COWIB Policy on On-the-Job...

Revised – October 15, 2014

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COWIB Policy on On-the-Job Training April, 2008 First Approval: April 16, 2008 Current Revision: October 15, 2014 PURPOSE: To establish a local policy on the use of On-the-Job Training (OJT) activities as a strategy for increasing the employment, retention, and earnings of workers in the Central Oklahoma workforce investment area and for increasing the occupational skills attainment of customers of the Workforce Oklahoma system. AUTHORITY: The authority for this policy derives from Oklahoma Employment & Training Issuance #11-2011, “Oklahoma’s Final On-the-Job Training Policy,” dated June 21, 2011. OETI #11-2011 provides policy guidance for the implementation of OJT activities that are funded by the federal Workforce Investment Act. The policy describes OJT as “a ‘hire first’ program that provides job seekers with work experience and skills training needed to successfully obtain and retain employment.” Then, it explicitly states:

“Each LWIB must develop an OJT policy that is compliant with this OETI.” The Oklahoma Employment Security Commission (OESC) has published three additional guidance statements that are relevant to OJT activities in the Central Oklahoma area:

• OETI #20-2010 was a short-lived issuance that was in effect from October 12, 2010, until February 14, 2011. It provided state guidance that was directly relevant to “On-the-Job Training Services funded with ARRA and OK Jobs Now Initiative Funds.”

• OETI #06-2011 was issued in February, 2011, and it replaced OETI #20-2010.

• OETI #10-2011 was issued on July 20, 2011; it replaced OETI #06-2011.

OETI #10-2011 is the most current statement of state policy that is specific to the use of ARRA grant funds. These funds – which have been made available to local workforce investment boards for a limited time and purpose – have special requirements related to:

• Appropriate Employers;

• Participant Eligibility;

• Training Reimbursements to OJT Employers;

• A Wage Cap on the Training Reimbursement Level that may be offered to OJT Employers;

• The OJT Duration Limit; and

• Performance Reporting and Data Entry Requirements for the Oklahoma ServiceLink System.


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BACKGROUND: The term “On-the-Job Training” is defined in Section 101 of the Workforce Investment Act as follows:

(31) On-the-job training.--The term “on-the-job training” means training by an employer that is provided to a paid participant while engaged in productive work in a job that--

(A) provides knowledge or skills essential to the full and adequate performance of the job;

(B) provides reimbursement to the employer of up to 50 percent of the wage rate of the participant, for the extraordinary costs of providing the training and additional supervision related to the training; and

(C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate.

In Section 134(d)(4)(A) of the Workforce Investment Act, there is a mandate that funds allocated to a local area for eligible adults and dislocated workers “…shall be used to provide training services to adults and dislocated workers, respectively.” Later in Section 134(d)(4), “on-the-job training” is identified as an allowable WIA training service. STATE & FEDERAL REQUIREMENTS: In developing a policy for On-the-Job Training, the Central Oklahoma Workforce Investment Board and its One-Stop Operator must be mindful of the requirements of our State and Federal funding sources. Federal Policy: There are a limited number of references to On-the-Job Training in the federal Workforce Investment Act or its implementing regulations. Here is a summary of the most significant references:

• Section 122(h). Section 122 of the Act lays out a detailed process which must be used to identify Eligible Providers of Training Services. However, an exception is made for OJT:

(h) On-the-Job Training or Customized Training Exception.--

(1) In general. -- Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (e).

(2) Collection and dissemination of information. -- A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services.


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• Section 134(d)(4)(F). The Act provides that, in general, training services provided with WIA funds shall be delivered through the use of Individual Training Accounts. However, special language is used to describe “customer choice” requirements for OJT activities:

(F) Consumer choice requirements.--

(i) In general. -- Training services provided under this paragraph shall be provided in a manner that maximizes consumer choice in the selection of an eligible provider of such services.

(ii) Eligible providers. -- Each local board, through one-stop centers referred to in subsection (c), shall make available--

(I) the State list of eligible providers of training services required under section 122(e), with a description of the programs through which the providers may offer the training services, and the information identifying eligible providers of on-the-job training and customized training required under section 122(h); and

(II) the performance information and performance cost information relating to eligible providers of training services described in subsections (e) and (h) of section 122.

• Section 134(d)(4)(G). The Act provides that, in general, training services provided with

WIA funds shall be delivered through the use of Individual Training Accounts. However, this portion of the law creates an exception for OJT:

(ii) Exceptions. -- Training services authorized under this paragraph may be provided pursuant to a contract for services in lieu of an individual training account if …

(I) such services are on-the-job training provided by an employer….

• Section 181(a). This section of the Act describes general requirements and restrictions that must be observed in the delivery of WIA services, including provisions related to “benefits.” Section 181(a) includes this requirement:

(1) Wages.--

(A) In general. -- Individuals in on-the-job training or individuals employed in activities under this title shall be compensated at the same rates, including periodic increases, as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills, and such rates shall be in accordance with applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law.

• Section 181(b). This section of the Act describes general requirements and restrictions

that must be observed in the delivery of WIA services, including provisions related to “labor standards.” Section 181(b) includes this requirement:

(5) Employment conditions. -- Individuals in on-the-job training or individuals employed in programs and activities under this title, shall be provided benefits and working conditions at the same level and to the same extent as other trainees or employees working a similar length of time and doing the same type of work.


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• Section 181(d). This section of the Act describes general requirements and restrictions

that must be observed in the delivery of WIA services, including restrictions on the use of WIA funds to encourage or induce a business to relocate. Section 181(d) includes this prohibition:

(d) Relocation.--

(1) Prohibition on use of funds to encourage or induce relocation. -- No funds provided under this title shall be used, or proposed for use, to encourage or induce the relocation of a business or part of a business if such relocation would result in a loss of employment for any employee of such business at the original location and such original location is within the United States.

(2) Prohibition on use of funds for customized or skill training and related activities after relocation. -- No funds provided under this title for an employment and training activity shall be used for customized or skill training, on-the-job training, or company-specific assessments of job applicants or employees, for any business or part of a business that has relocated, until the date that is 120 days after the date on which such business commences operations at the new location, if the relocation of such business or part of a business results in a loss of employment for any employee of such business at the original location and such original location is within the United States.

• Section 195(4). Several “General Program Requirements” are described in this part of

the federal Workforce Investment Act, including this restriction: SEC. 195. GENERAL PROGRAM REQUIREMENTS.

Except as otherwise provided in this title, the following conditions are applicable to all programs under this title…

(4) On-the-job training contracts under this title shall not be entered into with employers who have received payments under previous contracts and have exhibited a pattern of failing to provide on-the-job training participants with continued long-term employment as regular employees with wages and employment benefits (including health benefits) and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work.

NOTE: Even though Section 195(4) of the Workforce Investment Act provides that no OJT contract will be written with an employer who has “exhibited a pattern of failing to provide on-the-job training participants with continued long-term employment…,” the state policy given in OETI #11-2011 describes a slightly different requirement. The OETI states:

“Training is to be provided by an employer that:

“Has not failed to meet the requirements of a previous OJT Contract. The exception to this requirement is if the employer failed to meet the requirements of a previous OJT Contract through no fault of his/her own….”

The U.S. Department of Labor has published a set of Regulations governing implementation of the Workforce Investment Act. The portions of the Regulations that deal with On-the-Job


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Training activities are very brief. They are codified in the Code of Federal Regulations at 20 CFR Part 663.700 and in sections of 20 CFR Part 667. Here is the text of 663.700:

Sec. 663.700 What are the requirements for on-the-job training (OJT)?

(a) On-the-job training (OJT) is defined at WIA section 101(31). OJT is provided under a contract with an employer in the public, private non-profit, or private sector. Through the OJT contract, occupational training is provided for the WIA participant in exchange for the reimbursement of up to 50 percent of the wage rate to compensate for the employer's extraordinary costs. (WIA sec. 101(31)(B).)

(b) The local program must not contract with an employer who has previously exhibited a pattern of failing to provide OJT participants with continued long-term employment with wages, benefits, and working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work. (WIA sec. 195(4).)

(c) An OJT contract must be limited to the period of time required for a participant to become proficient in the occupation for which the training is being provided. In determining the appropriate length of the contract, consideration should be given to the skill requirements of the occupation, the academic and occupational skill level of the participant, prior work experience, and the participant's individual employment plan. (WIA sec. 101(31)(C).)

Excerpts from 20 CFR Part 667 are included as an attachment to this policy. (Attachment K). State Policy: As noted on Page 1 of this policy, Oklahoma Employment and Training Issuance #11-2011 provides state-level guidance on WIA On-the-Job Training activities. Additional policy guidance relating to the implementation of OJT activities is given in the following OETI’s:

• OETI #16-2000; “Oklahoma’s Interim Final Policy on WIA Business Relocation” (May 17, 2000)

• OETI #17-2000; “Oklahoma’s Interim Final Policy on WIA Displacement of Employees” (May 17, 2000)

• OETI #21-2000; “Oklahoma’s Interim Final Policy on the WIA Health and Safety Standards” (May 17, 2000)

• OETI #22-2000; “Oklahoma’s Interim Final Policy on the WIA Wage and Hourly Standards” (May 17, 2000)

• OETI #23-2009; “WIA Youth Glossary” (December 8, 2009) The WIA Youth Glossary describes On-the-Job Training as an allowable activity within the WIA Youth Program. However, it also offers this cautionary note:

“Note: In most cases, on-the-job training is not an appropriate work experiences activity for youth participants under age 18….”

“Services provided to youth participants must be appropriate to the needs of the individual youth as defined in their Individual Service Strategy and documented in enrollment notes.”


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LOCAL POLICY: The policy and procedures guide, attached, represents the COWIB’s best effort to provide guidance for the implementation of WIA-funded OJT activities in the Central Oklahoma workforce investment area. This guide is designed to be consistent with the most recent Two-Year Plan for the Central Oklahoma area, which was published in October, 2007 is scheduled to be updated in October, 2014. Our Two-Year Plan sets out the following description of the COWIB’s policy for OJT activities:

“Local OJT Policy. With respect to On-the-Job Training, the COWIB is developing an area-wide policy for this activity simultaneously with the development of this Two-Year Plan. The COWIB’s OJT Policy will be designed to promote On-the-Job Training contracts in high-growth, high-demand occupations in targeted industry clusters. The policy will recognize the important role played by the COWIB’s Business Services Team. It will establish parameters within which the COWIB’s One-Stop Operator will receive, review, and approve requests for OJT training. Pursuant to established State Policy, the COWIB will not have an operational role in the brokering or delivery of OJT contracts. However, the COWIB will continue to have authority for the review and oversight of OJT activities. It is expected that the COWIB’s Impact and Measures Committee will have an important role in the oversight process.

“Policy Review Process. Policies with regard to OJT, skills upgrading, or other customized training will be reviewed as needed by the COWIB’s CEO, elected leadership, and Executive Committee.”

It shall be the policy of the Central Oklahoma Workforce Investment Board (COWIB) and its Board of Local Elected Officials (LEO) that all Workforce Investment Act Title I-funded services shall be delivered in a manner that fully complies with the WIA law and regulations.

Special Provisions for National Emergency Grant On-the-Job Training (NEG/OJT) Services funded with ARRA. It is the COWIB’s policy that all OJT Program services provided with funding through the NEG/OJT National Emergency Grant program will be delivered in a way that fully complies with OETI #10-2011. NEG/OJT funds have been provided to local Workforce Investment Boards through the Oklahoma Department of Commerce in order to “…temporarily expand service capacity at the state and local levels by providing time-limited funding assistance in response to significant dislocation events.” OETI #10-2011 describes these funds with the term, “…one-time availability.” In the COWIB’s 4-county service area, the funds for this initiative are derived from a National Emergency Grant (NEG), and they are available only through June 30, 2012. Special Policy Guidelines for the use of NEG/OJT funds are described in OETI #10-2011. These special guidelines include the following elements:


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(1) Appropriate Employers. OJT positions may not be developed with public sector employers1. Additionally, OJT positions with the following employers are prohibited:

• Businesses (whether in the for-profit or the non-profit sector) which are gambling establishments, swimming pools, aquariums, zoos, or golf courses; or

• Any employer which will or may displace workers; or

• Any employer that has relocated all or part of their business within the previous 120 days where the relocation action has resulted in the loss of employment of any employee at the original location.

The term “gambling establishment” includes bingo halls, casinos, and race tracks where betting is permitted.

COWIB interprets the prohibition on “public sector” OJT’s to mean that no OJT contract may be written with a state governmental agency nor a federal agency nor with a county government or municipality. We do not believe that this prohibition applies to private sector or non-profit employers which may receive governmental funds (e.g., Boeing, Planned Parenthood). However, state colleges and universities as well as public schools and Career Techs are considered to be in the public sector. With regard to the “displacement” of other workers, the COWIB’s Service Providers should pay particular attention to the WIA Regulations at 20 CFR 667.270:

“Sec. 667.270 What safeguards are there to ensure that participants in Workforce Investment Act employment and training activities do not displace other employees?

“(a) A participant in a program or activity authorized under title I of WIA must not displace (including a partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits) any currently employed employee (as of the date of the participation).

“(b) A program or activity authorized under title I of WIA must not impair existing contracts for services or collective bargaining agreements. When a program or activity authorized under title I of WIA would be inconsistent with a collective bargaining agreement, the appropriate labor organization and employer must provide written concurrence before the program or activity begins.

“(c) A participant in a program or activity under title I of WIA may not be employed in or assigned to a job if:

“(1) Any other individual is on layoff from the same or any substantially equivalent job;

“(2) The employer has terminated the employment of any regular, unsubsidized employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy so created with the WIA participant; or

“(3) The job is created in a promotional line that infringes in any way on the promotional opportunities of currently employed workers.

“(d) Regular employees and program participants alleging displacement may file a complaint under the applicable grievance procedures found at Sec. 667.600. (WIA sec. 181.)”

In addition to the guidelines given in OETI #10-2011, OESC has published a standard procedure that further limits the types of businesses with which an OJT contract may be negotiated. The OESC’s

1 TEGL 04-10, published by the Department of Labor’s Employment & Training Administration, provides that, “OJT for this project is provided under a contract with an employer in the private for-profit and non-profit sectors. OJT opportunities may not be created in the public sector using these funds.”


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“Procedure for Establishing On-The-Job-Training Contracts (March 2011)” provides that OJT contracts may not be written with the following types of companies:

“1. Casino, Bingo Hall, Zoo, Golf Course, Swimming Pool, Aquariums

“2. Seasonal, Entertainment, Recreational

“3. Public Sector

“4. A staffing company (unless the staffing company is only recruiting for an employer and the prospective employee will be an employee of the company, not the staffing firm).”

(2) Participant Eligibility. OETI #10-2011 describes participant eligibility in the NEG/OJT program as follows:

• “In order to qualify for program participation with NEG/OJT funds, a person must first meet the definition of a dislocated worker as defined in WIA Section 101(9)….

• “Secondly, the person must have been laid off on or after January 1, 2008….

• “After meeting the first two criteria, the dislocated worker needs to be determined ‘prolonged unemployed.’ For the purposes of this initiative, ‘prolonged unemployment’ refers to those dislocated workers who have been unemployed longer than the state’s average Unemployment Insurance duration of 19 weeks. The 19 weeks of “prolonged unemployment” do not need to be consecutive. The number of weeks is the important indicator, not the UI status. Therefore, an individual not covered by UI may still be considered prolonged unemployed if the period of unemployment exceeded the state’s average UI duration….”

A Note About Services to Displaced Homemakers and Self-Employed Individuals. The definition of “dislocated worker” given in WIA Section 101(9) includes displaced homemakers. The meaning of the term “displaced homemaker” is defined in WIA Section 101(10):

(10) Displaced homemaker.--The term ``displaced homemaker'' means an individual who has been providing unpaid services to family members in the home and who--

(A) has been dependent on the income of another family member but is no longer supported by that income; and

(B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

COWIB has been advised that displaced homemakers may be served with NEG/OJT funds if they otherwise meet the eligibility criteria given in OETI #10-2011.

(3) Training Reimbursement Sliding Scale. OETI #10-2011 provides that OJT employers may be reimbursed for the extraordinary cost of training OJT participants. Under the terms of an OJT contract:

“The reimbursement amount will be a negotiated percentage of the wage being paid to the participant. The wage level on which the reimbursement is based cannot exceed the State’s average hourly wage or the ‘wage cap’ as described below. The negotiated reimbursement percentage may be as high as 90 percent of the participant’s hourly wage (subject to the wage cap) based on employer size as follows:

• “Up to 90 percent for employers with 50 or fewer employees;

• “Up to 75 percent for employers with 51 – 250 employees; and

• “For employers with more than 250 employees, the current statutory requirements (50 percent reimbursement) will continue to apply.”


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(4) Wage Cap. The wage cap for Oklahoma is given in OETI #10-2011 as $17.22 per hour. OETI #10-2011 provides that:

“While grantees may enter into contracts with employers who elect to pay participants more than the state average wage – the employer cannot receive a training reimbursement beyond a percentage (determined by the sliding scale) of the capped level. While employers are required to compensate OJT participants at the same rates as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills – if the job pays less than the capped level for similar work, the OJT wages and training reimbursement should be based on this lesser level. The OJT participant should not be paid more simply because the state’s average wage makes available a higher reimbursement threshold.”

(5) OJT Duration Limit. Pursuant to OETI #10-2011, the reimbursement period for any OJT contract under the NEG/OJT grant program will be limited to six months. “Individuals may not be co-enrolled in other DOL ETA programs for the purpose of extending OJT beyond six months.” (6) Oklahoma ServiceLink Entry Requirements and Performance Reporting. OETI #10-2011 provides the following guidance with regard to data entry requirements for the NEG/OJT grant program:

“Due to the high profile nature of these grants it is imperative that local staff take extra precautions and enter current and accurate information into all OSL demographic screens to ensure eligibility is properly documented. Prior to enrollment into OK14 NEG-OJT, staff must be diligent and update the program eligibility date, enter the number of weeks unemployed at the time of enrollment and update the Dislocated Worker screens to reflect the participant’s information. Participants that have a Dislocated Worker enrollment that was done prior to determination of eligibility for OK14 NEG-OJT must show current eligibility for the Dislocated Worker program prior to enrollment into OK14 NEG-OJT. Staff must enter accurate information pertaining to the participant’s employment status, number of week’s unemployed and the participant’s lay-off details including the most current date of separation from employment prior to enrollment in Dislocated Worker or OK14 NEG-OJT. This information will be used to verify to US DOL that we are serving the targeted population specifically identified in the grant application.

