Central Pennsylvania Workforce Development Corporation. Policy and Procedures for: WORKFORCE INNOVATION AND OPPORTUNITY ACT ON-THE-JOB TRAINING (OJT)

Transcription

1 Central Pennsylvania Workforce Development Corporation Policy and Procedures for: WORKFORCE INNOVATION AND OPPORTUNITY ACT ON-THE-JOB TRAINING (OJT) For Title I Adult, Dislocated Worker, and Out-of-School Youth Participants and Department of Human Services EARN Participants Including Co-Enrolled Participants EFFECTIVE JANUARY 5, 2018

2 Table of Contents On-the-Job Training (OJT) Overview... 3 Participant Emphasis... 3 Employer Emphasis... 3 Employer Eligibility... 3 Occupational Qualifications... 5 Participant Eligibility... 5 Co-Enrollment... 7 Nepotism/Conflict of Interest... 7 Job Matching... 8 Training Plan... 9 Length of Training Wages Employer Reimbursement OJT Contracts OJT Contract Packet OJT Contract Approval Process Reimbursement and Progress Reporting Contract Modifications Termination or Cancellation of Contract Case Management OJT Employee Communications OJT Employer Communications Monitoring Addendum A ADA Compliance Guide PA CareerLink is a registered trademark of the Pennsylvania Department of Labor and Industry. WorkKeys is a registered trademark of ACT, Inc. CPWDC OJT Policy Revised January 2018 Page 2 of 20

3 On-the-Job Training (OJT) Overview The Workforce Innovation and Opportunity Act (WIOA) authorizes Training Services and identifies Onthe-Job Training (OJT) as a key strategy to provide training to eligible individuals. An OJT is one of the best job training methods because it focuses on a worker s acquisition of skills within the normal work environment. The OJT arrangement is an investment that the local workforce development system is making in both the employee and the employer. Through OJTs, workers can acquire both general skills that transfer from one job to another and specific skills unique to a particular job using specific tools, equipment and facilities of a local employer. OJT benefits both the job seeker and the business. OJTs planned and organized by the Business Service Team (BST) at the PA CareerLink offer an opportunity to build strong working relationships to ensure that current and future job needs are promptly addressed. In the development of an OJT, PA CareerLink staff must be mindful of the needs of the trainee and the employer in order to forge a training plan that represents the best interest of each party. Participant Emphasis An OJT gives the individual an opportunity to acquire the required job-specific skills and knowledge through a specialized training plan while receiving the same wages and benefits as current employees in the same or similar position. An OJT may be a preferred training program for individuals who already possess some but not all required job-related skills and are making career changes or are re-entering the labor force; require hands-on learning to complement work experience; need to earn a wage while learning an occupational skill; and/or need supervision as they learn specific skills for an occupation. Employer Emphasis An OJT provides an incentive to employers to hire individuals and invest in their skill development. The employer receives a training reimbursement based on the participant s wages during the training period while having the services of a full-time employee. The reimbursement is provided in consideration for the costs associated with training and supervision of the trainee for the agreed-upon training period. It is important employers enter into an OJT with the intention of retaining the participant after the contract ends, provided that the participant has performed satisfactorily. Reimbursements for OJT are subsidies for training, they are not intended to be wage subsidies. Employer Eligibility An OJT is provided under an agreement with an employer in the public, non-profit or private sector. Prior to entering into an OJT agreement, a member of the PA CareerLink BST must conduct a prescreening to ensure the employer meets minimum standards and can provide both training and longterm employment. Employers must meet the following guidelines: 1. Employer must commit to providing long-term employment for successful OJT participants. A regular (not temporary) job opening should exist so that the OJT trainee can be retained in a full-time unsubsidized job upon successful completion of training. Employer should not be a temporary employment agency, unless the individual is being trained to work in that particular business or a related area. (No temporary assignments). Prior performance, when applicable, will be utilized in determining contract approval. CPWDC prohibits OJTs with employers who have held one or more previous OJT contracts CPWDC OJT Policy Revised January 2018 Page 3 of 20

