ATTACHMENT D

On-The-Job Training (OJT)

EMPLOYER'S HANDBOOK

We appreciate your interest in joining our team of employers who provide On-the-Job Training (OJT) opportunities for qualified residents of Miami-Dade and Monroe Counties.

Please read the attached handbook so that you can become familiar with our program and its potential benefits to your business.

If you need further assistance, please call:

Service Provider

Employer Consultant

Telephone Number

On-The-Job Training (OJT)

EMPLOYER'S HANDBOOK

Purpose

The South Florida Workforce Board (SFW) has empowered its administrative entity, the South Florida Employment and Training Consortium (SFETC), to administer the following federally funded programs: Workforce Investment Act (WIA1998)/ Workforce Innovation Act (WIA2000), and Welfare Transition (WT). Funds for these programs are provided to the SFW through the State of Florida. The purpose of these funds to provide activities that will increase the employment, retention, occupational skill attainment and earnings of participants and to improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the State. These programs provide specific opportunities to Youth and Adults who have significant barriers to employment, Dislocated Workers, and Welfare Transition participants.

On-the-Job training Structure

On-the-Job Training (OJT) is one of several training designs offered through the SFW system. Welfare Transition and WIA eligible individuals are eligible for OJT services when the assessment determines that OJT is the appropriate activity. A training plan is developed for each participant and upon completion of the training competencies the participant is offered employment with the same insurance coverage, working conditions, pay, and fringe benefits afforded to other employees. To offset some of the extraordinary costs associated with the training of the individual so placed, the South Florida Workforce may reimburse the Employer an amount that does not exceed 50% of the participant's wages during the training period.

The employer should clearly explain to the participant all performance expectations at the start of the training program. If, at any time during the length of the training contract, these expectations are not being met, the employer should notify the Service Provider employer consultant. The Employer will inform the participant and the Service Provider of identified areas of unsatisfactory progress or performance and will allow reasonable time for correction or improvement. The employer shall also inform the Service Provider of any excessive absenteeism, serious illness, or of the termination of a trainee for any reason within five (5) days of the occurrence of the event.

General Provisions

An authorized Service Provider employer consultant will be made available at the Employer's request to assist in implementing any of the matters described herein.

The employer, as a condition of the acceptance of the OJT reimbursement, will provide the occupational training and retain the trainee in a permanent, full-time unsubsidized position directly related to the OJT.

No officer, employee, agent, or representative of the Employer may charge an individual a fee for the placement or referral of such individual in or to a training program funded under this contract or amendments thereto.

This program shall not result in the displacement of currently employed workers or impair existing contracts for services.

No funds provided by this contract shall be used to train participants to fill a job opening created by the action of the Employer in laying off or terminating the employment of any person in anticipation of filling the vacancy so created by the hiring of a Service Provider's participant.

No OJT participant shall be hired into or remain working in any position when the same or substantially equivalent position is vacant due to a hiring freeze or when any non-OJT person is on a lay-off from the same or substantially equivalent position or when the non-OJT person has been bumped and has recall or bumping rights to that position pursuant to the Employer's personnel policy or a collective bargaining agreement. A layoff is in effect:

(1)	Until the expiration of the period required by a recall list; or

(2)	If no recall or re-employment right exists, for a period of one (1) year from the last layoff or until the next employer fiscal year, whichever occurs later.

No WIA/WT funds for OJT wages will be provided to the employer as a result of its business, or any part thereof, relocating from outside of the Miami-Dade County/Monroe County area, where such relocation has resulted in unemployment. Information concerning the relocation status of the business is required by federal regulation to be documented. OJT participant wage reimbursement payments cannot be made unless the required information has been provided and, if relocation has occurred, that no employees in the previous community were dislocated or that if any dislocation occurred, the employer has been in business in the Region for a minimum of 120 days.

None of the funds appropriated under this contract may be used to support any religious or anti-religious activity. Participants in the program may not be employed in the construction, operation or maintenance of any facility that is used for religious instruction or worship.

Appropriate standards for health and safety in work and training situations will be maintained at all times. The health and safety standards shall be at least as effective as that which would be required under the Occupational Safety and Health Act of 1979 (29 U.S.C. 651 et seq.). The Employer further agrees to keep records of participant injuries and illnesses in accordance with the provision of Part 1904 of Title 29 of the Code of Federal Regulations.

