1. The Maine Apprenticeship Program rules are found in Maine Statute Title 26 MRSA Chapter 37 § 3201.
2. Maine Statute is in line with Federal Statute 29 CFR 29 which governs registered Apprenticeship programs.
3. Apprenticeship rules consist of three chapters. Please click on the chapter numbers below to read the rules in full.
Chapter 1 Rules Relating to Labor Standards for Registration of Apprenticeship Programs
These rules are adopted to establish, define and provide for the registration and deregistration of Apprenticeship Agreements or Programs with the Maine State Apprenticeship Council. They contain guidelines for holding hearings and give the authority and the effective date.
Chapter 2 Labor Standards for Equal Opportunity for Employment of Women/Minorities in Apprenticeship Programs
These rules are adopted to establish, define and provide for the recruitment and selection of apprentices and contain guidelines to promote equality of opportunity and affirmative action in apprenticeship.
Chapter 3 Labor Standards for Registration of Pre-Apprenticeship Programs
These rules are adopted to establish, define and provide for the registration and deregistration of Pre-Apprenticeship Agreements or Programs with the Maine State Apprenticeship and Training Council. They contain guidelines for holding hearings and give the authority and the effective date.
PART I - ADMINISTRATIVE POLICIES OF THE PROGRAM
I. REGISTRATION OF PROGRAM AND APPRENTICE AGREEMENTS
The program and all apprentice agreements entered into hereunder will be registered with the Maine Apprenticeship Program which will also be kept advised of any proposed changes in the program and any additions or deletions from the roster of apprentices.
Apprentice agreements may be temporarily suspended whenever conditions of business make such action necessary. Apprentices whose training is thus interrupted will be offered reinstatement before additional apprentices are employed. Whenever a program sponsor finds it necessary to cancel an apprenticeship program in which individual apprentice agreements are still active, every effort will be made by the sponsor to provide opportunities through which apprentices so affected may complete their training.
II. SUPERVISION OF THE PROGRAM
The program will be under the supervision of a qualified person who shall be designated as the supervisor of apprentices. It shall be that persons responsibility to see that the apprentice(s) receive the variety of work experience consistent with the Schedule of Work Experience outlined herein, to assist the apprentice(s) in planning, scheduling and completing their related technical instruction, to evaluate the apprentice(s) performance prior to granting any pay increase, to assist the apprentice(s) and sponsor to satisfy all terms and conditions specified in the Standards of Apprenticeship.
III. SELECTION OF APPRENTICES
The recruitment, selection, employment, and training of apprentices during their apprenticeship, shall be without discrimination because of race, color, religion, national origin or sex. The sponsor will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under Title 29 of the Code of Federal Regulations, Part 30, and equal employment opportunity regulation of the State of Maine.
IV. CREDIT FOR PREVIOUS EXPERIENCE and/or EDUCATION
Prior to the expiration of the probationary period; each apprentice who has had either work experience or education related to his trade, will be awarded credit therefor. This credit shall be arrived at by an examination which will determine those items contained in the Schedule of Work Experience (Appendix I) or the Schedule of Related Theoretical Training (Appendix II) in which the apprentice can demonstrate proficiency. Credit toward completion of the apprenticeship will be provided the apprentice on the basis of the estimated learning time allotted to each item in which proficiency has been obtained. The requirement for pursuing courses in theoretical instruction will also be reduced as indicated by this examination. Wages of the apprentice will be adjusted in accordance with the amount of credit received.
V. PROGRESS RECORDS
The apprentice supervisor will maintain progress records of all apprentices, utilizing for that purpose, a copy of the Schedule of Work Experience (Appendix I) and noting thereon whether the apprentice has been exposed to each listed item and whether he has obtained proficiency therein, of the Apprentice Record Card which the Program will furnish to show the number of hours of training the apprentice has received in the Schedule of Work Experience.
The apprentice shall keep a record of the actual time spent in training on each item listed in the Schedule of Work Experience and the apprentice supervisor will utilize this record to determine the efficiency of this training and the adaptability of the apprentice. Also, the apprentice shall understand the terms and conditions set forth in the Standards of Apprenticeship and the Apprenticeship Agreement, perform diligently and faithfully the work of the trade and duties assigned by the supervisor or sponsor in accordance with the provisions of the Standards of Apprenticeship, attend all meetings when requested or notified by the Maine Apprenticeship Program, and attend and satisfactorily complete all related technical instruction as specified in these Standards of Apprenticeship.
