What You Need to Know so Your Company May Take Advantage of the Dept. of Labor’s Registered Apprenticeship Program
What You Need to Know so Your Company May Take Advantage of the Dept. of Labor’s Registered Apprenticeship Program
So what ever happened to those good apprenticeships we used to read about? Although it does not get as much media attention as it deserves, the Dept. of Labor’s Registered Apprenticeship program has produce significant growth over the past five years[1]. As of last fiscal year, more than 500,000 people are participating in 21,000 different Registered Apprenticeship programs across the country. In fact, 1,600 new programs came into being just in FY 2016[2]
Today’s article hopes to enlighten you about the many benefits of working with the Dept. of Labor to develop a Registered Apprenticeship program to attract your much-needed skilled workers. Additionally, with the updates in the Code of Federal Regulations (CFR) this year, we will also include a discussion of the significant changes to the law.
Little known fact: some of our most important historical figures apprenticed before beginning their careers that would change America and the entire world: George Washington was a surveyor, Benjamin Franklin was a printer, and Paul Revere was a silversmith. With the unfortunate reality that the high school curriculum will not sufficient train workers to complete many of the jobs in need of filling these days, hopefully our next great generation of leaders will be the product of apprenticeship programs as well.
But even in today’s economy that relies a little less on butter churning (and a smidge more on electricity), apprenticeship remains a viable and promising avenue for worker to reach the middle class. The average graduate of the of the Registered Apprenticeship program earns $60,000 per year and is on pace to earn more than $240,000 more than her colleagues that did not complete the program[3].
There are three type of apprenticeship programs other companies have pursued based upon their specific needs.
Time-based: Progress is measured by the number of hours the apprentice spends learning the craft.
Competency-based: The apprentice learns at his/her own pace, and progress is measured by a demonstration of the needed knowledge and skills.
Hybrid: the apprentice’s progress is measured by a combination of time spent acquiring skills and competencies proven through examination.
But let us cut to the chase: these programs sound nice for these other folks, but what about for you and your company’s needs?
I. How the Registered Apprenticeship Program Will Help Your Skill Trade Company
This Registered Apprenticeship program is not some new, untested production of the recent stimulus bill, for example, but one that has been producing results for American workers for more than 80 years.
The federal government has approved more than 1,300 occupations; it is very likely that your skilled labor company could use assistance in recruiting in one of the areas approved. The Dept. of Labor lists many of the benefits of working with the federal apprenticeship program.
A stable and predictable pipeline of workers for labor intensive industries.
Customized training so your employees are trained on the equipment exactly how the firm prefers it used.
A systematic approach, tested and refined over time, to training that will optimize time and results.
A much-improved retention rate: 87% of apprentices in 2011 were still employed with their company nine months after the program was completed.
A refined safety training that will lead to less accidents and higher productivity.
An often much-needed institutional knowledge transfer occurs between retiring employees and upcoming apprentices.
A serious financial return: companies earn on average $1.40 for every dollar spent on the program.[1]
But it is not all profits and fairytales; with all those benefits, the federal government requires action taken similar to that required of federal contractors. As long as you are prepared for what needs to be done, it is not so bad.
II. What You Need to Know about Registered Apprenticeship to Make Things Run Smoothly
We will now take a moment to highlight where and how updates to the National Apprenticeship Act[1] were promulgated.
Important Publications of the Dept. of Labor Updating the Law
The relevant regulations for a federal apprenticeship program have been recently updated (and will be discussed below). You may find these updates in the following places:
Training and Employment Notices (TENS) & Training and Employment Guidance Letters (TEGLS) are considered policy guidance by the Dept. of Labor and published periodically to clarify how ambiguous text of the Code of Federal Regulations (CFR) should be understood.
The Office of Apprenticeship (of the Dept. of Labor) publishes Bulletins and Circulars informing Apprenticeship program participants of updates to mandatory regulations. The Affirmative Action requirements of Part B (below) were issued by Circular.
