§ 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.)