I.Purpose

Ohio is committed to providing workforce solutions throughout the business cycle to all of its customers and can do so when delivery of rapid response (RR) incorporates the following: employer layoff and closure events and layoff aversion. The purpose of this policy is to outline the requirements to deliver the RR program when funding is being used to support the needs of the employer and employees during an employer layoff and/or closure event.

II.Effective Date

July 1, 2014

III.Background

The objective of Ohio's RR delivery system is to strengthen accountability, partnership, communication, professional development, and timely access to needed services for employers and dislocated workers. Rapid re-employment is the central purpose of RR and is done by helping workers impacted by an employer layoff and/or closure event quickly transition to new employment, minimizing the duration of unemployment, or averting layoff when possible.

Under WIA section 134(a)(2)(A)(i), each state is responsible for providing RR activities. Ohio will utilize a combination of state/local teams, as well as eligible service providers to be most effective in serving at-risk workers and employers.

The Ohio Department of Job and Family Services (ODJFS), Office of Workforce Development (OWD) is the agency responsible for the administration of WIA and RR programs. The OWD RR Unit will oversee Ohio's RR program to ensure compliance with federal and state requirements. Detailed operation descriptions and procedural guidelines are found in the Ohio Rapid Response Procedures Manual. This manual is updated as needed to reflect any necessary changes in implementation of the program. Copies are available online at http://www.ohiored.gov/misc/RRProcedureManual.pdf.

IV.Definitions

Back-up local area rapid response coordinator: An individual serving back-up to the local area rapid response coordinator on the RR team.

Employer: An individual, business, company, firm, agency, organization, etc. that employs one or more people.

Event: Any situation in which workers are at risk of layoff from a downsizing or closure of an employer's Ohio business, facility, or agency.

Layoff: A separation due to the lack of work or other factor(s) not related to the behavior of the employee.

Local area rapid response coordinator (LC): An individual representing the local WIB, workforce investment area, and OhioMeansJobs Centers on the RR team.

Notification: The process by which an individual on the RR team is made aware of a possible layoff or employer closing. A notification can come from a variety of sources, including, but not limited to: a Worker Adjustment Retraining Notification Act (WARN) letter, word of mouth, the media, local Chamber of Commerce, OhioMeansJobs Center, union officials, local government, etc.

ODJFS regional rapid response coordinator (RC): An ODJFS staff member assigned to a specific area of Ohio representing ODJFS and leading the activities of the local RR team.

OhioMeansJobs.com: An online job-matching tool created to assist job seekers in exploring careers and job opportunities and to connect employers with potential workers.

Ohio Rapid Event Data (OhioRED): An information tracking system that records all employer event information and data on the delivery of RR services.

Ohio Rapid Response Workforce Survey (RRWS): The standardized survey used in Ohio to identify demographics of the affected workforce and serve as a preliminary needs assessment.

Ohio Workforce Case Management System (OWCMS): A system used by workforce professionals to gather and report program data and information for the following programs: WIA, Wagner-Peyser, Veteran, Apprenticeship, Migrant and Seasonal Farmworker, Foreign Labor Certification, and Trade.

Permanent closure: The permanent shutdown of an Ohio business, facility or agency.

Rapid response (RR) team: Individuals from state and local workforce entities that respond collectively to layoffs and closures that occur within their local area and to assist in providing RR services to employers and affected workers.

Worker Adjustment Retraining Notification Act (WARN): A notice required when a business with more than 100 full-time workers (not counting workers who have less than six (6) months on the job and workers who work fewer than 20 hours per week) is laying off at least 50 people at a single site of employment, or employs 100 or more workers who work at least a combined 4,000 hours per week, and is a private for-profit business, private non-profit organization, or quasi-public entity separately organized from regular government.

V.Rapid Response Employer Event Determination

The classification of an event is without regard to the industry, size of the employer, the number of individuals potentially impacted, or the time between notification and layoff date. RR processes and activities should be provided to all employers regardless of the size of the event and how the RR team was notified. Employees at risk of becoming unemployed are considered to be Potentially Affected Workers (PAWs).

There are two types of events:

1.WARN Event - Any employer that provides written notice of a layoff or closure with intent to meet the federal WARN requirements.

2.Non-WARN Event - Any employer that provides any form of notice of a layoff that does not meet the federal WARN requirements.