Registered Apprenticeship Programs are Subject to EEO Affirmative Action Regulations
And it is important to note that new rules were promulgated of the Dept. of Labor, and are in effect as of July 2017. Here is a quick summary of the amendments to the rule that you need to know that were updated over the summer:
The Mandatory EEO Pledge (available in full in at Appendix E) has been expanded from its initial 1978 edition to include more categories of protected persons.
The initial EEO Pledge defined the protected classes as those of “race, color, religion, national origin, or sex.”
The 2017 addition expands the list to those of “race, color, religion, national origin, sex (including pregnancy and gender identity), sexual orientation, genetic information, or because they are an individual with a disability or a person 40 years old or older.”
The Dept. of Labor requires the above Pledge to be present in “all appropriate publications” including handbooks, policy manuals, etc.
The Pledge shall be included in recruitment material intended to attract referrals from all demographic groups.
The new EEO rule explicitly states what a Registered Apprenticeship program must do[1] regarding affirmative action steps[2]:
Assign EEO responsibilities to a specific person.
Distribute EEO policy to staff and conduct information sessions.
“Conduct outreach and recruitment” to “groups that represent diverse populations.”
Keep the workplace free of harassment, intimidation, and retaliation.
As you can see, with all the benefits of attracting needed labor through the Registered Apprenticeship program, it is well worth the effort to comply with the federal regulations. Given how skill specific many jobs are now, it is more and more impossible to rely on the traditional education system to provide the workers you need. It is well worth you and your firm’s time to develop a keen understand of Registered Apprenticeships as one of the most practical ways for a rising company to meet its growing labor needs.
Appendices
Appendix A: State Run vs. Federally Run Apprentice Programs
Pictured above: both aggregate apprentices and growth of the program. Appendix D:
Federal Data for the Top 30 Apprentice Occupations for Fiscal Year 2016
Occupation Title
Active Apprentices
Electrician
41,489
Plumbers, Pipefitters, and Steamfitters
23,094
Carpenter
20,159
Construction Laborers
14,089
Heavy and Tractor-Trailer Truck Drivers
7,890
Electrical Power-Line Installers and Repairers
7,008
Sheet Metal Worker
6,667
Structural Iron and Steel Workers
5,225
Drywall and Ceiling Tile Installers
4,509
Roofer
3,946
Operating Engineers and Other Construction Equipment Operators
3,554
Millwright
3,415
Heating, Air Conditioning, and Refrigeration Mechanics and Installers
3,135
Painters, Construction and Maintenance
2,998
Elevator Installers and Repairers
2,998
Telecommunications Equipment Installers and Repairers, Except Line Installers
2,245
Industrial Machinery Mechanics
2,019
Cement Masons and Concrete Finishers
1,995
Cooks, Institution and Cafeteria
1,890
Telecommunications Line Installers and Repairers
1,684
Reinforcing Iron and Rebar Workers
1,640
Floor Layers, Except Carpet, Wood, and Hard Tiles
1,623
Machinists
1,518
Glaziers
1,436
Tool and Die Makers
1,436
Pharmacy Technicians
1,279
Structural Metal Fabricators and Fitters
1,272
Maids and Housekeeping Cleaners
1,204
Brickmasons and Blockmasons
1,174
Boilermakers
1,150
Appendix E, Other Useful Resources:
Schedule of Recurring Obligations per the Dept. of Labor as Title 29, CRF Part 30, describing the EEO Requirements for Affirmative Action.