None of the funds appropriated under this contract shall be used for any political activity, lobbying of federal, state or local legislators, or to promote or oppose unionization.

All laborers and mechanics employed by the contracted OJT employer or any of its sub-contractors in any construction, and/or alteration or repair (including painting and decorating of projects and buildings), which are federally assisted shall be paid wages at rates not less than those prevailing on similar construction in the locality, in accordance with the Davis-Bacon Act.

SFW funds shall not be used to make contributions to retirement plans on behalf of participants.

SFW funds can only be used for reimbursement of regular wages up to the agreed upon reimbursement amount. If an employee works overtime, the employer must pay the full amount of the overage for overtime wages.

The Service Provider, the One Stop Career Center, or both will recruit and counsel the trainee, monitor the trainee’s performance, provide the trainee with pre-employment skills training, referral to other supportive services, and follow-up after completion of the training. These services will be provided at no cost to the employer.

The Employer shall inform the Service Provider following completion of the individual's training as to whether or not the employer has retained the trainee as a permanent employee, and if not, the reason(s) why.

Either party may terminate this contract for convenience by giving the other notice thirty (30)-days prior to the effective date of termination. The termination notice must be in writing and signed by an authorized agent of the terminating party. During the interim between the termination notice and date of termination, the South Florida Workforce will reimburse only those costs incurred pursuant to normal operations as set out in the contract between the parties.

No trainee may be hired under this contract if nepotism exists: the Contracted OJT Employer shall not hire a person in an administrative capacity, staff position, or on-the-job training position funded under this Contract if any member of the individual’s immediate family is employed in an administrative capacity with the Contracted OJT Employer. The Contracted OJT Employer’s staff person shall not appoint, employ, promote or advance, or advocate for appointment, employment, promotion or advancement in or to a position in the organization over which the staff person exercises jurisdiction or control over any individual who is a member of the individual's immediate family. Immediate family shall be defined as: wife, husband, son, daughter, mother, father, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, first cousin, grandparent, or grandchild. An individual may not be appointed, employed, promoted or advanced in, to a position or to a funded organization if such appointment, employment, promotion or advancement has been advocated by a staff person serving in or exercising jurisdiction or control over the entity who is also a member of the individual’s immediate family.

The Service Provider Agrees:

That the training time does not exceed the maximum allowable for each occupation according to the Specific Vocational Preparation (SVP) levels, meaning the amount of time required to learn the technical questions, acquire information and develop the facilities for average performances in a specific job.

To provide outreach and recruitment, motivational counseling, supportive services and other assistance to the participants while they are in training, as well as any needed follow-up after training as requested by the employer.

To update the participant's Career Plan on an on-going basis.

To conduct on-site monitoring of the OJT employer to verify compliance with the terms of the OJT contract.

To certify the validity and propriety of amounts requested by the employer for reimbursement of cost related to the OJT. South Florida Workforce's financial obligation shall be limited solely to the amount and terms of the contract.

To verify payroll and time and attendance records.

To assure that the training is being provided as specified in the OJT contract.

All of the above mentioned duties must be documented and records maintained in the participant's file.

The Employer Agrees:

To provide training to a participant to attain acceptable entry level functioning in the occupation, as it exists in the employing establishment and as displayed on the attached outline of On-the-Job Training.

To hire participants as members of the regular work force and to retain the participants at the conclusion of the contract, provided that the participants are able to adequately perform the job.

To provide On-the-Job Training utilizing only employees of the organization to provide instructions.

To maintain Workers' Compensation coverage for all trainees in an amount that is consistent with Chapter 440 of the State of Florida Statutes.

To the extent permitted by state law, the Employer agrees to hold harmless and, if necessary, defend and indemnify the Service Provider and/or its funding sources from all claims, liabilities, suits of any nature whatsoever arising out of, because of, or due to any breach related to the implementation of this contract.

To submit an invoice(s) and time sheet(s) or comparable documentation for participant(s) showing claims for reimbursement. To submit invoices at the rate specified in the OJT contract for the specified period of the contract as supported by invoices and documentation of the accomplishment and completion of the performance information. The final claim for reimbursement must be submitted within 30 days of completion of the OJT contracted training hours.

