Chapter 5101:11-3 Eligibility - Selection

5101:11-3-01 Eligibility for program registration.

To be eligible for registration with the council, each apprenticeship program shall conform to the following requirements;

(A) Any business entity applying for program registration must be incorporated in Ohio or, alternatively, have operated as a business in Ohio for at least twelve months. This provision shall not be interpreted to preclude any employer from joining an existing apprenticeship program.

(B) Any applicant for program registration must submit a set of program standards to the council, in the form of an organized, written plan embodying the terms and conditions of employment, training, and supervision in an apprenticeable occupation.

(C) The program standards must contain the equal opportunity pledge prescribed in paragraph (B) of rule 5101:11-4-01 of the Administrative Code and, for programs that train five or more apprentices at a time, an affirmative action plan in accordance with rule 5101:11-4-02 of the Administrative Code.

(D) The program standards shall include language stating, in sufficient detail to show conformity with all relevant requirements, the following provisions:

(1) Equal Employment Opportunity (EEO):

methods of selection, employment, and advancement of apprentices, which methods shall conform to all requirements of Chapter 5101:11-4 of the Administrative Code regarding equal opportunity, and in the case of programs training five or more apprentices, shall conform to the requirements of rule 5101:11-3-02 of the Administrative Code regarding selection methods;

(2) Enrollment

(a) The sponsor's minimum qualifications for persons to enter the program, including an eligible starting age not less than sixteen years;

(b) Where the standards allow for granting advanced credit toward program completion based on previously acquired experience, training, and/or skills:

(i) The specific criteria for granting credit; a method for evaluating applicants by these criteria and assigning them to corresponding progression steps in the program, with commensurate wages; and rules for applying such method consistently, fairly, and without discrimination based on any consideration besides the stated criteria;

(ii) Acknowledgement that no apprentice shall receive advanced credit for more than seventy-five percent of required on-the-job training (OJT) and that remaining OJT shall be no less than 2000 hours, except for an apprentice transferring from another registered course in the same occupation (at the sponsor's discretion, credit may be granted for up to 100% of related technical instruction or "RTI");

(iii) Stipulation that for each credit recipient the sponsor will provide the council not only his/her apprentice agreement, but also a voucher form describing all work and training on which the credit is based (whether for OJT or RTI), and transcripts for any past instruction counted towards RTI;

(iv) Acknowledgement that all advanced credit is subject to approval by the council;

(c) Provision for issuing an apprenticeship agreement for each apprentice, to be signed by the sponsor or its agent, and by the apprentice, and if the apprentice is a minor, by his/her legal guardian;

(3) Training

(a) Provision for employing and training every apprentice of the program in some skilled occupation, which must be specified;

(b) A term of apprenticeship that includes not less than two thousand hours of work experience and is consistent with training requirements of the occupation;

(c) A schedule of work processes by which every apprentice of the program in a given occupation is to receive experience and training on the job, such schedule to state the approximate time to be spent in each major process;

(d) Provision for a minimum of one hundred forty-four hours per year for each apprentice, of "related instruction," i.e., organized instruction of demonstrated value in technical subjects concerning the apprentice's occupation; which instruction may be given through classroom courses, correspondence courses, self-study, or other format(s), subject to council approval;

(4) Participant status

(a) Provision for a probationary period reasonable in relation to the full apprenticeship term, with full credit given for on-the-job instruction and related activities during such period, toward the completion of the apprenticeship;

(b) Authorization for the termination of an apprenticeship agreement during the probationary period by either party without stated cause;

(c) For group programs, a plan providing that if any participating employer cannot fulfill its obligations under the apprenticeship agreement, those obligations will be transferred to another employer in the program, conditional on the consent of the apprentice and the apprenticeship sponsor;

(d) An assurance that the sponsor will request council registration of every apprenticeship agreement and any substantive amendment affecting apprentice training, safety or supervision; will report to the council concerning: completion of training by each apprentice, as well as cancellation, suspension, and termination of an apprenticeship agreement, and the cause(s) of all such changes in status; and will request from the council a certificate of completion for every registered apprentice who successfully completes training in a registered program;

