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