Bill Summary – FastDemocracy

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
 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
 agreements for their improvement; and (10) perform such other
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 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 must 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 full-time equivalent employes. The following shall
 apply:
    (1)    The determination of the hazard level shall be based on
 the average fatality rates for the last three full calendar
 years for which data is available, as follows:
    (i)    A fatality rate of nine or more fatalities per one
 hundred thousand full-time equivalent employes shall be a high-
 hazard occupation.
    (ii)    A fatality rate greater than two and less than nine
 fatalities per one hundred thousand full-time equivalent
 employes shall be a medium-hazard occupation.
    (iii)    A fatality rate of two or fewer fatalities per one
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 hundred thousand full-time equivalent employes shall be a low-
 hazard occupation.
    (2)    No later than January 31 of each year, the review under
 this subsection must be completed.
    (3)    No later than March 1 of each year, the Department of
 Labor and Industry shall:
    (i)    Compile the average fatality rates for each occupation
 and a list of the occupations for which the hazard level and
 ratio requirement have changed.
    (ii)   Transmit the information under subparagraph (i) to the
 Legislative Reference Bureau for publication in the next
 available issue of the Pennsylvania Bulletin.
    (4)    No later than April 30 of each year, the Department of
 Labor and Industry shall notify in writing each program sponsor
 that is impacted by a change to an occupational hazard level or
 a different ratio requirement.
    (5)    A change to an occupational hazard level or ratio
 requirement shall take effect July 1 of the year in which the
 publication is made under paragraph (3)(ii).
    (c)    Notwithstanding the limits in subsection (a), the
 following shall apply:
    (1)    When an apprentice or trainee is employed by an
 enterprise that employs fewer than fifty 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.
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    (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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Statutes/Laws affected: 
Printer's No. 0410: P.L.604, No.304