Lawriter - OAC - 5101:11-3-03 Reciprocity agreement.

5101:11-3-03 Reciprocity agreement.

(A) An apprenticeship program shall be accorded registration or approval reciprocity by the council office at the request of the sponsoring entity, where that entity is jointly formed on a multi-state basis by employers and unions in other than the building and construction industry and the program is registered pursuant to all requirements of division 5101:11 of the Administrative Code by any recognized state apprenticeship agency or by the office of apprenticeship.

(B) For state purposes, the council office has the authority to approve out-of-state apprenticeship programs for the building and construction industry pursuant to a reciprocity agreement with any or all of Ohio's contiguous states, provided such agreement includes all of the following criteria:

(1) The jurisdiction of the apprenticeship program must extend into the state of Ohio. In addition, the jurisdiction of the apprenticeship program must extend into the county where the on-the-job training is being obtained.

(2) The apprenticeship program of the contiguous state must meet the apprenticeship requirements of Ohio as provided in Chapter 5101:11-3 of the Administrative Code.

(3) A copy of the affected program standards must be on file with the council office prior to approval being granted.

(4) Verification of each apprentice's indenturement with affected program shall be on file with the council office.

(5) Upon request, the program requesting approval must demonstrate to the satisfaction of the council office that the related instruction of its apprentices shall not be interrupted when they work in Ohio.

(C) The council office will accord reciprocal approval for federal purposes to apprentices, apprenticeship programs, and program standards that are registered outside of Ohio by the office of apprenticeship or a registration agency, if such reciprocity is requested by the respective program sponsors. Programs seeking reciprocal approval must meet the wage and hour provisions and apprentice-journey ratio requirements of the state of Ohio.

(D) When employed on public works projects in Ohio, apprentices of any program registered or approved by the council office shall be subject to the requirements of Chapter 4115. of the Revised Code, regarding wages, apprentice-journey ratios, and work hours in such projects. The apprentice-journey ratios and rates of wages established by the Ohio department of commerce, superintendent of labor and employee safety, shall supersede those contained in the respective program standards.

Replaces: 5101:11-3-05

Effective: 08/07/2014
R.C. 119.032 review dates: 08/01/2019
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03 , 4139.05
Prior Effective Dates: 9/15/80, 11/23/98, 1/12/01, 3/22/04, 6/6/09