(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 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.
Replaces: Part of 5101:11-5-02
Effective: 10/1/2020
Five Year Review (FYR) Dates: 10/01/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 09/14/2020
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