“Participants served with the OK14 NEG-OJT grant must be co-enrolled into the Adult, Dislocated Worker and LE programs to allow the provision of services not directly funded by this particular grant. In keeping with Oklahoma’s service integration initiative the first staff assisted service, after the determination of eligibility/data validation, will be the service that initiates the duel enrollment. The OJT itself is the only direct expenditure service that is allowed under this grant. The entry of the OJT service must include the occupational skills training code that pertains to the training, the name of employer providing the training, wage participant is earning and the percentage of reimbursement.

“The name and address of the employer providing the training must be entered into the Provider field, in addition to the employer’s address and phone number. The total wage the client is earning shall be entered in the total cost field and the percentage of reimbursement alone entered into the Note field of the Service and Training Plan. Staff must keep in mind that a core service and an intensive service must be provided prior to the start of the OJT.

“Outcomes for the OK14 NEG-OJT grant will be tracked through the WIA Quarterly Report, the Quarterly WIASRD record, the monthly Recovery Act Report and an additional NEG-specific report generated at the State level. Staff must take care to enter attainment of any recognized certificate, credential, or degree in the ‘Outcomes’ link on the ‘Program Details’ screen. Outcomes may be entered at any time during participation or up to the end of the 3rd quarter after program exit. The exit warning report must also be watched so staff can completely answer the ‘Exit Questions’ and provide information concerning the participant’s employment status at exit. Participants that have obtained employment during the course of participation must have that employment reported immediately upon exit by completion of the ‘Exit Questions.’ Those


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participants that have not obtained employment by the time they exit must have employment reported by answering the ‘Exit Questions’ anytime they do obtain it through the end of the grant period.”

A copy of the attached policy and procedures guide shall be distributed to managers and staff members of the COWIB’s Workforce Oklahoma career centers who are responsible for implementing any aspect of a WIA-funded On-the-Job Training activity.

On-the-Job Training Policy and Procedures for improving the productivity, employment, retention, and earnings of workers in the Central Oklahoma workforce investment area

Revised: October, 2014

Central Oklahoma Workforce Investment Board


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TABLE OF CONTENTS

Topic Page Number Table of Contents … … … … … … … … … 2 Purpose … … … … … … … … … … 3 Guidance … … … … … … … … … … 3 Board Roles and Responsibilities … … … … … … … 3 Policy … … … … … … … … … … 4 Procedures … … … … … … … … … 5

Background and Purpose … … … … … … … 5 Definitions … … … … … … … … … 7

General Requirements and Guidance … … … … … … 7 Employer Eligibility … … … … … … … … 7 OJT Job Development and Outreach … … … … … 10 Eligible Job Openings … … … … … … … 12 Pre-Award Review … … … … … … … … 15 State-Mandated Pre-Award Review … … … … … 17 Employer Orientation … … … … … … … 18

Training Outline … … … … … … … … … 19 Method and Sequence … … … … … … … 20 Expected Training Duration … … … … … … 20 Adjusting the Length of Training … … … … … … 23 Maximum Length of Training … … … … … … 25 Technical Assistance … … … … … … … 27

Participant Eligibility … … … … … … … 27 Training Agreement / Contract … … … … … … … 29

Employer Reimbursement … … … … … … 30 Contract Modifications … … … … … … … 32 After the Contract is Signed … … … … … … 33

Contract File … …. … … … … … 33 Reporting and Record Maintenance … … … … 33 Monitoring and Recordkeeping … … … … … 34

Attachment A: Eligible OJT Occupations in Central Oklahoma … … … 36 Attachment B: Job Zones … … … … … … … … 40 Attachment C: Employer Eligibility Review Sheet … … … … 43 Attachment D: Pre-Award Review Sheet … … … … … … 45 Attachment E: State-Mandated Pre-Award Review Form … … … 47 Attachment F: OJT Training Outline … … … … … … 50 Attachment G: OJT Timesheet / Invoice … … … … … … 53 Attachment H: OJT Monthly Performance Review … … … … 55 Attachment I: OJT Participant Evaluation … … … … … 57 Attachment J: OJT Agreement / Contract … … … … … 59 Attachment K: Excerpts from the WIA Final Rules … … … … 70 Attachment L: Employer Orientation Verification Form … … … … 78 Attachment M: Sliding Scale for OJT Reimbursements … … … 80

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POLICY 1. The Central Oklahoma Workforce Investment Board will ensure that training services such as OJT are available to be provided to individuals who:

• Meet the eligibility requirements for WIA;

• Are enrolled and actively participating in Core, Intensive and Training Services;

• Have been determined after case management to need OJT to complete training or obtain / retain employment; and

• Are unable to obtain the OJT from another source or require WIA assistance in addition to other programs providing such service.

2. Central Oklahoma Workforce Investment Board will determine the annual contractor budget available for OJT -- contingent on the approval of the COWIB Finance and Executive Committees after receiving the recommendation of the Board Staff. 3. On behalf of the Central Oklahoma Workforce Investment Board, the Board Staff will develop procedures based on this policy that conform to the pertinent legislation, regulation, state issued polices, and the Board’s intent to provide quality customer services in a timely manner. 4. Any modifications to the OJT Procedures will be based on federal and state legislation, regulation, state issued polices, and COWIB policies. 5. The COWIB Chief Executive Officer is authorized to issue additional instructions, guidance, forms, etc., to further implement the requirements of this policy.


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PROCEDURES: Background and Purpose According to the Bureau of Labor Statistics, “On-the-job training, not academic coursework, is the most significant source of preparation for most occupations.” 2 In Oklahoma, according to information published by the Oklahoma Employment Security Commission, about 31.8% of jobs require some level of on-the-job training, as shown in this table:

Employment and Openings Based on Education, Training and Experience State of Oklahoma Employment Education, Training and Experience 2004 2014 Growth First professional degree 21,570 24,660 14.3% Doctoral degree 9,820 12,190 24.2% Master’s degree 29,490 35,150 19.2% Work experience plus bachelor’s or higher 87,260 100,460 15.1% Bachelor’s 174,420 201,010 15.2% Associate degree 55,750 67,790 21.6% Postsecondary vocational training 106,480 122,710 15.3% Work experience in a related occupation 113,060 122,960 8.8% Long-term on-the-job training 110,350 124,100 12.5% Moderate-term on-the-job training 344,240 374,950 8.9% Short-Term On-the-Job Training 566,960 626,030 10.4% Total 1,619,400 1,812,000 11.9%

SOURCE: Oklahoma Employment Security Commission, “Oklahoma Employment Outlook 2014.”

Furthermore, according to BLS, more than two-thirds of jobs in the United States require some level of on-the-job training in order to attain competency. This is evident from a review of the BLS table, “Employment by summary education and training assignment, 2012 and projected 2022.” Here is an excerpt:

URL: http://www.bls.gov/emp/ep_table_education_summary.htm

2 Bureau of Labor Statistics, Occupational Outlook Quarterly: Winter 200-01. Found online at www.bls.gov/opub/ooq/2000/winter/oochart.pdf.


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OJT involves the acquisition of specific skills and employment competencies, through exposure in an actual work setting, to the processes, work tasks, tools and methods of a specific job or group of jobs.3 There are two basic types of On-the-Job Training-- (1) Informal. In this type of OJT, the trainee learns by:

(a) Observation of a fully-trained and accomplished worker; and

(b) Practice. In an informal OJT training system, a skilled worker -- who may also be the trainee’s supervisor -- provides coaching and mentoring in the processes, work tasks, tools, and methods of the job. The content of the training is frequently undocumented. The sequence of the training program is often dictated by the order of the production process as opposed to a building-block approach in which simpler tasks are learned first. Various elements of the training outline are sometimes presented in a hit-or-miss fashion. The standards for completion of each task may or may not be well-defined. This type of training is sometimes referred to as, “Unstructured OJT” or the “Follow Joe Around” approach. It is the easiest type of OJT training to implement, but it is considered to be unreliable, ineffective, and inefficient.4 (2) Formal, Structured OJT: In this second type of OJT, a more rigorous approach is taken to the delivery of the training elements. As with Informal OJT, this type of On-the-Job Training is based on observation and practice. However, the training is presented in a more intentional fashion. Life Cycle Engineering, Inc. -- a consulting company with branch offices in several states -- has published a paper that describes the advantages of a Structured OJT approach, including: 5

• “It is based upon a Job and Task Analysis (JTA) where the specific tasks required for the job are identified and the necessary skills and knowledge required to perform the tasks are listed.

• “It allows for sequencing the tasks from simple to complex thereby facilitating a building block approach to learning.

• “It describes the conditions that the task is to be performed under and the standard that the task is to be performed to.

• “It eliminates extraneous information so that the trainee is focused upon only the information needed to master task performance.

• “It provides a training guide and an evaluation guide so that both the trainer and the trainee know what is expected for task mastery.

• “It provides documented evidence of training and evaluation for each task.” 3 Source: Valley Works Career Center. Reference: http://www.valleyworks.cc/ojt.htm. 4 Source: Hands-On Training, a service of the Paradigm Corporation; Reference: http://www.handsontraining.org. 5 “Advantages of Structured over Unstructured On-The-Job Training (OJT); undated. Reference: http://www.lce.com/pdf/OJTarticle_gwaltney.pdf.


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The Central Oklahoma Workforce Investment Board proposes to invest a portion of Central Oklahoma’s WIA grant resources into properly structured, supervised On-the-Job Training activities that will have the effect of:

(1) Supporting the competitiveness of employers in the Central Oklahoma area by building the skills and competencies of their workers; and

(2) Providing an effective occupational skills training activity for job-seeking customers to support their long‐term employment with the opportunity for wage progression.

To accomplish this, the COWIB will support the development of a limited number of training partnerships with Central Oklahoma businesses. The partnerships will be formalized in a series of On-the-Job Training Agreements. The Agreements will define the terms and conditions under which WIA grant funds may be used to reimburse each employer for the extraordinary costs of providing on-the-job training to workers who are eligible for WIA program assistance. It is the intention of the COWIB that nothing in this document shall require its Board Staff or Service Providers to violate any law, rules, regulation or policy. The procedures described herein may be periodically revised as needed.

DEFINITIONS WIA Section 101 (31) defines On‐Job‐Training as:

“Training by an employer that is provided to a paid participant while engaged in productive work in a job that:

• “provides knowledge or skills essential to the full and adequate performance of the job;

• “provides reimbursement to the employer of up to 50% of the wage rate of the participant for extraordinary costs of providing the training and additional supervision related to the training; and

• “is limited in duration, as appropriate to the occupation for which the participant is being trained, taking into account, the content of the training, the prior work experience of the participant in that occupation, and the service strategy of the participant.”

Structured OJT activities are directed at employers who have job openings in high-growth, high-demand occupations in targeted industry clusters. Employers may use OJT in these instances by hiring and then training eligible WIA participants.

GENERAL REQUIREMENTS AND GUIDANCE Employer Eligibility

In general, employers are eligible to participate as OJT employers if they have openings in occupations that meet the COWIB’s criteria (described later in this guide). Employers selected as OJT contractors must meet the following program guidelines:


8

• Must provide information such as an IRS Employer Identification number and a State Employer Account number to demonstrate that they are a legitimate employer, having full‐time employees, and conducting their trade or business at an appropriate worksite; and

• Must not be involved in a current labor dispute and must not have a history of frequent layoffs; and

• Must not utilize an OJT contract to displace currently employed workers or to reduce the hours of those employed workers below their normal schedule; and

• OJT contracts cannot be written for a position in which a worker is currently on layoff or for a position which will deny a current worker promotional opportunities; and

• If the employer was previously involved in an OJT training program or similar activity, prior performance will be utilized to assist in determining contract approval.

Other OJT Employer requirements and restrictions include:

• The employer is required to certify his / her intention to retain the trainee after the subsidized training period if the trainee accomplishes the stated training goals outlined in the OJT contract.

• Trainees hired under this program will be subject to the same personnel policies, rules and regulations, and accorded the same benefits as the other employees of the company.

• Employers must carry Workers’ Compensation insurance and make Federal and State Tax withholdings as required by law. In addition, the individual trainee payroll tax records and receipts for services (if applicable) must be maintained and available for review for a minimum period of three years after the end of the training period.

• The employer must comply with requirements of the Civil Rights Act with respect to equal opportunity in employment for the OJT position as well as comply with all federal, state, and local laws.

• All employers are required to have a grievance process in place, and shall follow the grievance process in all matters related to the OJT trainee.

• Conditions of employment and training will be in full accordance with all applicable federal, state, a local laws (including but not limited to health and safety laws), and be appropriate and reasonable regard to type of work undertaken and the proficiency of the participant.

• If the employer operates under a collective bargaining agreement, the wage and benefits must be those specified in that union agreement and the job opening must be cleared with the appropriate union.

• Employer certifies that no person was displaced as a result of relocation of the current business during the immediate 120 days previous to the signing of the OJT Agreement.

• The OJT occupation must not involve religious or political activity.

• The OJT must be conducted at the employer’s place of business or another site, and


9

may not be subcontracted.

• The OJT employer must certify that neither the employing company nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or excluded from participation by any federal department or agency.

• The OJT agreement will provide that the employer will maintain and make available time and attendance, payroll, and other records to support amounts invoiced and reimbursed under OJT contracts.

• No individual may be employed in an OJT position if a member of his / her family is engaged in an administrative capacity with the OJT employer, including any person involved with the selection, hiring, placement or supervision responsibilities for the OJT trainee.


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OJT JOB DEVELOPMENT AND OUTREACH OJT development will begin through an outreach process in which potential qualified employers are identified and OJT contracts are written. Employer outreach will be a joint responsibility of:

(1) The COWIB’s One-Stop Operator;

(2) Other WIA Title I Service Providers in the Central Oklahoma area; and

(3) The Business Connections Unit. The One-Stop Operator will assure that properly-trained staff members (from the Staffing Unit and/or the Skills Development Unit) are assigned to the task of engaging qualified employers. The One-Stop Operator will develop effective outreach tools and protocols that are appropriate to the needs of Central Oklahoma businesses. To the extent possible, all outreach methods and materials will be designed from a business perspective. Outreach activities should be delivered in a manner that highlights the benefits of properly-designed Structured OJT activities. The COWIB’s Chief Executive Officer will have the ultimate authority to approve all outreach methods, materials, and tools. The COWIB’s Business Connections Unit will support this effort. As stated in the COWIB’s Two Year Plan for Program Years 2007 and 2008, the Business Connections group:

“…Will work to eliminate duplication as we serve the business community and work together to develop new strategies for improving services as we interact with employers. Business Connections partners will share information as it relates to the needs of business and from that sharing they will then plan on implementing improvements to the workforce development system.” 6

The COWIB’s Two-Year Plan identifies Business Connections as the Board’s “lead organization in identifying workforce issues and working to solve them in a collaborative fashion.”7 In every instance in which the Business Connections Unit or the One-Stop System engages an employer, care shall be taken to assure that no funds received under Title I of WIA will be used to assist, promote, or deter union organizing.8

6 Two-Year Plan (as published for comments on the COWIB’s website). Page 19. Reference: http://www.cowib.org/documents/Draft%20Two-Year%20Plan%20PY07%20and%2008.pdf. 7 Two-Year Plan, . 8 “(7) No impact on union organizing.--Each recipient of funds under this title shall provide to the Secretary assurances that none of such funds will be used to assist, promote, or deter union organizing.” (WIA Section 181(b)(7)).


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Suitable Employers Careful attention should be given to the selection of suitable OJT employers. The optimum OJT activity is one in which there is a perceived benefit for both the employer and the COWIB. Considerations for Employers. Participation in a Structured OJT activity may be advantageous to an employer in a number of different situations. For example, one or more of the following circumstances may indicate the suitability of a COWIB-sponsored OJT activity:

• The employer has experienced dramatic job growth. There is a need to train people in new skills and new positions.

• The labor supply of qualified applicants from local vocational schools is unreliable or insufficient.

• The employer has one or more occupational classifications with a Specific Vocational Preparation (SVP)9 time of 1 to 12 months.10

• Employee retention is problematic. There is a need to replace retiring workers in an efficient and economical fashion.

• Technological changes are driving changes in the employer’s processes / services. Job requirements are being re-defined. Workers must learn new skills.

Considerations for the COWIB. An OJT activity may be considered advantageous to the COWIB when the employer:

(a) Meets the Employer Eligibility Guidelines established by the COWIB; and

(b) Affirms a commitment to enter into an On-the-Job Training Agreement. The COWIB and its Service Providers will actively recruit the participation of eligible employers which meet the following profile:

• The employer is in compliance with federal, state and local laws, etc.;

• The employer maintains a safe working environment for its employees;

• The employer offers wages and benefits that are competitive in the labor market;

• The employer has adequate staff and equipment to carry out the on-the-job training component; and

• There is a reasonable expectation that successful OJT trainees will be retained in employment with opportunities for career advancement and wage progression.

OJT contracts may be written with employers from the public, private non-profit, or private for-profit business sectors. 9 “Specific Vocational Preparation, as defined in Appendix C of the Dictionary of Occupational Titles, is the

amount of lapsed time required by a typical worker to learn the techniques, acquire the information, and develop the facility needed for average performance in a specific job-worker situation.” Source: O*Net Online, URL: http://online.onetcenter.org/help/online/svp.

10 Although the SVP may be from 1 to 12 months or longer, OETI #11-2011 provides that, “OESC has determined that no OJT Contract shall exceed 1040 hours.”