4 and have failed to provide otherwise-deserving participants with long-term employment as regular employees with wages, benefits and working conditions at the same level and to the same extent as similarly situated employees. Such employers will be disqualified from the OJT program for a minimum of one (1) year. 2. Employer must be or agree to become a registered employer on JobGateway. 3. The employer must be able to demonstrate the OJT employee can be trained at the employer s place of business and be provided with adequate supervision at all times by employer s personnel. If the nature of a business requires the OJT employee to work in various locations, the employee must be supervised at all times (for example, HVAC companies send personnel to businesses and homes in need of services). Work from home/telecommuting positions are eligible for an OJT on a case-by-case basis. Key to approval is adequate evidence of the ability of the employer and employee to fulfill the requirements of the OJT Training Plan. Off-site training such as with an entity other than the employer is permissible as long as it does not comprise a substantial part of the overall training. The off-site training cannot take place prior to the start of the OJT and the OJT employee must be paid the minimum hourly compensation during the offsite training as established in the Training Plan. 4. Hourly wages must adhere to the Wages section of this Policy. 5. OJT employee must be provided the same workers compensation, health insurance, unemployment insurance, retirement benefits, etc. as regular, non-ojt employees. 6. Employer must demonstrate that adequate payroll and record keeping systems are in place. 7. Employer retains the ability to hire the best candidate regardless of OJT eligibility. However, in order to receive OJT funding, employer must select and hire, based on company hiring procedures, an individual who is eligible and determined to be suitable for an OJT by the PA CareerLink staff. 8. Employer must not be involved in a current labor dispute or have a history of frequent layoffs. 9. An OJT cannot displace currently employed workers or be used to reduce the hours of those currently employed. 10. An OJT cannot be written for a position in which a worker is currently on layoff or for a position that will deny a current worker promotional opportunities. 11. If the company has relocated, the company has to be in operation at the current location for 120 days, if the business relocation resulted in any employee losing their job at the original location. 12. Employers with 15 or more employees must demonstrate reasonable programmatic and architectural accessibility. (See Addendum A) 13. In order to assure OJT employees do not represent a disproportionate share of an employers' workforce, a maximum ratio of one OJT employee to four regular employees (or 25%) should be maintained. This standard will apply to all workplaces with five or more employees (including trainees). Exceptions will be considered on a case-by-case basis. 14. If more than one OJT with a single employer is proposed to be simultaneously in progress, special permission must be obtained from the CPWDC Executive Director. CPWDC OJT Policy Revised January 2018 Page 4 of 20

5 15. When a labor organization represents a substantial number of employees who are engaged in similar work where an OJT is being proposed, an OJT contract may not impair existing collective bargaining agreements. Any OJT contract that would be inconsistent with the terms of a collective bargaining agreement requires the written concurrence of the collective bargaining agent and the Employer. 16. OJTs will be permitted with a company where current and/or former CPWDC Workforce Development Board members are employed, or otherwise have a financial or personal interest. Contracting will be permitted only when the Employer and the potential OJT candidate meets all of the requirements contained in this Policy. The CPWDC Executive Director shall be informed about the type and number of these contracts under consideration. 17. An OJT trainee shall not be hired by and/or supervised by an immediate family member of that person. An individual who hires and/or supervises refers to an individual who exercises authority to hire for the position, provides day-to-day training or direction, or keeps time and attendance records. Owners are considered supervisors/hiring managers since they have general authority to supervise, hire and dismiss. Occupational Qualifications In general, all occupations that require a period of significant training and instruction to acquire specific skills and knowledge are eligible for an OJT. Unlike an ITA, an OJT occupation does not have to be on the Region s High Priority Occupations list; however, CPWDC will give priority status to an OJT that is for an occupation in one of the Region s targeted industry clusters and has the potential to provide a career pathway that offers family sustaining wages. The following represent instances that will render a position ineligible for an OJT: 1. Position is seasonal, intermittent, part-time or temporary. Seasonal employment will be considered when the employer can verify that on average at least 80% of employees are rehired over multiple years. Seasonal means employment for 38 weeks or fewer per year. 2. Position provides fewer than 30 hours of employment per week. 3. Commissions, piece rate and/or tips are the primary source of income. 4. Position involves political or religious activity or supports political or religious organizations. 5. Professional occupations requiring a license as a prerequisite to hiring or that require successful completion of a licensing test in order to continue in the job (e.g., CPA, insurance sales). 6. Employer hires and candidate begins employment prior to the approval of the OJT Contract. Participant Eligibility Participants are determined eligible for OJT through services provided by one of the Central Region PA CareerLink sites. PA CareerLink staff should introduce and promote OJT as an option to all job seekers found to be determined eligible and appropriate. Residents of the nine county Central Workforce Development Area are given priority status to receive funding for OJTs. If an individual lives in another Workforce Development Area, Title I Job Seeker Services staff and as applicable, EARN staff, must review the participant s CWDS service record to ensure there is no duplication of services. Individuals must meet all of the following criteria: CPWDC OJT Policy Revised January 2018 Page 5 of 20

