Apprenticeship Elective Coverage
July 1, 2017
Apprenticeship Elective Coverage policy revised April
Revised September 22, 2017; April 25, 2011. New policy
issued March 28, 2011.
July 1, 2022
A joint apprenticeship
committee or a sponsoring organization may contract with the Ohio Bureau of
Workers’ Compensation (BWC) to provide workers’ compensation coverage for
apprentices, pre-apprentices, entry-level trainees, or journeyperson trainees
who are not considered employees according to ORC 4123.01.
This policy applies to the BWC
Policy Processing Department, joint apprenticeship committees, sponsoring
organizations, and their authorized representatives.
A person at least sixteen (16) years of age, except when a higher minimum age
standard is otherwise fixed by law, who is in a registered apprenticeship
program to learn a skilled occupation pursuant to a registered apprenticeship
agreement. When used in policy section IV below, the term apprentice also
includes entry-level trainees, journeyperson trainees, and pre-apprentices.
agreement: A written agreement, registered with the apprenticeship council,
providing for not less than two thousand (2,000) hours of reasonably continuous
employment, and for participation in an approved schedule of work experience
through employment, which shall be supplemented by a minimum of one hundred
forty-four (144) hours per year of supplemental instruction.
For purposes of this policy employer means a joint apprenticeship committee or
a sponsoring organization.
trainee: A person who possesses experience that would qualify the person as
a journeyperson but for the existence of certain other disqualifying conditions
and who receives on-the-job training accompanied by classroom instruction
outside of normal working hours.
apprenticeship committee: A group consisting of an equal number of employer
representatives and employees represented by a collective bargaining agent
designated by the sponsor to act for it in administering the apprenticeship
program and entering into apprenticeship agreements.
trainee: A person with journeyperson status in a given trade who receives
classroom and laboratory training for the purpose of broadening the person’s
skills and acquainting the person with new techniques and ideas in the trade.
A person who receives formal classroom training designed to provide the person
with the basic education, attitudes, skills, trade knowledge, and motivation
necessary to enter a formal apprenticeship program.
organization: An entity offering, conducting, supervising, or giving
training to apprentices.
instruction: Classroom instruction, workshop training, or on-the-job
average weekly wage (SAWW): The average weekly earnings of all workers in
Ohio as determined annually by the Ohio Department of Jobs and Family Services
(ODJFS). See ORC 4123.62.
and workers’ compensation coverage.
employer may voluntarily contract with BWC for workers’ compensation coverage
for apprentices while those persons are in the performance of related training
execution of a contract with BWC, the persons covered by such contract are
entitled to the same benefits, payable from the state insurance fund, accorded
to employees as defined in ORC 4123.01(A).
employer must submit an Apprenticeship Elective Coverage Contract (U-80) to BWC.
U-80 must be signed by an officer, member, partner, agent, or other designee
having the authority to enter into a contract on behalf of the employer.
U-80 must be signed by the BWC Administrator, or an appointed agent or designee
of the Administrator with authority to enter into the contract.
is effective on the date specified in the Duration of Contract section of the
U-80. If such a date is not specified, coverage is effective on the latest of
the dates listed immediately below:
date the contract is signed by the Administrator,
date the contract is signed by the employer,
The date the employer submits an Application for Ohio Workers’
Compensation Coverage (U-3) satisfying all
BWC requirements (See the Application
for Coverage policy for additional information), or
date the employer remits premium to BWC.
will remain in effect until terminated. See section IV.F below.
C. Payment of
will estimate premium for the employer for each policy year.
from the employer is due and payable prior to BWC extending coverage.
employer may make premium payments in installments. See the Prospective
Billing Installment Payments policy for additional information
regarding installment payment plans, due dates, grace periods and default.
the employer fails to pay premium when due, BWC will lapse the employer’s
coverage. The lapse in coverage will have the same effect as if the U-80 had
been terminated and will continue until the employer remits all premiums due
and payable to BWC.
may cancel the U-80 of an employer who fails to pay premiums when due pursuant
to OAC 4123-17-76.
employer is required to file an annual payroll true-up with BWC at the
conclusion of the policy year. See the Payroll
True-Up policy for additional information.
employer must document and report payroll for all of its apprentices.
defines reportable payroll in accordance with Ohio Department of Job and
Family Services (ODJFS) and Federal Unemployment Tax Authority (FUTA)
employer must record and report payroll for each apprentice according to
National Council on Compensation Insurance (NCCI) manual classifications.
employer must report payroll for apprentices in classroom instruction or
workshop instruction where no physical activity or hands on participation is
performed under NCCI manual classification 9101, College: All Other Employees.
employer must report payroll for apprentices in on-the-job training or workshop
training where physical activity or hands on participation is performed under
NCCI manual classifications based on the apprentices’ documented duties.
