Ohio Adm.Code 5101:11 | Ohio Administrative Code 5101:11 — Department of Job and Family Services | Apprenticeship Council

Chapter 5101:11-1 Definitions

Ohio Adm.Code 5101:11-1-01 Definitions.

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 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 of the Administrative Code 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 of the Administrative Code and that constitutes an exception to the regular selection procedure for the respective occupation course.

(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.

(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.

(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.

(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 of the Administrative Code.

(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.

(Z) "Full registration" means registration of an apprenticeship program for an indefinite period after its first year of operation.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(HH) "Occupation course" means the training provided by an apprenticeship program in a specific apprenticeable occupation.

(II) "Office of apprenticeship" or "OA" means the United States department of labor office of apprenticeship.

(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.

(KK) "On-the-job training" means a structured, systematic program of supervised training provided in the course of paid work activities.

(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.

(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.

(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.

(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.

(PP) "Qualified" denotes an individual who, with or without reasonable accommodation, can perform the essential functions of a given apprenticeship program.

(QQ) "Registered apprentice" means an apprentice as defined within this rule for purposes of division 5101:11 of the Administrative Code.

(RR) "Registered program" means an apprenticeship program as defined within this rule for purposes of division 5101:11 of the Administrative Code.

(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.

(TT) "Registration entity" means OA or a registration agency.

(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.

(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.

(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.

(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.

(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.

(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.

(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).

(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.

(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.

(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.

(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.

(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).

(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.

Last updated September 2, 2026 at 11:13 AM

History

Effective: October 30, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:11-4-01

(A) All methods leading to the selection of applicants for apprenticeship, and all procedures for direct interview or direct entry under paragraphs (G) and (H) of this rule, are subject to approval by the council office. They must be equitable in nature and shall be applied consistently and fairly.

(B) The standards shall for each occupation course, stipulate a selection procedure conforming to one and only one of the four models described separately in paragraphs (D)(2), (D)(3), (E), and (F) of this rule. The standards shall describe the selection procedure in detail. A program, regardless of enrollment, may apply a single selection model for multiple occupation courses, provided that it uses selection criteria that are valid for each of them. The standards may provide for exceptions to the selection procedure for any specified occupation course(s), so as to allow enrollment of apprentices through one or more of the direct-interview and direct-entry provisions described in paragraphs (G) and (H) of this rule, subject to the conditions stated in paragraph (I) of this rule.

(C) All criteria for selection, as well as all assessment methods and score thresholds, are to bear a statistically significant relationship to the performance expected of apprentices in the program. The sponsor will demonstrate this relationship using the methods set forth in 41 C.F.R. 60-3 (as in effect on 8/1/2022), regarding non-discriminatory selection procedures. Every procedure for selection, direct interview, or direct entry is to meet the following requirements:

(1) The procedure is to comply with "Uniform Guidelines on Employee Selection Procedures" (UGESP), 41 C.F.R. part 60-3, including requirements to evaluate its impact on participation by race, sex, ethnicity, and disability.

(2) The procedure will not screen out or tend to screen out applicants with disabilities, unless it does so strictly on the basis of eligibility to work in the occupation(s) involved. Accordingly, the procedure will comply with the following legal codes:

(a) Title I of the ADA (as in effect on 8/1/2022); and

(b) EEOC's implementing regulations at part 1630 (as in effect on 8/1/2022).

(3) The procedure is to have neutral impact on course participation in terms of Hispanic ethnicity, race, color, religion, national origin, sex, sexual orientation, age over forty years, genetic information, and disability.

(4) The procedure is to be uniformly and consistently applied to all applicants and apprentices.

(D) Selection from an open "eligibility pool." A program may select apprentices from a pool of applicants not limited to current employees of the sponsor or its affiliate(s), provided that the pool is created in accordance with the requirements of paragraph (D)(1) of this rule, and that for each occupation course, applicants in the pool will be chosen for enrollment through one and only one of two methods: by random selection or rank, described respectively in paragraphs (D)(2) and (D)(3) of this rule.

(1) Creation of the pool:

(a) Qualifications for the pool. The standards shall state in detail the qualification criteria for admission to the pool, and the process leading to their adoption by the sponsor. The standards shall also provide an assessment system to be used in scoring applicants' conformity with these criteria, and shall state the minimal satisfactory score (i.e., threshold) relating to each criterion, such that non-attainment disqualifies an applicant from admission to the pool.

