To be eligible for initial and, where applicable, continued
registration, each apprenticeship program shall conform to the following
requirements, applying them to each occupation course where there is more than
one, and shall demonstrate conformity via respective provisions in the
standards.
(A)Program
content
(1)The standards will specifically define
the operating area of the program (i.e., the geographic area in which program
activities are expected to take place), as well as the program's recruitment area
(the geographic area from which the program will recruit applicants for
apprenticeship). The recruitment area will comprise one or more labor market
area(s) as defined by the US bureau of labor statistics. The sponsor will not
select operating or recruitment area boundaries that in effect would exclude or
limit applications from female, minority, or Hispanic populations. The
standards will include a brief rationale for selection of the particular areas
designated for operations and for recruitment. Any change in the geographic
scope of operations and/or recruitment, will be reflected in a modification to
standards, and is contingent on council office approval.
(1)(2) Every apprentice of the program shall be
employed and shall receive both on-the-job training (OJT) and related
instruction (RI) for the purpose of completing an occupation course.
(2)(3) Every occupation course shall provide for
each apprentice to receive at least two thousand hours of OJT, under the terms
of a work process schedule, included in the standards, that lists the major
work processes to be experienced and the approximate number of hours to be
spent learning each process.
(3)(4) For every two thousand hours of OJT, the
apprentice shall receive at least one hundred forty-four hours of RI, i.e.,
organized instruction of demonstrated value in technical subjects concerning
the apprentice's occupation. RI may be given through classroom courses,
correspondence courses, electronic media, self-study, or other format(s),
subject to council office approval. The sponsor shall provide an outline of RI
courses or topics and the general number of hours to be spent in each, with
titles and/or descriptions that clearly distinguish the subject matter.
RI shall be designed and/or provided in conjunction with the
university system of Ohio (USO).
(4)(5) For each occupation course, the program shall
set criteria for the apprentice's completion of training and for progression
steps toward completion, in terms of RI and OJT instructional goals that are
consistent with industry norms for the occupation and are formulated according
to one of three instructional models:
(a)With the
time-based model, the goals shall specify which portions of the work process
schedule and RI outline an apprentice must finish for, respectively, achieving
each progression step and the completion of training.
(b)With the
competency-based model, the goals shall specify what competencies must be
acquired for completion and for attaining each progression step. A program that
prepares the apprentice for an interim attainment, shall also identify the
attainment in terms of the associated competency or competencies.
The standards shall define each competency in terms of specific
levels of specific knowledge, skills, and abilities needed to perform an
occupational function at the level normally expected in employment, and shall
do so using the "KSA" terminology (details of which are found on line
at http://www.onetonline.org).
The sponsor shall determine the methods by which apprentices will
attain each competency, and shall describe these in the standards, including an
explanation of how each component of the work process schedule and RI outline
will contribute to the identified competencies.
(c)With the
hybrid model, the criteria for each progression step and for completion may
comprise a combination of goals that are competency-based and those that are
time-based in nature as defined in paragraphs (A)(45)(a) and (A)(45)(b) of this rule; and the standards shall specify how
each goal contributes to a progression step and to completion of training.
(5)(6) The program shall adopt specific methods for
verifying and recording each apprentice's completion of training and each
achievement of a progression step. These methods shall be fair and consistent,
and conform to all criteria for the respective instructional model, as stated
here:
(a)With the
time-based model, the sponsor shall stipulate, relative to completion and each
progression step, what level of performance is required in each RI and OJT
component, and how the program will assess performance and the hours spent by
the apprentice in each component.
(b)With the
competency-based model, the standards shall, in regard to completion, each
progression step, and where applicable each interim attainment,; stipulate the specific
tests for assessing the relevant knowledge, skills, and abilities; and state the specific
levels of test performance that are required.
In a program that prepares the apprentice for an interim credential,
the sponsor shall evaluate and assess the associated attainment, and the
council office shall award the credential if appropriate.
(c)With the
hybrid model, the program shall confirm achievement of each progression step
and of training completion according to both the time-based and
competency-based criteria defined for the respective models in paragraphs
(A)(5)(a) and (A)(5)(b) of this rule.
(6)(7) For each occupation course, the program shall
determine a specific term of training required for completion that conforms to
the following criteria:
(a)With the
time-based model, the program shall require a certain number of hours of OJT,
which shall be at least ninety per cent of the number recommended by the United
States office of apprenticeship for the relevant occupation course.
(b)With the
competency-based model, the sponsor shall define the term by minimum and
maximum periods allowed for participation in the overall occupation course,
that ensure adequate time to obtain the occupational competencies identified in
the work process schedule and the RI outline.
(c)With the
hybrid model, the program shall stipulate both hourly requirements for total
OJT and total RI, and a time-table defined by minimum and maximum periods for
participation in the overall occupation course.
