Biden Labor Dept. Withdraws New Government-Registered Apprenticeship Rule

Proposed administration mandate was opposed by both business and labor groups

Training for construction labor could have significantly changed under a proposed Dept. of Labor government-registered apprenticeship programs rule that has now been withdrawn. Construction groups can continue to train apprentices on activities such as pile-driving under the old rules. Photo by Jeff Yoders/ENR

The Biden administration on Nov. 27 withdrew its proposed rule that would have redefined government-registered apprenticeship programs. The rule, announced earlier this year, was opposed by both construction labor and business groups.

The proposed U.S. Labor Dept. rule would have based the criteria for registered programs on a new model of apprenticeship focused on registered career and technical education centers (CTEs). Both business and labor groups—including the umbrella group North America's Building Trades Unions—opposed this change.

"This is one of those issues where we shared many of the same concerns about this proposal with our colleagues in organized labor. The proposed measure would have reduced some of the flexibilities that have made registered apprenticeship programs so effective in preparing new workers," says Brian Turmail, vice president, public affairs and strategic initiatives at the Associated General Contractors of America. "We had assumed the measure would not advance in the same form under a Trump administration and were pleasantly surprised to see it withdrawn, wisely, by the Biden administration."

Ben Brubeck, vice president of regulatory, labor and state affairs for the Associated Builders and Contractors, described the DOL proposal as "out of touch" with the needs of employers and workers in the construction industry. "ABC fully supports government-registered apprenticeship programs as a key component of the construction industry’s all-of-the-above solution to upskilling the more than half a million new workers needed in 2024 alone, but the DOL’s proposed apprenticeship overhaul was... a missed opportunity to modernize and expand the apprenticeship system," he says.

Individual specialty construction contractor groups were also opposed to the idea of having to establish their discipline-specific training programs as CTEs.

In a letter to the Labor Dept. earlier this year, the National Electrical Contractors Association (NECA) citied "major concerns," noting the proposal's reliance on CTEs could have detrimental effects on the apprenticeship program groups like NECA and the IBEW and others have relied on for more than 70 years, as well as the safety of apprentices and contractors.

The incoming Trump administration was unlikely to continue work on the GRAP proposal even if the Biden administration had not withdrawn it.

ENR Associate Technology, Equipment and Products Editor Jeff Yoders has been writing about design and construction innovations for 20 years. He is a five-time Jesse H. Neal award winner and multiple ASBPE winner for his tech coverage. Jeff previously wrote about construction technology for Structural Engineer, CE News and Building Design + Construction. He also wrote about materials prices, construction procurement and estimation for MetalMiner.com. He lives in Chicago, the birthplace of the skyscraper, where the pace of innovation never leaves him without a story to chase.