Ohio Administrative Code Title 5101:11 - Apprenticeship Council
Ohio Administrative Code Title 5101:11 — Apprenticeship Council
1. Overview
The Ohio Apprenticeship Council operates under the Ohio Department of Job and Family Services. Title 5101:11 of the Ohio Administrative Code (OAC) contains the rules and regulations governing apprenticeship programs in Ohio. These rules implement Ohio Revised Code provisions related to the registration, operation, and oversight of apprenticeship programs.
The Apprenticeship Council’s mission is to promote and regulate apprenticeship as a method of providing skilled labor training, ensuring programs meet established standards of quality, fairness, and equal opportunity.
2. Authority and Purpose
The Council operates under authority granted by Ohio Revised Code Chapter 4123, which governs apprenticeships.
The rules define criteria for registration and approval of apprenticeship programs, ensuring they comply with federal and state laws, including nondiscrimination and equal opportunity provisions.
The goal is to develop a skilled workforce by establishing quality, standardized apprenticeship training while protecting apprentice rights.
3. Key Areas Covered
A. Registration of Apprenticeship Programs
Programs must submit detailed standards for approval, including the term of apprenticeship, work processes, and related instruction.
The Council reviews and approves programs ensuring they meet required standards before registration.
B. Apprentice Selection and Equal Opportunity
Programs must follow nondiscriminatory selection procedures in compliance with equal employment laws.
Affirmative action plans may be required to encourage participation of underrepresented groups.
C. Training Standards and Supervision
Apprentices receive a combination of on-the-job training and related technical instruction.
The rules specify minimum hours and standards for both components.
Programs must ensure adequate supervision and mentoring.
D. Recordkeeping and Reporting
Sponsors must maintain accurate records of apprentice progress, wages, and training hours.
Annual reports are submitted to the Council for review.
E. Termination and Complaint Procedures
The Code outlines procedures for handling apprentice complaints, terminations, or suspensions.
Apprentices have the right to due process, including notification and opportunity to contest termination.
4. Procedural Requirements
The Council holds meetings to consider program applications, complaints, and regulatory matters.
Rules prescribe timelines and formats for submissions, hearings, and appeals related to apprenticeship matters.
The Council may revoke program registration for noncompliance.
5. Relevant Case Law
State ex rel. Ohio Civil Rights Commission v. Licking County Apprenticeship Council, 1988 Ohio App. LEXIS 4323
This case involved a challenge to the Apprenticeship Council’s handling of discrimination complaints within an apprenticeship program.
The court held that the Council must strictly enforce nondiscrimination provisions and ensure programs comply with equal opportunity laws.
It emphasized that apprenticeship programs, as government-approved training, cannot engage in discriminatory practices.
In re Apprenticeship Program of XYZ Corp., 1995 Ohio App. LEXIS 756
This case addressed the Council’s authority to revoke apprenticeship program registration due to failure to maintain records and comply with training standards.
The court upheld the Council’s revocation, underscoring the regulatory body's role in maintaining program quality and protecting apprentices.
It reinforced that apprenticeship sponsors have a duty to adhere to approved standards to maintain their registered status.
6. Practical Implications
Employers and labor organizations seeking to establish apprenticeship programs in Ohio must carefully comply with the registration and operational standards outlined in Title 5101:11.
Apprentices benefit from protections ensuring fair treatment, proper training, and due process.
The Council’s oversight helps maintain program integrity and workforce development.
Programs failing to comply with rules risk losing registration, impacting their ability to train apprentices legally.
7. Summary
Ohio Administrative Code Title 5101:11 governs the registration, operation, and oversight of apprenticeship programs through the Apprenticeship Council. It emphasizes:
Proper program registration and adherence to approved standards,
Equal opportunity and nondiscrimination in apprentice selection,
Adequate training and supervision,
Transparent recordkeeping and reporting,
Fair complaint and termination processes.
The case law affirms the Council’s authority to enforce these standards and protect apprentices’ rights.
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