. Programs utilizing this approach
shall require apprentices to complete an on-the-job learning component. The program
standards shall address how on-the-job learning will be integrated into the apprenticeship
program, describe competencies, and identify appropriate means of testing and evaluation
for such competencies.
(C) The hybrid approach measures 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.
(D) The determination of the appropriate approach for the apprenticeship program standards
is made by the program sponsor, subject to the approval by the Vermont Registered
Apprenticeship Program.
(3) Work process. An outline of the work processes in which the apprentice will receive supervised
work experience and on-the-job training and the allocation of the approximate amount
of time to be spent in each major process.
(4) Related instruction and instructor requirements. An organized description of related instruction and technical subjects related to
the occupation that shall include a minimum of 144 hours of related technical instruction
for each year of apprenticeship. Instruction and technical subjects may be accomplished
through media such as classroom, occupational or industry courses, electronic media,
or other instruction approved by the Vermont Registered Apprenticeship Program. Every
apprenticeship instructor shall:
(A) Meet the Agency of Education’s requirements for a career and technical education instructor
or be a subject matter expert, which is an individual, such as a journey-worker, who
is recognized within an industry as having expertise in a specific occupation.
(B) Have training in teaching techniques and adult learning styles. This training may
occur not later than one year after the apprenticeship instructor has started to provide
the related technical instruction.
(5) Wage schedule. A schedule of progressively increasing wages to be paid to an apprentice consistent
with the skill acquired. The entry wage shall not be less than minimum wage or 50
percent of the journey-worker rate, whichever is highest, for adult registered apprentices,
unless a higher wage is required by other applicable State law or rules or federal
law or regulations, or by collective bargaining agreement. For purposes of this subdivision,
“journey-worker rate” is the rate of pay established by the sponsor for an apprentice
who has met all of the skill, knowledge, and competency requirements for that occupation.
(6) Fringe benefits. Fringe benefits made available to nonapprentices within the company shall also be
available to apprentices registered in the company’s apprenticeship program.
(7) Apprentice performance evaluation. Provision for periodic review and evaluation of the apprentice’s performance on the
job and in related instruction and the maintenance of appropriate progress records,
including maintaining records of hours worked for those apprentices in time-based
programs.
(8) Ratio. Provision for a numeric ratio of apprentices to journey-workers consistent with proper
supervision, training, safety, and continuity of employment and with applicable provisions
in collective bargaining agreements, except where such ratios are expressly prohibited
by the collective bargaining agreement. The ratio language shall be specific and clearly
described as to its application to the job site, workforce, department, or plant.
The ratio shall comply with the requirements set forth in this chapter. Any variances
requested to the set ratio shall be approved in advance of the variance being applied
to the apprenticeship program.
(9) Probationary period. 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 cannot exceed 25 percent of the length of the apprenticeship program, or one
year, whichever is shorter.
(10) Equipment and facilities. Provision for adequate and safe equipment and facilities for training and supervision,
and safety training for apprentices on the job and in related instruction.
(11) Minimum qualifications. Facially neutral, minimum qualifications required by the sponsor for persons entering
the apprenticeship program, with an eligible starting age of not less than 16 years
of age, or 18 years of age if required by State law or rules or by federal law or
regulations.
(12) Placement. Provision for the placement of an apprentice under a written apprenticeship agreement
that meets the requirements of this chapter and 29 C.F.R. § 29.7 is approved by the Vermont Registered Apprenticeship Program, and directly, or by
reference, incorporates the standards of the apprenticeship program as part of the
agreement.
(13) Registration cards. Provision that identifies the need for a card to be produced that confirms the registration
status of an apprentice in an approved occupation.
(14) Advanced Standing. Provision for the granting of advanced standing or credit for demonstrated competency,
acquired experience, training, or skills, that shall be applied to all applicants
equally with commensurate wages for any progression step so granted.
(15) Transfer. Provision for transfer of an apprentice between apprenticeship programs and within
an apprenticeship program. Such a transfer shall be based on agreement between the
apprentice and the affected apprenticeship committees or program sponsors, and shall
comply with the following requirements:
(A) the transferring apprentice shall be provided a transcript of related instruction
and on-the-job learning by the program sponsor;
(B) the transfer shall be to the same occupation; and
(C) a new apprenticeship agreement shall be executed when the transfer occurs between
program sponsors.
(16) Qualified training personnel. Assurance of qualified training personnel and adequate supervision on the job.
(17) Completion. Provision for recognition for successful completion of apprenticeship evidenced by
an appropriate certificate issued by the Vermont Registered Apprenticeship Program.
