DAS Authority
Apprenticeships are governed by federal law (29 U.S.C 50), federal regulations (29 CFR Part 29 & 30), state law (Chapter 23, Section 11E-W) and regulations (454 CMR 26.00). In Massachusetts, the “standards” conform to all of the above and are read together with federal and state laws and rules. The Massachusetts Division of Apprentice Standards (DAS) is the regulatory body for approving, administering, and enforcing apprenticeship standards in Massachusetts. With the submission of your application, a registered apprentice program sponsor declares their intent and policy to establish a system of registered apprenticeship, education and training. The sponsor recognizes DAS authority to regulate an approved program.
Any proposed additions or changes to a registered apprenticeship program or its standards must be submitted to DAS for consideration and approval before proposed additions are implemented by a sponsor. Changes are binding on apprentices, sponsors, training providers, and anyone else working under an agreement governed by these standards. Sponsors may have to maintain additional information as supplemental to these standards. When a standard is changed, sponsors are required to notify apprentices and employers. If changes in federal or state law make any part of these standards illegal, the remaining parts are still valid and remain in force. Only the part made illegal by changes in law is invalid.
DAS Standards
1. The apprentice must be employed and trained in an apprenticeable occupation as defined in 454 CMR 26.00 Apprentice Standards
2. The apprentice will be provided no less than full-time employment in the relevant occupation.
2A. The first 25% of the apprentice hours worked shall be a probationary period. During this probationary time the agreement may be canceled by either party to the agreement by notifying the other. The Division shall be notified of all such cancellations within 30 days.
2B. The employer intends and expects to give the apprentice continuous employment and will use its best efforts to keep the apprentice employed during the full term of apprenticeship. If any apprentice is temporarily released due to business conditions, that apprentice shall be given the opportunity to be reinstated before any additional apprentice is employed in the same trade.
3. The apprentice shall be provided with a description of the work process in which he or she will work and an approximation of the portion of the time to be spent in each major process.
3A. Each apprentice will receive a copy of the DAS Apprentice Handbook from the sponsor as verified by initialing the appropriate location on the apprentice agreement.
3B. To permit the flexibility necessary to normal shop production hours, the work experiences need not be in the precise order as listed, nor do the scheduled hours on any operation need to be continuous.
4. The apprentice sponsor shall ensure that the apprentice receives approximately 150 hours per year of related instruction in all subjects related to the trade. Such instruction may be given in a classroom or through correspondence courses or other forms of self study, but must be approved by the Director of the Division of Apprentice Standards. The sponsor will not necessarily be responsible for the cost of the related instruction or any books, other written materials, or supplies necessary for such instruction. If, however, the apprentice is to be responsible for all or any portion of such costs, the apprentice agreement must contain an explicit statement to that effect; otherwise, the employer is responsible.
5. The sponsor must ensure that the apprentice will be paid no less then the amount specified in a predetermined schedule of wage rates. Such wage rates will be expressed as a percentage of the established journeyperson rate and shall progressively increase consistent with the level of skill acquired by the apprentice for the duration of time that the apprentice participates in the apprentice program. The apprentice's scale of wages shall average not less then 50% of the Journeyperson rate over the term of the apprenticeship. If a sponsor has a program with an occupation that is identified on the Massachusetts Department of Labor Standards prevailing wage sheets as one that would require certified payrolls on a public project as described in Chapter 149, then the wage progression percentages will mirror that like occupation. The sponsor may adjust the apprentice payroll amount for private jobs by setting the company private journeyperson rate and maintaining the same wage progression rate.
6. The journeyperson's rate used for establishing the apprentices wage schedule shall be stated in dollars and cents and shall be reviewed annually and, if appropriate, re-adjusted.
7. The entry apprentice wage rate shall be not less than the minimum wage prescribed by applicable state or federal law.
8. The apprentice will be under the general supervision of the journeyperson with whom the apprentice will work and the direct supervision of the employer or Master Supervisor whose duty it shall be to see that the apprentice receives the work experience outlined in these Standards.
9. The apprentice sponsor may preclude an apprentice from obtaining the next step in the apprenticeship or extend the apprenticeship when the apprentice does not achieve the level of competency necessary for advancing or completing the program. In such a case, however, the apprentice’s periodic evaluation shall describe the reasons for such action and the apprentice shall be notified of the evaluation. The evaluation (initialed by the apprentice) shall be forwarded to the Division with a request for an extension of the apprentice’s agreement. In no event shall the term of the apprenticeship be extended more than two six-month periods over the term of the apprenticeship except on a case-by-case basis.