(i) Examples. Qualification criteria may, but need not, include results from one or more of the following: aptitude tests, school courses, general educational development (GED), occupationally relevant health exams, and work experience.

(ii) Oral interviews. Applicants shall not receive oral interviews before admission to an eligibility pool. However, interview results may be used as a basis for removing a candidate from the pool and/or as a factor, supplementing assessment scores, in ranking an applicant's eligibility for selection. If included in the selection procedure, interviews must be limited to objective questions and shall not relate to qualifications already assessed for admission to the pool. For each applicant, the interviewer shall record the question(s) asked and summarize the answer(s) and any resulting conclusions about fitness for the program.

(b) Application process. A program using a pool procedure is to allow two weeks or longer for each period of accepting applications. The sponsor shall give public notice of the application period at least thirty days before it starts.

(c) Admission to the pool. Everyone who follows the required process for submitting an application during an announced application period, shall be assessed for admission to the pool in the manner described by the standards. Everyone who meets or exceeds the threshold score(s) in the assessment, shall be admitted to the pool, named on a "list of eligibles," subject to selection under paragraph (D)(2) or (D)(3) of this rule, and notified of his/her admission. Each applicant who fails to meet the threshold or is found unfit for the program based on results of an oral interview, shall receive notice of rejection from the pool, stating the reasons for this action, the requirements for admission, and the appeal rights available to the applicant.

(d) Retention in the pool. With the following exception, each applicant who is admitted to an eligibility pool, and where applicable, retained based on an interview, shall remain in the pool, subject to selection, for the next two years. The exception is that an applicant may be removed from the pool at his/her request or for failure to answer an enrollment notice that is sent by certified mail with return receipt requested. He/she may be re-admitted at the sponsor's discretion within the two-year period. Applicants selected for enrollment shall be afforded a period that is reasonable in light of industry customs and practices, to start work in the program. All applicants shall be treated equally in determining such period. The applicant shall be responsible for keeping the sponsor informed of his/her current mailing address.

(2) Random selection. If applicants in the pool are chosen at random for enrollment, the selection shall be supervised by some impartial person or persons designated by the sponsor but not associated with the administration of the program. The time and place of the selection, and the number of apprentices to be selected, shall be publicly announced. The selection proceedings shall be open to all applicants and the public. The names of apprentices drawn by this method shall be posted at the program sponsor's place of business, immediately following the selection.

(3) Selection on the basis of rank. Where pool members are chosen for enrollment based on rank, they shall be selected in descending order on the scale of eligibility, as determined by assessment scores and, where applicable, the supplementary factor of interview results. The standards of any program using this procedure shall explain the ranking formula, specifying the qualification criteri(on/a) involved and the manner in which scores will be converted to applicant rankings.

(E) Selection from current employees. A program may select apprentices from workers already employed by the sponsor or its affiliate(s), in a manner prescribed by a collective bargaining agreement where such exists, or by the sponsor's established promotion policy, provided that the selection procedure is described in the program standards and is determined by the council office to be fair, impartial, and equitable.

(F) Alternative selection procedure. A sponsor may select apprentices by means of a procedure that does not limit applications to existing employees and does not involve preliminary admission to an eligibility pool, provided that it is based on objective and specific selection criteria and meets the affirmative action plan requirements of Chapter 5101:11-6 of the Administrative Code. Acceptable selection criteria include but are not limited to the qualification measures listed in paragraph (C)(1)(a)(i) of this rule (regarding eligibility pools), as well as the results of oral interviews. If interviews are used, they shall comprise a consistent set of questions. For every interview, an adequate record shall be kept, stating conclusions about the applicant's conformity to each of these criteria and summarizing the overall discussion.

(G) A program registered by the council office may exercise an exception to its selection procedure for one or more occupation course(s), in order to directly enroll each applicant who meets a specific direct-entry criterion of a program that is registered by the United States department of labor office of apprenticeship (OA) and that is identified by the sponsor. The sponsor may, but need not be, affiliated with the organization that operates the cited OA-registered program. All direct-entry procedures are subject to the conditions defined in paragraph (I) of this rule.