Update List of Recruitment Sources (§ 30(b)(3)(i)): Annually
Update Written AAP (§ 30.4(e)): Each time workforce analysis is done (at compliance review, and then agai00n in 3 years if no intervening compliance review)
Conduct Workforce Analysis (race/sex/ethnicity) (§ 30.5(b)): At each compliance review, and again if 3 years have passed since last workforce analysis without a compliance review
Conduct Availability Analysis (race/sex/ethnicity) (§ 30.5(c)): At each compliance review
Establish Utilization Goals (race/sex/ethnicity) (§ 30.6(a)): At each compliance review (if underutilized)
Conduct Workforce Analysis (disability) (§ 30.7(d)(2)): At each compliance review, and again if 3 years have passed since last workforce analysis without a compliance review
Action oriented efforts (§ 30.8):
Race/sex/ethnicity: Only undertaken if goal is set at compliance review
Disability: Only undertaken if underutilization determined and impediments to EEO are determined to exist
Review of personnel processes (§ 30.9): Annually
Invitation to self-identify as individual with a disability (§ 30.11):
Pre-offer: When individual applies or is considered for apprenticeship
Post-offer: After acceptance into program, but before apprenticeship begins
Reminder to apprentices in program that they can update self-ID: Annually
The Updated (December 2016) EEO Pledge (As Mandated by 29 CFR § 30.3(b)(2) and 29 CFR § 30.3(c)(1))
Standard EEO Pledge Addendum: [Name of sponsor] will not discriminate against apprenticeship applicants or apprentices based on race, color, religion, national origin, sex (including pregnancy and gender identity), sexual orientation, genetic information, or because they are an individual with a disability or a person 40 years old or older. [Name of sponsor] will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under Title 29 of the Code of Federal Regulations, part 30.
Re-evaluating long-standing beliefs, behaviors, and institutions, companies need to continue moving forward with attracting talent, developing their workforce, forming productive teams, maximizing innovation, and tackling internal and external challenges.
Key approaches in this endeavor include maximizing thoughtful awareness and deepening understanding of beliefs and tendencies that occur below the surface level of individual awareness. In other words, astute organizations realize that a holistic diversity and inclusion program must include information, explanations, and directions toward addressing unconscious biases and microaggressions.
Often, we don’t realize that implicit biases can sometimes result in microaggressions. In this course, we will demonstrate how subtle or unintentional comments and actions towards others can have a negative impact not just on individuals but on the overall culture of an organization, too.
AAP A01 – Understanding AAP Requirements
Date TBD
“Written AAP” is one of the top violations cited by the OFCCP, implying a great need for companies under the OFCCP’s jurisdiction to really get a handle on AAP creation. Part 1 is designed to overview the foundation of written Affirmative Action Plans and their necessity, focusing primarily on the background and structure of an Affirmative Action Plan.
AAP A02 – Organizational Profile and Job Group Analysis
Date TBD
This webinar is designed to provide Supply and Service federal contractors with best practices for performing an organizational profile and job group analysis.
AAP A03 – Determining Availability
Date TBD
This webinar discusses the two factors federal contractors are required to consider in determining availability, as well as typical data used when calculating availability.
AAP A04 – Good Faith Efforts
Date TBD
This webinar will discuss how a company can determine existence of a potential gap in their actual hiring relative to availability of the protected groups, and how to take corrective actions through ‘good faith efforts (GFE)’ in their talent acquisition process. Details of such GFE will be covered with details of how to attract, reach and manage candidate flow of the gap areas, and how to maintain records of such GFE for successful OFCCP audits.
RECORDKEEPING R01 – Maintaining Applicant Flow Data
Date TBD
This webinar is designed to discuss maintaining applicant flow data, both for the internet applicant and traditional applicant definitions. The presentation will cover the maintenance of employment records in paper and electronic format, as well as accessibility of online systems.
COMPENSATION P01 – Analyzing for Compensation Data
Date TBD
This webinar is designed to address compensation regulations and enforcement. It also discusses case laws and related settlements, along with the best practices to mitigate risk of pay disparities.
FAAP F01 – Understanding Functional Affirmative Action Plan
Date TBD
Is FAAP the right AAP for you? Executive Order 11246, Section 503 and VEVRAA allow a contractor to set up their AAPs based on company functional or business units. This option allows the contractor to analyze data by the various operations rather than location/establishment, which may align more closely to their corporate structure. Learn more about the new FAAP Directive and how to comply. You will learn requirements to qualify for FAAP, industries using FAAPs, advantages of using FAAPs, FAAP update, and more.
C01 – Requirements for Construction Contractors
Date TBD
This webinar will provide an overview of what is expected from construction contractors during an OFCCP Evaluation. The Office of Federal Contract Compliance Programs (OFCCP) is part of the U.S. Department of Labor. The OFCCP is responsible for ensuring that employers doing business with the Federal government comply with the laws and regulations requiring nondiscrimination. Construction contractors or subcontractors have a construction contract with the federal government, and are thus subject to evaluations. In summary, this webinar will provide attendees with the “16 steps” that should be taken by construction contractors to comply with federal regulations.
