As used in division 5101:11 of the Administrative Code:
(A)"Administrator"
means the executive director of the Ohio state apprenticeship council office.
(B)"Apprentice"
means a person at least sixteen years of age, except where a higher minimum age
standard is otherwise fixed by law, who is participating in a registered
apprenticeship program to learn a skilled occupation, pursuant to a registered
apprenticeship agreement. (Also known as a "registered apprentice.")
(C)"Apprentice
cohort" means the set of every apprentice who registers in a given
occupation course during a given calendar year, minus each one whose training
was canceled during the respective probation period.
(D)"Apprenticeable
occupation" means one that:
(1)Is customarily
learned in a practical way through a structured, systematic program of supervised
training on the job;
(2)Involves
progressive attainment of manual, mechanical, and/or technical skills
applicable in like occupations throughout an industry;
(3)Requires two
thousand or more hours of on-the-job training;
(4)Requires
related instruction to supplement the on-the-job training;
(5)Is clearly
identified and commonly recognized or accepted throughout an industry; and
(6)Is recognized
by the state registration agency and/or the United States department of labor
office of apprenticeship as meeting the foregoing five criteria.
(E)"Apprenticeship
agreement" means a written agreement between the sponsor of a registered
apprenticeship program and a participant of that program, providing for the
latter's training, and stipulating certain expectations for both parties to the
agreement, as established by parts 29 and 30 of 29 C.F.R. (as in effect on 5/1/2020 8/1/2022), and
as further established in Ohio under division 5101:11 of the Administrative
Code.
(F)"Apprenticeship
committee" means a group of persons designated as a program sponsor.
(1)A joint
committee comprises, in equal numbers, representatives of each employer
participating in the program, and of respective employees represented by a bona
fide collective bargaining agent.
(2)A non-joint
committee has employer representatives and might or might not include employee
representatives, but does not have a bona fide collective bargaining agent as a
participant.
(G)"Apprenticeship
program" means a program that is approved by the registration entity to
teach the skills of one or more apprenticeable occupation(s), through courses
combining on-the-job training and related instruction, according to the
specifications established by parts 29 and 30 of 29 C.F.R., and in Ohio by the
rules under division 5101:11 of the Administrative Code. This model of training
does not correspond to activities designated as "apprenticeship" in
other divisions of the Administrative Code, except where programs are clearly
stipulated that conform to this definition.
(H)"Authorized
representative" means one and only one person who is vested by a program
with chief responsibility for compliance with its standards and these rules;
and who in all dealings with the council office is designated by the program to
speak and make decisions on the program's behalf.
(I)"Available
for apprenticeship" means qualified to apply for enrollment in a
registered apprenticeship program, or able to become qualified by means of the
basic preparation typical of a recognized pre-apprenticeship program.
(J)"Cancellation"
means the termination of an apprenticeship program's registration or of an
apprenticeship agreement.
(K)"Certificate"
means documentary evidence that:
(1)A registration
agency has registered an apprenticeship program that meets the requirements of
division 5101:11 of the Administrative Code;
(2)A registration
agency has determined that an apprentice has successfully met the requirements
to receive an interim credential;
(3)A registration
agency has determined that an apprentice has successfully completed an
occupation course; or
(4)A registration
agency has determined that an apprentice has been successfully registered in a
registered apprenticeship program.
(L)"Chairperson"
means chairperson of the Ohio state apprenticeship council.
(M)"Competency"
means possession of a specified set of knowledge, skills, and abilities, as
demonstrated by appropriate written and hands-on proficiency measurements, that
is recognized throughout an industry as an important condition for successfully
participating in a designated occupation.
(N)"Completion
rate" means the percentage of an apprentice cohort who complete(s)
training according to the program's approved criteria, no later than one
calendar year after the respective planned date(s) for doing so.
(O)"Council"
means the Ohio state apprenticeship council.
(P)"Council
office" means the unit of the Ohio department of job and family services
that staffs the Ohio state apprenticeship council and performs administrative
and oversight functions concerning Ohio's registered apprenticeship system.
(Q)"Deficiency"
is used in in this division when referring either to:
(1)The
under-representation of a given demographic category, among enrollees of a
registered apprenticeship program; or
(2)A short-coming
in the design or operation of a registered apprenticeship program, particularly
where the result undermines compliance with rules in division 5101:11 of the
Administrative Code.
(R)"Direct entry" means
apprentice selection through a procedure that is based on an applicant
criterion conforming to paragraph (G) of rule 5101:11-4-01 and that constitutes
an exception to the regular selection procedure for the respective occupation
course.
(S)"Direct interview" means
admission to a selection eligibility pool through a procedure that is based on
an applicant criterion conforming to paragraph (H) of rule 5101:11-4-01 and
that constitutes an exception to the regular selection procedure for the
respective occupation course.
