section .0300 – on-the-job training (OJT) programs
04 NCAC 22 .0301 STANDARDS FOR OJT programs
(a) In order to be eligible for registration by the
department, an OJT program shall be set forth in a written document signed by
the sponsor containing the terms and conditions of employment, training, and
supervision of one or more trainees in the trainable occupation, which includes
the following provisions and is denominated the program standards for OJT:
(1) The nature of the occupation which is the
objective of the training;
(2) The term of the course of training
consistent with the criteria for OJT programs where the term of training is for
a period of not less than six months (1,000 hours) and not more than two years
(4,000 hours) of reasonably continuous work experience. The length of the
program shall not be longer than the time customarily required by training
establishments in the community, or if there are no other training establishments
in the community, then not longer than is reasonably necessary to provide a
trainee with the skills, knowledge, technical information, and other facts
which the trainee needs to learn in order to become competent in the occupation
which is the objective of the training;
(3) An outline of the work processes in which
the trainees are to receive supervised work experience and training on the job,
the approximate allocation of time to be spent in each major process, and the
specific location of the training site(s);
(4) An outline of related instruction to be
provided the trainees, if any is required;
(5) A schedule of progressively increasing
wages to be paid the trainees, established by the sponsor with the approval of
the director as follows:
(A) The prevailing rate in the geographic area for fully
qualified workers in the occupation which is the objective of the training will
be determined;
(B) A rate for fully qualified workers applicable to the
OJT program will be established based upon the determination made in Part
(a)(5)(A) of this Rule;
(C) The trainees' wages will be no less than 50 percent
of the applicable rate for fully qualified workers established in Part
(a)(5)(B) of this Rule and will increase in regular periodic increments until,
not later than the last full month of the training period, they are at least 85
percent of the applicable rate; provided that in any event the wages are no
less than the applicable state or federal minimum wage;
(6) An assurance that all trainees in the
program, regardless of whether they receive VA training allowances, will be
provided the same training and instruction and will in all respects be treated
the same under the program, in accordance with the criteria for OJT programs;
(7) A provision requiring periodic review and
evaluation of the trainees' progress in job performance and related
instruction, if any, identifying the person(s) responsible for such review, and
further requiring maintenance of progress records;
(8) A provision requiring that the ratio of
trainees to fully qualified workers will not exceed two to one at each job
site, work force, department, or plant except as follows:
(A) In the building and construction trades, the ratio
of trainees to fully qualified workers shall not exceed one to one at each job
site, work force, department, or plant; and
(B) No such specific ratios are required where
prohibited or otherwise provided for by an applicable collective bargaining
agreement;
(9) A provision requiring a probationary period
not to exceed 25 percent of the length of the program, with full credit given
for such period toward completion of OJT. During the probationary period,
either party may unilaterally submit a written request to the director
requesting that the agreement be de-registered;
(10) An assurance that adequate and safe
equipment and facilities for training and supervision will be provided and that
trainees will be provided safe training on the job and in any related
instruction;
(11) The granting of advanced standing or credit
for demonstrated competence, acquired experience, training, or skills for all
applicants equally, with commensurate wages for any progression step so
granted;
(12) A statement that an employer who is unable
to fulfill its obligation under the OJT agreement may, with the written
approval of the director, transfer the agreement to another employer under the
same program who agrees to assume the obligations of the agreement, if both the
trainee and the sponsor consent to the transfer and comply with the following
provisions:
(A) The transferring trainee will be provided a
transcript of related instruction, if applicable, and on-the-job training by
the program sponsor;
(B) The transfer shall be to the same occupation; and
(C) A new OJT agreement shall be executed when the
transfer is to occur between program sponsors;
(13) A provision for the registration and
cancellation of the program, and for the submission of any program standard
modification or amendment to the department for approval;
(14) A provision for the registration,
modification and amendment of OJT agreements, and for giving notice to the
department of transfers, suspensions and cancellations of OJT agreements,
including a statement of the reasons therefore, and of persons who have
successfully completed OJT programs;
(15) A provision that the sponsor will maintain
all records of the OJT program, including payroll records, for a period of five
years and shall make them available for review to department personnel or their
authorized representative upon the request of the department personnel or,
whenever the records pertain to a program with trainees who have received or
are receiving VA training allowances, to VA personnel upon their request; the
location of the records shall be specified;
(16) A provision that the sponsor will notify the
director and the VA Regional Office in writing whenever a trainee receiving a
VA training allowance is paid wages in an amount equal to or more than the
applicable rate for fully qualified workers as established in Subparagraph
(a)(5) of this Rule;
(17) Contact information, including name, title,
address, telephone number and e-mail address, of the appropriate person(s) with
authority under the program to receive, process, and resolve complaints;
(18) A statement of the minimum qualifications
for trainees which the sponsor may require;
(19) An assurance that the OJT program complies
with the criteria set forth in Rule .0403 of this Chapter;
(20) The following pledge: "The
recruitment, selection, employment, and training of trainees during OJT shall
be without discrimination because of race, color, religion, national origin, or
sex;" and
(22) A provision that each trainee in the OJT
program will be a party to an OJT agreement meeting the requirements of Rule
.0305 of this Chapter, and that the sponsor will provide each trainee with a
copy of the agreement.
(b) The program standards for OJT shall constitute a
statement of the actual program operating or to be operated and not a statement
of the goals, objectives, or aspirations of the sponsor.
History Note: Authority G.S. 94-1; 94-2; 94-4;
Eff. February 1, 1984;
Amended Eff. August 1, 1990;
Recodified from Rule 14A .0404 Eff. March 15, 2010;
Amended Eff. December 1, 2010;
Transferred from 13 NCAC 14B .0301 Eff. January 1, 2014.