C02 – What to Expect During an OFCCP Construction Evaluation
Date TBD
This webinar will provide an overview of what to expect during an OFCCP construction evaluation. The Office of Federal Contract Compliance Programs (OFCCP) is part of the U.S. Department of Labor. The OFCCP is responsible for ensuring that employers doing business with the federal government comply with the laws and regulations requiring nondiscrimination. When construction contractors face an evaluation, they will first receive a scheduling letter from the OFCCP. This webinar aims to prepare attendees for the events following the scheduling letter.
Workplace Violence
Date TBD
This webinar includes two topics that are important for business leaders and employers to educate themselves on an unfortunate, yet very real trend in the country. Join us as we review Workplace Violence, specifically causes and signs to look for, pre-attack indicators, ways that you can help to de-escalate situations and keep your workplace safe, and how to prepare and handle difficult conversations. Next, we will review history cases of active shooter incidents and understand the underlying details from investigators and law enforcement officials. Included is an examination of motivators and tactics used by active shooters. We will then review suggested reactions if you find yourself in an active shooter situation (Run, Hide, or Fight), including interacting effectively with law enforcement.
Promoting a Respectful Workplace: Preventing Harassment and Bullying
Date TBD
Harassment and abusive behavior training has become a high priority for HR practitioners, company leaders, and their organizations. Recent headlines and hashtags underscore the need to replace the old model, which trained employees on laws and rules, with a fresh approach that emphasizes what matters most – ensuring employees know how to make the right decisions and take the right actions if they experience or witness harassment, discrimination, or other misconduct in their places of work.
In this dynamic society, anti-harassment training is essential for educating employees and leaders on what is acceptable and unacceptable workplace behavior. Even beyond this, employers need to reinforce the message that it is every individual’s responsibility to speak up and report incidents of harassment and retaliation.
Training employees on how to recognize and respond to situations that can lead to harassment, bullying and related behaviors – from the obvious to the subtle – is one of the most effective ways to foster a positive, respectful workplace. Training can also help organizations avoid costly harassment complaints that can damage their reputation, recruiting, retention and bottom line.
Filing for EEO-1 & Vets 4212
Date TBD
EEO Reports / Surveys:
The EEOC collects workforce data from employers with more than 100 employees (50 employees threshold applies to federal contractors). Employers meeting the reporting thresholds have a legal obligation to provide the data; it is not voluntary.
You will learn:
Filing for the EEO-1
Latest deadline for filing the 2018-EEO-1
Other types of EEO reports
VETS-4212 Federal Contractor Reporting:
According to 38 U.S. Code, Section 4212, codified at 41 CFR Section 61-300, respectively, contractors and subcontractors who enter into, or modify a contract or subcontract with the federal government, and whose contract meets the criteria set forth in the above legislation/regulations, are required to report annually on their affirmative action efforts in employing veterans. VETS has a legislative requirement to collect, and make available to OFCCP, reported data contained on the VETS-4212 report for compliance enforcement.
You will learn:
Filing for Vets-4212
Deadline for filing the 2018 & 2019 Vets-4212
Background Checks
Date TBD
“Ban the box” continues to occupy a large portion of recruiting discussions, even in municipalities that haven’t enacted these regulations. It makes sense for employers to reconsider their hiring practices to include the largely-untapped labor market of individuals with criminal histories. Many employers don’t know if and how to expand their recruiting efforts to include this segment. This course is designed to expand your knowledge about this topic and provide you with specific guidance to develop or modify your existing hiring processes.
After taking this course, you’ll have a better understanding of the labor market and how fair chance hiring regulations affect you as an employer, even if you don’t currently need to comply with these municipal regulations. You will have key knowledge to help ensure that your hiring practices incorporate the processes and actions needed to practically deal with candidates who have criminal histories. You will also understand why expanding your hiring practices to those with criminal histories can help you to continue to build a skilled workforce for your company’s success.