(18) Interim and stackable credentials. Apprenticeship 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 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.
(19) Registration agency. Identification of the Vermont Department of Labor as the registration agency.
(20) Program modifications. Provision for the registration, cancellation, and deregistration of the apprenticeship
program and for the prompt submission of any program standard modification or amendment
to the Vermont Registered Apprenticeship Program for approval.
(21) Registering apprentices. Provision for apprenticeship agreements, modifications, and amendments; notice to
the Vermont Registered Apprenticeship Program of persons who have successfully completed
apprenticeship programs within 45 days after completion of all requirements; and notice
of transfers, suspensions, and cancellations of apprenticeship agreements and a statement
of the reasons for the action, transfer, suspension, or cancellation.
(22) Cancellation. Provision for the authority to cancel an apprenticeship agreement during the probationary
period by either party without cause.
(23) Equal Employment Opportunity. Provision for compliance with 29 C.F.R. Part 30, including the equal opportunity pledge prescribed in 29 C.F.R. § 30.3(c); an affirmative action program complying with 29 C.F.R. § 30.4 and a method for the selection of apprentices complying with 29 C.F.R. § 30.10, or compliance with parallel requirements contained in the Department’s State Plan
for Equal Employment Opportunity in Apprenticeship adopted under 29 C.F.R. Part 30 and approved by federal Office of Apprenticeship. The apprenticeship standards shall
also include a statement that the program will be conducted, operated, and administered
in conformity with applicable provisions of 29 C.F.R. Part 30, as amended, or if applicable the State Plan for Equal Employment Opportunity in
Apprenticeship.
(24) Contact information. The name, physical address, telephone number, and e-mail address for the appropriate
individual with authority under the apprenticeship program to receive, process, and
make disposition of complaints.
(25) Recordkeeping. Provision for recording and maintenance of all records concerning apprenticeship
as may be required by the Vermont Registered Apprenticeship Program and other applicable
law. (Added 2023, No. 55, § 1, eff. July 1, 2023; amended 2023, No. 85 (Adj. Sess.), § 164, eff. July 1, 2024.)
§ 1118. Apprenticeship program minimum enrollment; evaluation
(a) Minimum number of apprentices. An apprenticeship program, including occupations registered to the program, shall
have at least one registered apprentice, except for the following specified periods
of time if the periods do not exceed one year:
(1) between the date when the apprenticeship program is registered and the date of registration
for its first apprentice; or
(2) between the date that the apprenticeship program graduates an apprentice and the date
of registration for the next apprentice or apprentices in the program.
(b) Evaluation. The Vermont Registered Apprenticeship Program shall adopt tools and factors to evaluate
the performance of apprenticeship programs, including the following:
(1) quality assurance assessments;
(2) Equal Employment Opportunity compliance reviews; and
(3) completion rates.
(A)(i) To evaluate completion rates, the Vermont Registered Apprenticeship Program shall
review an apprenticeship program’s completion rates in comparison to the national
average for completion rates.
(ii) Based on review, the Vermont Registered Apprenticeship Program may provide technical
assistance to apprenticeship programs with completion rates lower than the national
average.
(B) Cancellation of apprenticeship agreements during the probationary period shall not
have an adverse impact on a sponsor’s completion rate. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
§ 1119. Apprentices registered; agreement
(a) Apprentices shall be individually registered under a registered sponsor and in an
apprenticeship program.
(b) Registration is complete when the sponsor files a signed, completed apprenticeship
agreement with the Vermont Registered Apprenticeship Program and it is reviewed and
approved by the Department.