6 1. Enrollment on Job Gateway 2. Registration as a WIOA Adult, Dislocated Worker, Out-of-School Youth, or EARN participant by meeting program eligibility criteria (may be employed or unemployed) Additionally, in order for a Title I Adult to be eligible for an OJT, the annual wages for the: o family income at the time of registration must not exceed the amount of income listed as the self-sufficiency wage for the family according to the most recently available Self-Sufficiency Standard published by Pathways PA OR o individual income at the time of registration must not exceed the amount of income listed as the self-sufficiency wage for the individual according to the most recently available Self-Sufficiency Standard published by Pathways PA. Note the additional review of an individual s self-sufficiency wage is unnecessary if the family income at the time of registration did not exceed the Self-Sufficiency Standard for the family. Meeting eligibility with either family income or individual income, not both, is needed. The current data is from 2012 and is available in Appendix B, Table 8, beginning on page 83 of the report at the following link: Within the table on page 83 there is a link to more thorough information, which is also available as a download on CPWDC s SharePoint: Self Sufficiency Standard PA 2012 All Families.xls which includes a tab called PA 2012 All Families, which includes all counties in PA, and a tab called Central PA 2012 All Families, which includes only the annual Self-Sufficiency Wage for families who reside in the Central Region. 3. Determined eligible and appropriate for an OJT by Title I program staff in accordance with of the WIOA final rule including through, at a minimum but not limited to: An interview, evaluation, or assessment*, and career planning that determine the individual is: a. Unlikely or unable to obtain or retain employment that leads to economic selfsufficiency or wages comparable to or higher than wages from previous employment through career services; b. In need of training services to obtain or retain employment leading to economic selfsufficiency or wages comparable to or higher than wages from previous employment; and c. Has the skills and qualifications to participate successfully in training services. *Assessment should include but is not limited to: Completed career assessments and other assessments of personal aptitudes and interests, such as O*Net, and accompanying discussions and evaluations between the participant and Adult/DW staff, to guide the training decision and to confirm that the chosen career direction matches the assessment results. a. If the career direction does not match the assessment results, CPWDC will not automatically deny funding; the case management strategy must be to discuss the results and help the participant evaluate pursuit of the training. Case notes must document that such a discussion took place. WorkKeys CPWDC OJT Policy Revised January 2018 Page 6 of 20

7 a. Candidates for an OJT are required to take relevant WorkKeys foundational or personal skills assessments. While preferred, attainment of a National Career Readiness Certificate (NCRC) is not required unless requested by the employer. To determine the relevant assessments, each individual case must be reviewed jointly by the BST, program staff, program supervisor and Administrator. In the event obtaining an NCRC would interfere with the timing of an OJT opportunity, the requirement may be waived and the appropriate box must be checked on the OJT Contract along with a comment regarding other assessments used to help determine OJT eligibility. In some instances, an individual may be better served by taking personal skills assessments to demonstrate employability skills to supplement the foundational skills already evidenced by prior education or employment. In such cases, the NCRC requirement would also be waived and the appropriate box must be checked on the OJT contract. 4. Has identified an occupation for which OJT is a realistic goal, but for which required specific occupational skills required for employment are lacking. 5. Has resolved or has plans to resolve barriers to employment (e.g., transportation, day care, housing) or other barriers that can prevent successful OJT participation; 6. Does not have significant prior experience and/or education in the occupational area which makes participant qualified for unsubsidized hire without the additional training an OJT would provide. Please note, an individual who previously received WIA, WIOA, or other CPWDC grant funding for an ITA but requires additional work experience and training to enter desired occupation may be eligible for OJT. 7. An OJT is deemed the most appropriate method of training and is necessary for the client to perform the work associated with the occupation. 8. Has a high school diploma/equivalency or is co-enrolled with the WIOA Title II Adult Basic Education provider with a plan towards earning an equivalency. An OJT is not appropriate for individuals: 1. Who are awaiting other program activity participation (e.g. Classroom Training). 2. Presently on temporary lay-off and are expecting to be recalled by their employer. 3. Who do not have a skills gap for the targeted employment. 4. Who are current or former employees of the OJT employer. Co-Enrollment PA Department of Human Services EARN participants may receive an OJT funded by EARN up until the TANF case closure. EARN staff are required to work with Title I job seeker staff immediately upon determining an OJT is part of the service strategy so participants may be co-enrolled as a WIOA Adult, Dislocated Worker, or OSY, in order to access WIOA Title I OJT funding once the TANF case closes. A true co-enrollment means that participants are meeting current guidelines for both programs. Nepotism/Conflict of Interest Immediate family members of CPWDC employees or CPWDC s subcontractors employees are not eligible for Adult funding for OJT contracts. However, due to the eligibility guidelines established for participation in the Dislocated Worker, Out-of-School Youth and EARN programs, an immediate family member may be eligible for OJT contract funding from those sources. Any officer, employee, or agent of CPWDC, or its subcontractors must disclose an immediate family member s identity prior to submission or with the application for OJT contract consideration. Once the proposal has been reviewed by CPWDC fiscal staff and the applicable program staff, the final contract approval will be given by the CPWDC Executive Director. Should the OJT contract be approved, the subcontractor CPWDC OJT Policy Revised January 2018 Page 7 of 20