(R)(T)"Electronic media" means media that
utilize electronics or electromechanical energy to provide access to the
content of apprenticeship instruction and/or training; and includes, but is not
limited to, electronic storage media, transmission media, the Internet,
extranet, lease lines, dial-up lines, private networks, physical movement of
removable/transportable electronic information, and/or interactive distance
learning systems.
(S)(U)"Employer" means any person or
organization employing a registered apprentice, whether or not such person or
organization is a party to the apprenticeship agreement with the apprentice.
(T)(V)"Equal opportunity" means equal
employment opportunity, or equal opportunity in general, the subject of various
state and federal requirements for fairness and equity in hiring, training, and
treatment on the job, as addressed in rule 5101:11-4-01 and Chapters 5101:11-5
and 5101:11-6 of the Administrative Code.
(U)(W)"Ethnicity" denotes an
individual's designation as either Hispanic or non-Hispanic, based on whether
Spanish respectively is or is not the primary language in his/her country of
origin, and/or the country(s) of his/her predominant ancestry.
(X)"Exceptional procedure" means
a direct-entry or direct-interview procedure defined respectively in paragraph
(G) or (H) of rule 5101:11-4-01.
(V)(Y)"Federal purposes" includes any
federal contract, grant, agreement or arrangement dealing with apprenticeship;
and any federal financial or other assistance, benefit, privilege,
contribution, allowance, exemption, preference or right pertaining to apprenticeship.
(W)(Z)"Full registration" means
registration of an apprenticeship program for an indefinite period after its
first year of operation.
(X)(AA)"Indenture" denotes the
selection of an individual for enrollment or re-enrollment in a registered
program, regardless of whether he/she is simultaneously registered as an
apprentice in that program.
(Y)(BB)"Interim attainment" means
acquisition by an apprentice of a competency or set of competencies that: is
identified by the relevant program standards in terms of specified levels of
specified skills, knowledge, and ability, and the methods by which they will be
demonstrated; is recognized throughout an industry as a meaningful measure of
employability and/or further training potential; and comprises less than the
full set of competencies required for completing the apprentice's occupation
course.
(Z)(CC)"Interim credential" means a
document issued by the council office upon request of the appropriate sponsor,
as certification of interim attainment by an apprentice in a competency-based
or hybrid occupation course defined under paragraph (A) of rule 5101:11-3-02 of
the Administrative Code.
(AA)(DD)"Journey worker" means a worker
who has attained what is recognized within the relevant industry as mastery of
the skill, abilities, and competencies required for an occupation. The term may
also refer to a mentor, technician, specialist, or other skilled worker who has
obtained documented proficiency in an occupation, either through formal
apprenticeship or other on-the-job experience and formal training.
(BB)(EE)"Major occupation sector" means
any of the most general catagories in the ONet system, which assigns an
eight-digit code to each commonly recoginized occupation based on its
attributes. For the purpose of the rules in division 5101:11 of the
Administrative Code, a major sector is any set of occupations that share a
given permutation of the initial two digits in their ONet codes.
(CC)(FF)"Minority" or "minority
group," for purposes of division 5101:11 of the Administrative Code, means
one of four major racial groups, namely African American, American Indian or
Alaska Native, Asian, and Hawaiian or other Pacific Islander.
(DD)(GG)"National apprenticeship system"
means the combined set of all registered apprenticeship programs nationwide,
those organizations that provide service to such programs, and the government
agencies at various geographic levels that oversee such programs.
(EE)(HH)"Occupation course" means the
training provided by an apprenticeship program in a specific apprenticeable
occupation.
(FF)(II)"Office of apprenticeship"
or "OA" means the United States department of labor office of
apprenticeship.
(GG)(JJ)"Ohio State Apprenticeship
Council" means the entity created under section 4139.02 of the Revised
Code to provide advice and guidance to the state apprenticeship agency. Council
members are appointed by the director of the Ohio department of job and family
services.
(HH)(KK)"On-the-job training" means a
structured, systematic program of supervised training provided in the course of
paid work activities.
(II)(LL)"Pre-apprenticeship" means
training that imparts skills and knowledge needed for successful participation
in a registered apprenticeship occupation course. Pre-apprenticeship programs
in Ohio that meet specific quality criteria, and are designed and operated in
collaboration with registered apprenticeship programs, are eligible for formal
statewide recognition under procedures administered by the council office.
(JJ)(MM)"Program standards" means a
written plan describing an apprenticeship program in terms of the requirements
for registration that are specified by division 5101:11 of the Administrative
Code.
(KK)(NN)"Progression step" means an
identifiable stage in an apprentice's training, that is defined by the program
standards in terms of measurable skill acquisition, and one or more of which
shall correlate with some specified increase in apprentice wages.
(LL)(OO)"Provisional registration"
means the one-year initial approval of a program that meets the requirements
for this procedure under division 5101:11 of the Administrative Code, after
which the program will be reviewed and may:
(1)Gain full
registration status;
(2)Continue as
provisionally registered through its first full training cycle; or
(3)Be
de-registered.
