SB 439 — An Act amending the act of July 14, 1961 (P.L.604, No.304), known as The Apprenticeship and Training Act, further providing for powers and duties; providing for supervision; and abrogating a regulation.

PRINTER'S NO.   410

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 439
                                               Session of
                                                 2025

     INTRODUCED BY KEEFER AND COLEMAN, MARCH 17, 2025

     REFERRED TO LABOR AND INDUSTRY, MARCH 17, 2025


                                    AN ACT
 1   Amending the act of July 14, 1961 (P.L.604, No.304), entitled
 2      "An act relating to apprenticeship and training; creating a
 3      State Apprenticeship and Training Council in the Department
 4      of Labor and Industry to formulate an apprenticeship and
 5      training policy and program, and defining its powers and
 6      duties and providing for administration," further providing
 7      for powers and duties; providing for supervision; and
 8      abrogating a regulation.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Section 4(a) of the act of July 14, 1961
12   (P.L.604, No.304), known as The Apprenticeship and Training Act,
13   is amended to read:
14      Section 4.    Powers and Duties.--(a) The council shall (1)
15   establish standards for apprenticeship in conformity with the
16   provisions of this act and applicable statutes and regulations
17   of the Federal Government; (2) adopt such rules and regulations,
18   subject [only] to section 4.1 and the approval of the Secretary
19   of Labor and Industry, as may be necessary to carry out the
20   intent and purpose of this act; (3) compile such data on
21   population and employment trends, industrial production,
 1   vocational and industrial education and job requirements as may
 2   be deemed necessary to carry out the intent and purpose of this
 3   act; (4) to terminate or cancel any apprenticeship agreements in
 4   accordance with the provisions of such agreements or order
 5   modifications of such agreements; (5) maintain close liaison
 6   with Bureau of Apprenticeship and Training, the United States
 7   Department of Labor, the State Board of Vocational Education,
 8   the Department of Public Instruction, the Department of
 9   Commerce, Bureau of Rehabilitation of the Department of Labor
10   and Industry, and Juvenile Forestry Camps under the Department
11   of Public Welfare, and such other agencies which carry on
12   programs closely related to the purposes of this act; (6)
13   conduct studies, surveys and investigations of the special
14   problems of retraining or training unemployed or employed
15   persons to improve or modernize work skills and make appropriate
16   recommendations to cooperating agencies described above, local
17   community organizations, local school boards and the Secretary
18   of Labor and Industry; (7) act as a convening agency in local
19   communities to bring together local representatives of employes,
20   employers, educational agencies and industrial development
21   agencies in order to promote closer local cooperation in
22   establishing better apprenticeship and other training programs
23   including programs for employed persons who wish to improve and
24   modernize their work skills; (8) use appropriate media of
25   information and education to acquaint employers, employes and
26   the public at large with the advantages and availability of
27   apprenticeship and other occupational training programs; (9)
28   study the effectiveness of apprenticeship agreements and make
29   recommendations in accordance with the provisions of such
30   agreements for their improvement; and (10) perform such other

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 1   duties as may be necessary to give full effect to the provisions
 2   of this act.
 3      * * *
 4      Section 2.    The act is amended by adding a section to read:
 5      Section 4.1.    Supervision.--(a)   Rules and regulations under
 6   section 4(a)(2) providing for the ratio of apprentices to
 7   journeymen must be consistent with proper supervision, training
 8   and continuity of employment. Subject to subsection (c), the
 9   rules and regulations may not require any of the following:
10      (1)    More than three supervisors for each apprentice or
11   trainee in a high-hazard occupation.
12      (2)    More than two supervisors for each apprentice or trainee
13   in a medium-hazard occupation.
14      (3)    More than one supervisor for each apprentice or trainee
15   in a low-hazard occupation.
16      (b)    The hazard level of an occupation shall be determined by
17   a review of the United States Department of Labor, Bureau of
18   Labor Statistics occupational fatality rate per one hundred
19   thousand full-time equivalent employes. The following shall
20   apply:
21      (1)    The determination of the hazard level shall be based on
22   the average fatality rates for the last three full calendar
23   years for which data is available, as follows:
24      (i)    A fatality rate of nine or more fatalities per one
25   hundred thousand full-time equivalent employes shall be a high-
26   hazard occupation.
27      (ii)    A fatality rate greater than two and less than nine
28   fatalities per one hundred thousand full-time equivalent
29   employes shall be a medium-hazard occupation.
30      (iii)    A fatality rate of two or fewer fatalities per one

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 1   hundred thousand full-time equivalent employes shall be a low-
 2   hazard occupation.
 3      (2)    No later than January 31 of each year, the review under
 4   this subsection must be completed.
 5      (3)    No later than March 1 of each year, the Department of
 6   Labor and Industry shall:
 7      (i)    Compile the average fatality rates for each occupation
 8   and a list of the occupations for which the hazard level and
 9   ratio requirement have changed.
10      (ii)   Transmit the information under subparagraph (i) to the
11   Legislative Reference Bureau for publication in the next
12   available issue of the Pennsylvania Bulletin.
13      (4)    No later than April 30 of each year, the Department of
14   Labor and Industry shall notify in writing each program sponsor
15   that is impacted by a change to an occupational hazard level or
16   a different ratio requirement.
17      (5)    A change to an occupational hazard level or ratio
18   requirement shall take effect July 1 of the year in which the
19   publication is made under paragraph (3)(ii).
20      (c)    Notwithstanding the limits in subsection (a), the
21   following shall apply:
22      (1)    When an apprentice or trainee is employed by an
23   enterprise that employs fewer than fifty full-time equivalent
24   employes, rules and regulations under section 4(a)(2) providing
25   for the ratio of apprentices to journeymen may not require more
26   than one supervisor for each of the first three apprentices or
27   trainees employed. If more than three apprentices or trainees
28   are employed, rules and regulations may not require more than
29   three supervisors for every two apprentices or trainees employed
30   after the first three apprentices or trainees.

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 1      (2)   Rules and regulations under section 4(a)(2) providing
 2   for the ratio of apprentices to journeymen shall provide for
 3   consistent ratios between joint and nonjoint programs. If the
 4   prevailing practice among joint programs for a specific
 5   occupation in this Commonwealth, as evidenced by collective
 6   bargaining agreements, allows less supervision than required by
 7   rules and regulations issued under section 4(a)(2), a nonjoint
 8   program for the same occupation shall be allowed to utilize a
 9   ratio of apprentices to journeymen that is consistent with the
10   prevailing practice among joint programs.
11      Section 3.   The provisions of 34 Pa. Code § 83.5(b)(7) are
12   abrogated.
13      Section 4.   This act shall take effect in 60 days.




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