8 employee must be removed from any functions or responsibilities in connection with the trainee s OJT contract. Immediate family member is defined to include: wife, husband, mother, father, son, daughter, grandparent, grandchild, sister, brother, uncle, aunt, niece, nephew, cousin, step-parent, stepchild, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law and brother-in-law. Job Matching Most OJTs will result from a job matching process that begins with PA CareerLink staff openly communicating with one another so the BST knows the skills and goals of participants determined eligible and appropriate for OJT and so job seeker services staff know of OJT opportunities. In addition, an employer may refer an individual to be considered for OJT, a reverse referral. An employer referred individual will need to be determined eligible and appropriate for OJT services by Title I staff as would any existing PA CareerLink participant. Contracting will be permitted only when the employer and OJT candidate meet all of the requirements contained in this policy. No exceptions will be made. Matching a job seeker with an employer for an OJT is a coordinated effort of the PA CareerLink BST and job seeker program staff. Job matching meetings among PA CareerLink staff shall be conducted to share information on participants and employers who are interested in an OJT, and to share any action taken or needed for previously discussed opportunities. The frequency of these meetings may vary from site to site, but should be based largely on customer volume and demand. The BST will continually promote OJT opportunities to employers as financial assistance provided in consideration for the costs associated with the training and supervision for individuals referred from PA CareerLink offices to fill their openings. OJTs can enhance business, cut waste, reduce turnover and increase profits. The marketing of the OJT program to employers can take place during individual meetings, as well as through speaking engagements with organizations such as trade associations, chambers of commerce, industry partnerships and other employer groups. Once an employer expresses interest in the OJT program, the BST should collect information about the employer and the available position, including a job description, starting wage, hours of work, fringe benefits, minimum basic skills, equipment needs, physical requirements, etc. At this point, it is the responsibility of the BST to work with job seeker program staff to review the job seeker pool to determine potential candidates for the employer to interview. Referrals may include individuals who are eligible for an OJT and those who may already have the necessary requirements for consideration in an unsubsidized position. Job seeker staff is responsible for determining if participants are eligible for OJT and effectively communicating skills and skill gaps as well as other pertinent information to the BST so the BST may match the candidate with an existing OJT position or conduct job development with applicable employers, including to market OJT opportunities and advocate on behalf of individual job seekers to employers. Job seekers identified as a good fit for an OJT should be a recipient of the letter available on SharePoint so that they may help market themselves to employers in positions for which they have a skill gap. The letter is a tool that will help broaden the ability to place job seekers in OJTs. Prior to being given access to the letter, a participant must have been determined eligible for an OJT and job CPWDC OJT Policy Revised January 2018 Page 8 of 20

9 seeker staff must give an overview of what an OJT is (there is a flyer available on SharePoint to help with this) and talk with the candidate about what jobs may or may not be a good fit for an OJT given the skills and experience of the individual. Staff does not necessarily need to know every specific job a person will be applying for in advance but the jobs should align with the Individual Employment Plan and it is a good best practice to ask the OJT candidate to keep a log so that staff will know what jobs were applied for as possible OJTs. The letter should be signed by a PA CareerLink representative; adding weight and meaning to the letter. Paper copies can be provided to the OJT candidate, and in the event attachments can be added to online applications, a signed PDF version may be provided as well. Continued access to the letter must be as easy as possible, therefore easy access to copies is important. The letter states eligibility for the OJT will need to be re-confirmed. In the event a job seeker applies for a job using the OJT letter, but no skill gap exists and therefore an OJT is not the right fit, the BST staff need to have a conversation with the employer and advocate on his or her behalf; if the job seeker has no skill gap, the employer may still be interested in pursuing the individual as a job candidate. Regardless of which is identified first the OJT position or the eligible candidate it is essential for PA CareerLink staff to work together and work with the employer to develop an OJT training plan that addresses the specific individual s skills and skills gaps so that they can learn the job and meet employer expectations. Training Plan The Training Plan is the written structured job training program that will provide the OJT participant with a combination of instruction in work skills, general employment competencies and occupationally specific skills. The Training Plan outlines the skills that will be developed through the training and provides the basis for measuring successful completion of the OJT. A member of the BST must work with the employer to shape the training outline to address the trainee s specific occupational skills gaps and training needs to meet those gaps. Two training plans, even for the same position, are rarely identical, because a training plan is based on the unique mix of qualifications and training needs of each individual candidate. The maximum level of any training will not exceed the level as outlined in the Specific Vocational Preparation Level (SVP) guide as defined by O*Net ( The Training Plan must include: Occupation O*Net Code SVP Level Starting and ending dates of training Number of hours per week trainee will work (cannot be below 30 hours per week) Initial wage rate (please note scheduled raises, if any, should be listed in the subcontractor review section, not the Training Plan) OJT reimbursement dollar amount and the percentage Name or job title of person responsible for training CPWDC OJT Policy Revised January 2018 Page 9 of 20

