Regular Session 2021-2022 House Bill 0536 P.N. 0499

PRINTER'S NO. 499

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

536

Session of

2021

INTRODUCED BY GLEIM, KAUFFMAN, IRVIN, PICKETT, KEEFER, GROVE,

HILL-EVANS, ROWE, JONES, BROOKS, MENTZER, ZIMMERMAN,

B. MILLER, METCALFE AND POLINCHOCK, FEBRUARY 16, 2021

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 16, 2021

AN ACT

Amending the act of July 14, 1961 (P.L.604, No.304), entitled

"An act relating to apprenticeship and training; creating a

State Apprenticeship and Training Council in the Department

of Labor and Industry to formulate an apprenticeship and

training policy and program, and defining its powers and

duties and providing for administration," further providing

for powers and duties; providing for supervision; and

abrogating a regulation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 4(a) of the act of July 14, 1961

(P.L.604, No.304), known as The Apprenticeship and Training Act,

is amended to read:

Section 4. Powers and Duties.--(a) The council shall (1)

establish standards for apprenticeship in conformity with the

provisions of this act and applicable statutes and regulations

of the Federal Government; (2) adopt such rules and regulations,

subject [only] to section 4.1 and the approval of the Secretary

of Labor and Industry, as may be necessary to carry out the

intent and purpose of this act; (3) compile such data on

population and employment trends, industrial production,

vocational and industrial education and job requirements as may

be deemed necessary to carry out the intent and purpose of this

act; (4) to terminate or cancel any apprenticeship agreements in

accordance with the provisions of such agreements or order

modifications of such agreements; (5) maintain close liaison

with Bureau of Apprenticeship and Training, the United States

Department of Labor, the State Board of Vocational Education,

the Department of Public Instruction, the Department of

Commerce, Bureau of Rehabilitation of the Department of Labor

and Industry, and Juvenile Forestry Camps under the Department

of Public Welfare, and such other agencies which carry on

programs closely related to the purposes of this act; (6)

conduct studies, surveys and investigations of the special

problems of retraining or training unemployed or employed

persons to improve or modernize work skills and make appropriate

recommendations to cooperating agencies described above, local

community organizations, local school boards and the Secretary

of Labor and Industry; (7) act as a convening agency in local

communities to bring together local representatives of employes,

employers, educational agencies and industrial development

agencies in order to promote closer local cooperation in

establishing better apprenticeship and other training programs

including programs for employed persons who wish to improve and

modernize their work skills; (8) use appropriate media of

information and education to acquaint employers, employes and

the public at large with the advantages and availability of

apprenticeship and other occupational training programs; (9)

study the effectiveness of apprenticeship agreements and make

recommendations in accordance with the provisions of such

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agreements for their improvement; and (10) perform such other

duties as may be necessary to give full effect to the provisions

of this act.

* * *

Section 2. The act is amended by adding a section to read:

Section 4.1. Supervision.--(a) Rules and regulations under

section 4(a)(2) providing for the ratio of apprentices to

journeymen shall be consistent with proper supervision, training

and continuity of employment. Subject to subsection (c), the

rules and regulations may not require any of the following:

(1) More than three supervisors for each apprentice or

trainee in a high-hazard occupation.

(2) More than two supervisors for each apprentice or trainee

in a medium-hazard occupation.

(3) More than one supervisor for each apprentice or trainee

in a low-hazard occupation.

(b) The hazard level of an occupation shall be determined by

a review of the United States Department of Labor, Bureau of

Labor Statistics occupational fatality rate per one hundred

thousand (100,000) full-time equivalent employes for 2014. The

following shall apply:

(1) A fatality rate of nine or more fatalities per one

hundred thousand (100,000) full-time equivalent employes shall

be a high-hazard occupation.

(2) A fatality rate greater than two and less than nine

fatalities per one hundred thousand (100,000) full-time

equivalent employes shall be a medium-hazard occupation.

(3) A fatality rate of two or fewer fatalities per one

hundred thousand (100,000) full-time equivalent employes shall

be a low-hazard occupation.

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following shall apply:

(1) When an apprentice or trainee is employed by an

enterprise that employs fewer than fifty (50) full-time

equivalent employes, rules and regulations under section 4(a)(2)

providing for the ratio of apprentices to journeymen may not

require more than one supervisor for each of the first three

apprentices or trainees employed. If more than three apprentices

or trainees are employed, rules and regulations may not require

more than three supervisors for every two apprentices or

trainees employed after the first three apprentices or trainees.

(2) Rules and regulations under section 4(a)(2) providing

for the ratio of apprentices to journeymen shall provide for

consistent ratios between joint and nonjoint programs. If the

prevailing practice among joint programs for a specific

occupation in this Commonwealth, as evidenced by collective

bargaining agreements, allows less supervision than required by

rules and regulations issued under section 4(a)(2), a nonjoint

program for the same occupation shall be allowed to utilize a

ratio of apprentices to journeymen that is consistent with the

prevailing practice among joint programs.

Section 3. The provisions of 34 Pa. Code § 83.5(b)(7) are

abrogated.

Section 4. This act shall take effect in 60 days.

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