To establish and maintain an auditable system, in accordance with recognized accounting practices. The Employer shall maintain records related to this contract and retain such records for five (5) years, or until all litigation, claims or audits have been satisfactorily resolved, whichever occurs later. The retention period begins upon the South Florida Workforce's payment of the final invoice.

To repay to the South Florida Workforce amounts found not to have been expended in accordance with the provisions of the OJT contract. The employer shall be liable to repay such amounts, from funds other than funds received under this contract, upon a determination that the mis-expenditure of funds was due to willful disregard of the requirements of the Act, gross negligence, or failure to observe accepted standards of administration. No such finding shall be made except after notice and opportunity for a fair hearing.

The Employer assures and certifies that it will comply with the requirements of the Workforce Investment Act of 1998 (P.L. 105.220) as amended, hereafter referred to as the Act, or Welfare Transition Program, as applicable and with the regulations and policies promulgated there under and all applicable OMB Circulars. The Employer further agrees to comply with all subsequent revisions, modifications, and amendments to the Act, regulations, policies promulgated and applicable OMB Circulars and with Titles VI and VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act and the Age Discrimination Act, as well as regulations promulgated pursuant to those acts. Failure of the employer to accept or comply with changes which affect the terms of this contract, and which the Service Provider shall present, in writing, shall be sufficient basis for termination by the Service Provider.

The Employer understands and agrees that verbal communication between the parties will not be accepted in any audit determination or other matter involving interpretation of the rules, policy directives, and regulations governing the implementation of program activities under this contract.

The Employer agrees to give the Service Provider, the SFW, the Agency for Workforce Innovation, State of Florida, United States Department of Labor or Department of Health and Human Services and the United States Comptroller General, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to the contract and will maintain said records, books, papers or documents for a period of five (5) years from the date of termination of this contract, unless audit exceptions have been identified. If audit exceptions have been identified, the employer agrees to retain records until all audit exceptions are resolved. The Employer agrees to take corrective action for any matter found to be out of compliance as a result of the review by any of these parties.

The Employer agrees to obtain and maintain all applicable business licenses and comply with all ordinances and statutes of the state and insurance requirements.

The Employer agrees to maintain a grievance procedure to handle any grievances or complaints that the OJT participant may have. If the employer does not have one, he/she agrees to use the South Florida Workforce grievance procedures. If the Employer elects to use its own grievance procedures, the employer must advise all OJT participants of their right of appeal through the SFW grievance procedures.

The Employer agrees to comply with the provisions of the Certification Regarding Lobbying, Certification Regarding Debarment, Suspension and Other Matters, Public Entity Crime, Florida Clean Indoor Air Act and the Certification regarding a Drug-Free Workplace.

The Employer may invoice the South Florida Workforce at the negotiated frequency of payment that is convenient to the Employer. The frequency of payment that has been negotiated for the OJT contract will be outlined in the “Method of Payment” section of the OJT contract. The preferred method of invoicing is through the invoice form attached. If this form is difficult to complete because of the Employer's individual system then the Employer can use an alternate procedure.

The employer must submit copy of readable, time sheets, approved payroll register showing deductions and net pay and copies of cancelled payroll checks. When a competency payment is due, the employer must submit an original signed “Competency Certification” form.

The final invoice from the employer is due to the South Florida Workforce no later than thirty- (30) days after the completion of the total hours covered by the contract, or no later than thirty- (30) days after the end date of the agreement.

Employer Handbook Signature Page

I have read and understand the provisions as outlined herein and understand that these provisions are incorporated by reference in the following OJT contract(s):

OJT Contract Number (s): , , , , , &

Name of Authorized Employer Representative	Title

_________________________________________	________________________

Signature of Authorized Employer Representative	Date

Name of Authorized Employer Representative	Title

_________________________________________	________________________

Signature of Authorized Employer Representative	Date

Name of Authorized Service Provider	Title

_________________________________________	________________________

Signature of Authorized Service Provider Rep.	Date

Employer Handbook (OJT Contract: Attachment D)	Page 7 of 7	REV. 07/01/2004

II

Tec of South Florida

2004-06-22

mruiz

TEC Of South Florida