The program may be deregistered upon the voluntary action of the sponsor, by the sponsors request for cancellation of the registration. The program may also be deregistered, for reasonable cause, by the Maine Apprenticeship Program, State Department of Labor, when the Program institutes formal deregistration proceedings in accordance with Chapter 1 of the Programs Rules and Regulations, Sec. 1.7. In the event of deregistration the employer shall notify all affected apprentices within 15 days.
This program may be modified by prompt submission of the modification to the registration agency (Maine Apprenticeship Program). No modifications will affect agreements already in effect.
Complaints will be handled complying with Chapter 1 of the Program Rules and Regulations, Sec. 1.10.
IX. ACCIDENT PREVENTION (SAFETY AND HEALTH TRAINING)
The employer shall instruct the apprentice in safe and healthful work practices and shall insure that the apprentice is trained in facilities and other environments that are in compliance with either the occupational safety and health standards promulgated by the Secretary of Labor under Public Law 91-596, or State standards that have been found to be at least as effective as the Federal standards.
X. WORKERS COMPENSATION COVERAGE
The apprentice shall be covered by Workers Compensation.
XI. CERTIFICATION OF COMPLETION OF APPRENTICESHIP
Upon request of the program sponsor and receipt by the Program of a copy of the records maintained by the employer certifying that the apprentice has received all of the training in the Schedule of Work Experience, and affidavits of related instruction successfully mastered certifying that proficiency has been reached in all listed items, the Program will issue a Certificate of Completion of Apprenticeship.
PART II - TERMS AND CONDITIONS OF APPRENTICESHIP EMPLOYMENT
I. QUALIFICATIONS FOR APPRENTICE APPLICANTS
Applicants should be at least 16 years of age and should have a high school education or an acceptable equivalency certificate. Exceptions to this may be made by the employer where the applicants have had sufficient previous experience in the trade to make their employment desirable.
II. RATIO OF APPRENTICES TO JOURNEYWORKERS
The ratio of apprentices to Journeyworkers shall be apprentice for the first Journeyworker, and apprentice for each additional Journeyworker.
(Any desired change in this ratio must be submitted in writing to the Maine Apprenticeship Program for action.)
III. APPRENTICE WAGES
The apprentice’s wages shall be based on the Journeyworkers rate of pay. The rate of pay for apprentices shall fluctuate with any change in the Journeyworkers rate. Apprentices shall be paid a progressively increasing scale of wages throughout the period of apprenticeship in accordance with the following schedule. However, before being eligible to receive a rate increase, each apprentice’s record shall be reviewed by the supervisor of apprentices. Unsatisfactory progress will make it necessary to repeat a specified work experience or series of work experiences at the current wage rate. Wage increases will not be withheld for more than six months. If correction of the unsatisfactory conditions has not been accomplished by that time, the apprenticeship will be canceled. At no time shall the apprentice’s wages be less than the federal or state minimum wage. (Whenever there is a change either in the Journeyworkers rate or in the following schedule the employer shall notify the Maine Apprenticeship Program within fifteen (15) days.)
For the purpose of these Standards of Apprenticeship, 1,000 hours of work experience (or employment) shall be considered the equivalent of 6 calendar months; therefore, the total term of apprenticeship is considered to be years, or hours.
VI. PROBATIONARY PERIOD
The first of the apprenticeship shall be considered to be a probationary period. During this period, the apprentice is expected to determine that he will be satisfied with the trade he has chosen and similarly the supervisor of apprentices will judge him from the standpoint of his fitness for the trade. During the probationary period either party to the apprentice agreement may cancel the agreement merely by notifying the other party and the Maine Apprenticeship Program of his intentions. After the probationary period, the apprentice agreement may be terminated for due cause or by mutual agreement of both parties thereto.