12

Previous OJT Agreements. Whenever it is determined that an eligible employer has participated in a previous OJT Agreement with the COWIB or with another local workforce investment board, a review of the performance of the contract will be performed. The COWIB’s Board Staff or Service Provider will:

• Obtain the dates and contract number(s) of the OJT Agreement(s); and

• Review available information regarding the status of participants trained under these contracts.

Information used to determine the employer’s past performance will include:

(a) Dates of prior participation;

(b) Number of OJT participant(s);

(c) Number who completed training;

(d) Number of participant(s) who retained employment at the end of the contract period;

(e) Wage information; and

(f) Current employment status of the participant(s). If the retention rate was lower than expected, the employer will be asked to provide an explanation that will justify a lower retention rate compared to other similarly situated employees. For example, participants may have quit voluntarily or may have been terminated for cause or unforeseeable changes in business conditions. It must be explained to the employer that it is expected that the OJT participant will be retained at the end of the OJT contract providing all terms have been met. NOTE: The COWIB will not approve a contract with an employer who has previously exhibited a pattern of failing to provide OJT participants with continued long-term employment with wages, benefits, and working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work. (WIA sec. 195(4).) In describing the minimum requirements for OJT training, OETI #11-2011 provides that:

“Training is to be provided by an employer that: “Has not failed to meet the requirements of a previous OJT Contract. The exception to this requirement is if the employer failed to meet the requirements of a previous OJT Contract through no fault of his/her own.”

Eligible Job Openings (Vacant Job Positions) As noted earlier in this section, the COWIB’s Structured OJT program is directed at employers who have job openings in high-growth, high-demand occupations in targeted industry clusters. To be precise, the COWIB’s policy and procedures refer to:

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14

Targeted Industries in the Central Oklahoma Workforce Investment Area Industry Cluster 2007 Estimate 2008 Forecast Growth Government 113,590 115,130 1.4% Professional & Business Services 73,510 74,870 1.8% Local Health Care Services 64,690 66,650 3.0% Manufacturing 37,830 36,890 -2.5% Finance & Insurance 23,120 23,070 -0.2% Construction 27,530 28,270 2.7% Logistics (Transportation, Warehousing, etc.) 16,160 16,260 0.6% Hospitality, Tourism & Recreation 12,160 12,150 -0.1% Educational Services 8,400 8,620 2.6%

NOTES: (1) Source: “The Oklahoma Economy: 2008 Metropolitan Area Outlook,” OSU Center for Applied Economic

Research. Release Date: January 4, 2008. URL: http://economy.okstate.edu/outlook/2008/2008%20Oklahoma%20Economic%20Outlook%20-%20MSA.pdf

(2) To define employment in the “Hospitality, Tourism, & Recreation” cluster, this table uses data from the “Leisure & Hospitality” Industry, including employment in Arts, Entertainment, Recreation & Accommodations.

• Compensation for the individual hired into the position must be described in terms of a salary or hourly wage. Earnings in the form of a commission are permitted. However, neither commissions nor tips nor piecework should be the primary source of compensation for the employee.

o Through the OJT contract, an Eligible Employer may be reimbursed for up to 5013 percent of the wages earned by the trainee during the training period. Compensation to the employer will be based on wages only – not commissions, tips, piecework, etc.

Prohibited Occupations. OJT contracts shall not be written for the following occupations:

• Occupations that have not traditionally required specific occupational training as a requirement for employment. For example, low-skill jobs would be excluded, especially those that require only a short orientation to the job or only a minimal amount of work experience.14

• Occupations with a substantial number of able unemployed workers in the local labor market.

13 Oklahoma has received a waiver from the U.S. Department of Labor permitting OJT contracts to be written with

payment terms exceeding the standard 50 percent maximum reimbursement. The waiver is in effect through June 30, 2017. Based on the size of the business, OJT contracts may provide for the reimbursement of trainee wages: • Up to 90 percent for employers with 50 or fewer employees; • Up to 75 percent for employers with more than 50 but fewer than 250 employees; • For employers with more than 250 employees, the current statutory maximum will continue to apply.

14 OETI #11-2011 provides that, “OJT Contracts should not be written for jobs: Where an employer would typically be able to train a new employee in the first few days or weeks on the job….”


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• Occupations that have an “SVP” training time of more than 12 months – unless the OJT trainee has substantial related experience so that proficiency in the occupation can be attained within a reasonable training time. For example, if the qualifications for the job include possession of a professional license or completion of a post-secondary degree, then it is likely that the position is ill-suited for On-the-Job Training.

• Occupations involving religious activities.

• Occupations related to political, electoral, or partisan activities.

PRE‐AWARD REVIEW Employer Eligibility After a potentially suitable employer has been identified, a pre‐award survey must be conducted prior to the writing of an OJT contract in order to verify that the employer is eligible for an OJT contract. Ideally, the review should be completed before any potential trainees are referred to the employer for possible participation in an OJT activity. The review should be conducted by an independent evaluator. That is, it must be completed by a staff person other than the individual who was responsible for the initial outreach to the employer. For example, if the employer outreach was performed by an individual in the Staffing Unit, then the independent review may be completed by:

• A workforce professional in a different unit – e.g., Skills Development; • Any functional unit supervisor; or • A member of the COWIB’s Business Services Team or Business Connections Unit.

The review will be completed using the form in the Forms Section of this document. At a minimum, the review will contain the following information:

• Is the employer properly classified as a business in one of the COWIB’s targeted industries?

o Pursuant to the COWIB’s Two-Year Plan for Program Years 2007 and 2008, the Targeted Industries for the Central Oklahoma area are Government, Professional & Business Services, Local Health Care Services, Manufacturing, Finance & Insurance, Construction, Logistics (Transportation, Warehousing, etc.), Hospitality, Tourism & Recreation, and Educational Services.

• Is the employer a “relocating establishment?” That is, have any of the employer’s operations been relocated within the last 120 days resulting in a loss of employment for any employee at the original location?

o A “relocating establishment” means a business entity, including a successor in interest, which is moving any operations from a facility in one labor market within the United States and its territories to a new or expanding facility in another labor market area. This includes an establishment which moves its operations within labor market areas in a state for 120 days after the commencement or the expansion of commercial operations of are locating establishment. No funds provided under WIA shall be used for on‐job‐training for any relocating establishment or part thereof if such relocation resulted in a loss of employment for any employee of such establishment at the original location.


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• Does the employer’s accounting system document payroll, payroll deductions, and the hours worked?

o Employer must demonstrate financial accountability in securing and implementing an OJT contract.

o Financial stability in expending Federal training dollars is a factor in awarding OJT contracts.

• Will the On-the-Job Training activity be carried out at the employer’s place of business?

o OJT must be conducted at the employer’s place of business and may not be subcontracted.

• Does the employer have a skilled worker available who is able to function in the role of OJT instructor?

• Is the worksite safe and sanitary?

• Have there been any wage and hour, or child labor law violations in the past twelve (12) months?

o OJT training shall not be conducted at worksites where adequate provisions have not been made for the OJT participant’s occupational safety and general health.

• Does the employer provide worker’s compensation or accident insurance?

• Is the proposed OJT position covered by a collective bargaining agreement?

o OETI #11-2011 provides that, “[OJT] Training is to be provided by an employer that… Has not violated the terms of any collective bargaining unit.”

o If the employer operates under a collective bargaining agreement, any OJT Agreement that results from this process must be cleared with the appropriate union before it takes effect.

• Is there a written job description for the proposed OJT position?

• Is the job properly classified as a Demand Occupation15 in the Central Oklahoma workforce investment area?

• Are the minimum qualifications for the position included in the job description?

• Is the position full or part‐time?

o Occupations must require at least 32 hours of work per week and should enhance the worker’s opportunity to achieve self-sufficiency.

• Is the position permanent, temporary, or seasonal?

o Occupation must not be seasonal, intermittent, or temporary.

• What is the turnover history for workers in this position during the past year?

o The COWIB will not approve a contract with an employer who has previously

15 A list of “demand occupations” may be found on the COWIB’s website at: www.cowib.org.


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exhibited a pattern of failing to provide OJT participants with continued long-term employment with wages, benefits, and working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work. (WIA sec. 195(4).)

• Has the employer reduced its workforce with the intention of filling the vacancy(ies) with the individual(s) receiving training through an OJT Contract?

o COWIB will not permit an OJT Contract if there is the appearance that an employer’s workforce has been reduced in anticipation of filling vacancies with OJT trainees.

o COWIB will not permit an OJT Contract that results in the displacement of a currently employed worker.

• Are wages and fringe benefits for the position equivalent to similar positions with the employer?

• What about any similar positions in the labor market?

o Contracts will not be written with employers who do not provide OJT participants with continued long‐term employment with wages, benefits, and working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work. (WIA sec.195(4)).

• Does the position pay a commission?

o Occupations written in the OJT contract must not involve payment in the form of commissions, tips, or piecework as the primary source of reimbursement to the OJT participant.

STATE-MANDATED PRE-AWARD REVIEW In addition to the Employer Eligibility Review and the Pre-Award Review, the Oklahoma Employment Security Commission requires the completion of a 2-page “Pre-Award Review Form.” (See Attachment E). The Review Form includes seven statements that the employer must attest to. In addition, the employer must sign a statement agreeing to “defend, indemnify, and save” the state of Oklahoma and other parties from “liability, loss, damage…,” etc. As described in OETI #11-2011, the Pre-Award Review Form includes the following:

• “The names under which the establishment does business, including predecessors and successors in interest;

• “The name, title, and address of the company official certifying the information;

• “Whether WIA assistance is sought in connection with past or impending job losses at other facilities;

• “Whether WARN notices relating to the employer have been filed;

• “Whether Worker’s Compensation coverage is provided to employees;

• “The employer has not had any wage and hour or child labor violations during the past 12 months;


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• “The training activity shall not impair an existing contract for services or collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned;

• “The employer has not exhibited a pattern of failing to provide WIA enrolled training participants with continued long-term employment with wages, benefits, and working conditions equal to that of regular employees doing similar work for a similar length of time16; and

• “The number of employees currently employed.” If the employer is unable or unwilling to sign the State-Mandated Pre-Award Review Form, then no contract can be executed.

EMPLOYER ORIENTATION As an integral part of the employer outreach and eligibility review process, the COWIB will provide an orientation to the employer regarding the purpose of the OJT program, the terms of any eventual contract, and other topics outlined in OETI #11-2011.17 The employer orientation may be provided by COWIB staff, by a staff member of the COWIB’s Business Connections unit, or by a designated staff member of the COWIB’s One-Stop Operator. The employer orientation will be designed to ensure that the OJT employer understands:

• The contract terms; • The purpose of the OJT (including the training plan); • The best method of communicating with the service provider; • The process of preparing and submitting the timesheet; and • That the OJT participant must receive an orientation from the employer, which includes

the employer’s expectations, training, and evaluation methods.

The orientation may be provided in segments or all at once in a single meeting / conversation / communication. Regardless of how the orientation is delivered, the employer will be offered the opportunity to ask questions and seek clarifications about program guidelines and requirements. OETI #11-2011 provides that documentation of the employer orientation must be maintained in the OJT Contract file.18 In Central Oklahoma, we will document the orientation by completion of an Employer Orientation Verification Form. A copy of the form is given in Attachment L.

16 Later in OETI #11-2011, the state policy provides that:

“Training is to be provided by an employer that: “Has not failed to meet the requirements of a previous OJT Contract. The exception to this requirement is if the employer failed to meet the requirements of a previous OJT Contract through no fault of his/her own.”

17 The employer orientation is a requirement of OETI #11-2011, “Oklahoma’s Final On-the-Job Training Policy.” See Page 5.

18 OETI #11-2011, “Oklahoma’s Final On-the-Job Training Policy.” Page 9.


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TRAINING OUTLINE The COWIB supports investments in Structured OJT activities that can be expected to improve the productivity, employment, retention, and earnings of workers in the Central Oklahoma area. A central feature of the Structured OJT activity is the Training Outline. A Training Outline will be prepared and included as a part of each OJT Agreement. If more than one individual is to be trained under an OJT Agreement, and the training time is different for each, then a separate Training Outline will be required for each participant based on the individual need of each participant. OJT involves the acquisition of specific skills and employment competencies, through exposure in an actual work setting, to the processes, work tasks, tools and methods of a specific job or group of jobs. Therefore, the minimum elements of a Structured OJT Training Outline include:

(1) Training Location. Provide a description of the work setting(s) in which the OJT activity will be conducted, including the location of the training and the conditions that the work will be performed under.

(2) Trainer / Supervisor. The trainer(s) who will be assigned to the OJT activity should be identified by name and job title. The supervisor of the OJT activity should also be given by name and job title.

(3) Work Processes. Provide a description of the general processes that will be performed by the trainee in the context of his / her OJT assignment. The description should help the trainee to understand the importance of the OJT position in the context of the company’s product / service delivery objectives.

(4) Specific Tasks. A description should be given of the specific tasks that are part of the work processes. The Specific Tasks should have a logical correlation to the job description for the position being trained for.19 The description must include:

• A list or description of the tools that are required for each task;

• A list or description of the work methods for each task;

• The length of training time required to master, through observation and practice, each job task;

• To the extent possible, the standard that each task is to be performed to; and

• A statement of the evaluation methods that will be used to measure the trainee’s mastery of each job task.

(5) KSA’s. Provide a description of the Knowledge, Skills, and Abilities that will be developed through the OJT experience. (These may be described in (3), above).

(6) Documentation System. This will be a description of how the evidence of training and evaluation will be recorded and maintained.

(7) Training Duration. This will be a statement of the total length of time that is expected for completion of the On-the-Job Training activity.

19 As provided in OETI #11-2011, the rationale for the “skills and competencies to be learned” should be described.


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(8) Definition of Successful Completion. This should be a statement of what constitutes successful completion of training such as minimum number of hours to be completed, employer evaluation, and/or minimum mastery of skills.

Method and Sequence It is not necessary for the Training Outline to include an exact description of the sequence of training or the training methods that will be used by the OJT Employer. The employer should be free to use creativity and intelligence in the use of training methods. This may include sequencing the training in terms of the complexity of the Specific Tasks to be learned. Alternately, the employer may choose to organize the training so that skills are learned in the sequence they occur in the Work Process. Expected Training Duration It should be recalled that, pursuant to Section 101(31) of the Workforce Investment Act, On-the-Job Training is:

“…limited in duration, as appropriate to the occupation for which the participant is being trained, taking into account, the content of the training, the prior work experience of the participant in that occupation, and the service strategy of the participant.”

Therefore, the Training Outline must be limited to the period of time required for a customer to become proficient in the job for which the training is designed. In determining the appropriate duration of training, consideration should be given to:

• The skill requirements of the job;

• The academic and occupational skill level of the customer;

• Prior work experience; and

• The customer’s Individual Employment Plan. In most cases, it will not be possible to precisely define Training Duration without knowing the specific knowledge, skills, and abilities that are possessed by the OJT Training Candidate – that is, the individual who is being considered for the OJT position. Even so, the Training Outline should describe the expected duration of training – presuming that the OJT Candidate does not possess any special knowledge, skills, or abilities that are particular to the job. To assure that the length of the proposed training is reasonable, the COWIB will require the Training Duration to be justified – that is, it must be validated by comparison with an objective industry standard. Comparative standards may be derived from a number of sources, such as:

• Industry associations / organizations;

• Approved apprenticeship programs; and/or

• Dictionary of Occupational Titles / Specific Vocational Preparation levels, as published by the U.S. Department of Labor.

As a minimum requirement for validation, the Specific Vocational Preparation (SVP) Code for the OJT occupation must be considered. The COWIB has determined that the SVP formula provides a useful benchmark or point of comparison in developing a Training Outline.


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Therefore, it will be used in determining the appropriate length of On-the-Job Training. However, it should not be the sole tool used in determining how much training a participant requires in order to be a productive employee. The SVP Approach. The Specific Vocational Preparation (SVP) procedure assists in the justification of the length of the training because it uses a recognized point of reference – the “Job Zone” description that is standard for more than 800 occupations included in the Department of Labor’s O*NET online database. The following steps are essential to the SVP approach:

• Refer to the written job description for the proposed OJT position. If none exists, write one based on the employer’s verbal description. Ask supervisors and current employees holding the job to review it for accuracy.

• Access the O*NET online database at: http://online.onetcenter.org.

• Click on the “Find Occupations” link.

• Use the “Search” feature of the O*NET system to find the O*Net Code which corresponds most closely to the job title for the proposed OJT position. A word, phrase, or title may be entered into the “Search” function in order to find a suitable O*Net occupational code. The O*NET system permits you to conduct your search on the basis of Keyword, Job Family, High Growth Industry, O*Net Descriptor, or other parameters.

• Determine the most suitable O*Net occupational code for the proposed OJT position. Use the code which most accurately describes the job under analysis.

• After determining the O*Net code for the OJT position, refer to the Summary Report for the selected occupation. Within the Summary Report, find the “Job Zone” description. A Job Zone is a group of occupations that are similar in terms of the workforce preparation that is required to perform the work.20

• Within the Job Zone description, find a listing of the SVP level for the occupation. About SVP Levels. The SVP level provides a numerical code (1 – 9) which provides guidance on the length of training required to learn the job. This can be training, education, experience or some combination. Here’s how O*Net Online website addresses the topic of SVP levels:

“Specific Vocational Preparation is a component of Worker Characteristics information found in the Dictionary of Occupational Titles (U.S. Department of Labor, 1991). “Specific Vocational Preparation, as defined in Appendix C of the Dictionary of Occupational Titles, is the amount of lapsed time required by a typical worker to learn the techniques, acquire the information, and develop the facility needed for average performance in a specific job-worker situation. “This training may be acquired in a school, work, military, institutional, or vocational environment. It does not include the orientation time required of a fully qualified worker to become accustomed to the special conditions of any new job. Specific vocational

20 Additional information about “Job Zone” descriptions are given in Attachment B.


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training includes: vocational education, apprenticeship training, in-plant training, on-the-job training, and essential experience in other jobs. “Specific vocational training includes training given in any of the following circumstances:

1. “Vocational education (high school, commercial or shop training, technical school, art school, and that part of college training which is organized around a specific vocational objective)

2. “Apprenticeship training (for apprenticeable jobs only)

3. “In-plant training (organized classroom study provided by an employer)

4. “On-the-job training (serving as learner or trainee on the job under the instruction of a qualified worker)

5. “Essential experience in other jobs (serving in less responsible jobs, which lead to the higher-grade job, or serving in other jobs which qualify).”

