I.Purpose

This policy provides local area WIBs and stakeholders with clarification of program requirements for the delivery of Ohio's Workforce Investment Act (WIA) rapid response program. Additional program requirements and/or changes may be issued at a later date.

The Rapid Response Procedures Manual further clarifies and supports this policy.

II.Effective Date

October 1, 2010

III.Background

The objective of Ohio's rapid response service delivery system is to strengthen accountability, partnership, communication, professional development, and timely access to needed services to customers. This policy outlines Ohio's rapid response service delivery system.

As new changes, implementation, and revisions of Ohio's rapid response service delivery system take place, clarification will be transmitted through policies and the Ohio Rapid Response Procedures Manual. Detailed description and procedural activities are found in the Ohio Rapid Response Procedures Manual. This manual is provided during rapid response training and will be updated as needed to reflect any changes. Copies will also be available online at http://www.ohiored.gov/Misc/RRProcedureManual.pdf

IV.Requirements

A.Overarching Principles

The Workforce Investment Act holds states responsible for the provision of rapid response services. Ohio's rapid response program requirements shall ensure that both workers and employers have expedient access to services when facing real or potential downsizing or plant closures. Rapid response activities may be a short-term solution to an immediate need for employers as well as workers.

In order to establish a robust, efficient, timely, and high quality service delivery system, strong partnerships at both the State and local levels are critical. These partnerships are the foundation for Ohio's rapid response service delivery system.

In Ohio, rapid response services are delivered at the local level through local area Workforce Investment Boards (WIBs) and their One-Stop systems. Local WIBs validate their role as the service delivery mechanism through signing a Notice of Intent (NOI). This NOI requires adherence to State policy and procedure requirements defined in this issuance, the Rapid Response Procedures Manual, and any future policies issued by the State. Should local WIBs choose not to participate in the rapid response delivery system, or fail to follow Ohio rapid response policies and procedures the State will offer technical assistance as needed by the local WIB. However, it is the State's intent, should the need arise, to identify alternate delivery methods in order to fulfill its statutory requirements.

B.Roles and Responsibilities

Each One-Stop system must have a State/local area rapid response team made up of the following mandated partners: ODJFS Regional Rapid Response Coordinator (RRRC) a local area Rapid Response Coordinator (RRC) (representing the WIB / WIA / One-Stop system); the Ohio Department of Development (ODOD) Business Service Representative (BSR); and the State Contracted Designee (SCD). Each mandated partner also must assign backup representatives to participate in the State/local area rapid response team to ensure responsibilities are fulfilled.

The ODJFS Rapid Response Unit will oversee Ohio's rapid response service delivery system, ensuring compliance with federal and state requirements and implementation of program initiatives, and providing support, guidance, technical assistance, and financial resources to the State/local area rapid response teams and stakeholders.

Specific responsibilities of the mandated State/local area rapid response team members are as follows:

1.ODJFS Regional Rapid Response Coordinators (RRRC)

The RRRCs are made up of individuals from ODJFS staff, out-stationed throughout Ohio and assigned to specific areas of the state, as identified on the Rapid Response Regional Map.

Their responsibilities are:

• To be actively involved with each local area WIB or One-Stop system's rapid response team, supporting, assisting, and coordinating activities around dislocation events within their respective regions.
• Working in partnership with the State/local area rapid response team members, the ODJFS RRRC will regularly communicate with the ODJFS Rapid Response Unit, providing updates on events, advising when additional assistance is needed to meet service delivery needs, recommending applications for additional rapid response funds for local events, and ensuring sufficient resources are available to address Unemployment Compensation (UC), Trade, and re-employment service needs.
• To assist the rapid response team in meeting all requirements of Ohio's delivery system.

2.Local Rapid Response Coordinators / Backups (Local RRC)

Designees from each One-Stop system and WIB will work collaboratively with all mandated rapid response team members by:

• Representing One-Stop partners, conducting rapid response services, and ensuring WIA program services are available as needed for dislocation events in their areas.
• Bringing in appropriate representatives from counties within their One-Stop systems or WIBs to help ensure consistency of services throughout multi-county systems and draw necessary resources from local partners as needed to meet employer and worker needs.
• Ensuring that workers served in rapid response activities have a smooth transition to on-going services available through formula-funded programs as appropriate in an efficient, streamlined, and timely manner.

3.ODOD BSRs / Backups

ODOD has designated a representative to each region to participate on the State/local area rapid response team. Access to layoff aversion assistance will be offered through the ODOD BSRs.

