section .0300 – on-the-job training (OJT) programs

Link to law: http://reports.oah.state.nc.us/ncac/title 04 - commerce/chapter 22 - apprenticeship and training division/04 ncac 22 .0301.html
Published: 2015

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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.