(7)(8) If an occupation course allows the apprentice
to obtain one or more interim credential(s), the program shall provide this
opportunity on a fair and consistent basis.
(8)(9) For all instructors of RI, the sponsor shall
require documented compliance with minimum qualifications, including but not
necessarily limited to the following:
(a)Currently
receiving or having completed training in teaching techniques and adult
learning styles; and
(b)Either:
(i)Meeting the
requirements of the university system of Ohio institution with which the
program, pursuant to these rules, collaborates in the design and/or delivery of
RI; or
(ii)Being
recognized within an industry as having expertise that qualifies them as subject
matter experts in their occupation(s).
(B)Apprentice
participation and welfare
(1)Enrollment
(a)The For each occupation course,
the sponsor shall identify minimum qualifications for persons to enter
the program, including an eligible starting age not less than sixteen years; and will specify one and only one selection procedure as
defined in rule 5101:11-4-01 of the Administrative Code.
(b)The sponsor
shall provide advanced credit toward completion to new apprentices who are
eligible based on previously acquired experience, training, competency, and/or
skills, and in the standards shall:
(i)Specify the
criteria for granting credit; a method for evaluating applicants by these
criteria and assigning them to corresponding progression steps, with
commensurate wages; and rules for applying such method consistently, fairly,
and without discrimination based on any consideration besides the stated criteria;
(ii)Ensure that,
except for transfers between registered courses in the same occupation, no
apprentice shall receive advanced OJT credit that exceeds either of the
following:
(a)An amount such
that the remaining time in OJT is two thousand hours or more;
(b)Seventy-five
per cent of OJT required for completion, as defined by the stated term of hours
in the case of time-based training, and by the minimal required period in the
case of competency-based training;
(iii)Stipulate
that for each credit recipient the sponsor will provide the council office at
the time of his/her registration, a voucher form describing all work and
training on which the credit is based (whether for OJT or RI), and records of
any past work or instruction counted towards credit; and
(iv)Acknowledge
that all advanced credit is subject to approval by the council office.
(c)For each apprentice individual enrolled in the program, the sponsor
shall have an apprenticeship agreement will be signed
by the sponsorsponsor's
authorized representative or its agent and
by the apprentice and, if the apprentice is a minor, by his/her legal guardian; and. The sponsor shall retain a copy of the document for
five years or until the apprentice completes training,
whichever is laterfollowing the apprentice's
departure from the program by completion or cancellation of his/her training.
The agreement contents are to be submitted to the
council office in a manner that it prescribes at the time. Registration
of the agreement, and thereby of the apprentice, shall be conditional upon
approval of those contents by the council office of the agreement document, or of the requisite data submitted
on line through a state-prescribed automated system.
(2)Participant
status
(a)For each
occupation course the program shall specify a probationary period which is
reasonable in relation to the full apprenticeship term. The probationary period
shall not exceed any of the following:
(i)Two thousand
hours of OJT, or
(ii)Twenty-five
per cent of the stated term in the case of time-based training, or twenty-five
per cent of the stated minimum period in the case of competency-based training.
(b)All RI and OJT
received by an apprentice during probation shall be credited toward
apprenticeship completion. During this period, the sponsor and/or the
apprentice shall be permitted to cancel their apprenticeship agreement without
stated cause.
(c)The sponsor
shall request council office registration of every apprenticeship agreement and
any substantive amendment affecting apprentice training, safety, or supervision. The sponsor shall also report to the
council office every cancellation, extension, and suspension of an
apprenticeship agreement, and the cause of same; and shall request from the
council office a certificate of completion and, if applicable, an interim
credential, for every registered apprentice who meets the relevant criteria. The sponsor shall initiate all such transactions All reports and requests pursuant to this paragraph, will be
submitted to the council office within forty-five days of the respective
changes in apprentice status.
(d)The transfer
of an apprentice between registered programs for the same occupation, or
between occupation courses within a program, shall only be effective if it is
based on concurrence between the apprentice and every affected apprenticeship
sponsor, and is approved by the council office in accordance with the following
requirements:
(i)The
apprenticeship agreement that is in effect before the transfer, must first be
canceled.
(ii)A new
apprenticeship agreement must be executed for enrollment in the receiving
course or program.
(iii)Where an
apprentice transfers between programs, all records of his/her participation in
the releasing program shall be transmitted from the releasing sponsor to the new receiving sponsor or
the council office.
(3)Safety and
welfare
(a)In each
occupation course, the sponsor shall specify 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. The entry wage shall 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.
Approval by the council office of a program wage schedule does not ensure its
conformity with the wage and hour requirements for publicly funded construction
projects.
(b)The sponsor
shall employ a consistent procedure for adjudicating complaints and differences
that may arise between the apprentice(s) and other parties to the program; and
shall make this procedure known to each apprentice, along with the name and
contact information (phone number, office location, and e-mail address) of the
appropriate authority under the program to receive and process complaints.