The employer must report payroll for apprentices who receive classroom
instruction and perform physical activity under NCCI manual classifications on
a prorated basis. This exception to NCCI standards is permissible under the
employer must report payroll for each apprentice according to the weekly minimum
and maximum payroll reporting limits:
minimum weekly payroll reporting limit is fifty percent (50%) of the SAWW in
the policy year the premium is due.
maximum weekly payroll reporting limit is one hundred fifty percent (150%) of
the SAWW in the policy year the premium is due.
Actual payroll must be reported if the amount falls between the minimum
and maximum payroll reporting limits.
and maintaining records.
employer must keep and maintain current verifiable and accurate records of apprentices
covered under the U-80.
employer must keep an accurate number of the apprentices covered under the U-80
and report the number of apprentices to BWC when required.
employer must maintain during the life of the contract a list of the names,
addresses, and last four digits of the Social Security number of apprentices
engaged in supplemental instruction.
employer must maintain and report payroll records for each individual
apprentice for a period of four years. The four year retention period begins
the date each apprentice completes or otherwise leaves the supplemental
instruction of the employer or the termination date of the U-80, whichever is
employer must release information when requested by BWC either verbally or in
has the right to audit the employer’s records with proper notice in accordance
with BWC policies in effect on the date of notification.
will terminate on the date specified on the U-80.
a date is specified on the U-80, the employer or BWC may terminate coverage on
an earlier date by notifying the other party via US certified mail.
no date is specified on the U-80, the employer or BWC may terminate coverage by
notifying the other party via US certified mail.
terminate coverage either the employer or BWC must notify the other party in
writing via US certified mail.
employer must send the termination notice to BWC at the following address:
of Workers’ Compensation
30 W. Spring
St., 22nd Floor
Columbus, OH 43215
will take effect on the date specified in the written notification, but not
prior to the date said notification is received by the other party.
amendments and complaint resolution.
amendments or modifications to the U-80 must be made in writing. BWC and the
employer must sign the written amendment and a copy of the amendment must be
filed with BWC.
employer may file a complaint due to BWC’s decision including, but not limited
to, a denial or termination of the U-80.
complaints should be processed under the General
Employer Complaint Policy. BWC has not identified any specific
extenuating circumstances that apply to Apprenticeship Elective Coverage.
electrical contractor is having difficulty hiring experienced electricians so
it establishes its own “apprenticeship” program for new hires. The contractor
submits a U-80 to BWC to cover these “apprentices.”
The contractor is not eligible for apprenticeship elective coverage. Only a
joint apprenticeship committee or a sponsoring organization offering supplemental
instruction may obtain apprenticeship elective coverage. The new hires of the
electrical contractor are employees and must be treated as such for workers’
individual is enrolled in an approved apprenticeship program and works two days
a week for a plumbing and heating company. Who reports payroll?
The plumbing and heating company must report the individual’s payroll for the
two days per week he/she works for the company. The joint apprenticeship
committee or sponsoring organization administering the apprenticeship program
may elect to cover the apprentice by submitting a U-80 to BWC.
joint apprenticeship committee has an approved U-80 with BWC. One of the
apprentices is provided a lodging stipend, transportation to/from the lodging
and the school, and a noon time meal on class days. What does the joint
apprenticeship committee report as payroll?
The joint apprenticeship committee must report as payroll the cost of the
lodging stipend and the fair and equitable cost of the transportation and meals
provided to the apprentice. The payroll is subject to the minimum and maximum
limits outlined in section IV.D.5 above.
sponsoring organization has an approved U-80 with BWC. The sponsoring
organization has instructors and assistant instructors who teach apprentices. Can
the sponsoring organization cover its instructors and assistant instructors for
workers’ compensation under the U-80?
a sponsoring organization may only elect to cover apprentices, pre-apprentices,
entry-level trainees, and journeyperson trainees for workers’ compensation
under a U-80 with BWC. Instructors and assistant instructors are either
employees of the sponsoring organization, or they may be independent
contractors. If they are employees, the sponsoring organization must report
their payroll and the minimum and maximum payroll reporting limits do not