(MM)(PP)"Qualified" denotes an
individual who, with or without reasonable accommodation, can perform the
essential functions of a given apprenticeship program.
(NN)(QQ)"Registered apprentice" means an
apprentice as defined within this rule for purposes of division 5101:11 of the
Administrative Code.
(OO)(RR)"Registered program" means an
apprenticeship program as defined within this rule for purposes of division
5101:11 of the Administrative Code.
(PP)(SS)"Registration agency" means an
entity authorized by the office of apprenticeship (OA) to administer and
enforce on a statewide basis the requirements affecting apprenticeship programs
and apprentices, as established by parts 29 and 30 of 29 C.F.R., and as further
established in Ohio under division 5101:11 of the Administrative Code. In Ohio,
the registration agency is the Ohio department of job and family services,
which exercises this function through its council office.
(QQ)(TT)"Registration entity" means OA
or a registration agency.
(RR)(UU)"Registration of an apprentice"
means the registration entity's granting and recording of approval for an
individual to participate in a registered program, pursuant to an accepted
apprenticeship agreement.
(SS)(VV)"Registration of an apprenticeship
agreement" means the registration entity's acceptance thereof, as
documentation of an individual's enrollment in apprenticeship training that is
subject to approved program standards. Registration of the agreement constitutes
registration of the respective apprentice.
(TT)(WW)"Registration of an apprenticeship
program" means the registration entity's granting and recording of
approval for training that is organized pursuant to accepted program standards.
(UU)(XX)"Registration of program
standards" means the registration entity's acceptance thereof, as
documentation of a plan to train apprentices according to the requirements
established by parts 29 and 30 of 29 C.F.R., and by Ohio rules in division
5101:11 of the Administrative Code. Registration of program standards
constitutes registration of the respective program.
(YY)"Regular selection procedure"
means a selection procedure as applied to a given occupation course under its
approved standards, that conforms to paragraph (D), (E), or (F) of rule
5101:11-4-01 of the Administrative Code.
(VV)(ZZ)"Related instruction" means an
organized and systematic form of instruction designed to provide the apprentice
with the knowledge of the theoretical and technical subjects related to the
apprentice's occupation. Such instruction may be given through occupational or
industrial courses, or by correspondence courses of equivalent value,
electronic media, or other forms of autonomous study; which all are subject to
approval by the registration entity.
(WW)(AAA)"Secretary" means the United States
secretary of labor or any person specifically designated by the secretary of
labor to act in the same capacity.
(BBB)"Selection cycle" means a schedule
designated by program standards for an occupation course to accept and process
enrollment applications. For an occupation course that accepts and processes
applications continually, a selection cycle may be defined by the council
office as a given calendar period, for purposes of gauging compliance with
state and federal requirements for registered apprenticeship.
(XX)(CCC)"Sponsor" means any organization
operating a registered apprenticeship program and in whose name the program is
registered. A sponsor is characterized as either "individual" (comprising
a single employer and/or a union representing its employees) or
"group" (including multiple employers and/or a union or association
with which they are affiliated), and in both cases as either "joint"
(assigning program operations to a committee equally representing organized
labor and management) or "non-joint" (not involving such a
committee).
(YY)(DDD)"State apprenticeship agency"
means a state government agency that is authorized by the office of
apprenticeship to register and oversee apprenticeship programs and agreements
for federal purposes. In Ohio, the state apprenticeship agency is the Ohio
department of job and family services.
(ZZ)(EEE)"State office" means the state
government unit or division that carries out the day-to-day functions of, and
is the main point of contact for, the state apprenticeship agency. In Ohio,
this office is the council office.
(AAA)(FFF)"Technical assistance" means
guidance provided by the council office in the development, revision,
amendment, or processing of a potential or current program sponsor's standards
and/or agreements, or in furthering compliance with the provisions of division
5101:11 of the Administrative Code and those of parts 29 and 30 of 29 C.F.R.
(BBB)(GGG)"Training cycle" means, for a specified
occupation course, a period starting in a given year on the earliest date when
the course registers an apprentice, and ending when it no longer includes any
apprentice enrolled in said year.
(CCC)(HHH)"Transfer" means a shift of
apprentice registration from one program to another, or from one occupational
course to another within the same program, based on concurrence between the
apprentice and the affected program sponsor(s).
(DDD)(III)"Writing" and conjugated forms
"write," "written," etc., as used in rules under division
5101:11 of the Administrative Code, will pertain generally to hand-written,
printed, electronically typed, and otherwise visually recorded verbal
information. The specific format requirements for documents described in this
division, will be determined by council office practice and/or policy.
Effective: 10/30/2022
Five Year Review (FYR) Dates: 10/1/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 10/20/2022
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.01
Prior Effective Dates: 10/08/1971, 06/20/1979, 11/23/1998,
03/22/2004, 06/06/2009, 08/07/2014, 10/01/2020