Iowa Code § 84D.2 - Definitions

For purposes of this chapter, unless the context otherwise requires: 1. “Apprentice” means a worker who is at least sixteen years of age, is employed to learn an apprenticeable occupation as defined in 29 C.F.R. §29.4, and meets the requirements of the standards of apprenticeship set out in 29 C.F.R. §29.5. 2. “Apprenticeable occupation” means an occupation that is specified by industry and to which all of the following apply: a. The occupation involves skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning. b. The occupation is clearly identified and commonly recognized throughout an industry. c. The occupation involves the progressive attainment of manual, mechanical, or technical skills and knowledge which, in accordance with the industry standard for the occupation, would require the completion of at least two thousand hours of on-the-job learning to attain. d. The occupation requires related instruction to supplement the on-the-job learning. 3. “Apprenticeship agreement” means the acceptance and recording of a written agreement by the Iowa office of apprenticeship between an apprentice and an apprenticeship sponsor that contains the terms and conditions of the apprentice’s employment and training consistent with 29 C.F.R. pt. 29 and this chapter. 4. “Apprenticeship program” means a program registered with the United States department of labor, office of apprenticeship, or the Iowa office of apprenticeship that includes terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices, including the requirement for a written apprenticeship agreement. 5. “Apprenticeship sponsor” means an entity operating an apprenticeship program or an entity in whose name an apprenticeship program is being operated, which entity is registered with or approved by the United States department of labor, office of apprenticeship, or the Iowa office of apprenticeship. “Apprenticeship sponsor” includes a lead apprenticeship sponsor, sponsor, or intermediary, and an employer who provides training through a lead apprenticeship sponsor, sponsor, or intermediary. 6. “Cancellation” means the termination of the registration of a quality pre-apprenticeship program or apprenticeship program at the request of the apprenticeship sponsor or the termination of the apprenticeship agreement at the request of apprentice. 7. “Certification” or “certificate” means the written approval by the Iowa office of apprenticeship of a set of apprenticeship standards, of an individual for employment as an apprentice or probationary apprentice in a registered apprenticeship program, or of an individual who has successfully met the requirements to receive an interim credential. 8. “Director” means the director of the department of workforce development, or the director’s designee. 9. “Employee organization” means any association in which employees participate and which exists for the purpose of dealing with employers. 10. “Employer” means a person or organization employing an apprentice, whether or not such person or organization is a party to an apprenticeship agreement with the apprentice. 11. “Employer organization” means a collective organization of manufacturers, retailers, or other employers of wage labor, which seeks to coordinate the behavior of its member companies in matters of mutual interest. 12. “Intermediary” includes an entity that provides required technical instruction to an apprentice, aggregates employer demand, provides technical assistance to employers, assists with organizing training, develops occupational standards, and assists with the registration of programs with the Iowa office of apprenticeship. 13. “Lead apprenticeship sponsor” means a trade organization, labor organization, employer association, or other incorporated entity representing a group of apprenticeship sponsors. 14. “Licensing authority” means an agency, board, commission, or other office with the authority to require occupational fees or issue licensing requirements for practice of an apprenticeable occupation. 15. “Mentor” or “journeyworker” means an individual who has attained a level of skills, abilities, competencies, and knowledge of a trade or craft, either through formal apprenticeship or through practical on-the-job experiences and training, to be recognized by an individual’s employer as being qualified to perform the work of the trade or craft. “Mentor” or “journeyworker” may include a technician, specialist, or other skilled worker. For an apprenticeship program in an occupation subject to licensure under state law, a mentor or journeyworker must possess a valid license to perform the occupation. 16. “On-the-job training” means training provided by an employer to which all of the following apply: a. The training is provided to a paid apprentice who is engaged in productive work in an occupation, and the work provides knowledge or skills essential to the full and adequate performance of the occupation. b. The training is limited in duration as appropriate to the occupation for which the apprentice is being trained, based on the content of the training, the apprentice’s prior work experience, and the apprentice’s service strategy, as appropriate. 17. “Public member” means a member of the Iowa apprenticeship council not representing an employer organization or employee organization that is familiar with apprenticeable occupations. 18. “Quality pre-apprenticeship program” means a program or set of strategies, registered by and for purposes of the Iowa office of apprenticeship, including basic skills training, academic skills remediation, or introduction to the industry, designed to prepare individuals for entry into a registered apprenticeship program. 19. a. “Registered apprenticeship program” means a program to which all of the following apply: (1) The program has been accepted and recorded by the Iowa office of apprenticeship. (2) The program includes all of the following: (a) Employer involvement. (b) On-the-job training. (c) Related training instruction from a lead apprenticeship sponsor, sponsor, or intermediary. (d) Paid work experience. (e) Receipt of a portable state or nationally recognized credential. (3) The program is for the recruitment, selection, employment, and training of apprentices and is developed pursuant to 29 C.F.R. pts. 29 and 30 and the rules of the Iowa office of apprenticeship. b. “Registered apprenticeship program” may include a youth apprenticeship that otherwise qualifies as a registered apprenticeship program. 20. “Registration agency” means the Iowa office of apprenticeship which is responsible for registering, providing technical assistance, and conducting reviews for compliance with federal law. 21. “Related training instruction” means an organized and systematic form of instruction, other than on-the-job training, to which all of the following apply: a. The instruction is designed to provide an apprentice with knowledge of the subjects related to the apprentice’s occupation. b. The instruction is given in a classroom, through occupational or industrial courses, through correspondence or online courses, or through other forms of self-study. 22. “State advisory council” means the Iowa apprenticeship council established pursuant to 29 C.F.R. §29.13(a)(2) and section 84D.5. 23. “Supervision” includes direction and oversight of apprentices on the job by any supervisor, foreman, journeyworker, or highly skilled mentor who may be counted as a direct supervisor of an apprentice as long as the person is of the same trade or occupation as the apprentice. “Supervision” may occur in person, by phone, or through virtual means; however, supervision for apprenticeship programs must occur in person where otherwise required by the Code. 24. “Work-based learning” means opportunities and experiences that include but are not limited to sustained project-based learning in partnership with an employer, simulated work experiences aligned with industry-recognized credentials, high-quality pre-apprenticeships aligned to an apprenticeship, student learner programs, internships, and apprenticeships. 25. “Youth apprenticeship”, for purposes of the Iowa office of apprenticeship, means a program that is designed specifically for an apprentice eighteen years of age or under. 2023 Acts, ch 72, §2; 2024 Acts, ch 1162, §16, 18