O*Net Online gives the following explanation of the various levels of specific vocational preparation:

Level Time 1. Short demonstration only 2. Anything beyond short demonstration up to and including 1 month 3. Over 1 month up to and including 3 months 4. Over 3 months up to and including 6 months 5. Over 6 months up to and including 1 year 6. Over 1 year up to and including 2 years 7. Over 2 years up to and including 4 years 8. Over 4 years up to and including 10 years 9. Over 10 years Note: The levels of this scale are mutually exclusive and do not overlap.

The COWIB has a policy of investing in OJT training activities for job positions that have a Specific Vocational Preparation (SVP)21 time of 30 days or longer.22 Consequently, an Eligible Job Opening must generally have an SVP Level of 3, 4, or 5. There are, literally, dozens of occupations that correspond to an SVP level in this range – from Auto Body Repairer (O*Net Code 49-3021.00) to Word Processor and Typist (43-9022.00). 21 “Specific Vocational Preparation, as defined in Appendix C of the Dictionary of Occupational Titles, is the amount of lapsed time required by a typical worker to learn the techniques, acquire the information, and develop the facility needed for average performance in a specific job-worker situation.” Source: O*Net Online, URL: http://online.onetcenter.org/help/online/svp. 22 Although the SVP may indicate that a training time of 1 to 12 months or longer is appropriate, “OESC has determined that no OJT Contract shall exceed 1040 hours.” (OETI #11-2011).


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A list of more than 100 “OJT Eligible” occupations in the Central Oklahoma area is provided as an attachment to this policy guide (See “Attachment A”). The following conversion chart is designed to translate the O*Net Online training guidelines from months to hours. This chart is a statement of the typical duration of training that is required for a worker to become proficient in a job with an SVP level of 3, 4, or 5:

SVP Level Maximum Hours Length in Weeks 3 or under 520 13 weeks 4 1040 26 weeks 5 2080 52 weeks

As stated previously, the SVP formula provides a useful benchmark or point of comparison in developing a Training Outline. However, it should not be the sole tool used in determining how much training a participant requires in order to be a productive employee. Other sources to consult in determining the appropriate duration of training include:

Industry associations / organizations;

Apprenticeship training programs for the same or a similar occupation;

Training manuals used by companies or equipment suppliers; and/or

Local Career Tech representatives who can provide information about the customary length of time required to learn a particular skill or task.

Finally, it should be recalled that the duration of an OJT training activity must take into account “…the prior work experience of the participant in that occupation, and the service strategy of the participant.” Adjusting the Length of Training for an Individual OJT Candidate The SVP provides guidance in estimating the amount of time required to learn the skills and develop the abilities to perform the job in which the trainee has been placed. It is something of a “blunt instrument”, however, because it does not account for the training and/or education an OJT Training Candidate may already possess from prior employment and/or from life experiences. Many workers bring with them “transferrable skills” that may be related to the abilities required for an OJT training occupation. To account for an OJT Candidate’s previous work experience and training, an adjustment procedure is needed. Through experience, COWIB has determined that that there is no easy way to adjust the length of training required for an individual OJT Training Candidate. Each worker possesses a unique history of training, work experience and educational credentials. And, even though the O*Net system provides a valuable classification system for occupational titles, it is not appropriate to presume that two workers in the same job classification are identical in terms of knowledge, skills, or abilities.


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Therefore, when considering how to adjust the length of OJT training for an individual trainee, COWIB does not endorse a cookie cutter approach. Rather, we will require a written justification to be prepared and entered into the contract file. The justification does not need to be lengthy or elaborate. However, it should – within the scope of a one-page document or less -- provide a rationale for the length of training. The justification should describe any related work experience possessed by the OJT Training Candidate as well as any related training and education. If possible, it should describe how this training / education / work experience is relevant to the specific job in the proposed OJT contract. The determination of the proper duration of the training may be made in consultation with the OJT Employer as part of the contract negotiation process. COWIB recognizes that the adjustment process must rely, to a large extent, on a subjective assessment of the relevance of previous training / education / work experience. Even so, the justification should offer a convincing rationale – so that a prudent person reviewing the adjustment decision would be reasonably satisfied that an honest attempt was made to determine the proper length of training. In order to determine which jobs are “related” to the OJT Training occupation, the resources of the O*Net Online website should be used:

• Refer to the O*Net Summary Report for the selected OJT Training occupation. • Within the Summary Report, find a listing of “Related Occupations.” • Compare the list of Related Occupations to the OJT Candidate’s work history and

educational experience. As defined by O*Net, a “related occupation” is one which is similar to the selected OJT Training occupation based on knowledge areas, skills, abilities, work environment, and work activities.23 “Directly related education or training” means exactly what it says. For example, if an OJT contract is being prepared for a machine operator position, and the job description requires the ability to read blueprints, then the time spent in a blueprint reading class should be factored into the total time needed for the OJT. On the other hand, a general secondary school course in Industrial Arts would not necessarily be training related, and therefore, would not effect the total training time. It is the intent of this Policy that all OJT Training Plans will be written for skills that trainees do not already possess. Care must be given to check the trainee’s work history closely. In some cases, it may be necessary to interview the OJT Candidate in order to determine the specific skills that s/he possesses. OJT Training Plans may be designed to prepare a worker to acquire:

• New Skills (not previously acquired); or • Skills that are similar to, but not exactly aligned with, the Candidate’s previous

experience. It must be documented that these skills are different, more difficult, or involve new tools or methods or processes -- and are therefore required to perform the new job tasks of the OJT Training Position.

23 Reference: http://online.onetcenter.org/help/online/summary.


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As suggested by Section 101(31)(C) of the Workforce Investment Act, the rationale for the training duration may also take into account the “service strategy” of the participant:

“(31) On-the-job training.--The term ‘on-the-job training’ means training by an employer that is provided to a paid participant while engaged in productive work in a job that--

“(C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate.”

In this regard, COWIB recognizes that it may be appropriate to take into account a participant’s disability, if any – including any need for a training accommodation. Maximum Length of Training Within the limits described above, the duration of training in an approved OJT Training Outline should include sufficient time for a worker to learn the tools, work methods, processes, etc., that are associated with the OJT occupation. The duration of training should include time for observation and practice of each task. It may not include time for the routine orientation to employment that is offered to new workers in a usual and customary manner. OJT training is intended to be over and above what an ordinary entry-level employee would receive. The COWIB Policy allows the reimbursement of training costs for a maximum training time of 1,040 hours. The training may be provided over a training period not to exceed 6 months (26 weeks). Additional Guidelines on Maximum Length of Training OETI #11-2011 provides that:

“An OJT Contract must be limited to the period of time required for the OJT participant to become proficient in the occupation for which the training is being provided.”

And:

“LWIBs must develop approaches to assessing the time requirements; however, OESC has determined that no OJT Contract shall exceed 1040 hours.”

COWIB interprets this guidance to mean that the duration of an OJT contract may not exceed 6 months – approximately 183 calendar days. Within this period of time, the training plan must be completed. It is understood that the number of reimbursable training hours – that is, the time that the participant is actually engaged in the completion of his / her training plan -- could be less than the duration of the contract. This could happen, for instance, if the OJT participant spends any portion of his / her work time focused on activities that are not associated with the tools, work methods, processes, etc., of his / her OJT occupation. For example, one scenario involves the time spent by an OJT participant receiving a general orientation to the procedures of the workplace. As mentioned in the previous section, the duration of training time (the number of reimbursable hours):


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“…may not include time for the routine orientation to employment that is offered to new workers in a usual and customary manner. OJT training is intended to be over and above what an ordinary entry-level employee would receive.”

So, if the employer requires the participant to spend any time learning the general workplace culture, procedures, protocols, etc. – including any skills that are not directly related to the OJT occupation – then those hours would not be included in the training plan. A second scenario provides additional clarification. Suppose the OJT employer has a Training Plan, and it is well-defined in terms of the skills that will be learned and the hours of OJT that will be required to learn them. But, in the middle of the training period, the employer has a need to temporarily assign the OJT worker to another production process. For example, we can imagine that the employer may have received a large special order that needs to be filled quickly. The employer may want to re-deploy their workforce, temporarily, to process the special order. So, there is a need to suspend the OJT training activities for a week or two. In this scenario, COWIB will not reimburse the employer for any of the wages paid during the time when our participant was not engaged with his/her training plan. To reiterate: Our policy requires the number of reimbursable training hours to be tightly focused on the time required to learn “…the tools, work methods, processes, etc., that are associated with the OJT occupation.” Within the parameters of our policy, there is room for a considerable amount of flexibility in the design and implementation of the training plan. An OJT employer may choose to implement the OJT training plan during any portion of the work day – at the employer’s convenience. Likewise, the employer may choose to delay the start of the training until the participant has successfully completed a new worker orientation period. To illustrate an OJT training plan being implemented during a portion of the day, we can imagine that an employer may have a need to schedule an OJT worker to answer phones during the morning – a skill that the worker has already mastered. In this scenario, the worker’s training plan may be implemented during each afternoon. The training plan would be tightly focused on the hours during which the worker is engaged with the tools, work methods, processes, etc., of his / her defined OJT occupation. In short, our policy allows the training plan to be implemented at a pace that is defined by the employer. If the OJT training takes place during 20 hours of a pay period, we will reimburse the employer for those 20 hours – even if the participant actually received a wage for 80 hours or more. NOTE: Although our policy allows the OJT employer to define the schedule and pace of the OJT training activity, each worker’s entire training plan must be completed within the term of the OJT contract. And, pursuant to OETI #11-2011, no OJT contract may have a duration of more than 1,040 hours. Consequently, close attention must be paid to the progress of the training during the course of the contract. Each training plan must be designed so that the “knowledge or skills essential to the full and adequate performance of the job” may be acquired during the contract period.


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Documentation in the OJT Contract File As described later in these procedures, #11-2011 requires “Training Time Documentation” to be included in the OJT Contract file. In Central Oklahoma, this documentation may be presented in the form of a Memo to the File describing:

• The Job Title of the proposed OJT position; • The associated O*Net Code; • The SVP level of the occupation, and • Any adjustments for previous education, training, experience, or disability.

Documentation in the Participant’s IEP Pursuant to OETI #11-2011, “The rationale for the OJT training, including duration must be entered into the participant’s Individual Employment Plan.” In Central Oklahoma, this requirement will be satisfied by entering:

• The Job Title of the proposed OJT position; • The name of the propose OJT employer (name of the business); • The proposed number of hours in the training outline; and • A short statement describing the participant’s suitability for this type of training.

Technical Assistance The COWIB’s Business Connections unit One-Stop Operator will be expected to work with the employer to shape the training outline to the needs of the program participant who is assigned to the OJT activity. If the OJT Employer requires technical assistance in the development of the Training Outline, the Business Connections unit One-Stop Operator should be prepared to provide assistance.

PARTICIPANT ELIGIBILITY WIA-funded Structured OJT activities may be provided to eligible job-seeking customers of the Workforce Oklahoma system who are assessed and found to be in need of training services in order to obtain or retain employment that leads to self-sufficiency. In general, it is expected that an eligible job-seeking customer will be a participant in the WIA Adult program or the WIA Dislocated Worker program. However, in some cases, an eligible participant in the WIA Youth program may be referred to an OJT activity. This is because, pursuant to OETI #23-2009, On-the-Job Training is an allowable activity for WIA Youth. Even so, the following cautionary note is included in OETI #23-2009:

“Note: In most cases, on-the-job training is not an appropriate work experiences activity for youth participants under age 18.” 24

The customer’s need for training must be documented through an individualized assessment as recorded in the customer’s Individual Employment Plan (IEP). The IEP should document OJT 24 OETI #23-2009, “WIA Youth Glossary.” Page 21. Oklahoma Employment Security Commission, Published

December 8, 2009. Source: http://www.oesc.state.ok.us/Emp-Trng/OETI/PDFs/08-2003_WIA_Youth_Glossary.pdf.


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as the preferred program activity for the participant, and it should contain a description of the skills, knowledge, education and work experience already possessed by the client. Additionally, the One-Stop Operator or WIA service provider must certify the eligibility of all OJT Candidates before training may begin. Eligibility is based on criteria defined in the WIA law and regulations and in COWIB policy. Referral of Potential OJT Candidates. For each OJT contract that is developed, the source of job applicant referrals may be:

• The One-Stop Operator; • Any One-Stop Partner Agency; or • The OJT Employer.

Potential OJT Candidates may be referred to the One-Stop Operator or WIA Service Provider by the OJT Employer. However, the OJT Employer must agree to accept referrals and agree to consider other applicants for the OJT position in addition to the employer-referred candidate. All OJT trainees must meet WIA participation requirements. (Employer-referred applicants will not be automatically accepted into the OJT program). The appropriateness of referrals to OJT positions must be substantiated by an assessment of the client’s needs, interests, education, and previous work history. OETI #11-2011 provides that each OJT contract must include a description of the rationale for the skills and competencies to be acquired through an OJT activity. “This information must be entered into the participant’s IEP,” according to state policy.25 Employed Workers. OETI #11-2011 states that, “OJT is a 'hire first' program; the OJT participant becomes an employee of the company at the start of the training program. The OJT participant may not be someone already on the employer’s payroll, nor be hired prior to the effective date of the OJT Contract.”26 However, the OETI also states:

“WIA allows for the provision of OJT for unemployed and employed individuals when eligibility and other criteria are met. An OJT may take place with an employer in the public, private non-profit, or private sector. OJT contracts may be written for eligible employed workers when:

(a) The employee is not earning a self-sufficient wage as determined by Local Board policy;

(b) The requirements in 20 CFR 663.700 are met; and (c) The OJT relates to the introduction of new technologies, introduction to new

production or service procedures, upgrading to new jobs that require additional skills, workplace literacy, or other appropriate purposes identified by the Local Board.”27

25 OETI #11-2011, “Oklahoma’s Final On-the-Job Training Policy.” Page 7. See the section on “On-the-Job

Training Contract (Minimum Requirements).” 26 OETI #11-2011, “Oklahoma’s Final On-the-Job Training Policy.” Page 1 of Attachment A, “Local Policy

Template.” 27 OETI #11-2011, “Oklahoma’s Final On-the-Job Training Policy.” Page 3.


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Training Services for Special Participant Populations. The Workforce Investment Act, Section 134(d)(4), specifies that in the event that funds allocated to a local area for adult training activities are limited, priority for training services funded with Title I adult funds must be given to recipients of public assistance and other low‐income individuals in the local areas. The One‐Stop Operator and/or WIA service provider will work closely with employers in order to ensure that these target groups are served. Hiring (Selection of OJT Training Candidate). The OJT Employer will have the final authority for hiring. Training may begin after the OJT contract has been signed by all parties.

TRAINING AGREEMENT / CONTRACT Pursuant to OETI #11-2011, the minimum elements required in the OJT Training Agreement / Contract are as follows:

1. Trainee name;

2. Trainee wage;

3. Name, address and telephone number of the employer;

4. Employer identification number;

5. Training job title;28

6. Training outline;29

7. Definition of what constitutes successful completion of training, such as minimum number of hours to be completed, employer evaluation, and/or minimum mastery of skills;

8. Beginning and end dates, and hours of training to be provided;

9. Agreement on maximum allowable costs of training;

10. An assurance that the employer intends to retain the OJT participant upon satisfactory completion of training; if the employer does not retain the OJT participant – designated staff should document the justification for not retaining;

11. The rate of reimbursement. Employer is to be reimbursed for up to 90 percent30 of the 28 If available, a copy of the employee’s job description will be attached. 29 In OETI #11-2011, this element is described as: “Description of occupation involved, skill(s) and competencies to

be provided and learned – Designated staff should include the rational (sic) for those skills and competencies to be learned, i.e., O*NET, Job Description, etc. This information must be entered into the participant’s IEP.”

30 Oklahoma has received a waiver from the U.S. Department of Labor permitting OJT contracts to be written with payment terms exceeding the standard 50 percent maximum reimbursement. (See Attachment M). The waiver is in effect through June 30, 2011 2017, and will continue to be extended unless otherwise informed. Based on the size of the business, OJT contracts may provide for the reimbursement of trainee wages: • Up to 90 percent for employers with 50 or fewer employees;


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wage rate (based on the OJT Waiver) of the participant for the extraordinary costs of providing the training and additional supervision; and

12. Collective Bargaining Unit Concurrence. All general provisions of the agreement must be adhered to upon entering the agreement as well as the boiler plates (OJT Agreement is attached in the Forms section). General Provisions / Boiler Plates are included as part of the contract. The agreement will be signed by the OJT Employer and will then be submitted to the COWIB COWIB’s One-Stop Operator for review and approval. If approved by COWIB the One-Stop Operator, a signed copy of the agreement will be returned to the employer. If not approved, the agreement will be returned with a message outlining the reasons for not approving the contract. An OJT Agreement shall not be entered into with an employer who has previously exhibited a pattern of failing to provide OJT participants with continued long‐term employment with wages, benefits, and working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work. The OJT Agreement should be negotiated and should be understood by both the employer and the OJT Training participant before the hire date. This is a safeguard to prevent the expenditure of WIA funds on participants who would have been hired by the employer in the absence of training. If there is no program intervention on the participant’s behalf or service to the employer or participant, no WIA payment is justified. Employer Reimbursement. The payment terms of each OJT Contract will be negotiated. Before agreeing to a wage reimbursement rate for any contract, the COWIB’s CEO One-Stop Operator will consider: (a) The wage rate that is being offered by the employer; (b) Fringe benefits available to OJT participants after the date of hire; (c) The amount of unobligated funds available to support OJT activities; and (d) Other factors that the CEO One-Stop Operator considers to be relevant to the value of the training offered by the OJT employer. The strategic importance of the employer’s industry – relevant to the COWIB’s identified list of Targeted Industries -- may be considered when negotiating the rate of reimbursement. In any case, except as may be provided by a waiver or other special circumstances, the amount of reimbursement to the employer will not exceed 50 percent of the wage rate of each participant during the training period. (See Attachment M). The reimbursement to the OJT employer is considered to be compensation for the extraordinary costs of providing the training and additional supervision related to the training. Pursuant to OETI #11-2011:

“The employer provides this training on-the-job in exchange for a reimbursement to compensate the employer’s extraordinary costs associated with the training…. The extra costs are presumed and need not be documented.”31

• Up to 75 percent for employers with more than 50 but fewer than 250 employees; • For employers with more than 250 employees, the current statutory maximum will continue to apply.

