(A)
Filing of
complaints. A complaint alleging non-compliance with any rule under division
5101:11 of the Administrative Code, may be submitted to the council office by
an apprentice or his/her authorized representative. To qualify for council
office action, the complaint will need to meet the criteria stated in the
public notice of complaint procedure, as described by paragraph (B) of this
rule.
(B)
Public notice of complaint procedures. Each sponsor is
to provide written notice of the complaint procedures described in this rule.
The notice is to be: provided along with any forms used in applications for
apprenticeship; displayed in prominent, publicly available locations where all
apprentices will see it; and in every feasible way made familiar to people
involved or interested in the program. The notice is to contain the following
specific wording:
"Your Right to File a Complaint.
Registered Apprenticeship programs shall abide by all state rules in division
5101:11 of the Administrative Code. Under these rules and other legal codes,
discrimination is prohibited against an apprenticeship applicant or apprentice
based on Hispanic ethnicity, race, color, religion, national origin, sex
(including pregnancy and gender identity), sexual orientation, age over forty
years, genetic information, or disability. Registered program sponsors and
employers shall ensure equal opportunity (EEO) with regard to all terms,
conditions, and privileges associated with apprenticeship. If you think that
you have been subjected to, or have observed, any violation of state
apprenticeship rules, you may file a complaint with the apprenticeship council
office of the Ohio department of job and family services, care of [INSERT THE
NAME, OFFICE &/OR E-MAIL ADDRESS, AND PHONE NUMBER OF THE COUNCIL OFFICE
EMPLOYEE WHO IS RESPONSIBLE FOR RECEIVING COMPLAINTS]. To qualify for council
office review and response, the complaint is to meet the following
criteria:"
(1)
"The following deadlines apply:
(a)
In matters
concerning EEO, the complaint generally is to be filed with the council office
no later than one hundred eighty days from the date of the latest alleged
violation. The deadline may be extended by the council office for good cause
shown. The designation of this time frame for filing is for the council
office's administrative convenience and does not create a defense for the
respondent against whom the complaint is lodged.
(b)
In matters not
concerning EEO, the complaint is to be submitted to the council office between
one and sixty days after final completion of all complaint resolution and
appeals procedures that are available under the program standards and, if
applicable, a collective bargaining agreement."
(2)
"The complaint
may be submitted as a written, printed, or typed paper document; as the text of
an e-message; or as an e-mail attachment. It is to include the following
information:
(a)
The complainant's name, and reliable contact
information including as many of the following as possible: address, e-mail
address, and telephone number;
(b)
A statement of
whether the complainant him/herself was affected by the violation, and if
applicable, the count (one or higher) of any other person(s) thought to be
affected;
(c)
In what capacity such individual(s) would have been
affected (e.g., as active apprentice(s), apprenticeship applicant(s),
etc.)
(d)
The name, business address, and telephone number of the
program in which the violation allegedly occurred;
(e)
A short
description of the alleged violation(s), including as much of the following as
possible: a concise account of each action perceived as violating a state rule;
the date, time, and place at which it occurred; the name (if available) and
role (e.g., program director, work manager, instructor, etc.) of anyone who
committed the action; and why the complainant believes that it constituted a
violation. A complaint concerning EEO will need to specify which factor(s)
among the following, formed the alleged basis of discrimination: race, color,
Hispanic ethnicity, religion, sex, sexual orientation, national origin, age
over forty years, genetic information, or disability;"
(3)
"The
complaint document needs to bear the signature of the complainant or his/her
authorized representative. If the document is filed by e-mail message or
attachment, the signature is to be incorporated to the text of the complaint,
for instance by means of screen shot, PDF, or other image medium."
(C)
Complaint investigations. Upon receiving a complaint
that conforms to the requirements of paragraph (B) of this rule and that
suggests a violation under division 5101:11 of the Administrative Code, the
council office will:
(1)
Provide written notice to the complainant,
acknowledging receipt of the document;
(2)
Contact the
complainant, if necessary, for information that clarifies the nature of the
complaint and/or whether it warrants investigation;
(3)
Conduct a
thorough investigation to determine the accuracy of the complaint and whether
the sponsor has violated any pertinent rule(s) under division 5101:11 of the
Administrative Code.
(D)
The identity of a
complainant and of anyone assisting in a complaint investigation, will only be
divulged outside of council office staff upon prior notification of and
permission from the person in question, apart from such exception(s) as the
office deems necessary to enforce the rules under division 5101:11 of the
Administrative Code.
Replaces: 5101:11-6-02
Notes
Ohio Admin. Code 5101:11-7-02
Effective:
10/1/2020
Five Year Review (FYR) Dates:
10/01/2025
Promulgated
Under: 119.03
Statutory
Authority: 4139.03
Rule
Amplifies: 4139.03,
4139.05
Prior
Effective Dates: 10/08/1971, 10/13/1978, 11/23/1998, 03/22/2004, 06/06/2009,
08/07/2014
