(A)Full
utilization. The following provisions apply whenever an administrative review
under paragraph (C) of this rule finds no need for apprenticeship program
modification to ensure compliance with the equal employment opportunity (EEO)
provisions of the rules in division 5101:11 of the Administrative Code, nor
find any barriers to equal opportunity for female, minority, or disabled
people, and a deficiency analysis under paragraph (D) of this rule reveals no
under-utilization of female, minority, Hispanic, or disabled people in the
program.
(1)Minimum
contents. The sponsor's affirmative action plan (AAP) may be limited to
describing the methods for reviews and analyses under rule 5101:11-6-02 of the
Administrative Code; the community collaboration activities under paragraph (D)
of the present rule; and the activities mandated under Chapter 5101:11-5 of the
Administrative Code, for the purpose of meeting general EEO requirements.
(2)Other
activities. As a matter of best practice, sponsors are encouraged to consider
conducting the following outreach, recruitment, and retention activities, to
assist sponsors in avoiding barriers to equal opportunity in apprenticeship.
(a)Targeted
activities described in paragraph (C) of this rule;
(b)Exit interviews
of each apprentice who leaves the sponsor's apprenticeship program prior to
receiving a certificate of completion to understand better why the apprentice
is leaving the program and to help shape the sponsor's retention activities.
(B)Response to an
administrative review finding.
(1)When an
administrative review identifies a practice, policy, or employment decision
that creates a barrier to equal opportunity, the sponsor will revise such
policies accordingly and describe the change both in the AAP and the standards.
(2)When an
administrative review identifies an apprenticeship program modification that is
needed to ensure fulfillment of the EEO and affirmative action obligations
under the rules in division 5101:11 of the Administrative Code, the sponsor is
to promptly implement such modification and describe it both in the AAP and the
standards.
(3)Where a sponsor
has determined pursuant to such a review that there are problem areas with
respect to its outreach, recruitment, and retention activities for individuals with
disabilities, the sponsor will undertake targeted activities as prescribed
under paragraph (C) of this rule in response to a finding of under-utilization,
and will provide for these activities in its AAP.
(C)Response to a
deficiency finding. Targeted activities. Where a deficiency analysis finds
underutilization of female, minority, and/or Hispanic individuals in
apprenticeship resulting in adoption of a utilization goal, the sponsor will
undertake targeted outreach, recruitment, and retention activities that are
likely to increase participation by the affected group(s) in apprenticeship,
and to expand the opportunity of individuals in such group(s) to become
eligible for apprenticeship selection, and improve retention of apprentices
from the group(s) affected. These activities are to include substantive working
relationships with community organizations and leaders that have an interest in
serving the target populations. In its AAP, every sponsor subject to the
targeted activities requirement, will: set forth the specific targeted
outreach, recruitment, and retention activities it plans to take for the
upcoming program year; list the community entities with which the sponsor will
collaborate; and describe the nature of this collaboration. Targeted activities
are to include at a minimum:
(1)Dissemination
in the following manner, of information concerning the nature and benefits of
apprenticeship, requirements for admission to apprenticeship, availability of
apprenticeship opportunities, sources of apprenticeship applications, and the
equal opportunity policy of the sponsor.
(a)Programs that
accept applications only at specified intervals will disseminate such
information at least thirty days in advance of the earliest date for
application at each interval. Programs that adopt this strategy and that
customarily take applications throughout the year, will disseminate the
information regularly, but not less than semiannually.
(b)This
information is to be disseminated to the council office, local high schools,
local community colleges, local vocational, career and technical schools,
employment service offices, Ohio public workforce system local job centers,
women's centers, outreach programs, and community-based organizations which can
effectively reach minorities and women, and other groups serving the
underutilized group.
(c)The sponsor is
to advertise openings for apprenticeship opportunities by publishing
advertisements in newspapers and other media,
electronic or otherwise, which provide contact with the groups targeted for
recruitment, as well as media that reach the general public in areas where the
program sponsor operates and those that have wide
circulation in the relevant recruitment areas.
(2)Participation
in annual workshops conducted by employment service agencies for the purpose of
familiarizing school, employment service, and other appropriate personnel with
the apprenticeship system and current opportunities therein.
