5101:11-3-05 Reciprocity agreement.

(A) An apprenticeship program shall be accorded registration or approval reciprocity by the council 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/council or by the office of apprenticeship.

(B) The Ohio state apprenticeship council (OSAC) has the authority to register out-of-state apprenticeship programs for the building and construction industry pursuant to a reciprocity agreement with any or all 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 project is being performed.

(2) The apprenticeship program of the contiguous state must substantially meet the apprenticeship standards of the OSAC 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 OSAC prior to registration being granted.

(4) Verification of apprentice(s) indenturement with affected program shall be on file with the OSAC.

(5) Upon request, the program requesting registration must demonstrate to the satisfaction of the OSAC that the related classroom instruction will not be interrupted.

(C) When employed on public works projects in Ohio, apprentices of any program registered by the OSAC shall be subject to the requirements of Chapter 4115. of the Revised Code, regarding wages and work hours in such projects. The rate of wages established by the Ohio department of commerce, superintendent of labor and employee safety, shall supercede the rate of wages contained in the apprenticeship standards.

Effective: 06/06/2009
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.01
Prior Effective Dates: 9/15/80, 11/23/98, 1/12/01, 3/22/04