10 A job description or training outline that reflects what the participant will learn Company Specific Skills the employer agrees to provide to the participant o List the skills for which the company will likely need to train any new employee. Examples include company specific policies, safety procedures, orientation to the site, introduction to the business practices, etc. Job Specific Skills the employer agrees to provide to the participant; o List the skills in which the OJT employee requires training- the skill gaps. Examples include proficiency in specific software, ordering processes, inspection techniques, machine adjustments, packing techniques, etc. The job skills listed must be specific. Use the O*Net Specific Vocational Preparation Level (SVP) guide, a company job description and conversations with the employer in order to provide an accurate listing of skills that will be learned in the OJT. Key Performance Indicators that the employer will use to evaluate success in the position; and o List the most important indicators that the employer will be tracking to monitor OJT employee progress in closing the skill gaps and becoming successful in the job. Examples could include: specific tasks being completed in an acceptable amount of time, ability to work independently, ability to satisfy customer needs, ability to respond to problems and appropriately present solutions, learn from mistakes, etc. Any other training that may be provided. For both the Company Specific Skills and Job Skills sections, PA CareerLink staff must describe the training methods the employer will use, including the job title and qualifications of the incumbent worker(s) responsible for providing the OJT, the total number of hours required for proper training and methods of measurement that the employer will use to evaluate performance throughout the training period. Keep each skill description concise and comprehensive and make sure individual skills are measurable and observable. Length of Training OJT training is provided in order to enable an individual to become skilled and knowledgeable while on the job. It is not intended to necessarily last until the individual is 100 percent productive or proficient in the occupation. In determining the appropriate length of the OJT Contract, consideration should be given to each of the following: 1. Skill requirements of the occupation 2. Academic and occupational skill level of the participant 3. Prior work experience 4. Skill level to be attained The OJT training time should be adjusted as appropriate for an individual s experience and needs. The maximum training time for an OJT is six (6) months, but many OJTs can be completed in a shorter period of time. In no case will the authorized OJT training hours exceed the maximum training time allowed for that SVP level or 1040 hours, whichever is less. Regardless of when an OJT is initiated, the BST should complete the training plan to include the total length of training necessary for the trainee to complete the program. For a training plan that extends beyond June 30, two separate training plans should be submitted; one training plan for the period CPWDC OJT Policy Revised January 2018 Page 10 of 20

11 before June 30 and another training plan for the period beginning July 1. Both plans should be submitted at the beginning of the contract. The initial OJT contract will be written to expire on June 30. However, if the region s allocation for the subsequent fiscal year provides adequate funding for individual training programs, the OJT will be considered for funding from July 1 through the end of the outlined training plan. Wages Employers must adhere to the Fair Labor Standards Act (FLSA) overtime laws and those set forth in the Pennsylvania Minimum Wage Act. Individuals in an OJT shall be compensated at the same rate, including periodic increases, as trainees or employees who are employed in similar occupations by the same employer; and, who have similar training, experience, and skills. The anticipated reimbursement of wages must not be used to provide higher wages to OJT participants than non-ojt employees in similar positions; likewise, it must not be used to provide lower wages. Hourly wages to be paid by the employer must be at least equal to the minimum hourly compensation established by CPWDC for OJTs. CPWDC utilizes the current minimum wage and the most recent selfsufficiency wage for the Central Pennsylvania region to establish the minimum hourly compensation for an OJT: $10.00 per hour for Adults and Dislocated Workers, $8.00 per hour for Out-of-School Youth). Employer Reimbursement The reimbursement is a training subsidy, not a wage subsidy. It is expected that the participant will continue working after the payments to the employer end. The employer shall hire and place on its payroll in regular employment, an individual hired under an OJT on the effective date of the contract. Reimbursement is not made for any benefits for which the OJT trainee is eligible to receive as an employee of the OJT employer, including paid holidays or vacations. The wage reimbursement is considered compensation to the employer for the extraordinary costs associated with training the individual to the level comparable to an entry-level employee as it pertains to the specific position. Extraordinary costs associated with training of participants, include, but are not limited to more intense supervision; above average material waste; abnormal wear on tools; down time; and lower rates of production. CPWDC will reimburse the employer 50% of the OJT trainee s hourly wage for the agreed-upon training time. Please note grant funding may have a cap on the wage that can be reimbursed. The maximum reimbursement for an OJT Contract will be determined by the grant through which the participant is funded, the training plan and dependent upon an individual candidate s skill gaps. All payments are made on a cost reimbursement basis to the employer. Employers will be reimbursed based on actual hours worked by the OJT participant. Reimbursements cannot be made for: Paid Holidays Sick Days Weather-Related Closings Vacation Days Work Stoppages CPWDC OJT Policy Revised January 2018 Page 11 of 20