(c) An apprenticeship agreement shall contain:
(1) the names and signatures of the apprentice, the program sponsor or employer, and of
a parent or guardian of the apprentice if the apprentice is a minor;
(2) the date of birth and Social Security number of the apprentice;
(3) the contact information of the program sponsor and Vermont Registered Apprenticeship
Program;
(4) a statement of the occupation in which the apprentice is to be trained and the beginning
date and duration of apprenticeship;
(5) a statement showing:
(A) 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;
(B) 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; and
(C) the number of hours to be spent in related technical instruction in subjects related
to the occupation, which is required to be not less than 144 hours per year;
(6) 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;
(7) a statement of the graduated scale of wages to be paid to the apprentice and whether
or not the required related instruction is compensated;
(8) statements providing:
(A) for a specific period of probation during which the apprenticeship agreement may be
cancelled by either party to the agreement upon written notice to the registration
agency without adverse impact on the sponsor; and
(B) that, after the probationary period, the apprenticeship agreement may be:
(i) cancelled at the request of the apprentice; or
(ii) suspended or cancelled by the sponsor, for good cause, with due notice to the apprentice
and a reasonable opportunity for corrective action and with written notice to the
apprentice and to the Vermont Registered Apprenticeship Program of the final action
taken;
(9) a reference incorporating as part of the agreement the standards of the apprenticeship
program as they exist on the date of the agreement and as they may be amended during
the period of the agreement;
(10) a statement that the apprentice will be accorded equal opportunity in all phases of
apprenticeship employment and training, without discrimination because of race, color,
religion, ancestry, national origin, sex, sexual orientation, gender identity, place
of birth, crime victim status, genetic information, age, qualified disability, incarceration
history, or any other category protected by State or federal law;
(11) the name, physical address, telephone number, and e-mail address of the appropriate
authority designated under the apprenticeship program to receive, process, and make
disposition of controversies or differences arising out of the apprenticeship agreement
when the controversies or differences cannot be adjusted locally or resolved in accordance
with the established procedure or applicable collective bargaining provisions;
(12) to conform to the federal Equal Employment Opportunity Act of 1972, 42 U.S.C. chapter
21, subchapter VI and for affirmative action compliance in apprenticeship programs,
the voluntary disclosure of the apprentice’s race, sex, gender identity, sexual orientation,
ethnicity, and disability status; and
(13) if the apprentice completed secondary school in Vermont and is between 18 and 25 years
of age, the name of the secondary school from which the apprentice is a graduate,
and if the apprentice attended a regional CTE center, the name of the center where
the apprentice received technical education while in secondary school.
(d) An apprenticeship agreement shall not be modified unless it is in writing and signed
by the parties. (Added 2023, No. 55, § 1, eff. July 1, 2023; amended 2023, No. 85 (Adj. Sess.), § 165, eff. July 1, 2024.)
§ 1120. Deregistration of a registered apprenticeship program
(a) Deregistration. Deregistration of an apprenticeship program shall occur upon the voluntary action
of the sponsor by submitting a request for cancellation of the registration or by
the Vermont Registered Apprenticeship Program instituting formal deregistration proceedings
in accordance with this section.
(b) Deregistration at the request of the sponsor. The Vermont Registered Apprenticeship Program may cancel the registration of an
apprenticeship program by written acknowledgement of such request stating the following:
(1) that the registration is cancelled at the sponsor’s request, and the effective date
thereof;
(2) that, within 15 business days after the date of the acknowledgment, the sponsor will
notify all apprentices of the cancellation and the effective date;
(3) that the cancellation automatically deprives the apprentice of individual registration;
(4) that the deregistration of the program removes the apprentice from coverage for federal
purposes that require the U.S. Secretary of Labor’s approval of an apprenticeship
program; and
(5) that all apprentices are referred to the Vermont Registered Apprenticeship Program
for information about potential transfer to other registered apprenticeship programs.
(c) Deregistration by the Vermont Registered Apprenticeship Program upon reasonable cause.
(1)(A) Deregistration proceedings may be undertaken when the apprenticeship program is not
conducted, operated, or administered in accordance with the program’s registered provisions
or with the requirements of this chapter, including:
(i) failure to provide on-the-job learning;
(ii) failure to provide related technical instruction;
(iii) failure to pay the apprentice a progressively increasing schedule of wages consistent
with the apprentices’ skills acquired; or
(iv) persistent and significant failure of the program to operate or perform successfully.
(B) For purposes of this section, persistent and significant failure to perform successfully
occurs when a program sponsor consistently fails to register at least one apprentice,
shows a pattern of poor quality assessment results over a period of several years,
demonstrates an ongoing pattern of very low completion rates over a period of several
years, or shows no indication of improvement in the areas identified by the Vermont
Registered Apprenticeship Program during a review process as requiring corrective
action.
(C) Where it has been determined that the program is not being operated in accordance
with the registered standards or with the requirements of this chapter, the Vermont
Registered Apprenticeship Program shall notify the program sponsor in writing.
(2) A notice of deregistration sent to the program sponsor’s contact person shall:
(A) be sent by registered or certified mail, with return receipt requested;
(B) state the shortcomings and the remedy required; and
(C) state that a determination of reasonable cause for deregistration will be made unless
corrective action is effected within 30 business days after receiving the notice.