31 OETI #16-2010 #11-2011, “Oklahoma’s Final On-the-Job Training Policy.” Page 3, at the top of the page 4.


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A sample OJT Agreement is attached that meets all local, state and federal guidelines. BEFORE THE CONTRACT IS SIGNED-- Compliance Check List A. General Risks: The following situations represent risks to the integrity of the OJT program. Contracts proposed under these conditions should be carefully scrutinized:

• The participant was previously employed with a relative of or referred by the OJT employer;

• The OJT employer failed to retain previous OJT participants; • The participant has similar job experiences as the proposed OJT position; • The OJT wage is not consistent with the wages paid for similar employment in the local

labor market; • The employer has a high turnover rate or there are indications of a poor work

environment; • The employer has poor screening and hiring practices; and • The participant’s interests and work history are inconsistent with the employer’s

expectations. B. Prohibited Occupations: OJT contracts shall not be written for the following types of jobs:

• Occupations that have not traditionally required specific occupational training as a requirement for employment.

• Occupations that are not in demand in the labor market; • Jobs where the principal source of income is tips, commissions, or piecework; • Temporary, intermittent or seasonal positions; • Occupations in which a substantial number of experienced workers and able

unemployed workers are available for hire in the local labor market; • Positions with relocating companies for the first 120 days after commencing operations

and where job loss occurred at original sites; • Occupations related to political, electoral, or partisan activities.

C. Overtime Hours: Payments may only be paid for regular wages paid by the Employer. Payments made to the Employer under the OJT Agreement must not be based on overtime, shift differential, premium pay and other non‐regular wages. This does not preclude a participant from working overtime; however, the reimbursement to the employer must be based on the regular wage rate. D. Nepotism and OJTs: COWIB service providers and staff will avoid organizational conflicts of interest and will also avoid personal conflicts of interest and the appearance of conflict of interest in the obligation of WIA funds. OJT employers are considered subcontractors, no employer may hire an OJT participant if a member of the OJT participant’s immediate family is engaged in an administrative capacity for that employer.


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E. Employer Workforce: In order to assure that participants on OJT contracts do not represent a disproportionate share of the employer’s workforce the following applies:

• OJT contracts must represent a reasonable percentage of the employer workforce; • The rationale and justification for the number of OJT contracts must be documented; and • The delivery of the training must be documented by timesheets and progress reports as

described in this policy. OJT contracts should be focused on positions that will enhance the participant’s opportunity to earn a self-sufficient wage after the training is completed.

CONTRACT MODIFICATIONS: Modifications to the OJT contract may be made as needed through mutual agreement of the employer and the COWIB COWIB’s One-Stop Operator. A sample Modification Form is included in the Forms section of this document. The following instructions are to be used in completing the Contract Modification Form:

• Include the contract number, funding source, and effective date as listed on the OJT contract.

• Indicate the effective date of the modification. • Describe the reason for the modification. (e.g., the funds obligated under this contract

are hereby de‐obligated because no trainees have been placed into the program. Or, the remaining funds obligated under this contract are hereby de‐obligated because of the trainee’s termination from the program -- indicate date of termination).

A copy of the signed modification is to be sent to the employer and a copy will be retained in the contract file. De-Obligation of Contract Funds. From time to time, OJT contracts may require de‐obligations for which a modification will be necessary. When an OJT contract is written and becomes effective, a certain amount of funds become encumbered for the OJT employer. These funds remain unavailable for other use until such time as the contract is successfully completed, and therefore no longer available; or until such time a modification is written and becomes effective. A modification to de‐obligate encumbered funds in an OJT contract will be developed in the following circumstances:

• There is no activity in the OJT contract after two months from the effective date of the contract.

• The trainee terminates from the program prior to completing the entire OJT training.

• The end date of the contract occurs and there are training dollars unexpended.

• Under any circumstances that arise pursuant to the General Provisions the OJT contract.


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AFTER THE CONTRACT IS SIGNED Contract File Upon signature of the contract, and OJT Contract file will be created. The documentation listed below will be maintained in the file:

• Pre-Award Review Form (Form OJT 11-2011-0621);

• OJT Contract (original);

• Employer and Employee Orientation Verification Form (signed);

• Proof of Workers Compensation Insurance Coverage;

• Any modification to the contract;

• Training Time Documentation;

• Training Payment Invoices;

• Monitoring reports, including problems, corrective action, and follow-up; and

• Participant level of completion or justification of the OJT participant’s failure to satisfactorily complete training.

For Training Time Documentation, a Memo to File may be included in the OJT Contract file. The Memo will describe the Job Title of the proposed OJT position; the associated O*Net Code; the SVP level of the occupation, and any adjustments for previous education, training, experience, or disability. “Participant level of completion…” will be entered into the file at the conclusion of the participant’s OJT training experience. The documentation may be in the form of a Memo to the File. It will include a statement describing the extent to which the participant successfully completed the training outline. It will also include an assessment as to whether the participant gained "…knowledge or skills essential to the full and adequate performance of the job."32 If the participant failed to satisfactorily complete the OJT training activity, an explanation of the failure will be described. In particular, the Memo shall attempt to ascertain whether the failure was the fault of the OJT employer. If possible, the description should include statements from the OJT supervisor, the OJT participant, and/or any other persons who may have knowledge of the circumstances surrounding the failure of the OJT contract. The original OJT Contract file will be maintained by COWIB. Reporting and Record Maintenance Once an OJT contract is effective and an OJT participant begins the training program, it is the responsibility of the service provider and the OJT Employer to prepare and submit monthly accurate and timely requests for reimbursement. The COWIB’s One-Stop Operator is hereby authorized to create forms and procedures necessary for the processing of reimbursement requests and the collection of other required forms.

32 Reference: Workforce Investment Act, Section 101(31)(A).


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Monthly Time Sheet / Invoice. The Monthly Time Sheet / Invoice is to be collected by One-Stop staff no later than the 10th day of each month according to a schedule established by the One-Stop Operator. The time sheet / invoice must be completely and accurately filled out, and signatures of both the employer and the OJT participant and the contractor must be in ink. (See Attachment G: “OJT Time Sheet / Invoice”). The invoice will be submitted to COWIB the One-Stop Operator for processing and payment. OJT Monthly Performance Review (Completed by the OJT Employer). The OJT Monthly Performance Review will be required to ensure that participants are progressing at an acceptable level and have in fact begun to acquire the skills and knowledge contained in the training outline. The Performance review is an indicator of the satisfactory or unsatisfactory performance of the OJT participant during the contracted period of training. This must be completed monthly and submitted along with the Time Sheet / Invoice. (See Attachment H: “OJT Monthly Performance Review”). OJT Participant Evaluation (Completed by the OJT Employer). This Evaluation should be completed very objectively and as accurately as possible by the Worksite Supervisor of the OJT participant. The evaluation will be submitted monthly to the One-Stop Operator or WIA Service Provider for review. The information provided is useful in determining whether a service visit is necessary. This must be completed monthly and submitted along with the Time Sheet / Invoice. (See Attachment I: “OJT Participant Evaluation”). Monitoring and Recordkeeping Pursuant to OETI #11-2011:

“The LWIB’s staff will monitor each OJT Contract on-site at least once during the training period to ensure compliance with contract terms and to help solve any concerns between the Service Provider, Employer(s), and/or OJT participant.”33

In Central Oklahoma, COWIB staff will use the on-site monitoring visit as an opportunity to verify that the OJT participant is receiving the training contracted for in the agreement, and that the participant is not required to engage in activities prohibited by WIA. COWIB staff will also review the participant’s attendance records to ensure that the participant is attending and succeeding in the training. Employer records will be reviewed to assure that the participant is receiving proper wages and that the employer is withholding taxes and paying workers compensation (or equivalent insurance). Any compliance issues requiring corrective action will be reported and resolved according to the COWIB’s monitoring policies and procedures. The purpose of the monitoring system and recordkeeping is to ensure that OJT contracts are developed and written in accordance with established policies and procedures, that eligible and appropriate individuals are participating in OJT programs, and that the OJT employer is abiding by the terms of the OJT contract. The system will also ensure that adequate records are kept 33 OETI #11-2011, “Oklahoma’s Final On-the-Job Training Policy.” Page 8.


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and maintained to reflect what is being done under the contract. Monitoring Duties of the One-Stop Operator / WIA Service Provider. As part of their normal case management activities, the One-Stop Operator and/or WIA Service Provider will monitor progress, at least monthly, of each participant’s OJT Training experience. Client progress and any observations will be recorded in OSL. The career coach will attempt to verify that the participant is receiving the training contracted for at the wages in the agreement, and that the participant is not required to engage in any activities prohibited by WIA. Any exceptions or discrepancies will be reported to COWIB, and a plan of correction will be developed.


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Attachment A.

Eligible OJT Occupations in Central Oklahoma Reference: Page 22 23 of the Policy and Procedures The COWIB’s Structured OJT program is directed at employers who have job openings in high-growth, high-demand occupations in targeted industry clusters. Pursuant to the COWIB’s Two-Year Plan, the Targeted Industries for the Central Oklahoma area are Government, Professional & Business Services, Local Health Care Services, Manufacturing, Finance & Insurance, Construction, Logistics (Transportation, Warehousing, etc.), Hospitality, Tourism & Recreation, and Educational Services. Additionally, the COWIB has a policy of investing in OJT training activities for job positions that have a Specific Vocational Preparation (SVP) time of at least 30 days. Consequently, an Eligible Job Opening should generally have an SVP Level of 3, 4, or 5. There are, literally, dozens of occupations that correspond to an SVP level in this range – from Auto Body Repairer (O*Net Code 49-3021) to Welder (51-4121). A list of more than 100 “OJT Eligible” occupations in the Central Oklahoma area is provided on the following pages. This list is not comprehensive.

Revised: 6-Oct-14

Job Zone Two: Some Preparation Needed Low HighCode Occupation SVP SVP

29-2012.00 Medical and Clinical Laboratory Technicians 4 529-2041.00 Emergency Medical Technicians and Paramedics 4 529-2052.00 Pharmacy Technicians 4 529-2071.00 Medical Records and Health Information Technicians 4 531-1011.00 Home Health Aides 4 531-1012.00 Nursing Aides, Orderlies, and Attendants 4 531-1013.00 Psychiatric Aides 4 531-2012.00 Occupational Therapist Aides 4 531-2022.00 Physical Therapist Aides 4 531-9091.00 Dental Assistants 4 531-9093.00 Medical Equipment Preparers 4 531-9095.00 Pharmacy Aides 4 531-9096.00 Veterinary Assistants and Laboratory Animal Caretakers 4 533-2011.02 Forest Fire Fighters 4 533-3011.00 Bailiffs 4 533-3041.00 Parking Enforcement Workers 4 533-9031.00 Gaming Surveillance Officers and Gaming Investigators 4 533-9032.00 Security Guards 4 533-9091.00 Crossing Guards 1 333-9092.00 Lifeguards, Ski Patrol, and Other Recreational Protective

Service Workers 1 335-1012.00 First-Line Supervisors/Managers of Food Preparation and

Serving Workers 4 5

Potential Eligible Occupations for On-the-Job TrainingJob Zone One: Little or No Preparation Needed

Serving Workers35-2012.00 Cooks, Institutions and Cafeterias 4 535-2014.00 Cooks, Restaurants 4 535-9031.00 Hosts and Hostesses, Restaurant, Lounge, and Coffee Shop 1 337-3011.00 Landscaping and Groundskeeping Workers 1 339-2011.00 Animal Trainers 4 539-2021.00 Nonfarm Animal Caretakers 4 539-3012.00 Gaming and Sports Book Writers and Runners (Workers in

Casinos and Bingo Halls) 4 539-9011.00 Child Care Workers 4 539-9021.00 Personal and Home Care Aides 4 543-3011.00 Bill and Account Collectors 4 543-3021.01 Statement Clerks 4 543-3021.03 Billing, Posting, and Calculating Machine Operators 4 543-3071.00 Tellers 4 543-4031.00 Court, Municipal, and License Clerks 4 543-4051.00 Customer Service Representatives 4 543-4171.00 Receptionists and Information Clerks 4 543-5061.00 Production, Planning and Expediting Clerks 4 543-5071.00 Shipping, Receiving and Traffic Clerks 4 5

National Center for O*NET Development Page 1 of 3

Revised: 6-Oct-14


43-6013.00 Medical Secretaries 4 543-9061.00 Office Clerks, General 4 547-2011.00 Boilermakers 4 547-2021.00 Brickmasons and Blockmasons 4 547-2031.02 Rough Carpenters 4 547-2041.00 Carpet Installers 1 347-2042.00 Floor Layers, Except Carpet, Wood, and Hard Tiles 4 547-2043.00 Floor Sanders and Finishers 4 547-2044.00 Tile and Marble Setters 4 547-2053.00 Terrazzo Workers and Finishers 4 547-2061.00 Construction Laborers 1 347-2071.00 Paving, Surfacing, and Tamping Equipment Operators 4 547-2072.00 Pile-Driver Operators 4 547-2081.00 Drywall and Ceiling Tile Installers 4 547-2082.00 Tapers 4 547-2121.00 Glaziers 4 547-2131.00 Insulation Workers, Floor, Ceiling, and Wall 4 547-2132.00 Insulation Workers, Mechanical 4 547-2141.00 Painters, Construction and Maintenance 4 547-2142.00 Paperhangers 4 547-2151.00 Pipelayers 4 547-2161.00 Plasterers and Stucco Masons 4 547-2171 00 Reinforcing Iron and Rebar Workers 4 5


47-2171.00 Reinforcing Iron and Rebar Workers 4 547-2181.00 Roofers 4 547-2211.00 Sheet Metal Workers 4 547-2221.00 Structural Iron and Steel Workers 4 547-3011.00 Helpers--Brickmasons, Blockmasons, Stonemasons, and Tile

and Marble Setters 1 347-3012.00 Helpers--Carpenters 4 547-3013.00 Helpers--Electricians 4 547-3014.00 Helpers--Painters, Paperhangers, Plasterers, and Stucco 1 347-3015.00 Helpers--Pipelayers, Plumbers, Pipefitters, and Steamfitters 4 547-4031.00 Fence Erectors 4 547-4041.00 Hazardous Materials Removal Workers 4 547-4051.00 Highway Maintenance Workers 4 547-4061.00 Rail-Track Laying and Maintenance Equipment Operators 4 547-4071.00 Septic Tank Servicers and Sewer Pipe Cleaners 1 347-4091.00 Segmental Pavers 4 547-5011.00 Derrick Operators, Oil and Gas 1 347-5012.00 Rotary Drill Operators, Oil and Gas 4 547-5013.00 Service Unit Operators, Oil, Gas, and Mining 4 547-5021.00 Earth Drillers, Except Oil and Gas 4 547-5031.00 Explosives Workers, Ordnance Handling Experts, and Blasters 4 547-5041.00 Continuous Mining Machine Operators 4 5


Revised: 6-Oct-14


47-5042.00 Mine Cutting and Channeling Machine Operators 4 547-5051.00 Rock Splitters, Quarry 4 547-5061.00 Roof Bolters, Mining 4 547-5071.00 Roustabouts, Oil and Gas 4 547-5081.00 Helpers--Extraction Workers 4 549-3021.00 Automotive Body and Related Repairers 4 549-3022.00 Automotive Glass Installers and Repairers 4 549-3043.00 Rail Car Repairers 4 549-3053.00 Outdoor Power Equipment and Other Small Engine Mechanics 4 549-3091.00 Bicycle Repairers 4 549-3092.00 Recreational Vehicle Service Technicians 4 549-3093.00 Tire Repairers and Changers 1 349-9011.00 Mechanical Door Repairers 4 549-9043.00 Maintenance Workers, Machinery 4 549-9045.00 Refractory Materials Repairers, Except Brickmasons 4 549-9052.00 Telecommunications Line Installers and Repairers 4 549-9091.00 Coin, Vending, and Amusement Machine Servicers and

Repairers 4 549-9093.00 Fabric Menders, Except Garment 1 349-9094.00 Locksmiths and Safe Repairers 4 549-9095.00 Manufactured Building and Mobile Home Installers 4 549-9096.00 Riggers 4 549-9098.00 Helpers--Installation, Maintenance, and Repair Workers 4 551-2092.00 Team Assemblers 4 551-3011 00 Bakers 4 5


51 3011.00 Bakers 4 551-4011.00 Computer-Controlled Machine Tool Operators, Metal and

Plastic 4 551-4121.06 Welders, Cutters, and Welder Fitters 4 551-4121.07 Solderers and Brazers 4 551-5023.00 Printing Machine Operators 4 551-6011.00 Laundry and Dry-Cleaning Workers 4 551-9061.00 Inspectors, Testers, Sorters, Samplers, and Weighers 4 551-9122.00 Painters, Transportation Equipment 4 553-7032.00 Excavating and Loading Machine and Dragline Operators 4 5

( This is not a complete list )



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Attachment B.

Job Zones Reference: Page 20 21 of the Policy and Procedures A Job Zone is a group of occupations that are similar in terms of the workforce preparation that is required to perform the work. A “Job Zone” description is offered in a standard format for more than 800 occupations included in the Department of Labor’s O*NET online database. As a recognized point of reference, the Job Zone is used in the “SVP Approach” for determining the appropriate length of training for an OJT Training activity. The source of information on the following two pages is the O*Net Online website.