12 CPWDC will not reimburse wages for hours worked beyond the maximum number of hours identified on the Training Plan. If an hourly employee works overtime during the training period, CPWDC will reimburse at the standard hourly rate (not the overtime rate) for those overtime hours. The OJT will end when the maximum dollar amount, maximum hours worked or the approved end date is reached, whichever occurs first. If the hourly OJT employee is entitled to overtime, they must be paid at least one and a half times their regular rate of pay for all overtime hours, but CPWDC will only reimburse for overtime hours at the standard hourly rate. Overtime, prevailing wage rates, and shift premiums will be reimbursed at the wage agreed upon within the OJT Training Plan and will not be reimbursed for the full wage above that in the OJT Training Plan. For salaried employees, CPWDC will reimburse a minimum of 50% of the salary paid during the reimbursable time period. The reimbursement will be prorated to exclude holiday, vacation, sick time, work stoppages, weather-related closings or time that extends beyond the approved training plan time period. OJT Contracts The OJT Contract, with the completed Training Plan, must be approved by an authorized representative of CPWDC prior to a candidate beginning employment. Likewise, employment may not begin prior to the program start date recorded on the Training Plan. The decision to enter into an OJT Contract with an employer is at the discretion of the CPWDC. The Training Plan becomes the work statement of the OJT Contract. In order to best serve the employer and job seeker customer, CPWDC is committed to prioritizing the processing of training contracts. Due to the necessary fiscal and program reviews, as well as the contractual requirements for compliance with funding regulations, PA CareerLink staff should allow up to one week for processing once the OJT contract packet is received by CPWDC. OJT Contract Packet There are several documents required to effectively implement an OJT including: OJT Request Form This form contains participant information and employer information needed to evaluate the OJT request. The Request Form is to be completed in its entirety by the PA CareerLink BST in cooperation with the job seeker staff. Cause for exception to the Policy or any extraordinary circumstances regarding the contract should be entered in the space provided. Employer Eligibility Checklist BST staff must review eligibility criteria with the employer and complete the checklist to ensure employer program compliance. Part of completing the checklist includes the BST collecting a W-9 from the OJT employer. The BST must submit the W-9 to CPWDC for compliance purposes. Training Plan CPWDC OJT Policy Revised January 2018 Page 12 of 20

13 The Training Plan, completed by the BST in conjunction with the employer and the OJT candidate, is the financial component of the OJT Contract packet. The Training Plan is the document that outlines the planned training activities to be accomplished during the training period. Please see the Training Plan section of this policy for more information. OJT Contract This outlines the employer s responsibilities in fulfilling the OJT Contract, as well as the reimbursement process, and must be signed by an authorized representative of the employer. Reimbursement and Progress Report This must be completed and signed by the employer when submitting all reimbursement requests. OJT Timesheet In the absence of a standard employer timesheet, this CPWDC timesheet must be used to provide proper documentation of hours worked. All timesheets, either the standard employer or the CPWDC version, must be signed by the OJT participant. Modification Form This form will be used to document any significant changes to the training plan, proposed changes to training dates, proposed changes in the trainee s wage or hours, change in the maximum reimbursement, or to accommodate contracts that cross into a new program year. Closeout Form This will be used for completed OJTs as well as for cancellation or early termination of an OJT Contract. The OJT Contract packet is provided to the PA CareerLink staff in an electronic format to provide ease in completion. The most current packet can be located at CPWDC SharePoint > Program Resources > OJT Contract Documentation. OJT Contract Approval Process All appropriate PA CareerLink staff are expected to work together in ensuring a contract is a good fit for each individual OJT candidate and employer. Upon completion of the OJT Request Form, the Employer Eligibility Checklist, the Training Plan, and receipt of a signed copy of the OJT Contract, the complete packet, (including a full job description) as well as the OJT candidate s resume must be submitted electronically to the appropriate PA CareerLink staff: program staff, program supervisor, BST supervisor, and PA CareerLink Administrator. In order to submit an OJT to CPWDC, the Job Seeker Services Supervisor must approve and sign as well as the BST Supervisor or PA CareerLink Administrator. Any of these three parties may the endorsed OJT Contract packet spreadsheet and scanned signature pages to contracts@cpwdc.org for CPWDC review. The following naming convention will be used: subject line: OJT (insert last name) (insert funding stream). CPWDC fiscal staff will review the training request and determine if there is sufficient funding to fulfill the contract and CPWDC program staff will review the training request for adherence to the program design. Funding is based on appropriateness and funding availability. In advance of official notification of funding, PA CareerLink staff should not guarantee or imply, verbally or in writing, to an OJT candidate CPWDC OJT Policy Revised January 2018 Page 13 of 20

