Youngstown Daily Legal News

Bill would align state laws with federal standards

TIFFANY L. PARKS
Special to the Legal News
Published: June 5, 2012

Initiatives that would revise state statute governing Ohio’s registered apprenticeship program have now landed in both chambers of the Ohio General Assembly.

Like its companion bill in the Senate, House Bill 541 would change the minimum age at which an individual may be an apprentice to account for situations where a minimum age standard higher than 16 years old is required by law.

The bill is jointly sponsored by Reps. Christina Hagan, R-Alliance, and Robert Sprague, R-Findlay. The proposed legislation is a companion measure to Senate Bill 316, sponsored by Sen. Peggy Lehner, R-Kettering.

Hagan said HB 541 was drafted to align Ohio’s apprenticeship statutory language with federal statutory language to ensure continued Workforce Investment Act funding to the state’s apprenticeship programs.

Every five years, all states must reapply to the U.S. Department of Labor for recertification of an apprenticeship program.

“The most recent recertification with the Department of Labor indicated that Ohio’s statutory code is not harmonizing with federal statutory code,” Hagan said.

HB 541 would establish administrative changes to Ohio’s apprenticeship statutes by better defining the age of an apprentice and the roles of the Ohio Apprenticeship Council.

The bill is looking to increase the minimum age at which an individual may be an apprentice for the purpose of having a registered apprenticeship program to include an individual above the age of 16 when a higher minimum age is fixed by law.

“Additionally, this language would require a participant in a registered apprenticeship program to learn a skilled occupation, pursuant to a registered apprenticeship agreement, rather than being covered under by an agreement under current law, to be considered an apprentice,” Hagan said.

Under the bill, the state’s apprenticeship council will be authorized to recommend, not establish as it is in current law, minimum standards for apprenticeship programs, and recommend, not issue, any rules necessary to carry out the law.

The measure also would eliminate the council’s power to terminate registered apprenticeship agreements that are not in compliance with applicable standards and instead require the council to make such terminations in consultation with its executive secretary.

Hagan said the bill would separate the executive secretary from the apprenticeship council.

“The director of Job and Family Services will continue to appoint the executive secretary and that appointment is subject to confirmation by a majority of the council,” she said, adding that the executive secretary would be placed in a new council office within ODJFS to staff the council and perform the administrative and oversight functions concerning Ohio’s registered apprenticeship system.

“These duties were originally performed by the council itself.”

If signed into law, HB 541 would revise the duties of the executive secretary.

“The executive secretary would no longer issue certificates of completion of apprenticeship in accordance with the council’s standards which ... would be replaced by federal standards,” Hagan said.

The bill states that the executive secretary would continue all other duties in addition to implementing administrative rules adopted by the director.

The executive secretary would be tasked with devising and implementing all procedures and minimum standards for the administration of the registered apprenticeship system.

“Registered apprenticeships are a workforce development strategy that teaches and improves skills while enhancing efficiency and productivity,” Sprague said.

The state’s apprenticeship system has more than 12,000 registered apprentices and more than 1,000 registered program sponsors.

“As Ohio faces critical shortages of skilled workers, apprenticeship programs are one link to help fill the employment gap,” Sprague said.

“If an Ohioan begins with an apprenticeship program, they can expect skill development and training in high demand industries such as health care, biotechnology, advanced manufacturing and information technology.”

Sprague said the apprenticeship system retention rate for Ohio is more than 79 percent and noted that the average starting wage for an Ohioan is $13.22.

In order for Ohio to continue to receive “vital” WIA funding, Sprague said the proposed legislation must be signed into law.

“... HB 541 will place Ohio back in line with federal statute,” he said.

HB 541 is co-sponsored by Reps. John Adams, R-Sidney, Nan Baker, R-Westlake, Timothy Derickson, R-Springboro, Robert Hackett, R-London, Craig Newbold, R-Columbiana, Lynn Wachtmann, R-Napoleon, and Nancy Garland, D-New Albany.

The bill is before the House Economic and Small Business Development committee.

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