POLICY #1 - CREDIT HOURS
The Apprenticeship Program will not accept for registration Apprenticeship Agreements which provide for credit for previous experience in excess of:
- 1,000 hours credit in a two (2) year program
- 2,000 hours credit in a three (3) year program
- 3,000 hours credit in a four (4) year program
- 4,000 hours credit in a five (5) year program
- And likewise an additional 500 hours for each added year requirement to the program.
The Apprenticeship Program will consider extenuating circumstances on an individual basis for more credit allowance upon request of the Program Sponsor.
POLICY #2 - RELATED INSTRUCTION
Where facilities for related instruction are available and the Community College System verifies they have not been used by the apprentice for a period of one year (1) year, the Apprenticeship Agreement shall be cancelled.
POLICY #3 - REASONABLE TIME
The Apprenticeship Program shall not register an apprentice unless there is assurance of employment within a reasonable time.
POLICY #4 - CRITERIA FOR APPRENTICEABLE OCCUPATIONS
An Apprenticeable occupation is a skilled trade which possesses all of the following characteristics:
- It is customarily learned in a practical way through a structured, systematic program of on-the-job supervised training.
- It is clearly identified and commonly recognized throughout an industry.
- It involves manual, mechanical or technical skills and knowledge which requires a minimum of 2,000 hours of on-the-job training.
- It requires related instruction to supplement the on-the-job training.
POLICY #5 - BEGINNING DATE OF APPRENTICESHIP
The date the Apprenticeship Agreement is entered into and the date the apprenticeship term begins, shall not be prior to the date the sponsor signs the Standards of Apprenticeship.
POLICY #6 - POLICY FOR APPROVAL OF CERTIFICATE OF COMPLETION
Requests for Certificates of Completion will be processed through the Director of Apprenticeship.
POLICY #7 - GUIDELINES FOR ESTABLISHING WAGES IN APPRENTICESHIP PROGRAMS
- The starting rate of apprenticeship shall be that customarily paid by the employer, but shall not be less than $10 per hour or 50% of the journeyperson rate, whichever is higher;
- Require that the apprentice wage for the last six (6) months of apprenticeship be not less than 85% of the journeyperson rate at that time;
- The above wage scale shall apply except as superseded in a collective bargaining agreement;
- Final determination of acceptance of a program shall be by Program action.
POLICY #8 - APPROVAL OF PROGRAMS
The Apprenticeship Program under the advisement of the Apprenticeship Council will approve apprenticeship programs. A list of programs approved between meetings shall be included in the agenda for ratification.
POLICY #9 - COMPLETION OF APPRENTICESHIP
Upon completion of an apprenticeship program, the field representative will request to see the check list of Work Experiences for the apprentice, and if all phases are completed satisfactorily, they will then ask the program sponsor to request a Certificate of Completion of Apprenticeship for the apprentice. If the employer refuses, a reason must be given and this will be brought up before the Apprenticeship Program for consideration.
POLICY #10 - REPRODUCTION OF STANDARDS
Reproduction of Apprenticeship Standards as approved by the Apprenticeship Program must be by verbatim copy, without supplementary or editorial comment. Any such additions associated with Standards bearing the Program name must be in a separate section of such publication and must have approval of the Program before printing.
Furthermore, no one shall be permitted to use the name of the Program or indicate approval by the Program without its’ express consent in writing.
POLICY #11 - COMPLETION WITHOUT CERTIFICATE
A letter shall be sent to each apprentice who completes but who does not qualify for the issuance of a Certificate of Completion of Apprenticeship, explaining the reason or reasons for denial of this document.
POLICY #12 - WORKERS’ COMPENSATION CLAUSE
Proof of Workers’ Compensation coverage is necessary before a program can be accepted.
Clause added to Apprenticeship Standard format:
- “The apprentice shall be covered by Workers’ Compensation”.
A letter of insurance for Workers’ Compensation shall be on file and kept current for the duration of the Apprenticeship.
POLICY #13 - STANDARDS
The revision of, or amendments to, existing Standards, or the updating of the work processes of any trade, shall, at the discretion of the Apprenticeship Committee Chair, be submitted to the Standards Review Sub-Committee for consideration and approval. Such acceptance shall be registered with the Committee.
To find out more about the Maine Apprenticeship Program, contact your Maine's Apprenticeship Program Specialist.