14 or employer that an OJT Contract will be approved. PA CareerLink staff should allow up to one week for the processing of an OJT Contract once the packet is received by CPWDC. To expedite processing, the program supervisor or staff should provide information about prospective OJT opportunities to CPWDC program staff. Once the applicable CPWDC program staff has verified that an OJT Contract meets all requirements, an authorized representative will sign the OJT Contract. The fully executed OJT Contract and the Training Plan with specified reimbursement dates will be scanned and sent electronically to the BST and other PA CareerLink staff, as indicated on the OJT Request Form, to confirm approval. At that time, the BST is authorized to contact the employer to provide a verbal commitment to the proposed OJT Contract. A copy of the Training Plan, fully executed OJT Contract, a Reimbursement Form and Progress Report and a CPWDC OJT Timesheet will be sent by CPWDC directly to the employer. PA CareerLink staff should maintain a copy of the executed OJT Contract, as well as all other OJT Contract packet documents in the OJT participant s file. In addition, CPWDC shall maintain files for all approved OJT contracts. Should an OJT Contract request be denied, for any reason, CPWDC will notify the BST and the PA CareerLink Administrator in writing to explain the factor(s) resulting in the denial. It is the responsibility of the BST to contact the employer regarding the contract status. Should funding not be available, employers should still be encouraged to employ the OJT candidate, but will have to do so without the benefit of the training reimbursement. Reimbursement and Progress Reporting All payments are made on a cost reimbursement basis to the employer. The OJT Contract packet will establish specific reimbursement periods using the employer s payroll cycle to define reimbursement on a monthly basis. Using the Reimbursement and Progress Report, reimbursement requests must be submitted by the employer to the BST. The approved Training Plan will provide the Employer with specific monthly reimbursement dates based on the Employer s payroll cycle. The BST must submit the reimbursement to CPWDC once they have reviewed to ensure that all necessary documentation has been submitted by the employer. Late invoice submission may void payment rights. In order for an OJT reimbursement to be made to the employer, the request must include: A completed CPWDC Reimbursement and Progress Report signed by the participant and the employer or only by the employer if the accompanying documentation (timesheets/time cards) are signed by the participant and reconciled to the invoice. Copies of the employer s payroll register, pay record, or check stub which shows computation of the gross wages and net wages paid, and all applicable State and Federal withhold taxes. Copies of the employee s timesheet or time card showing daily hours worked. In the absence of a standard employer timesheet, the CPWDC timesheet must be used to provide this documentation. PA CareerLink staff will be responsible for collecting Reimbursement and Progress Reports and supporting documentation and verifying the information prior to submission to CPWDC. It is preferred that all documentation is scanned and sent electronically to CPWDC. PA CareerLink staff should maintain copies of the Reimbursement and Progress Reports and supporting documentation for the participant file and the original forwarded to CPWDC for reimbursement to the employer. CPWDC OJT Policy Revised January 2018 Page 14 of 20

15 PA CareerLink staff are expected to explain the correct use of the OJT Reimbursement and Progress Report, the required documentation and be available to assist in the preparation of reimbursement reports, as requested by an employer. Failure to maintain and provide proper documentation as outline in this section may result in early termination of an OJT contract. CPWDC reserves the right to disqualify an employer from the OJT program for a minimum of one (1) year if employer fails to provide adequate wage record documentation. Contract Modifications It is not uncommon for circumstances to change after an OJT has commenced. A modification is required for any significant changes to the training plan, proposed changes to training dates, proposed changes in the trainee s wage and changes to maximum hours and reimbursement amounts. (Note that a wage increase will result in a reduction to the training duration if the total financial obligation is not or cannot be increased at the time of the proposed modification.) Training plans may be modified to best suit the respective and mutual needs of the employer and the trainee. All modifications must be in writing, using the OJT Modification Form, and are not approved until signed and dated by a CPWDC authorized representative. Modifications to increase the participant s wage must be sent in advance of or along with the reimbursement request submittal in order to take effect with that request. As with a contract approval, PA CareerLink staff should not guarantee or imply, verbally or in writing, to an OJT candidate/employee or employer that a modification will be approved. Once CPWDC has verified that an OJT Contract modification meets all requirements, an authorized representative will sign the OJT Modification form. The OJT Modification form will be scanned and sent electronically to the BST and other PA CareerLink staff as indicated on the OJT Request Form to confirm approval. A copy of the OJT Modification form will be sent by CPWDC directly to the employer if it results in a new Excel file for reimbursements. The BST should maintain a copy of the executed OJT Modification form. In addition, CPWDC shall maintain individual files to include applicable OJT Modification forms. Should an OJT Modification request be denied, for any reason, CPWDC will notify the BST in writing to explain the factor(s) resulting in the denial. It is the responsibility of the BST to contact the employer regarding the decision on the modification. Termination or Cancellation of Contract There are many circumstances that may cause the need for early termination of an OJT Contract (e.g., voluntary termination of employment by the employee, termination of the OJT employee with cause, employer fails to provide training as specified in the Training Plan, OJT employee fails to make adequate progress in meeting the goals of the Training Plan, etc.). An OJT Contract may be terminated or cancelled when it is determined that such action is in the best interests of all parties. CPWDC OJT Policy Revised January 2018 Page 15 of 20

