Chapter 2. California Apprenticeship Council
Subchapter 2. Other On-the-Job Training
Article 2. Training Standards

§254. Training Programs.

(a) Bona fide state training programs for other than apprenticeable occupations may be established through the adoption of written training standards by the interested parties, approved by the Division of Apprenticeship Standards.

(b) Application for approval shall be rejected when it is found to be inconsistent, incompatible or in conflict with apprenticeship policies or programs.

(c) To be approved, other on-the-job training programs must meet the following criteria:

(1) The program is for an occupation other than an apprenticeable occupation and is either for workers entering the labor market for the first time or for workers entering new occupations by reason of having been displaced from former occupations by economic, industrial, technological or scientific changes or developments;

(2) Such program is in accord with and agreed to by the parties to any applicable collective bargaining agreement and, where appropriate will include joint employer-employee cooperation;

(3) The training plan, content and duration of the program are adequate to qualify the trainee for the job for which the trainee is to be trained;

(4) There is reasonable assurance that the job for which the trainee is to be trained will be available at the end of the training period;

(5) The job for which the trainee is to be trained is a recognized occupation;

(6) The job for which the trainee is to be trained is one to which appointment is based upon skills and knowledge and not on such factors as length of service;

(7) The job for which the trainee is to be trained customarily requires a period of on-the-job training of not less than three months;

(8) Provision is made in the training standards for (i) vestibule or other pre-job training, if any, or (ii) related and supplemental instruction, if any, either full time before employment or part time combined with the on-the-job training. Related and supplemental classroom instruction, where appropriate, is the responsibility of and will be administered by state and local school boards responsible for vocational education;

(9) There are adequate facilities, equipment, and personnel in the training establishment to provide satisfactory training;

(10) Appropriate credit is given each trainee for previous training and work experience, if any, and wages and, the applicable training period are adjusted accordingly; and

(11) Provision is made for trainees to be selected, employed and trained under fair and impartial procedures without discrimination.

NOTE

Authority cited: Section 3071, Labor Code. Reference: Sections 3071 and 3090, Labor Code.

HISTORY

1. Amendment of subsection (j) filed 5-24-74; effective thirtieth day thereafter (Register 74, No. 21).

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

3. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).

4. Renumbering of former article 2 to article 1, renumbering of former section 254 to section 251, renumbering of former article 4 to new article 2 and renumbering and amendment of former section 261 to new section 254 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).