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,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 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
20250SB0439PN0410 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 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
20250SB0439PN0410 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 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, t he 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.
20250SB0439PN0410 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 (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 ยง 83.5(b)(7) are
abrogated.
Section 4. This act shall take effect in 60 days.
20250SB0439PN0410 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13