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About Job Zones34 A Job Zone is a group of occupations that are similar in these ways:

• How most people get into the work, • How much overall experience people need to do the work, • How much education people need to do the work, and • How much on-the-job training people need to do the work.

The five Job Zones are:

• Job Zone 1 - occupations that need little or no preparation • Job Zone 2 - occupations that need some preparation • Job Zone 3 - occupations that need medium preparation • Job Zone 4 - occupations that need considerable preparation • Job Zone 5 - occupations that need extensive preparation

Job Zone One: Little or No Preparation Needed Overall

Experience No previous work-related skill, knowledge, or experience is needed for these occupations. For example, a person can become a cashier even if he/she has never worked before.

Job Training Employees in these occupations need anywhere from a few days to a few months of training. Usually, an experienced worker could show you how to do the job.

Job Zone Examples

These occupations involve following instructions and helping others. Examples include taxi drivers, amusement and recreation attendants, counter and rental clerks, cashiers, and waiters/waitresses.

SVP Range (Below 4.0) Education These occupations may require a high school diploma or GED certificate. Some

may require a formal training course to obtain a license.

Job Zone Two: Some Preparation Needed

Overall Experience

Some previous work-related skill, knowledge, or experience may be helpful in these occupations, but usually is not needed. For example, a teller might benefit from experience working directly with the public, but an inexperienced person could still learn to be a teller with little difficulty.

Job Training Employees in these occupations need anywhere from a few months to one year of working with experienced employees.

Job Zone Examples

These occupations often involve using your knowledge and skills to help others. Examples include sheet metal workers, forest fire fighters, customer service representatives, pharmacy technicians, salespersons (retail), and tellers.

SVP Range (4.0 to < 6.0) Education These occupations usually require a high school diploma and may require some

vocational training or job-related course work. In some cases, an associate's or bachelor's degree could be needed.

34 Reference: http://online.onetcenter.org/help/online/zones.


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Job Zone Three: Medium Preparation Needed Overall

Experience Previous work-related skill, knowledge, or experience is required for these occupations. For example, an electrician must have completed three or four years of apprenticeship or several years of vocational training, and often must have passed a licensing exam, in order to perform the job.

Job Training Employees in these occupations usually need one or two years of training involving both on-the-job experience and informal training with experienced workers.

Job Zone Examples

These occupations usually involve using communication and organizational skills to coordinate, supervise, manage, or train others to accomplish goals. Examples include funeral directors, electricians, forest and conservation technicians, legal secretaries, interviewers, and insurance sales agents.

SVP Range (6.0 to < 7.0) Education Most occupations in this zone require training in vocational schools, related on-the-

job experience, or an associate's degree. Some may require a bachelor's degree.

Job Zone Four: Considerable Preparation Needed

Overall Experience

A minimum of two to four years of work-related skill, knowledge, or experience is needed for these occupations. For example, an accountant must complete four years of college and work for several years in accounting to be considered qualified.

Job Training Employees in these occupations usually need several years of work-related experience, on-the-job training, and/or vocational training.

Job Zone Examples

Many of these occupations involve coordinating, supervising, managing, or training others. Examples include accountants, human resource managers, computer programmers, teachers, chemists, and police detectives.

SVP Range (7.0 to < 8.0) Education Most of these occupations require a four - year bachelor's degree, but some do not.

Job Zone Five: Extensive Preparation Needed

Overall Experience

Extensive skill, knowledge, and experience are needed for these occupations. Many require more than five years of experience. For example, surgeons must complete four years of college and an additional five to seven years of specialized medical training to be able to do their job.

Job Training Employees may need some on-the-job training, but most of these occupations assume that the person will already have the required skills, knowledge, work-related experience, and/or training.

Job Zone Examples

These occupations often involve coordinating, training, supervising, or managing the activities of others to accomplish goals. Very advanced communication and organizational skills are required. Examples include librarians, lawyers, aerospace engineers, physicists, school psychologists, and surgeons.

SVP Range (8.0 and above) Education A bachelor's degree is the minimum formal education required for these

occupations. However, many also require graduate school. For example, they may require a master's degree, and some require a Ph.D., M.D., or J.D. (law degree).


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Attachment C.

Employer Eligibility Review Reference: Pages 7‐11 of the Policy and Procedures Suitable Employers Careful attention should be given to the selection of suitable OJT employers. The optimum OJT activity is one in which there is a perceived benefit for both the employer and the COWIB. Considerations for Employers. Participation in a Structured OJT activity may be advantageous to an employer in a number of different situations. For example, one or more of the following circumstances may indicate the suitability of a COWIB-sponsored OJT activity:

• The employer has experienced dramatic job growth. There is a need to train people in new skills and new positions.

• The labor supply of qualified applicants from local vocational schools is unreliable or insufficient.

• The employer has one or more occupational classifications with a Specific Vocational Preparation (SVP) time of 1 to 12 months.

• Employee retention is problematic. There is a need to replace retiring workers in an efficient and economical fashion.

• Technological changes are driving changes in the employer’s processes / services. Job requirements are being re-defined. Workers must learn new skills.


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Structured On-the-Job Training Employer Eligibility Review Sheet Name of Employer ____________________________________________ FEI Number _________________________________________________ Worksite Location (Address) ____________________________________ ___________________________________________________________ Approximate number of employees at this location: ___________________ OJT Supervisor _______________________________________________ Phone _____________________ Email ___________________________ Proposed OJT Position (Job Title) __________________________________________________ O*Net Code: ____________________ Proposed Hourly Wage: ___________

YES NO Is this position currently vacant? … … … … … … ______ ______ Does the position involve religious or political activities? … … … ______ ______ Is the position covered by a collective bargaining agreement? … … ______ ______ If so, are the wages & benefits of the job in line with the agreement? ______ ______ Are any workers currently on layoff from this position? … … … ______ ______ Is the employer currently involved in a labor dispute? … … … ______ ______ Does the employer have a history of frequent layoffs at this location? … ______ ______ Within the last 120 days, have there been layoffs at any other Employer location? ______ ______ If so, were the layoffs caused by a relocation of operations to this facility? ______ ______ By filling the proposed OJT position, will the employer … … Reduce the hours worked by other employees? … … ______ ______ … Eliminate any other position in the employer’s workforce? … ______ ______ Are any workers eligible for a promotion to this position? … … … ______ ______ Has the employer been involved in any previous OJT activities? … … ______ ______ (If Yes, review prior performance) Does the Employer agree: … The OJT Trainee will be subject to the same rules as other employees? ______ ______ … The Employer intends to retain the OJT Trainee after completion of training? ______ ______ … Conditions of employment will comply with all federal, state, and local laws? ______ ______ … To maintain a written grievance process for workers? … … … ______ ______ … To comply with the Civil Rights Act? … … … … … ______ ______ … To carry Workers’ Compensation insurance? … … … … ______ ______ … To make State and Federal tax withholdings as required by law? … ______ ______ … The OJT Training will not be subcontracted? … … … … ______ ______ … The Employer (owners, officers) is not debarred from government business? ______ ______ … The Employer will maintain attendance, payroll, & other records as required? ______ ______ … The OJT Trainee will not be supervised by a member of his / her family? ______ ______ … A relative of the OJT Trainee will not be involved with selection or hiring? ______ ______ Completed by: ___________________________ _________ Training Developer Date

Training Developer’s Recommendation:


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Attachment D.

Pre‐Award Review Reference: Pages 14‐16 15‐17 of the Policy and Procedures Employer Eligibility After a potentially suitable employer has been identified, a pre‐award survey must be conducted prior to the writing of an OJT contract in order to verify that the employer is eligible for an OJT contract. Ideally, the review should be completed before any potential trainees are referred to the employer for possible participation in an OJT activity. The review should be conducted by an independent evaluator. That is, it must be completed by a staff person other than the individual who was responsible for the initial outreach to the employer. For example, if the employer outreach was performed by an individual in the Staffing Unit, then the independent review may be completed by:

• A workforce professional in a different unit – e.g., Skills Development;

• Any functional unit supervisor; or

• A member of the COWIB’s Business Services Team or Business Connections Unit.

In this revised version of the form, two questions have been deleted. There is no longer a question about whether the training occupation corresponds to a “Demand Occupation.” Additionally, a question about whether the employer is in a “Targeted Industry” has been removed.


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Structured On-the-Job Training Pre-Award Review Name of Employer ____________________________________________ Worksite Location (Address) ____________________________________ ___________________________________________________________ Approximate number of employees at this location: ___________________ OJT Supervisor _______________________________________________ Phone _____________________ Email ___________________________ OJT Trainer (if known) ____________________________________________ Phone _____________________ Email _______________________________ Proposed OJT Position (Job Title) __________________________________________________ O*Net Code: ____________________ Proposed Hourly Wage: ___________

YES NO Is this a Relocating Establishment? … … … … … … . ______ ______ Is there evidence that the Employer is financially stable? … … … ______ ______ Does the Employer’s accounting system document payroll, hours, etc.? … ______ ______

Does the Employer have a skilled worker available as an OJT Trainer? … . ______ ______ Have there been any Wage & Hour violations in the last 12 months? … ______ ______ Have there been any Child Labor violations in the last 12 months? … ______ ______ Is there evidence that the worksite meets requirements for worker safety? ______ ______

Is there a written job description for the proposed OJT position? … … . ______ ______ Are minimum qualifications for the position included? … … … ______ ______ Is the position temporary, seasonal, or intermittent in nature? … … ______ ______

Is this a full-time position (at least 32 hours per week)? … … … . ______ ______ Are fringe benefits included? … … … … … … ______ ______ Are wages and fringe benefits equivalent to similar positions with the Employer? ______ ______ Equivalent to similar positions in the labor market? ______ ______

Does the position involve compensation in the form of commissions, tips, etc.? . ______ ______ Does the position offer opportunity for advancement to a self-sufficient wage? ______ ______ Is the position likely to offer long-term employment to a successful trainee? ______ ______

Is the proposed position covered by a collective bargaining agreement? … . ______ ______ Labor Representative: _____________________ _______________________ _______________ Name Organization Phone

Has the union had an opportunity to review the proposed OJT Agreement? ______ ______ Does the union concur with the proposed OJT activity? … … … ______ ______

Completed by: ___________________________ _________ Reviewer Date

Reviewer’s Recommendation:


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Attachment E.

State‐Mandated Pre‐Award Review (Employer Attestation) Reference: Page 16 17 of the Policy and Procedures In addition to the Employer Eligibility Review and the Pre-Award Review, the Oklahoma Employment Security Commission requires the completion of the following 2-page “Pre-Award Review Form.” The Review Form includes seven statements that the employer must attest to. In addition, the employer must sign a statement agreeing to “defend, indemnify, and save” the state of Oklahoma and other parties from “liability, loss, damage…,” etc. If the employer is unable or unwilling to sign the State-Mandated Pre-Award Review Form, then no contract can be executed.


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Pre-Award Review Form No funds provided under the Workforce Investment Act (WIA) shall be used, or proposed to be used, for the encouragement or inducement of a business, or a part of business, to relocate from any location in the United States, if the relocation results in any employee losing his or her job at the original location (20 CFR 667.268). No funds provided under the Workforce Investment Act (WIA) shall be used, or proposed to be used, for training for a business or part of a business that ahs relocated from any location in the United States, until the company has operated at that location for 120 days, if the relocation has resulted in any employee losing his/her jobs at the original location. (20 CFR 667.268). The purpose of this review is to determine whether a business establishment is new or expanding and if there is any relation to a loss of employment in another geographic area. The pre-award review is completed and documented jointly by the Local Workforce Investment Board’s designee and the business establishment as a prerequisite to receiving WIA Title I assistance.

List any name(s) under which this establishment does business (including predecessors and successors in interest.)

The name, title, and address of the company official certifying this information is:

Name:

Title:

Address:

I, the Employer, attest WIA assistance is not being sought in connection with any past or impending job losses at other facilities and I am requesting WIA assistance to be used for On-the-Job Training. I, the Employer, attest there have not been any WARN notices filed. I, the Employer, attest there have not been any wage and hour or child labor violations during the past 12 month period. I, the Employer, attest that the OJT activity will not impair an existing contract for services or collective bargaining agreement, and that no such activity that would be inconsistent with the terms of a collective bargaining agreement will be undertaken without the written concurrence of the labor organization and the employer concerned. I, the Employer, attest that there is not a failure to provide WIA enrolled training participants with continued long-term employment with wages, benefits, and working conditions equal to that of regular employees doing similar work for a similar length of time. I, the employer, attest that as of this date we currently employ employees. I, the employer, attest our Workers’ Compensation Policy is current. (Upon execution of the Contract – the Board designee must obtain a copy confirming policy will be in effect during training period).


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As the authorized official of

I certify that the WIA Pre-Award Review information set forth above is true and accurate.

As the employer and authorized official, I agree to defend, indemnify, and save the state of Oklahoma, the

Local Workforce Investment Board, and the reviewing entity harmless from and against any and all

liability, loss, damage, cost, and expense, including court costs and attorney fees (whether or not litigation

be commenced), of whatever nature or type, including WIA disallowed costs, that the State or LWIB may

suffer, incur or be required to pay, which result from ’s

failure to provide accurate information in response to the WIA Pre-Award Review.

Authorized Representative’s Name Title Signature: Date This WIA pre-award review was conducted by ________________________________, the Board’s

designated representative, in accordance with WIA State Policy on ____________________________.

Neither the State of Oklahoma, any Local Workforce Investment Board, nor ,

As the Entity conducting the review, shall be legally liable regarding the responses provided during the

conduct of this review. Based upon this review, WIA Title I assistance to this establishment is: Approved/Disapproved

Reviewer’s Signature: Reviewer’s Title: Date:


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Attachment F.

Training Outline Reference: Pages 18‐25 19‐27 of the Policy and Procedures The COWIB supports investments in Structured OJT activities that can be expected to improve the productivity, employment, retention, and earnings of workers in the Central Oklahoma area. A central feature of the Structured OJT activity is the Training Outline. A Training Outline will be prepared and included as a part of each OJT Agreement. If more than one individual is to be trained under an OJT Agreement, and the training time is different for each, then a separate Training Outline will be required for each participant based on the individual need of each participant. OJT involves the acquisition of specific skills and employment competencies, through exposure in an actual work setting, to the processes, work tasks, tools and methods of a specific job or group of jobs. Update -- February, 2010: The following item is added to the Training Outline:

“‘Successful Completion’ of training shall be defined as retention in employment beyond the training period.”


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Structured On-the-Job Training Page 1 of 2 Training Outline Name of Employer ____________________________________________ OJT Position (Job Title) ________________________________________ Training Location (Address) ____________________________________ Training Location (Work Unit) ____________________________________ OJT Supervisor _________________________________________________ Job Title _____________________ Phone ___________________________ OJT Trainer ______________________________________________________ Job Title _____________________ Phone _______________________________ Training Location: Describe the work setting in which the OJT activity will be conducted, including the conditions that the work will be performed under. Work Processes: Describe the general processes that will be performed by the trainee during his / her OJT assignment. Knowledge, Skills and Abilities to be Developed: Specific Task 1: __________________________________________________________________

Tools … __________________________________________________________________ Work Methods … ___________________________________________________________ Length of Time Required for Task Mastery … _____________________________________ Standard of Performance … ___________________________________________________ Evaluation Method(s) … ______________________________________________________

Specific Task 2: __________________________________________________________________


Specific Task 3: __________________________________________________________________



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Structured On-the-Job Training Page 2 of 2 Training Outline Name of Employer ____________________________________________ OJT Position (Job Title) ________________________________________

Specific Task 4: __________________________________________________________________ Tools … __________________________________________________________________ Work Methods … ___________________________________________________________ Length of Time Required for Task Mastery … _____________________________________ Standard of Performance … ___________________________________________________ Evaluation Method(s) … ______________________________________________________

Specific Task 5: __________________________________________________________________


Training Duration: O*Net Code _________________ Job Zone . . . _______________

Maximum Expected Duration: ______________ hours SVP Range . . . ______ to ______

Adjustment for Trainee’s Prior Education & Experience—

Adjusted Length of Training (Maximum Allowed for Reimbursement) … _________ Hours

Documentation System: Describe the system of reports (checklists, etc.) that will be used to document the trainee’s progress.

Completed by: ___________________________ _________ OJT Supervisor Date

“Successful Completion” of training shall be defined as retention in employment beyond the training period.

Use an attached sheet to provide a written description of any related work experience possessed by the OJT Training Candidate as well as any related training and education. Describe how this training / education / work experience is relevant to the specific job in the proposed OJT contract. OJT Training Plans may be designed to prepare a worker to acquire: • New Skills (not previously acquired); or • Skills that are similar to, but not exactly aligned with, the Candidate’s previous experience. Training duration may also take into account the “service strategy” of the participant. In this regard, COWIB recognizes that it may be appropriate to take into account a participant’s disability, if any – including any need for a training accommodation.


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Attachment G.

OJT Timesheet / Invoice Reference: Page 33 34 of the Policy and Procedures Once an OJT contract is effective and an OJT participant begins the training program, it is the responsibility of the service provider and the OJT Employer to prepare and submit monthly requests for reimbursement.

Once an OJT contract is effective and an OJT participant begins the training program, it is the responsibility of the OJT Employer to prepare and submit timely requests for reimbursement. Monthly Time Sheet / Invoice. The Monthly Time Sheet / Invoice is to be collected by One-Stop staff no later than the 10th day of each month. The time sheet / invoice must be completely and accurately filled out, and signatures of both the employer and the OJT participant and the contractor must be in ink.

Time Sheet / Invoice. The Time Sheet / Invoice is to be collected by One-Stop staff according to a schedule established by the One-Stop Operator. The time sheet / invoice must be completely and accurately filled out, and signatures of both the employer and the OJT participant must be in ink.

The form shown on the following page is a model. It may be revised, as necessary, by the One‐Stop Operator.