As part of the layoff aversion effort, the ODOD BSR should also examine the potential impact of layoffs on the affected company's upstream and downstream firms. Upstream, or the affected company's vendors/suppliers, and the downstream, or the affected company's customers, also feel the effects of a layoff or plant closure in the community. Communication with the affected employer early in the rapid response process will aid the outreach efforts and lessen the adverse effects on these vendors, suppliers, and customers. If an out-of-state impact is determined, the ODOD BSR should contact the ODJFS Rapid Response Unit and inform them of the pending potential impact.

4.ODJFS State Contracted Designee (SCD)

Working collaboratively with the State/local area rapid response teams, representatives from the SCD will assist the teams with the provision of specific rapid response activities:

• Workforce Transition Committee / Labor Management Committee
• Transition Centers
• Peer-to-Peer Assistance

A determination will be made during the initial phase of notification, research, and meeting preparations with the employer as to how best to utilize the representatives of the SCD. Representatives may be involved with union or non-union dislocation events - the extent of involvement will be determined by the local team. However, the State reserves the right to engage further assistance and involvement if warranted throughout any phase of serving the employer and/or workers tied to specific dislocation events.

C.Rapid Response Team Protocol Meeting

The expectation is that the four mandatory partners delineated above will act in coordination and agreement during any and all layoffs in their particular region regardless of the size of the event. Each local rapid response team must develop a standardized protocol to ensure that each mandated rapid response team member is included in each step of the rapid response process. The group will collectively decide the primary contact for the employer to ensure consistency, efficiency and accountability. The primary contact will be responsible for the timely dissemination of information to the other mandatory partners to ensure accurate and up to date information is available and communicated to other stakeholders, partners and the ODJFS Rapid Response Unit. As indicated above, the RRRC is ultimately responsible for providing updated information to the ODJFS Rapid Response Unit and as such, will bear the ultimate responsibility and oversight for each event. In the event the mandated partners cannot agree on an appropriate employer contact or plan of action, the responsibility will default to the RRRC. Collaboration and coordination by all rapid response team members should be the chosen path in the interest of quality, efficient and complete customer service.

D.Training Requirements

A comprehensive training curriculum has been developed to ensure all stakeholders are fully knowledgeable of the processes required for handling rapid response services for dislocations across Ohio. In order to ensure each State/local area rapid response team is fully trained on these procedures and are proficient in standard rapid response processes and policies, all State RRRCs, local RRCs, ODOD BSRs, SCDs, and their respective backups are mandated to attend rapid response training sessions identified by ODJFS.

E.Dislocation Events

An "event" is defined as any situation in which workers are at risk of layoff due to a facility downsizing or closure. Sources for this information can include, but are not limited to: media, individual worker notice, issuance of a Worker Adjustment and Retraining Notification (WARN), or by word-of-mouth. The classification of an event is without regard to the number of individuals potentially impacted.

The RRRCs or any local rapid response team member is required to begin the rapid response process when information of a layoff or closing within the area of their corresponding One-Stop system becomes known.

F.Required Rapid Response Activities

All local WIBs and One-Stop systems that have agreed to be a part of the local area rapid response service delivery system must have the following array of rapid response services available, as needed, for local employers and impacted workers:

• Preliminary steps upon notification of potential event (notification, research, strategy meeting, approved plan)
• Initial employer meeting
• Rapid response worker orientation sessions
• Rapid response dislocated worker surveys
• Workforce Transition Committees or Labor-Management Committees
• Peer-to-Peer Assistance
• Transition Centers
• Job / Career / Education fairs
• Workshops including job seeking skills, resume writing, interviewing, basic computer literacy classes, other computer classes, and remedial education
• Job search assistance

The above list represents the minimum services that must be readily available. A complete list of rapid response activities is found in WIA regulations, 20 CFR 665.310. On-going technical assistance to local WIBs and One-Stop systems is available through the ODJFS, OWD.

G.Mandatory Rapid Response Process

The following steps are required for every dislocation event. Because of the uniqueness of each event, the State recognizes that variances may be necessary. However, should variances occur wherein the mandatory process is not feasible, the State RRRC and local area RRC must follow reporting requirements listed in section G to the extent that information is available. Detailed descriptions and procedures for each step in the process are found in the Ohio Rapid Response Procedures Manual.

1.Notification: Upon identification of an event within the One-Stop system, the State RRRC and the local area rapid response team determine who will act as the lead for this particular event. The lead becomes responsible for informing all stakeholders, at the state and local level, of the event within 24 hours or one business day. During this phase, it is also determined who will initiate contact and act as the primary contact with the employer.