(H) For one or more occupation course(s) using an eligibility pool selection procedure under paragraph (D) of this rule, a program registered by the council office may exercise an exception to the pool admission process, and proceed directly to the interview stage of selection ("direct interview"), for each applicant who meets a specific direct-interview criterion for an OA-registered apprenticeship program that is identified by the sponsor. The sponsor may, but need not be, affiliated with the organization that operates the cited OA-registered program. All direct-interview procedures are subject to the conditions defined in paragraph (I) of this rule.

(I) All exceptional procedures under paragraphs (G) and (H) of this rule, are subject to approval by the council office. A separate exceptional procedure is defined by each applicant criterion. An occupational course may employ more than one such procedure for a given occupational course. For each direct-entry and direct-interview procedure, the respective program standards will include a description specifying the respective occupation course; the methods to be used for documenting adherence to paragraph (I) of this rule; the criterion of individual eligibility for receiving the exception; the documentation that will verify eligibility; the means by which documentation will be obtained; a process for notifying the public and every applicant about the exception option; the process for applicants to request the option; and the specific OA-registered occupation course, if any, that serves as a model for the direct-entry or direct-interview procedure. The respective occupation course is subject to the following conditions:

(1) An exceptional procedure is only to be used as a remedy for under-enrollment. It may only be initiated when the regular selection procedure renders an insufficient number of enrollments to fill available openings in the respective occupation course during a period to be designated as an "application interval." This period is equal to one full selection cycle, except that for an occupation course with a continual selection cycle, the interval will be three consecutive calendar months. A shorter or longer application interval than the one so defined, may be approved by the council office. For purposes of this rule, a continual selection cycle pertains to any occupation course that plans under its program standards to accept applications at least once a month and to process them for program enrollment more often than once every three months.

(2) The regular selection procedure is not to be discontinued, nor undergo any reduction of administrative effort or resources, as a result of using one or more exceptional procedure(s). At every application interval subsequent to initiating the exception, the sponsor will determine whether the regular selection procedure has rendered enough enrollments for openings in the respective occupation course, in which case the use of all exceptional procedures will be suspended in that course until another full application interval renders insufficient enrollments for the course.

(3) The sponsor will notify the council office upon each initiation and suspension of an exceptional procedure, and for each application cycle(s) during which it is in use, will document the number of apprenticeship openings, the number of enrollments achieved through the regular selection procedure, and the number achieved through each exceptional procedure.

(4) Each person enrolled through the use of direct interview or direct entry, will be evaluated for eligibility to receive advanced credit toward on-the-job training (OJT) and related instruction, in the manner described in approved standards for the respective occupation course. Subsequent retention in the course will be conditional on eligibility for a sufficient amount of credit, lacking which the individual will be removed from the program pending re-application and enrollment through the regular selection procedure. In such cases, each re-application will be processed in the order appropriate to its filing date. Sufficient credit and the filing date of re-applications will be determined by the following provisions:

(a) For an exceptional procedure in which the applicant criterion does not include specific amounts of relevant prior experience or training, any amount of advanced credit is sufficient for retention. In the event of removal for lack of credit, the re-application date will be the same as that of the existing exception-based application.

(b) For an exceptional procedure in which the applicant criterion includes specific amounts of relevant prior experience or training, sufficient credit for retention in the occupation course will comprise an amount commensurate with those criteria. In the event of insufficiency, the re-application will be dated as of when a new application is filed.

(5) No person whose current application or re-application was processed pursuant to an exceptional procedure, will be accepted for the relevant enrollment or eligibility pool, prior to anyone who at that time had qualified for acceptance through the regular selection procedure. Individuals will be accepted in the order by which they are found to be qualified, rather than the order in which their applications are processed.

(J) The program sponsor shall give each applicant who is not selected for the program, notice of his or her non-selection, including the reason(s) for the non-selection, the requirements for selection, and the appeal rights available to the applicant.

(K) The sponsor may revise a selection and/or exceptional procedure, but may not implement the revised procedure until the council office has approved it as being compatible with the equal opportunity requirements under division 5101:11 of the Administrative Code.

Last updated October 31, 2022 at 9:07 AM

History

Effective: October 30, 2022
Promulgated Under: 119.03

Ohio Adm.Code 5101:11-3-02

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.

(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.

(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.

(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).