10. The jobsite ratio of apprentices to journeypersons shall not exceed the ratios as determined by the Division of Apprenticeship Standards and as posted on the prevailing wage sheets by the Massachusetts Department of Labor Standards.
11. The apprentice shall be trained in safe and healthful work practices and shall work only in environments that comply with all applicable Massachusetts and Federal occupational safety and health standards. The sponsor will make certain each apprentice possesses an OSHA 10 card within the probationary period or before being sent to work on a public works project (applicable to Construction and Building Trades only).
12. The apprentice shall not be less than 16 years of age. The employment of apprentices between the ages of 16 and 18 shall comply with all Massachusetts and Federal child labor laws.
13. The apprentice training sponsor may, at its discretion, grant credit or advanced standing to an apprentice for hands-on training or related instruction which the apprentice may have obtained while previously participating in other apprentice programs or while employed by previous employers. However, such previous training or experience must be documented and comply M.G.L. c 23, §§ 11E through 11W and 454 CMR 26.00. Step increases in pay shall be commensurate with the credit given to the apprentice. The granting or denial of credit or advanced standing to any particular apprentice must conform to the apprentice program sponsor’s stated policy on this issue as described in the apprentice application materials and in the apprentice agreement. However, no more than one-half the program will be accepted as credit for previous experience or training.
14. Upon successful completion of the apprentice’s program, the apprentice program sponsor shall recommend to Division that a State Certification be awarded.
15. The apprentice program sponsor shall establish a procedure to receive, investigate, and resolve complaints and concerns raised by the apprentices relative to the apprentice program. To the extent possible, confidentiality of the information provided to the apprentice program sponsor concerning matters raised by apprentices shall be maintained.
16. The records of the apprentice’s work experience and related training instruction shall be kept by the employer and will be available for examination by Field Representatives or Compliance Officers of the Division.
17. For employers with five or more apprentices, affirmative action information will be kept by the employer and available for review yearly by a Field Representative or Compliance Officer from the Division.
18. Standards shall be submitted to the Massachusetts Division of Apprentice Standards for approval and will become effective upon the date of approval.
19. Standards of Apprenticeship may be amended by the employer provided such amendments are approved by the Massachusetts Division of Apprentice Standards. A copy of all changes shall be furnished to each apprentice.
20. Within 30 calendar days of an apprentice’s cancellation or completion of the Apprentice Training Program, the apprentice program sponsor must send written notification thereof to the Division.
21. Every apprentice agreement entered into under these Standards of Apprenticeship shall contain a clause making the standards a part of the agreement with the same effect as if expressly written therein. For this reason, every applicant (and the parent or guardian, if the applicant is a minor) shall be given a copy of the Standards of Apprenticeship and an opportunity to read them before any signature is affixed thereof.
22. There is a one-year probationary period for this program during which time the Division will monitor this program to determine compliance with the policies and regulations of the Division. The probationary period may be extended if the Director determines there is just cause. No sponsor verifications will be processed unless there is an active apprentice registered in an apprentice program.
Commonwealth of Massachusetts statutes, regulations, and policies related to Apprenticeship
Sponsor Responsibilities
The following is an overview of the requirements associated with administering an apprenticeship program. The sponsor is the policymaking and administrative body responsible for the operation and success of this apprenticeship program.
A. Administrative Procedures: The sponsor may include a summary and explanation of administrative actions performed at the request or on the behalf of the apprentice. Such actions may include but are not limited to:
- Voluntary Suspension: A temporary interruption in progress of an individual's apprenticeship agreement at the request of the apprentice and granted by the sponsor.
