News

U.S. DOL Issues Revised Apprenticeship Regulations

On October 29, 2008, The U.S. Department of Labor (DOL) issued its final rule revising the federal regulations (29 CFR part 29) that implement the National Apprenticeship Act. The first overhaul of the regulations in 30 years substantially changes both how an apprentice can become a journeyworker and how the system is managed. The final rule takes effect December 29, 2008, but State Apprenticeship Agencies have up to an additional two years from that date to implement the changes. In comments submitted in March 2008, AGC generally supported the revisions as proposed and is pleased to see that many of our comments were taken into account in the final rule. Among key changes, the new rule:    • Adds two methods – competency-based and a hybrid approach – to the traditional, time-based method       for an apprentice to obtain  journeyworker status;    • Allows for the inclusion of technology-based and distance learning;    • Gives registration agencies the option to issue interim credentials;    • Establishes a 90-day timeframe for registration agencies to process sponsor requests for registering and       modifying program standards and 45-day timeframes for sponsors to notify registration agencies       regarding other employment and apprenticeship agreement changes;    • Provides for reciprocal approval, for federal purposes, of apprentices, apprenticeship programs, and       standards that are registered in other states for all industries and occupations.  The rule requires        apprenticeship program sponsors seeking reciprocal approval to meet the wage and hour provisions and        apprentice ratio standards of the reciprocal state;    • Introduces provisional, one-year approval for newly registered programs.  After one year, programs        meeting the regulatory standards either may be permanently approved or have their provisional       registration extended through the end of the first training cycle;    • Limits a registration agency to a State Apprenticeship Agency.  State Apprenticeship Councils will continue       to be required for advisory or regulatory purposes but can no longer be a registration agency; and    • Includes a new section, 29.6, on performance standards.  Programs will be evaluated on the basis of       completion rates, the use of quality assurance assessments, and Equal Employment Opportunity       Compliance Reviews.  Programs with completion rates below the national average for that industry and       occupation will be provided with technical assistance to help them meet the national average. All programs currently in effect do not have to be revised as a result of this rule. In discussing the new rule, DOL personnel said there are several areas where it will be seeking additional policy guidance in the coming months, including: performance standards, electronic media, provisional registration, interim credentials, and competency-based apprenticeship programs. A short fact sheet, full text of the new rule, press release, and other information on the final rule are available here. Additionally, DOL has set up a specific email: regs.apprenticeship@dol.gov to answer questions related to the new rule. Questions and answers will be posted to the web page referenced above.