(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)(5)(a) and (A)(5)(b) of this rule; and the standards shall specify how each goal contributes to a progression step and to completion of training.

(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.

(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.

(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.

(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) 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 individual enrolled in the program, an apprenticeship agreement will be signed by the sponsor's authorized representative and by the apprentice and, if the apprentice is a minor, by his/her legal guardian. The sponsor shall retain a copy of the document for five years following 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.

(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. 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 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).

(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;

(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 the rules in Chapter 5101:11-6 of the Administrative Code, including all data and analyses developed under the requirements of that chapter;

(h) Evidence that 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 made available upon request to the council office, the United States department of labor, or other authorized entity, 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 any rule under division 5101:11 of the Administrative Code shall 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;

(2) In program standards, any special provision for veterans, or for minority, female, Hispanic, or disabled individuals; or

(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.

History

Effective: October 1, 2020
Promulgated Under: 119.03

Chapter 5101:11-2 Administration

Ohio Adm.Code 5101:11-2-01 Ohio state apprenticeship council and the council office.

(A) The Ohio state apprenticeship council shall guide the administration of Ohio's registered apprenticeship system. Its purposes and functions include the following:

(1) To develop state-level administrative policies that ensure the safety and quality of registered apprenticeship training and recognized pre-apprenticeship, and that address, as warranted, the related needs of Ohio's businesses, labor, and communities;

(2) To recommend additions and/or changes to state rules concerning registered apprenticeship, as authorized under sections 4139.01 to 4139.06 of the Revised Code;

(3) To provide technical and professional guidance for identifying and promoting best practices in registered apprenticeship and recognized pre-apprenticeship; and

(4) To monitor and advise the council office regarding effective performance of that office's assigned functions.

(B) The council shall establish its own rules of procedure and the dates and places of its meetings.

(C) The council office shall have the authority to implement rules under division 5101:11 of the Administrative Code, affecting the registration, performance, and legal compliance of apprenticeship programs.

(D) The purposes and functions of the council office include the following:

(1) To assist the council in developing administrative policies and state rules regarding registered apprenticeship programs and recognized pre-apprenticeship;

(2) To enforce the policies of the council and the requirements established by parts 29 and 30 of 29 C.F.R. (as in effect on 5/1/2020), and further established under division 5101:11 of the Administrative Code, variously regarding registered apprenticeship and recognized pre-apprenticeship programs;

(3) To award certificates of program registration, active apprentice status, apprenticeship completion, and recognized pre-apprenticeship, as well as interim credentials;

(4) To resolve conflicts and complaints that arise between parties to a registered apprenticeship agreement, where such matters remain in dispute after being fully addressed by local entities charged with this function under the relevant program standards;

(5) To promote maximum effectiveness in registered programs by providing technical assistance to current sponsors and apprentices and encouraging information sharing among stakeholders in the registered apprenticeship system;

(6) To promote the establishment of registered apprenticeship programs, enrollment in such programs, and public awareness about the nature and benefits of registered apprenticeship;

(7) To promote the establishment of recognized pre-apprenticeship programs, enrollment in such programs, and partnerships to facilitate preparation for, and success in, registered apprenticeship; and

(8) To collaborate with all other interested state and federal governmental agencies in the fulfillment of these functions.

(E) The council office shall review, and at its discretion approve, new and revised program standards, apprenticeship agreements, and changes in the status of apprentices; conduct regular compliance reviews of provisionally and fully registered programs; and take such administrative actions as may be necessary, including but not limited to de-registration, to carry out the purposes and functions defined in paragraphs (A) to (D) of this rule.

(F) The council office will provide thorough and current information to the general public regarding registered apprenticeship and the rules contained in division 5101:11 of the Administrative Code. In so doing, it will use all appropriate means, including but not limited to its web-site and publications, and outreach by its field staff.

(G) The council office shall keep adequate records concerning registration requirements, approved program standards, apprentice registration, de-registration actions, compliance reviews and investigations, and any other matters stipulated by the United States department of labor, pertinent to programs' compliance with the requirements of division 5101:11 of the Administrative Code.

Last updated September 2, 2026 at 11:13 AM

History

Effective: October 1, 2020
Promulgated Under: 119.03

Ohio Adm.Code 5101:11-2-02 Procedure for notice of public meetings.

(A) The council shall approve a schedule of regular meetings for the calendar year.