(3) Upon request by the sponsor for good cause, the 30-business-day term may be extended
for another 30 business days. During the period for corrective action, the Vermont
Registered Apprenticeship Program shall assist the sponsor in every reasonable way
to achieve conformity.
(4) If the required correction is not completed within the allotted time, the Vermont
Registered Apprenticeship Program shall send a notice to the sponsor, by registered
or certified mail, return receipt requested, stating the following:
(A) the notice is sent under this section;
(B) the deficiencies that were called to the sponsor’s attention, the remedial measures
requested, with the dates of the occasions and letters, and that the sponsor has failed
or refused to take corrective action;
(C) based upon the stated deficiencies and failure to remedy them, a determination has
been made that there is reasonable cause to deregister the program and the program
may be deregistered unless, within 15 business days following the receipt of this
notice, the sponsor requests a hearing with the Vermont Registered Apprenticeship
Program; and
(D) if the sponsor does not request a hearing, the entire matter will be submitted to
the Commissioner for a decision on the record with respect to registration.
(5) Every order of deregistration shall contain a provision that the sponsor, within 15
business days after the effective date of the order, notify all registered apprentices
of the deregistration of the apprenticeship program, the effective date thereof, that
the cancellation automatically deprives the apprentice of individual registration,
that the deregistration removes the apprentice from coverage for Federal purposes
that require the Secretary of Labor’s approval of an apprenticeship program, and that
all apprentices are referred to the Vermont Registered Apprenticeship Program for
information about potential transfer to other apprenticeship programs.
(d) Reinstatement. An apprenticeship program deregistered under this section may be reinstated upon
presentation to the Vermont Registered Apprenticeship Program of adequate evidence
that the apprenticeship program is operated in accordance with this chapter. (Added 2023, No. 55, § 1, eff. July 1, 2023; amended 2023, No. 85 (Adj. Sess.), § 166, eff. July 1, 2024.)
§ 1121. Limitations
Nothing in this chapter or in an apprenticeship agreement may be construed to invalidate:
(1) the at-will nature of employment in Vermont;
(2) any apprenticeship provision in a collective bargaining agreement between employers
and employees establishing more stringent apprenticeship standards; or
(3) any special provision for veterans, minorities, or women in the standards, apprentice
qualifications, or operation of an apprenticeship program or in the apprenticeship
agreement that is not otherwise prohibited by law, Executive Order, or authorized
regulation or rule. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
§ 1122. Complaints
(a) Any controversy or difference arising under an apprenticeship agreement that cannot
be resolved by the parties and that is not covered by a collective bargaining agreement
may be submitted by an apprentice, or the apprentice’s authorized representative,
to the Vermont Registered Apprenticeship Program for review.
(b)(1) The complaint shall be in writing and signed by the complainant, or authorized representative,
and shall be submitted within 60 business days following the event that gave rise
to the complaint.
(2) The complaint shall set forth the specific matters complained of, together with relevant
facts and circumstances.
(3) Copies of pertinent documents and correspondence shall accompany the complaint.
(c)(1) The Vermont Registered Apprenticeship Program shall render a determination within
90 business days after receipt of the complaint, based upon such investigation of
the matters submitted as may be found necessary, and the record before it.
(2) During the 90-day period, the Vermont Registered Apprenticeship Program shall make
reasonable efforts to affect a satisfactory resolution between the parties involved.
(3) If so resolved, the parties shall be notified that the case is closed.
(4) Where a determination is rendered, copies shall be sent to all interested parties.
(d)(1) This section is not applicable to any complaint concerning discrimination or other
equal opportunity matters.
(2) All such complaints shall be submitted, processed, and resolved in accordance with
applicable provisions in 29 C.F.R. Part 30 or applicable provisions of the Vermont Department of Labor State Plan for Equal
Employment Opportunity in Apprenticeship.
(e) Nothing in this section precludes an apprentice from pursuing any other remedy authorized
under federal or State law. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
§ 1123. Pre-apprenticeship programs
(a) A pre-apprenticeship program is one that is designed to prepare individuals to enter
and succeed in an apprenticeship program by providing instruction and skill development
opportunities to attain competency needed to enter a related apprenticeship program.