- Advanced Standing or Credit: The sponsor may grant credit or advanced standing to an apprentice for hands-on training or related instruction obtained in previous apprentice programs, employment or education. A sponsor’s policy must comply with the following:
- Such previous training or experience must be documented and comply M.G.L. c 23, §§ 11E through 11W and 454 CMR 26.00 Apprentice Standards
- Step increases in pay shall be commensurate with the credit given to the apprentice
- No more than 50% of the program will be accepted as credit for previous experience or training
B. Disciplinary Procedure:
The sponsor may include requirements and expectations of the apprentices and an explanation of disciplinary actions imposed for noncompliance. The sponsor must adopt the following disciplinary procedures:
- Extension: The sponsor may preclude an apprentice from obtaining the next step or extend the apprenticeship when the apprentice does not achieve the level of competency necessary for advancement or program completion. In such a case, the sponsor must comply with the following:
- The apprentice’s periodic evaluation shall describe the reasons for such action
- The apprentice shall be notified of and initial the evaluation
- The evaluation shall be forwarded to the Division with a request for an extension of the apprentice’s agreement
- In no event shall the term of the apprenticeship be extended more than two six-month periods over the term of the apprenticeship, except on a case-by-case basis
- The apprentice may be required to renew their apprentice card and pay an annual $35 fee.
- Cancellation: Refers to the termination of an apprenticeship agreement at the request of the apprentice, supervisor, or sponsor. Within 30 calendar days of an apprentice’s cancellation of the program, the sponsor must send written notification thereof to the Division.
C. Apprentice Complaint Procedures:
The sponsor must adopt the following procedures:
- The sponsor shall establish a procedure to receive, investigate, and resolve complaints and concerns raised by the apprentices relative to the apprentice program.
- To the extent possible, confidentiality shall be maintained of the information provided to the sponsor concerning matters raised by apprentices.
D. Program Operations:
The sponsor will record and maintain records pertaining to the administration of the apprenticeship program – including the apprentice’s work experience and related training instruction – and make them available for examination by Division upon request.
Sponsors shall submit required requests/reports through assigned state compliance officers.
- The following is a listing of requests/reports for the administration of apprenticeship programs and the time-frames in which they must be submitted:
- Apprenticeship Agreements (within first 30 days of employment)
- Employer Acceptance Agreement (as necessary)
- Add Occupation (as necessary)
- Related Technical Instruction (RTI) Hours Reports (annually)
- On-the-Job Work Hours Report (annually)
- Apprentice Evaluations (as necessary – this can be a standard evaluation already in use at employer, or DAS can provide a form if no such evaluation exists)
- These standards of Apprenticeship may be amended by the sponsor provided such amendments are approved by the Massachusetts Division of Apprentice Standards. A copy of all changes shall be furnished to each apprentice.
E. Management of Apprentices
- Each apprentice (and, if under 18 years of age, the parent or guardian) will sign an apprenticeship agreement with the sponsor, who will then register the agreement with the Division before the apprentice attends RTI classes, or within the first 30 days of employment as an apprentice. The apprentice must be employed and trained in an Apprenticeable Occupation as defined in 454 CMR 26.00 and under these program Standards.
- Every apprentice agreement entered into under these Standards shall contain a clause making the standards a part of the apprentice agreement with the same effect as if expressly written therein.
- The sponsor shall provide the apprentice a copy of the program Standards (as outlined in this document) and an opportunity to read them before any signature is affixed thereof. Apprentices shall also receive a copy of the DAS Apprentice Handbook, as verified by initialing the appropriate location on the apprentice agreement.
- The apprentice shall not be less than 16 years of age. The employment of apprentices between the ages of 16 and 18 shall comply with all Massachusetts and Federal child labor laws.
- The sponsor must notify the Division within 30 days of all requests for modification to apprentice agreements, which may include:
- Certificate of Completion
- Extension
- Cancellation
- Employee Exit Interview Questionnaire
- Corrections
- Reinstatement
- Training agent cancellation
- Additional Credit
- Step upgrades
- Other (i.e. name changes, address)
- The sponsor shall periodically review and evaluate apprentices before advancement to the apprentice's next wage progression period.
- The apprentice will be provided no less than full-time employment in the relevant occupation.
- The first 25% of the apprentice hours worked shall be a probationary period. During this probationary period the apprentice agreement may be canceled by either party by notifying the other. The Division shall be notified of all such cancellations within 30 days.
- The employer intends and expects to give the apprentice continuous employment and will use its best efforts to keep the apprentice employed during the full term of apprenticeship. If any apprentice is temporarily released due to business conditions, that apprentice shall be given the opportunity to be reinstated before any additional apprentice is employed in the same occupation.
- To permit the flexibility necessary to normal shop production hours, the work experiences need not be in the precise order as listed, nor do the scheduled hours on any operation need to be continuous.
- Upon successful completion of the apprentice’s program, the apprentice program sponsor shall recommend to the Division that a State Certification be awarded.
For additional questions or comments, please contact apprenticeship@mass.gov.