16 The BST must encourage OJT employers to contact them should problems arise that could lead to OJT employee termination. The employer is free to accept or decline offers to assist in correcting or mediating the situation. If the OJT employee leaves on their own or is terminated for cause during the contract term, the BST should schedule a meeting with the employer to determine the reasons for early termination and provide the employer with assistance in a replacement for the position, either with or without an OJT employee. Job seeker staff must contact the participant to determine the reason for early termination and provide assistance with job search needs. Once the BST has been made aware of an early termination of an OJT Contract, the BST is responsible for submitting notification to CPWDC as soon as possible and collecting the final Reimbursement and Progress Report and all supporting documentation from the employer. Once an OJT Contract has been fully executed by CPWDC, should the BST be informed of the need to cancel the contract prior to commencement of actual employment, the BST should submit notification to CPWDC. CPWDC will process the necessary contract cancellation. CPWDC reserves the right to disqualify an Employer from the OJT program for a minimum of one (1) year if employer fails to meet any of the provisions of this contract. Case Management Once an OJT has begun, the PA CareerLink staff must maintain contact with the trainee and the employer. Staff are responsible for following the progress of the OJT participant, including telephone contact, visiting the job site and making contact with the trainee s immediate supervisor. BST and job seeker staff will work together and openly communicate and share information. OJT Employee Communications Continued coaching and support may be necessary to assist the trainee in the transition to employment, as well as aid in the resolution of any problems or potential problems to ensure participant satisfaction and that performance goals are attained and job retention realized. This goal attainment can be supported and monitored by designing a communication plan with the OJT employee and the employer. Job seeker staff must establish a schedule to communicate with the OJT employee at regular intervals; the BST must be aware of schedule and it must not interfere with the OJT. Information relevant to the success of the OJT must be readily shared with the BST and consent to do so must be in place. A participant placed in an OJT is still an active participant and all relevant career services will be provided to help ensure progress in the OJT and retention upon contract end. Job seeker staff are responsible for following up with OJT employees upon completion of their training and determining whether an exit from WIOA Title I services is appropriate at that time. Trainees who need additional services, including those who did not complete their OJT should be evaluated and provided all necessary career services, including to make informed revisions to the individualized employment plan. As with all exits with employment, follow-up services will be provided, including effective, pro-active case management designed to be aware of any changes in individual circumstances and need for services to retain employment. CPWDC OJT Policy Revised January 2018 Page 16 of 20

17 OJT Employer Communications BST staff must establish a schedule for follow-up with the OJT employer at regular intervals. This should be a minimum of once per month when obtaining the monthly Reimbursement and Progress Report, but should be more frequent if needed. Staff should review the monthly Reimbursement and Progress Reports as well as converse with the trainee s immediate supervisor. Meeting regularly with the direct supervisor of the trainee to review progress will aid in expediting documentation of the skills mastered during the OJT contract and provide opportunities to proactively resolve any problems or potential problems to assure the successful completion of the Contract and retention of the OJT employee. Information relevant to the success of the OJT must be readily shared with job seeker services staff. In addition to the above, BST staff must advise the OJT trainee s direct supervisor or person responsible for training on a process of maintaining records of the OJT employee s progress during training. The specific skills to be learned and agreed upon training hours are specified in the Training Plan. Training supervisors and PA CareerLink staff should monitor, discuss, and document the progress of the OJT employee in gaining the identified skills. BST staff are responsible for following up with OJT employers upon completion of the training. In instances where an employee did not complete the training plan or was not retained, BST and job seeker staff must work together to gather information on the circumstances to evaluate whether some intervention could have better supported completion and retention. Employers should be provided with additional assistance, including but not limited to another OJT, to fill the vacant position. In cases where an OJT has been completed successfully, BST staff should plan to follow up with the employer 3 months, 6 months and 12 months following the completion of the OJT training plan to measure employee retention and identify other opportunities for additional OJTs. Monitoring When a member of the BST presents the OJT Contract to employers, special note should be made that CPWDC, as the fiscal agent, may monitor the contract. CPWDC has the right to examine pertinent documents that ensure the guidelines of each contract are being followed. A special note pertaining to a monitoring visit would be the Employer Assurances/EEO/Affirmative Action section which asserts that the employer does not display practices of discrimination in the workplace. There should be Equal Opportunity posters in the building. If the employer houses more than 15 employees, signs of reasonable accessibility will be reviewed as well. (See Addendum A for further clarification regarding accessibility.) If an employer has particular concerns or questions, the BST should refer them to CPWDC for clarification. CPWDC reserves the right to make exceptions to this policy, on a case-by-case basis. PA CareerLink staff may discern where exceptions to policy may be warranted and are expected to communicate such cases to CPWDC for review. CPWDC OJT Policy Revised January 2018 Page 17 of 20