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09.12.43 - Division of Workforce Development and Adult Learning - Proposed Regulations

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 43, ISSUE 26,
FRIDAY, DECEMBER 23, 2016

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.43 Maryland Apprenticeship and Training

Authority: Labor and Employment Article, §11-405, Annotated Code of Maryland

Notice of Proposed Action
[16-340-P]

The Maryland Apprenticeship and Training Council proposes to amend Regulations .02 and .05 under COMAR 09.12.43 Maryland Apprenticeship and Training. This action was considered by the Council at a public meeting held on March 8, 2016, notice of which was published in 43:4 Md. R. 352 (February 19, 2016).

Statement of Purpose

The purpose of this action is to amend the regulations to allow for competency-based apprenticeship programs. This regulatory change is necessary in order to come into conformity with United States Department of Labor federal standards of apprenticeship.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Christopher MacLarion, Director, Apprenticeship and Training, Dept. of Labor, Licensing and Regulation, 1100 N. Eutaw Street, Room 209, Baltimore, MD 21201, or call 410-767-3969, or email to christopher.maclarion@maryland.gov, or fax to 410-333-5162. Comments will be accepted through January 23, 2017. A public hearing has not been scheduled.

.02 Definitions.
  A. (text unchanged)
  B. Terms Defined.
    (1) — (4) (text unchanged)
    (5) “Competency” means the attainment of manual, mechanical, or technical skills and knowledge as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement.
    (6) Competency-Based Approach.
      (a) “Competency-based approach” means a method to measure skill acquisition through the individual apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program sponsor.
      (b) “Competency-based approach” includes requiring an apprentice to complete an on-the-job learning component of registered apprenticeship with the program standards addressing:
        (i) How on-the-job learning will be integrated into the program;
        (ii) Describing competencies; and
        (iii) Identifying an appropriate means of testing and evaluation for such competencies.
    [(5)] (7) — [(7)] (9) (text unchanged)
    (10) “Hybrid approach” means a method to measure an individual apprentice’s skill acquisition through a combination of a specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule.
    [(8)] (11) — [(17)] (20) (text unchanged)
    (21) “Time-based approach” means a method that measures skill acquisition through the individual apprentice’s completion of at least 2,000 hours of on-the-job learning as described in a work process schedule.

.05 Standards of an Apprenticeship Program.
  A. — C. (text unchanged)
  D. An apprenticeship program shall include the following provisions:
    (1) The employment and training of the apprentice in a skilled [trade] occupation;
    (2) A term of apprenticeship, [of not less than 2,000 hours, consistent with the training requirements established by industry practice;] which for an individual apprentice:
      (a) May be measured through either a time-based approach, a competency-based approach, or a hybrid approach; and
      (b) Is determined by the program sponsor, subject to approval by the Division, with the advice of the Council, depending on which approach is appropriate for the apprenticeable occupation for which the program standards are registered;

    (3) A work processes outline which:
      (a) (text unchanged)
      (b) Is an organized syllabus of operations and manual manipulative practices which shall be arranged in a logical manner and assigned sufficient time frames for these practices to equip an apprentice [or trainee] with a comprehensive basic skill development background to qualify for journeyperson or another stated training objective;
    (4) — (22) (text unchanged)
  E. — L. (text unchanged)

JAMES E. RZEPKOWSKI
Assistant Secretary for Workforce
Development and Adult Learning