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WORKFORCE OKLAHOMA OJT TIMESHEET/INVOICE

Agreement #___________________ Start Date________________ End Date:______________

EMPLOYER_____________________________ BUSINESS NAME____________________________

ADDRESS_____________________________ CITY__________________ STATE____ ZIP ________

FOR MONTH OF:_____________________________________________________________________

TYPE OF CONTRACT: PUBLIC_____ PRIVATE_____ WIA ADULT_____ WIA YOUTH____

1 2 3 4 5 6 7

8 9 10 11 12 13 14

15 16 17 18 19 20 21

22 23 24 25 26 27 28

29 30 31

Total Hours Worked: ______ Wage Rate (hrly, wkly, mntly):_________ AMOUNT PAID_________

We, the undersigned, certify the above information is true and correct. ___________________________________________ __________________________________________ EMPLOYER SIGNATURE DATE OJT EMPLOYEE SIGNATURE DATE

-- FOR ONE-STOP OPERATOR USE ONLY – TOTAL TRAINING HOURS _______________ TOTAL CONTRACT AMOUNT _____________________

Hours Used This Period: ________________ Reimbursement Rate: ______

Reimbursement This Period: ______________________

HOURS USED TO DATE ________________ REIMBURSEMENTS TO DATE _____________________

REMAINING HOURS ____________________ REMAINING BALANCE ___________________________

(Reimbursement paid by check number:___________ in the amount of: $____________)

NOTE: Reimbursement will be paid for actual hours worked only. We will not reimburse for wages paid during vacation, jury duty, sick leave, leaves of absence, or holidays. Reimbursement rate is up to 50% of the trainee hourly wage as cited in the training agreement


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Attachment H.

OJT Monthly Performance Review Reference: Page 33 34 of the Policy and Procedures OJT Monthly Performance Review (Completed by the OJT Employer). The OJT Monthly Performance Review will be required to ensure that participants are progressing at an acceptable level and have in fact begun to acquire the skills and knowledge contained in the training outline. The Performance review is an indicator of the satisfactory or unsatisfactory performance of the OJT participant during the contracted period of training. This must be completed according to a schedule set by the One-Stop Operator – preferably monthly -- and submitted along with the Time Sheet / Invoice.

The form shown on the following page is a sample. It may be revised, as necessary, by the One‐Stop Operator.


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OJT Monthly Performance Review OJT EMPLOYEE: __________________________ OCCUPATION ____________________________ SUPERVISOR: ________________________________ FOR MONTH OF: ______________________

Task To Be Performed Performance Satisfactory

Performance Unsatisfactory

Supervisor’s Initials

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

___________________________________ __________________________________ Employee’s Signature Supervisor’s Signature ___________________________________ __________________________________ Date signed by Employee Date Signed by Supervisor


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Attachment I.

OJT Participant Evaluation Reference: Page 33 34 of the Policy and Procedures OJT Participant Evaluation (Completed by the OJT Employer). This Evaluation should be completed very objectively and as accurately as possible by the Worksite Supervisor of the OJT participant. The evaluation will be submitted monthly to the One-Stop Operator / WIA Service Provider for review. The information provided is useful to the One-Stop Operator / Contractor in determining whether a service visit is necessary. This must be completed monthly and submitted along with the Time Sheet / Invoice.

The form shown on the following page is a model. It may be revised, as necessary, by the One‐Stop Operator.


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Workforce Oklahoma OJT Participant Evaluation

Reporting Period: ____________________ to _______________________

Participant Name: ______________________________________________________

Employer Name: ______________________________________________________ Authorized Hours: ________ Hours Worked: ________ Completion Date: _________ Current Status of Participant: Currently in Training;

Completed Training, Still Employed; Completed Training, No Longer Employed; Terminated Prior to Completion of Training; Currently on Layoff Status.

Successful completion of an On-Job-Training program depends upon periodic evaluation of the OJT participant’s progress. It is critical that the OJT participant understand his / her strengths and weaknesses. The OJT Contractor is requested to complete the following rating information. By showing the OJT participant’s abilities and limitations, you will help the program provide a better service and assist in accomplishing the objectives of the program. Discuss this evaluation with the OJT participant, as it will give him/her a better understanding of the job responsibilities. This form is to be completed for each OJT Participant and sent to the COWIB administrative office with the monthly time sheet / invoice and progress sheet.

Criteria Excellent Average Needs Improvement Acceptance of Responsibility ________ ________ _________

Displays Initiative ________ ________ _________

Relationship with Co-Workers ________ ________ _________

Quality of Work ________ ________ _________

Quantity of Work ________ ________ _________

Promptness and Attendance ________ ________ _________

Overall Evaluation ________ ________ _________

Comments:

The Information in this evaluation has been discussed with the OJT participant. ________________________________ ________________________________ OJT Employer / Contractor Date OJT Participant Date


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Attachment J.

OJT Agreement / Contract Reference: Page 28 29 of the Policy and Procedures The Central Oklahoma Workforce Investment Board proposes to invest a portion of its WIA grant resources into properly structured, supervised On-the-Job Training activities that will have the effect of:

(1) Supporting the competitiveness of employers in the Central Oklahoma area by building the skills and competencies of their workers; and

(2) Providing an effective occupational skills training activity for job-seeking customers to support their long‐term employment with the opportunity for wage progression.

To accomplish this, the COWIB will support the development of a limited number of training partnerships with Central Oklahoma businesses. The partnerships will be formalized in a series of On-the-Job Training Agreements. Each Agreement will be negotiated and approved by an eligible employer and the COWIB’s One-Stop Operator (WIA Service Provider). The Agreement will define the terms and conditions under which WIA grant funds may be used to reimburse the employer for the extraordinary costs of providing on-the-job training to workers who are eligible for WIA program assistance. Each OJT Agreement should be negotiated and should be understood by both the employer and the OJT Training participant before the hire date. This is a safeguard to prevent the expenditure of WIA funds on participants who would have been hired by the employer in the absence of training. If there is no program intervention on the participant’s behalf or service to the employer or participant, no WIA payment is justified. The agreement will be signed by the OJT Employer and will then be submitted to the COWIB One-Stop Operator for review and approval. The OJT Agreement may, from time to time, be referred to as an OJT Contract. In fact, the OJT Agreement is designed to function as a legally-binding contract. In common parlance, the OJT Employer is an OJT contractor – providing training services to the Workforce Oklahoma system.


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WORKFORCE CENTRAL OKLAHOMA ON-THE-JOB TRAINING AGREEMENT Contract Sections:

A. Parties B. OJT Training Information C. Agreement D. Agreement Signatures and Affidavit E. Additional Company Signatories F. General Terms and Conditions

Attachment: Training Outline

A. Parties WIA Service Provider

ADDRESS

CITY/STATE . PHONE NUMBER

CONTRACTOR NAME (Employer) _________ ___________________________________________

NAME OF BUSINESS_____________________________ PUBLIC OR PRIVATE SECTOR ________

ADDRESS _________________________________________________________________________

CITY/STATE ______________________________ PHONE NUMBER__________________________

EMPLOYER IDENTIFICATION NUMBER _________________________________________ B. OJT Training Information OJT Participant / Trainee: _____________________________________________________ Participant ID Number: ___________________________

Number of Training Hours

Hourly Wage

Reimbursement per Hour

Total Cost

$

%

OJT Position (Job Title): _____________________________________________________ The “Training Outline” for this OJT activity is presented as an attachment to this Agreement, and it is incorporated by reference. The Training Outline represents an accurate description of the Knowledge, Skills, and Abilities that will be developed through this OJT Agreement. The Training Outline describes how specific skills and employment competencies will be acquired, through exposure in an actual work setting, to the processes, work tasks, tools and methods of a specific job or group of jobs.


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C. It is Agreed That: 1. Contractor shall hire and train the OJT Participant / Trainee identified in Section B of this Agreement and shall perform and provide job training services as stipulated in this Agreement in accordance with the requirements of the Workforce Investment Act. This includes all regulations and subsequent amendments. 2. In consideration of on‐the‐job training services provided to the OJT Participant / Trainee by the contractor, a total fixed price not to exceed $_________________ will be reimbursed for the period beginning _____________________ and ending ____________________. Such amount paid pursuant to the terms and conditions set forth and the general provisions and assurances of this Agreement.

D. Contractor Agreement and Affidavit I, the undersigned, understand and will abide by this On‐the‐Job Training Agreement. As the duly authorized representative of the contractor, I have the authority to commit the contractor to this agreement. I further state that the contractor has not paid, donated or agreed to pay, give or donate to any officer, employee or agent of the COWIB nor of the WIA Service Provider any money or other thing of value, either directly or indirectly, in procuring this agreement. Contractor further agrees to comply with the general provisions / terms and assurances of this Agreement.

Signature Authorizations _____________________________________________________ ______________________________ CONTRACTOR SIGNATURE / Date TYPED NAME TITLE _____________________________________________________ ______________________________ Collective Bargaining Unit / Date TYPED NAME TITLE (if applicable) _____________________________________________________ ______________________________ WIA Service Provider Representative / Date TYPED NAME TITLE

E. Additional Company Signatories: The following representatives are authorized to sign modifications, invoices, time sheets and other items necessary to this agreement in the event of the absence of the Contractor / Employer. ______________________________ ___________________________ ___________________ Representative Signature Typed Name Title ______________________________ ___________________________ ___________________ Representative Signature Typed Name Title


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F. General Terms and Conditions 1. Compliance with Laws

The contractor’s buildings and surroundings pose no threat to the health, safety, or welfare of employees. Such buildings and surroundings, to the best knowledge of the contractor, also meet the standards set forth in rules and regulations of the Occupational Safety and Health Administration when appropriate.

The contractor shall not enroll individuals under 18 years of age in any occupation which the US Secretary of Labor has found to be particularly hazardous for persons between 16 and 18 years of age.

The contractor shall comply with all applicable business licensing, taxation, and insurance requirements.

The contractor agrees that all trainees who are working as laborers/mechanics in any construction, alteration or repairs (including painting and decorating) of projects, buildings or works must be paid in compliance with the Davis-Bacon Act.

2. Health and Safety

OJT Participants / Trainees enrolled under this contract shall be adequately supervised during training hours and be provided with safe training conditions that, at a minimum, shall conform to the health and safety regulations established by the State of Oklahoma. Health and safety standards established under Federal and State law otherwise applicable to working conditions of employees shall be equally applicable to working conditions of trainees engaged in specified OJT activities.

3. Assignments

Payments to be made under this contract will be made only to the contractor who shall be held responsible for its terms and provisions.

4. Subcontracting

Contractor shall not subcontract in whole or any part any contractual duties under this agreement without the written prior approval of the WIA Service Provider. The Contractor remains responsible for assuring compliance by such subcontractors with WIA, Federal, State and local laws, regulations, policies, procedures, and the contract conditions.

5. Modifications and Price Adjustments

Any revisions, additions, or deletions to the terms of this contract which are required by changes in Federal law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by law or regulation.

Any change in this contract or its attachments with the exception of those required by Federal or State Law shall be submitted for written approval by the WIA Service Provider or Contractor before becoming effective. Either party may request that the contract terms


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be re-negotiated when circumstances, which were neither foreseen nor reasonably foreseeable by the parties at the time of contracting, arise during the period of performance of this contract.

Modifications to this contract may be made by the WIA Service Provider in order to de-obligate funds in the event of a trainee’s termination or in situations in which a trainee does not begin OJT training within a reasonable time.

The parties agree that this Agreement was negotiated in reliance upon information provided by the contractor with respect to wages paid to the OJT Participant / Trainee and to similarly employed individuals. The WIA Service Provider reserves the right to adjust the payment terms of this contract in any event that the WIA Service Provider determines that the information provided by the contractor was not accurate, complete, or current as certified.

6. Term of Agreement

The parties agree that the training period for this Agreement is defined by the starting and ending dates given in Section C.2. The effective date of the Agreement shall be defined as the “beginning” date given in Section C.2. The “signature date” of the Agreement shall be the date of the latest signature authorization appearing in Section B.

(a) Pre-Agreement Costs. Reimbursement of training costs occurring between the effective date of this contract and the actual signature date of the contract will not be allowed.

(b) Renewal. The parties agree that this Agreement may not be renewed. However, a new agreement may be negotiated to provide for additional training or different training for the same or a different OJT Participant / Trainee.

7. Payments

The contractor shall be paid upon the submission of properly prepared invoices submitted at a time specified by the WIA Service Provider and for training performed in accordance with the terms and general provisions of this contract. The contractor shall be paid an hourly fixed unit cost as specified in this contract, up to the maximum training hours allowed in this contract. Reimbursement shall not be claimed for time in which the trainee is absent from training. This includes authorized paid absences such as holidays, sick days, or vacation days. In no event shall payment exceed the contract amount.

8. Audit / Monitoring Rights

The Central Oklahoma Workforce Investment Board, the WIA Service Provider, the State of Oklahoma, the U.S. Department of Labor, the Comptroller General of the United States, or any of their duly authorized representatives may perform audits after reasonable advance notice to the Contractor at any time during the contract period or within three (3) years from the date of final payment of this Agreement. At any time during normal business hours and as often as the WIA Service Provider may deem necessary, the Contractor shall make available for examination, all its records with respect to all matters covered by this contract -- including all contracts, invoices, materials, payrolls, personnel


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records, conditions of employment, and other data relating to all matters covered by this contract. The COWIB, the WIA Service Provider, the State of Oklahoma, the U.S. Department of Labor, the Comptroller General of the United States, or any of their duly authorized representatives shall have authority to audit, examine, and make excerpts or transcripts from, any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract. If the Contractor violates or permits violation of contract terms or conditions, the Contractor shall repay to the WIA Service Provider the amount of funds directly related to that violation.

9. Termination for Convenience

WIA Service Provider reserves the right to terminate this contract in whole, or from time to time, in part, whenever it is determined that such termination or suspension is in the best interests of the WIA Service Provider, the Central Oklahoma Workforce Investment Board, the State of Oklahoma, or the Federal Government.

Termination of work hereunder shall be effected by delivery to the contractor of a modification specifying the extent to which performance of work under the contract is terminated and the date upon which such termination becomes effective. In no instance shall a termination for convenience be effective in less than ten days after receipt of notice thereof.

After receipt of the modification, the contractor shall cancel outstanding commitments covering the procurement or rental of materials, supplies, equipment, and miscellaneous items. In addition, the contractor shall exercise all reasonable diligence to accomplish the cancellation or diversion of outstanding commitments covering personal services that extend beyond termination to the extent that they relate to the performance of any work terminated by the modification.

The contractor agrees that, in the event that funds authorized for expenditure by the WIA Service Provider are reduced by the COWIB, the U.S. Department of Labor, or the State of Oklahoma, the WIA Service Provider reserves the right to terminate this contract.

10. Termination for Cause

WIA Service Provider reserves the right to terminate this contract in the event that the contractor fails to fulfill in a timely and proper manner, its obligation under this contract, or if the contractor shall violate any of the agreements or stipulations of the contract, WIA Service Provider shall thereupon have the right to terminate this contract by giving written notice of such termination and specify the effective date thereof, at least five days before the effective date of such termination. In such event, the contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

11. Benefits

The contractor agrees that the OJT Participant / Trainee shall be provided with the same wages, benefits and rights afforded by the contractor to similarly employed individuals.


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12. Conflict of Interest

The contractor agrees that no officer, employee, or agent of the contractor who exercises any function of responsibility in connection with this contract shall use his/her office or confidential information received through his/her employment or office to obtain financial gain.

13. Union Agreements

The contractor agrees that this contract shall not impair existing collective bargaining agreements. The contractor also agrees that the OJT Participant / Trainee will not replace employees of the contractor who are not employed because of a labor dispute. The contractor further agrees to notify the WIA Service Provider if a labor dispute occurs during the term of this contract.

14. Nepotism

The contractor agrees that the OJT Participant / Trainee will not be supervised by a member of his/her family (where “family member” includes spouse, son, son-in-law, daughter, daughter-in-law, mother, mother-in-law, father, father-in-law, brother, brother-in-law, sister, sister-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, and grandchild). Family members shall not be involved with the selection or hiring of the OJT Participant / Trainee.

15. Use of Funds

The contractor agrees that fund provided under this contract shall not be used to assist, promote, or deter union organizing.

16. Termination of OJT participants

The contractor agrees that the OJT Participant / Trainee shall not be terminated from training without giving prior notice to the WIA Service Provider Representative that signed the OJT Contract and reasonable opportunity is given for correction or improvement of performance. The contractor also agrees that it will immediately notify the WIA Service Provider’s designated representative if the OJT Participant / Trainee has an attendance or disciplinary problem or has demonstrated an inability to perform in accordance with the training outline contained in this contract. The contractor understands that the termination of an OJT participant is subject to the WIA Service Provider’s grievance procedures.

17. Grievance Procedures

The contractor agrees to provide the OJT Participant / Trainee the right of access to the contractor’s grievance process and if covered by collective bargaining, the applicable grievance process contained therewith.

18. Participant Information

The contractor agrees to furnish each OJT participant upon commencement of training with a copy of the training outline and training schedule and discuss mutual expectations.


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19. Displacement of Currently Employed Workers

The contractor agrees that no currently employed worker shall be displaced by the OJT participant including a partial displacement such as a reduction in the hours, wages, or employment benefits. The contractor also agrees that no OJT participant shall be placed into: (a) A position which is currently vacated by an employee who is on layoff; or (b) A position in which the contractor has terminated the employment of a worker with the intention of filling the position with an OJT participant. The contractor further agrees that this contract does not infringe in any way upon the promotional opportunities of current employees not involved in OJT.

20. Maintenance of Effort

The contractor neither agrees that it will continue all training efforts in existence prior to this contract and that it has not nor will not reduce the level of expenditure for training in any way as a result of this contract.

21. Duplicate Funding

Contractor shall inform the WIA Service Provider if the contractor applies for or receives funds from another source to support the cost of the training described within this contract. Contractor shall submit to the WIA Service Provider copies of all requests for Federal, State, or local grants that may materially affect the quality of cost or the services provided under this contract, prior to submitting the request to the funding source. Contractor shall also inform the WIA Service Provider of the receipt of any such grant, in which event the WIA Service Provider shall have the right to renegotiate the price or deliverable performance of this contract.