(B) As provided for in division (F) of section 121.22 of the Revised Code, the council shall give notice of all public meetings that it calls, whether special or regularly scheduled.

(C) Such notice shall be filed with the director of the Ohio department of job and family services, stating the meeting time, place, and purpose. The same information regarding public meetings shall be posted at the council office web site (https://apprentice.ohio.gov/council/).

(D) The public meeting notices prescribed in paragraph (C) of this rule, will be posted at the council office web site with the following lead intervals: seven days for a meeting that is regularly scheduled, twenty-four hours for one that is specially called, and immediately upon arrangement of an emergency meeting.

Last updated September 2, 2026 at 11:13 AM

History

Effective: October 5, 2023
Promulgated Under: 119.03

Chapter 5101:11-3 Program Requirements and Procedures

Ohio Adm.Code 5101:11-3-01 Procedures for program registration and subsequent program changes.

(A) To be eligible for program registration, a sponsor must have a physical presence in Ohio and either be incorporated in the state or have operated in Ohio for at least twelve months. This provision shall not be interpreted to preclude any employer from joining an existing apprenticeship program. The applicant must have resources to carry out the functions of a registered sponsor, including but not limited to related instruction, on-the-job training, administrative duties, and record keeping.

(B) To have legal effect, program registration and changes in registered programs must be approved by the council office in keeping with the following procedures:

(1) Each applicant for program registration must submit a set of program standards to the council office, in the form of an organized, written plan embodying the terms and conditions of employment, training, and supervision in one or more apprenticeable occupation(s) which the standards shall identify in terms of the registered apprenticeship coding system.

(2) Additionally, the standards shall provide:

(a) The name of the registration entity to which the sponsor has applied for approval; and

(b) The name and address of the organization sponsoring the program and the name, address, phone number, and signature of the sponsor's authorized representative.

(3) The standards shall include language demonstrating in detail the program's conformity with each requirement of rule 5101:11-3-02 of the Administrative Code, and specifying, where applicable, any differences among occupation courses within the program.

(4) Where the proposed standards, a collective bargaining agreement, or other instrument provide for a local union to participate in operating a program, the program's registration shall be subject to that local union's agreement or lack of objection, which shall be communicated to the council office in writing along with the standards document. Where a local union is the collective bargaining agent of the employee(s) to be trained, but is not expected to participate in operating the program, the sponsor shall provide the local union a copy of its proposed standards; shall allow forty-five days for receipt of local union comments, if any, before submitting the document to the council office; and shall append to the standards any comment(s) received in the process and an attestation that the provisions of this paragraph have been observed.

(5) The council office shall grant provisional registration to a program submitting standards in the prescribed manner, if such standards meet the requirements of division 5101:11 of the Administrative Code.

(a) Provisional registration shall be effective for one year. At the end of that period, the council office shall perform a compliance review of the program. Using procedures described in rule 5101:11-7-01 of the Administrative Code, the review shall assess conformity with the program's approved standards and all requirements for registered programs, as described in division 5101:11 of the Administrative Code, and will ascertain the need for an affirmative action plan and whether a demographic deficiency exists in terms defined in paragraph (B) of rule 5101:11-6-02 of the Administrative Code. A program found to meet the criteria of this review shall, at the council office's discretion, either receive full registration or remain in provisional status through its first full training cycle.

(b) At the end of its first full training cycle, each registered program shall receive another compliance review. Any program still provisionally registered at that point, shall become fully registered if the results of this review are satisfactory.

(c) If a one-year or first-cycle review finds that a program is either not operational or not complying with the requirements of division 5101:11 of the Administrative Code, the council office shall de-register the program.

(6) The council office shall create an official record of every provisional and full registration. In the case of provisional registration, the council office will provide the respective sponsor with confirmation of program approval by means of a certificate or other written statement.

(7) Any proposal by a sponsor to change an aspect of its program that is governed by division 5101:11 of the Administrative Code, shall be promptly submitted to the council office for review. Within ninety days of receiving the proposal, the council office will determine whether to approve the change. If approved, the change will be recorded as an amendment to the program standards. If not approved, the sponsor will be notified of the disapproval and the reasons therefore and will be given the appropriate technical assistance.

History

Effective: October 1, 2020
Promulgated Under: 119.03