2.Research: Immediate sharing of information among stakeholders is a critical first step when notification of an event occurs. This "behind the scenes" step will assist in providing a knowledgeable and professional impression when making the initial contact with the employer. Available opportunities for layoff aversion activities must be explored during this step with ODOD BSRs and other appropriate stakeholders.

3.Initial Contact: Opportunity for the informed primary contact to make initial contact with the employer about the possible dislocation and discuss rapid response services available to the employer and employees.

4.Strategy Meeting: From data gathered during the initial contact with the employer, the primary contact assembles the State/local area rapid response team to develop a strategy in preparation for the upcoming initial meeting.

5.Initial Employer Meeting: Ideally with representatives from both the employer and the labor union (if applicable) in attendance, a small team will present a standard agenda and marketing of rapid response services based on the strategy meeting. Outcomes may include the creation of an LMC and/or an approved plan of activities to serve the employees potentially being dislocated. If possible, rapid response worker orientation sessions will be scheduled at the initial meeting.

6.Approved Plan for Services: This will outline the services determined to best assist the affected workers. If an LMC is recommended, the approved plan can be an outcome of that effort.

7.Rapid Response Worker Orientation: An open forum for affected workers to become informed of the array of available rapid response services, resources, and benefits available to assist them.

8.Additional Rapid Response Services: Components of an approved plan may contain additional activities such as transition centers, workshops, on-site job services, or career fairs to better assist the affected workers.

8.Transition to Local One-Stop Services: Rapid response funding can address immediate and short-term training needs. The One-Stop will be the connection for workers to obtain long-term training and/or other services via the WIA Dislocated Worker Program or other available funding sources.

10.Post Rapid Response Follow-up: This is an opportunity to review the previous steps of the rapid response process, and an opportunity for continuous improvement. The ODJFS Rapid Response Unit and local One-Stop system will evaluate the quality of the local rapid response service delivery and policy adherence, and assess the effectiveness of the rapid response process in assisting dislocated workers to gain access to all available services, resources, and benefits. Each local rapid response delivery system will be reviewed to determine its level of providing outreach and linkage to the dislocated worker. The ODJFS Rapid Response Unit will measure the accuracy and completeness of data entry in SCOTI mini-registration and OhioRED.

H.Reporting Requirements

Ready access to accurate up-to-date information for Ohio's dislocation events is critical to many stakeholders at the State and local level. These data are also a key factor in assessing the need for financial assistance at the State and federal level, and is required when applying for National Emergency Grants (NEG) through the United States Department of Labor. For these reasons, the State is mandating the collection and reporting of rapid response data elements at the local level.

There are two levels of reporting for dislocation events: employer and worker. This requires the utilization of two separate data systems.

Employer /event data tracking Ohio Rapid Event Data:

ODJFS has implemented a rapid response information tracking system, OhioRED. OhioRED records all of the information significant to the dislocation event from the initial contact with the employer through the worker orientation session(s) for the impacted workers. The system is a hub that tracks and facilitates scheduling as well as services among the state staff, local staff, contracted partners, ODJFS, CDJFS offices, One-Stop systems and local workforce areas.

Initial data for each dislocation event must be entered into OhioRED within 24 hours or one business day of event verification. The individual responsible for data entry shall be determined by the local rapid response team, and may vary by event. Additional mandated data entry timelines can be found in the Ohio Rapid Response Procedures Manual.

In order to ensure consistency of data collected for sufficiently tracking and reporting Ohio's dislocation events, four forms have been developed for use at the local level. Forms can be found in the procedure manual, through Forms Central using the following form numbers:

ODJFS Initial Rapid Response Contact Report (JFS 01810)

ODJFS Rapid Response Characteristics Worksheet (JFS 1811)

ODJFS Post-Initial Meeting Rapid Response Report (JFS 01812)

ODJFS Post Orientation Rapid Response Report (JFS 01814)

OhioRED event entry must comply with the U.S. Department of Labor (DOL) NEG funding guidelines. Therefore, a new OhioRED dislocation event entry must be made for each layoff which occurs more than 30 days from the original layoff date. Additional layoffs occurring within 30 days of the original layoff date should be captured under the same OhioRED event. Further clarification is available in the Ohio Rapid Response Procedures Manual.