(3)Internal
communication of the sponsor's equal opportunity policy in such a manner as to
foster understanding, acceptance and support among the sponsor's various
officers, supervisors, employees, and members, and to encourage such persons to
take the necessary action to aid the sponsor in meeting its obligations under
division 5101:11 of the Administrative Code.
(4)Utilization of
journey workers to assist in the implementation of the sponsor's affirmative
action plan, for instance by participating in recruitment events, EEO training,
related conferences, apprentice orientation, etc.
(D)Collaboration
with other entities. Every AAP is to include the following provisions.
(1)The sponsor is
to collaborate with other organizations (for instance, community organizations
and other sponsors) in positive recruitment and preparation of female,
Hispanic, and/or racial minority applicants for apprenticeship. Where
appropriate and feasible, such initiatives will provide for pre-testing of
experience and training. Wherever possible, such activities are to include
operation of a state-recognized pre-apprenticeship program. If no such program
exists in the area, the sponsor will seek to develop one, and/or to obtain
financial assistance for such efforts. Any apprenticeship program that trains
for a traditionally male occupation, is to engage in one or more initiatives to
prepare and encourage women to enter that training.
(2)To encourage
the establishment and use of programs designed to prepare significant numbers
of female and minority individuals for apprenticeship, through such activities
as pre-apprenticeship and preparatory occupational training, a sponsor's
affirmative action is to ensure that people served by these initiatives are
afforded full and equal opportunity for admission to the apprenticeship
program.
(E)Updating plans.
Sponsors are to review their affirmative action plans annually and update them
where necessary, including the goals. In the course of this review, the sponsor
will:
(1)Evaluate and
document after every selection cycle for registering apprentices the overall
effectiveness of affirmative action activities;
(2)Refine its
targeted outreach, recruitment, and retention activities as needed; and
(3)Maintain
records of its targeted outreach, recruitment, and retention activities and
records related to its evaluation of these activities.
(F)Compliance.
Compliance with the requirements of this rule will be determined by whether a
sponsor that has a finding of under-utilization has met its goals, or failing
that, whether it has made good faith efforts to meet them. Its "good faith
efforts" will be judged by whether it is following its affirmative action
plan and attempting to make it work, including evaluation and changes in its
program where necessary to obtain the maximum effectiveness toward the
attainment of its goals. In the event of the failure of the sponsor to meet its
goals, it will be given an opportunity to demonstrate that it has made every
"good faith effort" to meet its commitments. All the actions of the
sponsor will be reviewed and evaluated in determining whether such good faith
efforts have been made.
(G)Adjustment of
program standards for affirmative action. Where a sponsor, despite its good
faith efforts, fails to meet its goals within a reasonable period, the council
office may direct that specific changes be made in its affirmative action plan
and/or standards, including where appropriate, its planned selection
procedure(s), in order to obtain maximum effectiveness toward the attainment of
its goals.
(H)Nondiscrimination.
The commitments contained in the sponsor's AAP are not intended, and are not to
be used, to discriminate against any qualified applicant or apprentice on the
basis of race, color, religion, national origin, sex, age over forty years,
Hispanic ethnicity, sexual orientation, genetic information, or disability. In
establishing utilization goals, the following principles apply:
(1)Utilization
goals are not to be rigid and inflexible quotas for the selection of particular
groups as apprentices.
(2)Utilization
goals will not provide a sponsor with a justification to extend a preference to
any individual, select an individual, or adversely affect an individual's
status as an apprentice, on the basis of that person's race, sex, or ethnicity.
(3)Utilization
goals will not create set-asides for specific groups, nor are they intended to
directly achieve equality of completion rates or career success among
apprentices from all demographic groups.
(4)Utilization
goals are not to be used to supersede eligibility requirements for
apprenticeship. Affirmative action plans prescribed by rules under division
5101:11 of the Administrative Code, do not require sponsors to select a person
who lacks qualifications to participate in the apprenticeship program
successfully, or select a less-qualified person in preference to a more
qualified one.
Effective: 2/5/2022
Five Year Review (FYR) Dates: 10/1/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 01/26/2022
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03, 4139.05
Prior Effective Dates: 10/08/1971, 10/13/1978, 11/23/1998,
03/22/2004, 06/06/2009, 08/07/2014, 10/01/2020