Contractor costs or earnings claimed under one contract or grant may not also be claimed under any other contract or grant.

22. Liability

The contractor agrees to indemnify and hold the WIA Service Provider harmless from and against liabilities, claims losses, and expenses which arise out of or the result from a violation of the contractor’s responsibilities.

23. Disputes

The contractor agrees that any dispute concerning a question of fact arising under this contract which is not disposed by agreement shall be decided by the WIA Service Provider, who shall reduce its decision in to writing and will furnish a copy to contractor.

24. Disclosure of Confidential Information

The contractor agrees to maintain the confidentiality of any contract-related information regarding the OJT participant or their family members which may be obtained through application forms, interviews, tests, or any other source. Such information shall not be divulged without the permission of the OJT participant and then only as necessary for


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purposes related to performance, compliance, or evaluation of the contract. 25. Equal Opportunity

The Contractor shall, in signing this contract, assure that:

• No person in the United States shall be, on the grounds of race, color, religion, sex, national origin, age, handicap, political affiliation, belief, or marital status be excluded from participation in, be denied the benefits of, be subject to discrimination under, or be denied employment in connection with any OJT training activity funded in whole or in part with funds made available under this Agreement.

The contractor agrees to comply with the non-discrimination requirements of the rules described in the Code of Federal Regulations as found in 29 CFR 37.20(a)(1).

26. Insurance

The contractor agrees that is shall provide and maintain workers’ compensation, and other appropriate coverage with respect to the performance under this contract.

27. Recordkeeping System for Payments

WIA Service Provider, being responsible for making proper payments under this Agreement, shall make sure that records are maintained properly. The WIA Service Provider shall establish and maintain an OJT recordkeeping system with procedures that will provide timely and relevant information for management and planning purposes. This system will allow the WIA Service Provider to generate information on the training to be performed under this Agreement, such as the number of unused training hours, current funds expended to date, etc.

28. Employer Records Retention

The contractor agrees to maintain all employer records pertinent to this contract for a period of three years from the date of the final payment of this contract or until all audits are complete and findings on all claims have been finally resolved. In the event that the contractor is unable to retain these records, such records shall be transmitted to the WIA Service Provider for acceptance in an orderly fashion with documents properly labeled and filed and in an acceptable condition for storage.

29. Access to Records

The contractor agrees that at any time during normal business hours and as often as deemed necessary, the WIA Service Provider’s designated staff monitor, COWIB staff, the State of Oklahoma, the U.S. Department of Labor, or other authorized federal agencies or their agents may inspect and monitor any records or activities pertaining to this contract. Such inspection shall be made to determine if the contractor is in compliance with the terms and provisions of this contract and if the OJT Participant / Trainee is making sufficient progress.


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30. Copyrights and Rights to Data The Contractor agrees that the COWIB, the State of Oklahoma, and the U. S. Department of Labor shall have unlimited rights to any data first produced or delivered under this agreement (if any).

31. Debarment and Suspension

OJT Contracts in the amount of $25,000 or higher shall contain a completed certification regarding debarment and suspension. Debarment or suspension with one federal agency results in suspension or being barred from doing business with all Federal agencies.


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OJT AGREEMENT MODIFICATION CONTRACTOR: ________________________________________________________ Agreement Number _________________________________

Effective Date _________________________________

Funding Source _________________________________

Modification Date _________________________________

Modification Number _________________________________

PURPOSE OF MODIFICATION

REASON FOR DEOBLIGATION _________________________________________ _________________________ Contractor Date _________________________________________ _________________________ WIA Service Provider Representative Date


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Attachment K.

Excerpts from the WIA Final Rules Reference: 20 CFR Part 667 For reference, excerpts from 20 CFR Part 667 are included here. These rules describe program requirements that are relevant to OJT activities – including limitations having to do with sectarian activities, business relocation, worker displacement, etc. Standards for worker health, safety, etc., are also described – as well as safeguards against unlawful discrimination. Portions of 29 CFR Part 37 are also included.


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Department of Labor Employment and Training Administration 20 CFR Part 652 et al. Workforce Investment Act: Final Rules Subpart B--Administrative Rules, Costs and Limitations Sec. 667.266 What are the limitations related to sectarian activities? (a) Limitations related to sectarian activities are set forth at WIA section 188(a)(3) and 29 CFR 37.6(f). (b) Under these limitations: (1) WIA title I financial assistance may not be spent on the employment or training of participants in sectarian activities. This limitation is more fully described at 29 CFR 37.6(f)(1).35 (2) Under 29 CFR 37.6(f)(1), participants must not be employed under title I of WIA to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place for religious worship. However, as discussed in 29 CFR 37.6(f)(2), WIA financial assistance may be used for the maintenance of a facility that is not primarily or inherently devoted to sectarian instruction or religious worship if the organization operating the facility is part of a program or activity providing services to WIA participants. (WIA sec. 188(a)(3).) Sec. 667.268 What prohibitions apply to the use of WIA title I funds to encourage business relocation? (a) WIA funds may not be used or proposed to be used for: (1) The encouragement or inducement of a business, or part of a business, to relocate from any location in the United States, if the relocation results in any employee losing his or her job at the original location; (2) Customized training, skill training, or on-the-job training or company specific assessments of job applicants or employees of a business or a part of a business that has relocated from any location in the United States, until the company has operated at that location for 120 days, if the relocation has resulted in any employee losing his or her jobs at the original location. (b) Pre-award review. To verify that an establishment which is new or expanding is not, in fact, relocating employment from another area, standardized pre-award review criteria developed by the State must be completed and documented jointly by the local area with the establishment as a prerequisite to WIA assistance.

35 See excerpts appended later in this attachment.


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(1) The review must include names under which the establishment does business, including predecessors and successors in interest; the name, title, and address of the company official certifying the information, and whether WIA assistance is sought in connection with past or impending job losses at other facilities, including a review of whether WARN notices relating to the employer have been filed. (2) The review may include consultations with labor organizations and others in the affected local area(s). (WIA sec. 181(d).) Sec. 667.269 What procedures and sanctions apply to violations of Secs. 667.260 through 667.268? (a) We will promptly review and take appropriate action on alleged violations of the provisions relating to: (1) Employment generating activities (Sec. 667.262); (2) Other prohibited activities (Sec. 667.264); (3) The limitation related to sectarian activities (Sec. 667.266); (4) The use of WIA title I funds to encourage business relocation (Sec. 667.268). (b) Procedures for the investigation and resolution of the violations are provided for under the Grant Officer's resolution process at Sec. 667.510. Sanctions and remedies are provided for under WIA section 184(c) for violations of the provisions relating to: (1) Construction (Sec. 667.260); (2) Employment generating activities (Sec. 667.262); (3) Other prohibited activities (Sec. 667.264); and (4) The limitation related to sectarian activities (Sec. 667.266(b)(1)). (c) Sanctions and remedies are provided for in WIA section 181(d)(3) for violations of Sec. 667.268, which addresses business relocation. (d) Violations of Sec. 667.266(b)(2) will be handled in accordance with the DOL nondiscrimination regulations implementing WIA section 188, codified at 29 CFR part 37. Sec. 667.270 What safeguards are there to ensure that participants in Workforce Investment Act employment and training activities do not displace other employees? (a) A participant in a program or activity authorized under title I of WIA must not displace (including a partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits) any currently employed employee (as of the date of the participation). (b) A program or activity authorized under title I of WIA must not impair existing contracts for services or collective bargaining agreements. When a program or activity authorized under title I of WIA would be inconsistent with a collective


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bargaining agreement, the appropriate labor organization and employer must provide written concurrence before the program or activity begins. (c) A participant in a program or activity under title I of WIA may not be employed in or assigned to a job if: (1) Any other individual is on layoff from the same or any substantially equivalent job; (2) The employer has terminated the employment of any regular, unsubsidized employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy so created with the WIA participant; or (3) The job is created in a promotional line that infringes in any way on the promotional opportunities of currently employed workers. (d) Regular employees and program participants alleging displacement may file a complaint under the applicable grievance procedures found at Sec. 667.600. (WIA sec. 181.) Sec. 667.272 What wage and labor standards apply to participants in activities under title I of WIA? (a) Individuals in on-the-job training or individuals employed in activities under title I of WIA must be compensated at the same rates, including periodic increases, as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience and skills. Such rates must be in accordance with applicable law, but may not be less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law. (b) Individuals in on-the-job training or individuals employed in programs and activities under Title I of WIA must be provided benefits and working conditions at the same level and to the same extent as other trainees or employees working a similar length of time and doing the same type of work. (c) Allowances, earnings, and payments to individuals participating in programs under Title I of WIA are not considered as income for purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under any Federal or Federally assisted program based on need other than as provided under the Social Security Act (42 U.S.C. 301 et seq.). (WIA sec. 181(a)(2).) Sec. 667.274 What health and safety standards apply to the working conditions of participants in activities under title I of WIA? (a) Health and safety standards established under Federal and State law otherwise applicable to working conditions of employees are equally applicable to working conditions of participants engaged in programs and activities under Title I of WIA.


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(b)(1) To the extent that a State workers' compensation law applies, workers' compensation must be provided to participants in programs and activities under Title I of WIA on the same basis as the compensation is provided to other individuals in the State in similar employment. (2) If a State workers' compensation law applies to a participant in work experience, workers' compensation benefits must be available for injuries suffered by the participant in such work experience. If a State workers' compensation law does not apply to a participant in work experience, insurance coverage must be secured for injuries suffered by the participant in the course of such work experience. Sec. 667.275 What are a recipient's obligations to ensure nondiscrimination and equal opportunity, as well as nonparticipation in sectarian activities? (a)(1) Recipients, as defined in 29 CFR 37.4, must comply with the nondiscrimination and equal opportunity provisions of WIA section 188 and its implementing regulations, codified at 29 CFR part 37. Under that definition, the term ``recipients'' includes State and Local Workforce Investment Boards, One-Stop operators, service providers, vendors, and subrecipients, as well as other types of individuals and entitites. (2) Nondiscrimination and equal opportunity requirements and procedures, including complaint processing and compliance reviews, are governed by the regulations implementing WIA section 188, codified at 29 CFR part 37, and are administered and enforced by the DOL Civil Rights Center. (3) As described in Sec. 667.260(a), financial assistance provided under WIA title I may be used to meet a recipient's obligation to provide physical and programmatic accessibility and reasonable accommodation/modification in regard to the WIA program, as required by section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act of 1990, as amended, section 188 of WIA, and the regulations implementing these statutory provisions. (b) Under 29 CFR 37.6(f), the employment or training of participants in sectarian activities is prohibited, except with respect to the maintenance of a facility that is not primarily or inherently devoted to sectarian instruction or religious worship, in a case in which the organization operating the facility is part of a program or activity providing services to participants. # # #


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Department of Labor Office of the Secretary 29 CFR Part 37 Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998; Final Rule Sec. 37.6 What specific discriminatory actions, based on prohibited grounds other than disability, are prohibited by this part? (a) For the purposes of this section, ``prohibited ground'' means race, color, religion, sex, national origin, age, political affiliation or belief, and for beneficiaries only, citizenship or participation in any WIA Title I--financially assisted program or activity. (b) A recipient must not, directly or through contractual, licensing, or other arrangements, on a prohibited ground: (1) Deny an individual any aid, benefits, services, or training provided under a WIA Title I--funded program or activity; (2) Provide to an individual any aid, benefits, services, or training that is different, or is provided in a different manner, from that provided to others under a WIA Title I--funded program or activity; (3) Subject an individual to segregation or separate treatment in any matter related to his or her receipt of any aid, benefits, services, or training under a WIA Title I--funded program or activity; (4) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any aid, benefits, services, or training under a WIA Title I--funded program or activity; (5) Treat an individual differently from others in determining whether he or she satisfies any admission, enrollment, eligibility, membership, or other requirement or condition for any aid, benefits, services, or training provided under a WIA Title I--funded program or activity; (6) Deny or limit an individual with respect to any opportunity to participate in a WIA Title I--funded program or activity, or afford him or her an opportunity to do so that is different from the opportunity afforded others under a WIA Title I--funded program or activity; (7) Deny an individual the opportunity to participate as a member of a planning or advisory body that is an integral part of the WIA Title I--funded program or activity; or (8) Otherwise limit on a prohibited ground an individual in enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving any WIA Title I--financially assisted aid, benefits, services, or training. (c) A recipient must not, directly or through contractual, licensing, or other arrangements:


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(1) Aid or perpetuate discrimination by providing significant assistance to an agency, organization, or person that discriminates on a prohibited ground in providing any aid, benefits, services, or training to registrants, applicants or participants in a WIA Title I-- funded program or activity; or (2) Refuse to accommodate an individual's religious practices or beliefs, unless to do so would result in undue hardship, as defined in section 37.4. (d) (1) In making any of the determinations listed in paragraph (d)(2) of this section, either directly or through contractual, licensing, or other arrangements, a recipient must not use standards, procedures, criteria, or administrative methods that have any of the following purposes or effects: (i) Subjecting individuals to discrimination on a prohibited ground; or (ii) Defeating or substantially impairing, on a prohibited ground, accomplishment of the objectives of either: (A) The WIA Title I--funded program or activity; or (B) the nondiscrimination and equal opportunity provisions of WIA or this part. (2) The determinations to which this paragraph applies include, but are not limited to: (i) The types of aid, benefits, services, training, or facilities that will be provided under any WIA Title I--funded program or activity; (ii) The class of individuals to whom such aid, benefits, services, training, or facilities will be provided; or (iii) The situations in which such aid, benefits, services, training, or facilities will be provided. (3) Paragraph (d) of this section applies to the administration of WIA Title I--funded programs or activities providing aid, benefits, services, training, or facilities in any manner, including, but not limited to: (i) Outreach and recruitment; (ii) Registration; (iii) Counseling and guidance; (iv) Testing; (v) Selection, placement, appointment, and referral; (vi) Training; and (vii) Promotion and retention. (4) A recipient must not take any of the prohibited actions listed in paragraph (d) of this section either directly or through contractual, licensing, or other arrangements. (e) In determining the site or location of facilities, a grant applicant or recipient must not make selections that have any of the following purposes or effects:


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(1) On a prohibited ground: (i) Excluding individuals from a WIA Title I--financially assisted program or activity; (ii) Denying them the benefits of such a program or activity; or (iii) Subjecting them to discrimination; or (2) Defeating or substantially impairing the accomplishment of the objectives of either: (i) The WIA Title I--financially assisted program or activity; or (ii) The nondiscrimination and equal opportunity provisions of WIA or this part. (f) (1) A recipient must not permit participants to be employed or trained in sectarian activities. (2) This paragraph applies to any facility that is, or will be, primarily used or inherently devoted either: (A) For sectarian instruction; or (B) As a place of worship, (ii) A recipient must not permit participants to be employed or trained in any way to: (A) Construct any part of such a facility, (B) Operate any part of such a facility, or (C) Maintain any part of that facility. (3) If a facility is not primarily or inherently devoted to sectarian instruction or religious worship, a recipient may permit the use of WIA Title I funds to employ participants to maintain the facility, if the organization that operates the facility is part of a program or activity that provides services to participants. (g) The exclusion of an individual from programs or activities limited by Federal statute or Executive Order to a certain class or classes of individuals of which the individual in question is not a member is not prohibited by this part.


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Attachment L.

Employer Orientation Verification Form Reference: Page 17 18 of the Policy and Procedures As an integral part of the employer outreach and eligibility review process, the COWIB will provide an orientation to the employer regarding the purpose of the OJT program, the terms of any eventual contract, and other topics outlined in OETI #16-2010 11-2011. The employer orientation may be provided by COWIB staff, by a staff member of the COWIB’s Business Connections unit, or by a designated staff member of the COWIB’s One-Staff One-Stop Operator. The orientation may be provided in segments or all at once in a single meeting / conversation / communication. Regardless of how the orientation is delivered, the employer will be offered the opportunity to ask questions and seek clarifications about program guidelines and requirements. OETI #16-2010 #11-2011 provides that documentation of the employer orientation must be maintained in the OJT Contract file.

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Attachment M.

Sliding Scale for Employer Reimbursements Reference: Pages 14, 29 and 30 of the Policy and Procedures In Oklahoma’s Strategic Five-Year Workforce Investment Plan for the period July 2012 to June 2017 (Last updated 7.3.13), a request was made for a waiver of the requirement given in Section 101 (31)(B) of the Workforce Investment Act. The requirement defines as OJT activity as a employment activity that:

(B) provides reimbursement to the employer of up to 50 percent of the wage rate of the participant, for the extraordinary costs of providing the training and additional supervision related to the training;

The waiver, as requested, would allow an increase in employer re-imbursement for on-the-job training through a sliding scale based on the size of the individual business. In December, 2012, Oklahoma’s waiver request was formally granted in a letter to Governor Mary Fallin from Jane Oates, Assistant Secretary of the U.S. Department of Labor / Employment and Training Administration (USDOL/ETA). Here is a relevant excerpt:

A re-statement of the sliding scale is given on the following page.


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Under the waiver, local workforce investment boards in Oklahoma are allowed to offer the following re-imbursements for OJT:

Employer Size Maximum Allowable Reimbursement 50 of fewer employees Up to 90% of wages 51 – 250 employees Up to 75% of wages > 250 employees Up to 50% of wages

Policy Interpretation. In October, 2011, COWIB posed a question to the Oklahoma Employment Security Commission about OETI #11-2011.

Question: With regard to this [sliding] scale, is “employer size” based on the total number of workers employed by the company across the United States? Or, rather, is it based on the number of employees in Oklahoma?

The following answer was offered by the OESC’s designated policy representative:

Answer: “The reimbursement percentage would be based on the number of employees at the location in which the employee would be working.”

Source: Email correspondence from Tami Decker, October 31, 2011.


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COWIB is an Equal Opportunity Employer / Program. Auxiliary Aids and Services are Available upon Request to Individuals with Disabilities. This policy and procedure was financed in whole or in part by funds from the U.S.

Department of Labor as administered by the Oklahoma Department of Commerce.

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