(c)The sponsor
shall ensure, and demonstrate in the standards, that all apprentice work and
training will take place under safe conditions, with considerations including
but not limited to equipment, facilities, supervision, and instruction. Safety
training shall be included both in OJT and RI.
(d)The sponsor
shall provide the council office and each apprentice with the name, job title,
and contact information of the sponsor's designee responsible for supervising
and training apprentices, and shall immediately provide them with updates of
this information when it changes.
(e)In all work
activity involving an apprentice, a numeric ratio shall be maintained in the
employment of apprentices to that of journey workers 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 journey workers
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 journey worker for the first apprentice counted at the job site
at a given time, and three journey workers for each additional apprentice at
the job site at that time.
(iii)The council
office retains the right to deny or rescind registration to any program where
the utilized ratio does not ensure adequate safety and supervision of the
apprentice(s).
(C)Program
quality
(1)Every program
shall meet criteria of satisfactory instructional
quality, including but not limited to the use of appropriate
industry-recognized RI curriculum and delivery methods.
(2)To remain
registered, a program must have at least one registered apprentice, except
during a maximum of one year for each occurrence of the following intervals:
(a)Between the
dates of a program's initial registration and registration of its first
apprentice(s); and
(b)Between the
dates of any apprentice's completion and registration of the next
apprentice(s).
(3)A program
shall not fail for more than two consecutive training cycles in any occupation
course, to achieve a training completion rate that is the lesser of:
(a)Sixty-seven
per cent, or
(b)The state
average rate for the occupation course.
(D)Program administration
(1)Each sponsor
shall keep adequate records including but not limited to:
(a)Details of
recruitment and selection activities;
(b)All
applications;
(c)A summary of
each applicant's qualifications and assessment results, including a summary of interview
responses;
(d)A copy of
every notice of elimination from an eligibility pool or from the program;
(e)A copy of
every registered apprentice agreement;
(f)A history of
actions affecting the status of each apprentice in the program, including job
assignment, promotion, demotion, lay-off, and termination; rates of pay and any
other forms of compensation; conditions of work; hours of work and, separately,
hours of training provided;
(g)A statement of
its affirmative action plan, developed as required by rule
5101:11-5-02 the rules in Chapter 5101:11-6 of
the Administrative Code, including all data and analyses developed under the
requirements of that chapter paragraph (F) of rule 5101:11-5-02 of the Administrative Code;
(h)For each program selecting apprentices through an eligibility
pool or "alternative" method, respectively under paragraph (C) or (E)
of rule 5101:11-4-01 of the Administrative Code, evidence Evidence that its the program's qualification criteria bear a
statistically significant relationship to good performance in an apprenticeship
program, based on procedures set forth in 41
C.F.R. 60-3 (as in effect on 5/1/2020); and
(i)Any other
records pertinent to determining compliance with division 5101:11 of the
Administrative Code, as may be required by the council office.
(2)A copy of the
information on each apprentice shall be kept in a separate file specific to
that individual. The records of which applicants are selected or rejected,
shall be maintained in such manner as to permit identification of disabled, Hispanic, minority,
and female participants.
(3)Each record
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 office,
the United States department of labor, or other authorized representativeentity, and will
be retained by the sponsor until five years elapse following the completion or
cancellation of the transaction to which it pertains - e.g., of an individual's
apprenticeship in the program, of the effective period for an affirmative
action plan, etc. The council office will resolve questions regarding the
retention requirement for any given document.
(4)The sponsor
shall promptly supply the council office all information required for review of
the program's modification and/or voluntary de-registration.
(E)Nothing in rule 5101:11-3-01, 5101:11-3-02, 5101:11-4-02, or 5101:11-4-03 any rule under division 5101:11 of the
Administrative Code (concerning, respectively: program
registration procedures, program requirements, apprentice registration, and
apprenticeship agreements) shall operate to invalidate any of the following that is not otherwise prohibited by law,
executive order, or authorized regulation:
(1)Any collective
bargaining agreement provision or sponsor policy establishing higher criteria
of safety and/or quality in apprenticeship; or
(2)In the program standards,
any special provision for veterans, or for minority, persons, or females female, Hispanic, or
disabled individuals; orwhich is not otherwise
prohibited by law, executive order, or authorized regulation.
(3)Any program standards provision that
affords equal or greater protection than is found in the rules in division
5101:11 of the Administrative Code, for individuals based on Hispanic
ethnicity, race, color, religion, national origin, sex, sexual orientation, age
over forty years, genetic information, or disability.
Effective: 10/1/2020
Five Year Review (FYR) Dates: 7/6/2020 and 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, 06/20/1979,
11/23/1998, 03/22/2004, 06/06/2009, 08/07/2014