Ratio Policy for Licensed Occupations
DAT will not count journey people in licensed trades toward the ratios unless they are properly licensed pursuant to the relevant Massachusetts statutes. Nor will an unlicensed journeyperson be counted as an apprentice toward the jobsite ratio unless registered with DAT."
Ratio Violation Policy
The Division of Apprentice Standards ("DAS") is required by law to enforce apprentice to journey person ratios on the jobsite. DAS takes ratio violations very seriously, as proper ratios are vital to apprentice safety and education.
Allowing apprentices to work out of ratio is a violation of M.G.L. c. 23, §11K(a) and 453 CMR 7.05(9) and the prevailing wage law. M.G.L. c. 149, §26.
Therefore, DAS is implementing the following policy in reference to ratio violations:
When DAS determines that a ratio violation has occurred, the minimum penalty will be to require a sponsor with ratio violations to pay each apprentice determined to be out of ratio journey person's wages under M.G.L. c. 149, § 26, for the hours worked out of ratio. Within 30 days of the date a ratio violation is found by DAS, the sponsor must submit corrected payrolls and copies of the cancelled paychecks to both DAS and the awarding authority.
The Director of DAS has the discretion to suspend or deregister a sponsor's program in the event of a ratio violation in addition to the imposition of the stated minimum penalty when such violations are determined to be serious and/or repeated.
In order to be consistent with civil statutes of limitations, DAS will not investigate or take action on ratio violations dating back more than three years.
If you have any questions about ratios, please contact DAS.