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 entity 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), and as further established
in Ohio under division 5101:11 of the Administrative Code.
(F)"Apprenticeship
committee" means a group of persons designated by
the as a program sponsor to act for it in the administration of the program and to
enter on its behalf into apprenticeship agreements with apprentices.
(1)A joint
committee is composed of comprises,
in equal numbers, of
representatives of the each employer(s) participating in the program, and of the respective employees
represented by a bona fide collective bargaining agent.
(2)A non-joint
committee, which may be also known as an individual or
group non-joint committee (which may include employees), 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 trains individuals
for is approved by the registration entity to
teach the skills of one or more apprenticeable occupation(s), is registered by a registration entity, and combines 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 as further established 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 are registered pursuant to division 5101:11 of the
Administrative Code 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.
(H)(J) "Cancellation" means the termination
of an apprenticeship program's registration or of an apprenticeship agreement.
(I)(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.
(J)(L) "Chairperson" means chairperson of
the Ohio state apprenticeship council.
(K)(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.
(L)(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.
(M)(O) "Council" means the Ohio state
apprenticeship council.
(N)(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 these
rules 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.
(O)"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
Chapter 5101:11-5 of the Administrative Code.
(P)(R) "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.
(Q)(S) "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)"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)"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.
(R)(V) "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.
(S)(W) "Full registration" means
registration of an apprenticeship program for an indefinite period after its
first year of operation.
(X)"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.
(T)(Y) "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.
(U)(Z) "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.
(V)(AA)"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) "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.
(W)(CC)"Minority" or "minority
group," for purposes of division 5101:11 of the Administrative Code, means
one of four major ethnic racial
groups, namely African American, American Indian
or Alaska Native, Asian, and Hispanic Hawaiian or other Pacific Islander.
(X)(DD)"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.
(Y)(EE)"Occupation course" means
the training provided by an apprenticeship program in a specific apprenticeable
occupation.
(Z)(FF)"Office of apprenticeship"
or "OA" means the United States department of labor office of
apprenticeship.
(AA)(GG)"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.
(BB)(HH)"On-the-job training" means a
structured, systematic program of supervised training provided in the course of
paid work activities.
(CC)(II)"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.
(DD)(JJ)"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.
(EE)(KK)"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.
(FF)(LL)"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) "Qualified" denotes an individual
who, with or without reasonable accommodation, can perform the essential
functions of a given apprenticeship program.
(NN) "Registered apprentice" means an
apprentice as defined within this rule for purposes of division 5101:11 of the
Administrative Code.
(GG)(OO)"Registered program" means a registered an apprenticeship
program as defined within this rule for purposes of
division 5101:11 of the Administrative Code.
(HH)(PP)"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.
(II)(QQ)"Registration entity" means
OA or a registration agency.
(RR) "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.
(JJ)(SS)"Registration of an
apprenticeship agreement" means the registration entity's acceptance and recording thereof, as
documentation of an individual's enrollment in apprenticeship training that is
subject to approved program standards. as
evidence of an apprentice's participation in a particular registered program,
under stipulations established by parts 29 and 30 of 29 C.F.R., and further
established in Ohio under division 5101:11 of the Administrative Code. The
effective date shall be the date approved by the registration entity Registration of the agreement constitutes registration of the
respective apprentice.
(KK)(TT)"Registration of an apprenticeship
program" means the registration entity's acceptance granting and recording of such
program approval for training that is organized
pursuant to accepted program standardsas
complying with the quality and accountability criteria 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, as well as with requirements for approval of such
program for other federal and state purposes.
(UU) "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.
(LL)(VV)"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 self autonomous study; which all are subject to approval by
the registration entity.
(MM)(WW) "Secretary" means the United
States secretary of labor or any person specifically designated by the
secretary of labor to act in the same capacity.
(NN)(XX)"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).
(OO)(YY)"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.
(PP)(ZZ)"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.
(QQ)(AAA) "Technical assistance" means
guidance provided by the registration agency staff 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.
(RR)(BBB) "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.
(SS)(CCC) "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) "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 these
rules, will be determined by council office practice and/or policy.
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: 4139.01
Prior Effective Dates: 10/08/1971, 06/20/1979, 11/23/1998,
03/22/2004, 06/06/2009, 08/07/2014