(e) A procedure for periodically evaluating each apprentice's progress in the program, including his/her performance in work activities and related instruction, and for keeping adequate records of this progress;

(5) Safety and welfare

(a) A schedule for a progressively increasing apprentice wage that at each step relates to the journey wage, in roughly the same proportion as the apprentice skill-level to the journey skill-level; with the entry wage to be no less than the minimum prescribed by the Fair Labor Standards Act of 1938, 29 U.S.C. Chapter 8, where applicable, and higher if so required by law, regulation, or a collective bargaining agreement;

(b) A procedure for adjudicating differences that may arise between the apprentice(s) and other parties to the program;

(c) The name, phone number, and address of the appropriate authority under the program to receive, process, and make disposition of complaints;

(d) Description of the specific working conditions of the apprentice(s) relative to safety;

(e) The job title of the qualified person or persons to be responsible for supervising and training the apprentice;

(f) Assurance that in all work activity involving an apprentice, a numeric ratio will be maintained in the employment of apprentices to that of journey-persons, that is consistent with proper supervision, training, safety, and continued employment. This ratio shall be defined clearly in terms of whether it applies to the job site, department, facility, or overall work force of the employer. All apprenticeship training in building and construction occupations shall comply with the following stipulations regarding the ratio of apprentices to journeypersons employed on the job site at the same time:

(i) Where a program sponsor is bound by one or more collective bargaining agreement(s) affecting the pertinent occupation(s), the ratio shall conform to the applicable terms of the agreement(s);

(ii) Where a program sponsor is not bound by such an agreement, the ratio shall conform to either of two criteria:

(a) The applicable terms of the agreement(s) affecting the pertinent occupation(s) in the geographic area nearest to the job site; or

(b) The standard formula of one journeyperson for the first apprentice counted at the job site at a given time, and three journeypersons for each additional apprentice at the job site at that time.

(iii) The council retains the right to deny registration to any program where the utilized ratio does not ensure adequate safety and supervision of the apprentice(s);

(g) Provision for the safety training of all apprentices, both on the job and in related instruction, and for ensuring that all equipment and facilities used in the program are adequate and safe.

(6) Program administration

(a) Identification of the registration entity;

(b) The name of the organization sponsoring the apprenticeship program and the name and signature of the sponsor's authorized representative;

(c) Provision for employer-employee cooperation where a bargaining agreement exists;

(d) Provision for producing and maintaining all program records required by the registration entity;

(e) Provision for the registration, cancellation, and deregistration of the program and the prompt submission for council approval of any modification or amendment thereto.

(E) Nothing in rule 5101:11-2-03 (program and apprentice registration procedures), 5101:11-3-01 (eligibility criteria for program registration), or 5101:11-3-03 (contents of apprenticeship agreements) of the Administrative Code shall operate to invalidate:

(1) Any collective bargaining agreement provision establishing higher apprenticeship standards;

(2) In the standards, any special provision for veterans, minority persons, or females which is not otherwise prohibited by law, executive order, or authorized regulation.

Effective: 06/06/2009
R.C. 119.032 review dates: 03/20/2009 and 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.01
Prior Effective Dates: 10/8/71, 6/20/79, 11/23/98, 3/22/04

5101:11-3-02 Selection of apprentices.

(A) All methods leading to the selection of applicants for apprenticeship, are subject to approval by the council. They must be equitable in nature and shall be applied consistently and fairly.

(B) The standards of each program training five or more apprentices at any one time, shall for each occupation course, stipulate one and only one of the four apprentice selection methods described separately in paragraphs (C)(2), (C)(3), (D), and (E) of this rule. The standards shall describe the selection process in detail. The standards of a program with fewer than five apprentices need not do so, provided that such program was not created and/or designed to circumvent any requirements of division 5101:11 of the Administrative Code; however, its standards must establish for each occupation course a selection method that is fair and equitable. A program, regardless of enrollment, may apply a single selection process for multiple occupation courses, provided that it uses qualification criteria that are valid for each of them.

(C) Selection from an open "eligibility pool." A program may select apprentices from a pool of applicants not limited to current employees of the sponsor or its affiliate(s), provided that the pool is created in accordance with the requirements of paragraph (C)(1) of this rule, and that for each occupational course, applicants in the pool will be chosen for enrollment through one and only one of two methods: by random selection or rank, described respectively in paragraph (C)(2) and (C)(3) of this rule.

