Chapter 2. California Apprenticeship Council
Subchapter 1. Apprenticeship
Article 2. Definitions

§205. Definitions.

(a) “Journeyman,” “journeyperson,” and “journeyworker” and “journey level worker” mean a person who has either

(1) completed an accredited apprenticeship in his/her craft, or

(2) completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyworkers in the apprenticeable occupation.

These terms shall be understood as having the same meaning and interchangeable, with “journeyworker” and its plural “journeyworkers” being the Council's preferred designation at the time it was added to this subsection.

(b) “Instructor” means a person who has either

(1) completed an accredited apprenticeship in his/her craft, or

(2) who has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft but may not necessarily be designated as journeyworkers.

(c) An “Apprenticeable Occupation” is one which requires independent judgment and the application of manual, mechanical, technical, or professional skills and is best learned through an organized system of on-the-job training together with related and supplemental instruction. Each “Apprenticeable Occupation” is defined by the work processes contained in the approved apprenticeship standards under which apprentices are training.

(d) “Registration of an Apprentice Agreement” means the acceptance and recording thereof by the Division of Apprenticeship Standards which serves as evidence of the participation of the apprentice in a specific apprenticeship program.

(e) “Apprenticeship Program” means a comprehensive plan containing, among other things, apprenticeship program standards, committee rules and regulations, related and supplemental instruction course outlines and policy statements for the effective administration of that apprenticeable occupation.

(f) “Apprenticeship Program Standards” means that written document containing among other things all the terms and conditions for the qualification, recruitment, selection, employment and training, working conditions, wages, employee benefits, and other compensation for apprentices and all other provisions and statements including attachments as required by the Labor Code and this Chapter which, when approved by the Chief DAS, shall constitute registration of such, and authority to conduct that program of apprenticeship in the State of California.

(g) “Apprenticeship Program Sponsor” means a joint apprenticeship committee, a unilateral labor or management committee, or an individual employer program.

(h) “Related and Supplemental Instruction” means an organized and systematic form of instruction designed to provide the apprentice with knowledge including the theoretical and technical subjects related and supplemental to the skill(s) involved.

(i) “Competent Evidence” as used in Section 224 means a transcript or abstract of the training records required to be maintained pursuant to Section 212(b)(7), or an attestation by the apprentice program sponsor stating that all training has been fully completed, on forms to be provided by the Division of Apprenticeship Standards, demonstrating that the apprenticeship program has been fully complete, certified by the apprenticeship program sponsor and endorsed by a representative of the Division of Apprenticeship Standards.

(j) An “Interested Party” for the purpose of application for approval of an apprenticeship program, means an employer, employer organization or association, a group of employers, employer associations or organizations, an employee association or organization, or employee representatives, a group of employee representatives, associations or organizations, labor and/or management groups or any combination thereof whose interest may be affected by the apprenticeship program if approved.

(k) “Maintenance” is defined as routine, recurring and usual work for the preservation, protection and keeping of any facility for its intended purposes in a safe and continually usable condition.

(l) The term “Chief DAS” means the Chief of the Division of Apprenticeship Standards.

(m) “Employed as an apprentice” in the building and construction trades industry for the purpose of Labor Code Section 3080.5 means employment pursuant to the approved standards of apprenticeship of the Program, under the supervision of journeyworker(s), where the apprentice is receiving at least the minimum wage applicable to the apprentice's period of apprenticeship as provided for in this chapter.

(n) “Geographic Area of Operation” of an apprenticeship program means the geographic area in which the program regularly operates and trains apprentices.

(o) “Acceptable electronic format” means either of the following:

(1) A tilde (~) delimited text string for each apprentice action containing the fields specified by the DAS' “Apprenticeship Electronic Data Interchange Protocol” and submitted via Secure File Protocol Transfer (SFTP). A static Internet Protocol address will be required by the SFTP server for security.

(2) Direct entry and submission of report data through an online platform on the DAS website at https://www.dir.ca.gov/das.

(p) “Work Process” is a skill or task, stated in program's apprenticeship standards, in which the apprentice will receive supervised work experience and training on the job.

(q) “Registered Apprentice” means a person who is training under and in accordance with apprenticeship standards that have been approved by the Chief DAS, and who is party to an apprentice agreement that has been accepted by the Division of Apprenticeship Standards.

Credits

Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3073, 3075, 3075.7, 3077, 3079, 3080.5 and 3086, Labor Code.

History

1. Amendment of subsection (a) filed 8-27-76; effective thirtieth day thereafter (Register 76, No. 35).

2. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 3).

3. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).

4. Amendment of subsection (f) and new subsection (l) filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

5. New subsections (m) and (n) filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3).

6. Amendment of subsections (a), (a)(2), (b)(2), (i) and (m), new subsections (o)-(o)(2) and amendment of Note filed 2-9-2021; operative 4-1-2021 (Register 2021, No. 7). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

7. Amendment of section and Note filed 8-6-2021; operative 10-1-2021 (Register 2021, No. 32). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

8. Order filed 8-6-2021 stayed on 9-20-2021 by the Sacramento County Superior Court pending ruling on motions in Construction Employers' Association, United Contractors, and Millwright Employers' Association, Inc. v. California Department of Industrial Relations, Division of Labor Standards Enforcement, and California Apprenticeship Council, Case No. 34-2021-80003714. The California Department of Industrial Relations, Division of Labor Standards Enforcement, and California Apprenticeship Council will ensure that the California Apprenticeship Council website reflects that the current version of the regulation set forth at California Code of Regulations, Title 8, section 202, as it appeared prior to 8-6-2021 Order, shall remain in full force and effect.