Worker Data (SCOTI Mini-Registration):

All individual workers who attend a worker orientation session must be entered into SCOTI mini-registration. Data for the SCOTI mini-registration can be acquired, among other methods, by using the State's Dislocated Worker Survey (JFS 08124). The rapid response identification (RRID) number assigned at the point of data entry into OhioRED will be entered into SCOTI mini-registration in order to track individual workers accessing services from each event. Although data elements are minimal for workers at this level of service, it is the beginning of a log of services that can then be used to ensure a smooth transition to WIA program enrollment, should additional services be needed.

It is anticipated that the most common point of initial entry for individual workers will follow a worker orientation session. However, for those workers who do not attend an orientation session but who visit a One-Stop seeking assistance, the appropriate RRID number must be identified and entered accordingly into SCOTI mini-registration as supplemented by information gathered in the State's Dislocated Worker Survey. The data will assist in tracking workers from specific events and can be used to justify need for additional rapid response funds and potential NEG funds, as well as provide the State with data needed to assess the impact of rapid response services throughout the state.

The designated local rapid response team member must enter potentially affected worker data into SCOTI mini-registration within five (5) working days of the worker orientation session(s). The only exception for this five working day window is if the One-Stop uses the Ohio standardized dislocated worker survey and chooses to mail the completed surveys to the ODJFS Rapid Response Unit for entry,

I.Transitioning from Rapid Response Services to the Local Area WIA Program

Expedited access to needed services is essential for impacted workers who are eligible for enrollment into local WIA formula-funded programs. All rapid response services that individuals have received prior to determination of WIA eligibility should be considered when developing a service strategy in order to eliminate duplication of services, expenditures, and engage the worker in program services. All WIBs and One-Stop systems must develop local procedures that identify all impacted workers during their initial visits to the One-Stops in order to build upon any rapid response services they may have previously received. These procedures must ensure that workers can quickly access needed services without unnecessary delays.

WIBs are required to submit their rapid response customer identification procedure on how workers will be identified at the One-Stop and what the process will be to connect these workers to formula-funded program services in a timely manner. The customer identification procedures must be e-mailed to the ODJFS Rapid Response Unit within 45 days from the issuance of this policy. Please direct e-mails to: RAPDRESP@JFS.OHIO.GOV. The subject line of the e-mail should state: Rapid Response Customer Identification Procedures.

Eligible workers served in the rapid response program must be enrolled in the local formula funded dislocated worker program when staff-assisted services are needed and provided. The RRID number must be entered in the Dislocated Worker Eligibility field in SCOTI for eligible workers enrolled in the local formula funded dislocated worker programs. Workers receiving non-registered services and/or are participating in rapid response group activities (i.e. workshops, information sessions, etc) are not required to be enrolled into the local dislocated worker program. As with all other individuals enrolled in the local dislocated worker rapid response formula program, all WIA dislocated worker program eligibility requirements must be met and documented appropriately, following WIATL 27, Source Documentation Guide to WIA Eligibility.

Rapid Response Funding

If it is determined that rapid response funds are needed in order to respond to a dislocation event, local area WIBs must apply using the application for rapid response emergency assistance funds. Detailed instructions on the application procedures are available through the ODJFS procedure manual appendix. It is important to note that rapid response funds are intended to supplement the local dislocated worker formula-funded program, not act as a replacement for these funds. Rapid response funds are to ensure that efficient early intervention strategies are available for dislocation events, with effective transitions to local WIA formula-funded programs for those workers in need of long term assistance.

Upon receipt of rapid response funds for approved dislocation events, local WIBs must ensure that impacted workers are not turned away from services based on residency.

In order to most effectively utilize rapid response funds, the State will use incremental funding for all approved applications. Remaining approved funds may be allocated in quarterly increments depending on the local areas' expenditure rates. The purpose of incremental funding is to allow for better monitoring of the flow of program funds and for the redirection of funds throughout the year as circumstances change.

V.Technical Assistance

For additional information, you may send your questions to the ODJFS, Office of Workforce Development: WIAQNA@JFS.OHIO.GOV.

VI.References

Rapid Response Procedures Manual

Workforce Investment Act of 1998, Public Law 105-220

Workforce Investment Act Final Rules, 20 CFR Part 652, et al.

National Employment Law Project Report (NELP) 11/12/2008

Rapid Response System, response to NELP study on Ohio's Rapid Response System, 12/16/2008

The Worker Adjustment and Retraining Notification Act (WARN)

Rescission

WIAPL 09-05.2, Local Rapid Response Program Requirements

WIAPL 09-05.1, Local Rapid Response Program Requirements

WIAPL 09-05, Local Rapid Response Program Requirements