(1) Creation of the pool:

(a) Qualifications for the pool. The standards shall state in detail the qualification criteria for admission to the pool, and the process leading to their adoption by the sponsor. The standards shall also provide an assessment system to be used in scoring applicants' conformity with these criteria, and shall state the minimal satisfactory score (i.e., threshold) relating to each criterion, such that non-attainment disqualifies an applicant from admission to the pool. All criteria as well as score thresholds shall bear a significant statistical relationship to the performance expected of apprentices in the program. The sponsor shall demonstrate this relationship using the procedures set forth in 41 C.F.R. part 60-3, regarding non-discriminatory selection procedures.

(i) Examples. Qualification criteria may, but need not, include results from one or more of the following: aptitude tests, school courses, general educational development (GED), occupationally relevant health exams, and work experience.

(ii) Oral interviews. Applicants shall not receive oral interviews before admission to an eligibility pool. Interviews must be limited to objective questions and shall not relate to qualifications already assessed for admission to the pool. For each applicant, the interviewer shall record the question(s) asked and summarize the answer(s) and any resulting conclusions about fitness for the program.

(b) Application process. A program using a pool method must allow two weeks or longer for each period of accepting applications. The sponsor shall give public notice of the application period at least thirty days before it starts (refer to paragraph (C) of rule 5101:11-4-02 of the Administrative Code, on affirmative action, with respect to disseminating information).

(c) Admission to the pool. Everyone who follows the required process for submitting an application during an announced application period, shall be assessed for admission to the pool, in the manner described by the standards. Everyone who meets or exceeds the threshold score(s) in the assessment, shall be admitted to the pool, named on a "list of eligibles," subject to selection under paragraph (C)(2) or (C)(3) of this rule, and notified of his/her admission. Each applicant who fails to meet the threshold or is found unfit for the program based on results of an oral interview, shall receive notice of rejection from the pool, stating the reasons for this action, the requirements for admission, and the appeal rights available to the applicant.

(d) Retention in the pool. With the following exceptions, each applicant who is admitted to an eligibility pool, and where applicable, retained based on an interview, shall remain in the pool, subject to selection, for the next two years. Exceptions include cases covered by paragraph (K) of rule 5101:11-4-02 of the Administrative Code(regarding underrepresented women or minorities). Also, an applicant may be removed from the pool at his/her request or for failure to answer an enrollment notice that is sent by certified mail with return receipt requested. He/she may be re-admitted at the sponsor's discretion within the two-year period. Applicants selected for enrollment shall be afforded a period that is reasonable in light of industry customs and practices, to start work in the program. All applicants shall be treated equally in determining such period. The applicant shall be responsible for keeping the sponsor informed of his/her current mailing address.

(2) Random selection. If applicants in the pool are chosen at random for enrollment, the selection shall be supervised by some impartial person or persons designated by the sponsor but not associated with the administration of the program. The time and place of the selection, and the number of apprentices to be selected, shall be publicly announced. The selection proceedings shall be open to all applicants and the public. The names of apprentices drawn by this method shall be posted at the program sponsor's place of business, immediately following the selection.

(3) Selection on the basis of rank. Where pool members are chosen for enrollment based on rank, they shall be selected in descending order on the scale of assessment scores. The standards of any program using this procedure shall explain the ranking formula, specifying the qualification criteri(on/a) involved and the manner in which scores will be converted to applicant rankings.

(D) Selection from current employees. A program may select apprentices from workers already employed by the sponsor or its affiliate(s), in a manner prescribed by a collective bargaining agreement where such exists, or by the sponsor's established promotion policy, provided that the method used for selection is described in the program standards and is determined by the council to be fair, impartial, and equitable.

(E) Alternative selection methods. A sponsor may select apprentices by means of a method that does not limit applications to existing employees and does not involve preliminary admission to an eligibility pool, provided that it is based on objective and specific qualification criteria and meets the affirmative action plan requirements of Chapter 5101:11-4 of the Administrative Code. Acceptable qualification criteria include but are not limited to those listed in paragraph (C)(1)(a)(i) of this rule (regarding eligibility pools), as well as the results of oral interviews. If interviews are used, they shall comprise a consistent set of questions. For every interview, an adequate record shall be kept, stating conclusions about the applicant's conformity to each of these criteria and summarizing the overall discussion.