(b) A pre-apprenticeship program may be registered by the Department after successfully
demonstrating:
(1) the program is carried out by a sponsor that has a written agreement with at least
one sponsor of an apprenticeship program;
(2) the program engages an active, advisory partnership with an industry leader or sector
partnership to inform the training and education services necessary for a pre-apprenticeship
program;
(3) there is sufficient demand in an apprenticeship program at the completion of a pre-apprenticeship
program to support a transition from the pre-apprenticeship program to an apprenticeship
program;
(4) the program follows a written plan for related instruction and work-based learning
or training that was developed in consultation with the sponsor or sponsors of the
apprenticeship program;
(5) the program includes mentoring, career exposure, career planning, and career awareness
activities;
(6) the program includes paid work-based learning or training, to the extent practicable,
or unpaid work-based learning or training in which an employer or industry partnership
and a related technical instruction provider collaborate to design the learning or
training that will introduce participants to the skills, competencies, and materials
used in one or more apprenticeable occupations;
(7) to the extent appropriate and practicable, the program meets related technical instruction
requirements that include enabling an individual to attain a secondary school diploma
or its recognized equivalent that enables a pre-apprentice to enter into an apprenticeship;
and
(8) the program includes, when relevant, any agreement for advanced standing for the pre-apprentice
upon entering a registered apprenticeship program. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
§ 1124. Youth apprenticeship programs
(a) A youth apprenticeship program is one that prepares a youth apprentice for acceptance
into an apprenticeship program and is designed for youth apprentices who start the
program while still enrolled in high school.
(b) A youth apprenticeship program may be registered by the Department after submitting
the following information:
(1) a written plan that articulates the work processes and how a youth apprentice will
receive supervised work experience and on-the-job training or training in an experiential
setting;
(2) how time spent by a youth apprentice in each major work process will be spent or that
specifies how competencies or proficiencies are aligned between their high school
education and the youth apprenticeship program, and that states which graduation requirements
will be met;
(3) a description of the mentoring that will be provided to the youth apprentice;
(4) a description or timeline explaining the periodic reviews and evaluations of the youth
apprentices performance on the job and in related technical instruction;
(5) a process for maintaining appropriate progress records, including the reviews and
evaluations;
(6) a description of related classroom-based instruction, which may be fulfilled through
dual or concurrent enrollment in secondary or post-secondary courses;
(7) whether and how the program is aligned with high school diploma requirements and career
clusters;
(8) whether the program meets the related technical instruction requirements for an apprenticeship
program;
(9) if a program includes paid work, a progressively increasing, clearly defined schedule
of wages to be paid to the youth apprentice as skills are mastered;
(10) how the program prepares the youth apprentice for placement in further education,
employment, or an apprenticeship program; and
(11) the terms by which the program grants advanced standing or credit to individuals applying
for the youth apprenticeship with demonstrated competency or acquired experience,
training, or skills. (Added 2023, No. 55, § 1, eff. July 1, 2023.)
§ 1125. Career pathway alignment with apprenticeship programs
(a) The Vermont Registered Apprenticeship Program shall coordinate with other State agencies
and departments in the furtherance of registered apprenticeship as a training model
that can advance equity, provide Vermonters with access to good paying careers, and
make available untapped talent for Vermont employers.
(b)(1) The Vermont Registered Apprenticeship Program shall provide technical assistance and
training to sponsors on an ongoing basis related to developing or modifying their
minimum qualifications, equal opportunity requirements, promotion of diversity, apprentice
selection procedures, and other requirements for advanced standing in their standards
of apprenticeship.
(2) The Program shall provide technical assistance and training with assistance from Vocational
Rehabilitation, including HireAbility, and the Division for Blind and Visual Impairments;
the Agency of Education, including Adult Education and Literacy, Career Technical
Education, and Special Education Transition Specialists; the Office of Veterans Affairs;
and other workforce partners.
(3) The Program shall provide necessary technical assistance, training, and support to
sponsors to promote the adoption of pre-apprenticeship programs for individuals with
disabilities, refugees, individuals for whom English is not the primary spoken language,
adults with limited literacy and numeracy skills or who do not have a high school
diploma or equivalent, and other groups who are excluded from access to high-wage
careers and participation in the registered apprenticeship system because they do
not meet the minimum qualifications established in standards of apprenticeship.
(c) The Vermont Registered Apprenticeship Program shall develop policies and procedures
for the registration of pre-apprenticeship and youth apprenticeship programs meeting
the definition established in this chapter and that may be included in career pathway
alignment efforts.
(d) The Vermont Registered Apprenticeship program, working with the Agency of Education,
shall develop program guidelines for youth apprenticeships that start while an apprentice
is still in high school and that can be included as part of the Agency’s career pathways
efforts in addition to the Vermont Registered Apprenticeships Program’s efforts to
align talent pipelines between education providers and registered apprenticeship program
sponsors. (Added 2023, No. 55, § 1, eff. July 1, 2023.)