(F) The program sponsor shall give each applicant who is not selected for the program, notice of his or her non-selection, including the reason(s) for the non-selection, the requirements for selection, and the appeal rights available to the applicant.

(G) The sponsor may revise its selection method, but may not implement the revised method until the council has approved it as being compatible with the equal opportunity requirements of Chapter 5101:11-4 of the Administrative Code.

Replaces: 5101:11-3-02

Effective: 06/06/2009
R.C. 119.032 review dates: 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.01
Prior Effective Dates: 10/8/71, 10/13/78, 11/23/98, 3/22/04

5101:11-3-03 Apprenticeship Agreement.

The apprenticeship agreement shall contain the following:

(A) Names and signatures of the contracting parties (the apprentice and the program sponsor's authorized representative), and if the apprentice is a minor, the signature of a parent or guardian;

(B) The date of birth of the apprentice;

(C) The name, phone number, and address of the program sponsor's representative;

(D) The phone number and address of the council;

(E) A statement of the occupation or craft in which the apprentice is to be trained, and the beginning date and term (duration) of apprenticeship;

(F) A statement showing:

(1) The number of hours to be spent by the apprentice in on-the-job training; and

(2) The number of hours to be spent by the apprentice in related and supplemental instruction, which must not be less than one hundred forty-four per year;

(G) A graduated scale of wages to be paid the apprentice and a statement of whether the required time in related instruction shall be compensated;

(H) Provision for a specific period of probation during which the apprenticeship agreement may be terminated by either party to the agreement upon written notice to the council;

(I) A statement incorporating as part of the agreement the standards of the apprenticeship program as it exists on the date of the agreement and as it may be amended during the period of the agreement;

(J) Assurance that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, religion, national origin, sex, or age; and

(K) The name and contact information of the appropriate authority designated to address and make disposition of controversies or differences arising between the apprentice and any other parties to the apprenticeship agreement.

Effective: 06/06/2009
R.C. 119.032 review dates: 03/20/2009 and 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.01
Prior Effective Dates: 6/20/79, 11/23/98, 3/22/04

5101:11-3-04 Records.

(A) Obligations of sponsors. Each sponsor shall keep adequate records including: a summary of the qualifications of each applicant; the basis for evaluation and for selection or rejection of each applicant; the records pertaining to interviews of applicants; the original application for each applicant; information relative to the operation of the apprenticeship program, including but not limited to job assignment, promotion, demotion, lay-off, or termination, rates of pay or other forms of compensation or conditions of work; hours, including hours of work and, separately, hours of training provided; and any other records pertinent to determining compliance with division 5101:11 of the Administrative Code, as may be required by the council. The records pertaining to individual applicants selected or rejected, shall be maintained in such manner as to permit identification of minority and female participants.

(B) Affirmative action plans. Each sponsor of a program with five or more apprentices must retain a statement of its affirmative action plan, developed as required by rule 5101:11-4-02 of the Administrative Code for the prompt achievement of full and equal opportunity in apprenticeship, including all data and analyses developed under the requirements of paragraph (F) of rule 5101:11-4-02 of the Administrative Code.

(C) Qualification criteria. Each sponsor selecting apprentices through an eligibility pool or "alternative" method, respectively under paragraph (C) or (E) of rule 5101:11-3-02 of the Administrative Code, must maintain evidence that its qualification criteria bear a statistically significant relationship to good performance in an apprenticeship program based on procedures set forth in 41 C.F.R. part 60-3.

(D) Maintenance of records. The records required by this rule, and any other information relevant to compliance with division 5101:11 of the Administrative Code, shall be maintained for five years and made available upon request to the council, the US department of labor, or other authorized representative.

Effective: 06/06/2009
R.C. 119.032 review dates: 03/20/2009 and 06/01/2014
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.01
Prior Effective Dates: 10/8/71, 10/13/78, 11/23/98, 3/22/04

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