VI.Requirements

A.Identification, Roles and Expectations of the Rapid Response Team for Employer Layoff and Closure Events

Each workforce area must have a state/local area RR team made up of the following partners and fulfilling the following roles when responding to an employer closure or layoff event:

1.RC: The RC will:

a.Lead team members to effective delivery of the RR program and other services to employers and impacted workers;

b.Direct team members in the development of operations protocol;

c.Coordinate resources within the defined region, which includes coordination with other workforce areas as necessary to ensure timely, effective, and consistent delivery of RR services;

d.Collaborate with other RCs and other local WIA RR teams for events and initiatives that are regional or statewide;

e.Review the RR funding application prior to submission and recommend revisions as necessary; and

f.Instruct the team on the best course of action when other employers are at risk of downsizing or closing due to an event.

2.LC: The LC will coordinate and facilitate the following activities:

a.Collaborating among partners;

b.Determining the re-employment strategy that best fits the opportunity;

c.Developing a customized RR service delivery plan for every employer event;

d.Guiding the team through the funding application process, including applying for funds and submitting the form to the RC for review;

e.Assisting in the implementation of the RR service delivery plan; and

f.Capturing the data associated with the event and service delivery plan.

3.Back-up LC: The back-up LC will serve as a backup representative participating on the RR team to ensure responsibilities are fulfilled whenever the assigned LC is unable to fulfill duties.

The RR team should develop protocol to ensure the team works together so services are provided to employers and affected workers in a timely, efficient and high quality manner. The RR team's protocol should not just address procedures for handling an event, but should also include protocol for reaching out to businesses experiencing growth. If reaching out to employers with job opportunities is not part of the protocol, it will be difficult to connect PAWs to re-employment opportunities. Additionally, the protocol should be developed to ensure communication amongst the team members while maintaining the flexibility to customize for the needs of individual employers and employees impacted by an event. Collaboration and coordination by all RR team members is crucial to success of this program.

For employer closures and layoff events, the RR team will work collaboratively to:

• Develop a process to address calls from employers and employees requesting information regarding federal and state programs and their requirements (e.g., WARN, Unemployment Compensation, or Trade Adjustment Assistance);
• Identify the range of skills and abilities of the affected workforce and compare with local workforce needs to match the impacted workers with job vacancies for rapid re-employment;
• Develop a service delivery plan that identifies the strategies to engage local employers in rapid re-employment activities and identifies the outreach strategies that highlight the skills of the impacted workers. The plan must utilize resources, such as on-the-job training (OJT) and/or customized training, which will most effectively serve both the impacted workers and the targeted employer's needs;
• Examine the potential impact of layoffs on the affected company's upstream and downstream customers and suppliers to determine an appropriate course of action to connect impacted companies to RR early intervention services;
• Ensure PAWs register in OhioMeansJobs.com to increase re-employment opportunities.

B.Rapid Response Information Tracking for Employer Layoff and Closure Events

ODJFS has implemented an RR information tracking system, OhioRED. This system records all of the significant information and data from each event beginning with notification and initial contact with the employer, through the transition of affected workers to the OhioMeansJobs Centers and the local workforce development system.

Local RR teams must record WARN and Non-WARN events and any subsequent updates in OhioRED on a timely basis and in accordance with the Ohio Rapid Response Procedures Manual.

C.Rapid Response Workforce Data for Employer Layoff and Closure Events

Local RR teams must utilize the RRWS to identify demographics of an impacted workforce for a preliminary needs assessment that will be used by the RR team to develop a service delivery plan as described in Section VI. A. 3. The RRWS, 08124, can be found at http://www.odjfs.state.oh.us/forms/inter.asp.

All RR team members, service providers, and any contractors that receive or access personally identifiable information (PII) on impacted workers must safeguard the information from disclosure in accordance with federal and state confidentiality laws, rules, and policies. The data can be disclosed in aggregate to provide insight on workforce trends and labor availability.

D.Rapid Response Process for Local RR Teams - Employer Layoff and Closure Events

The typical flow for responding to an employer layoff and/or closure includes, but is not limited to the following elements:

• Notification;
• Research early intervention services;
• Initial contact;
• Strategy meeting;
• Initial employer meeting;
• Plan for services;
• Rapid response worker orientation;
• Additional rapid response services;
• Transition to local OhioMeansJobs Center services; and
• Post rapid response follow-up.

Because of the uniqueness of each event, variance in the delivery of the process flow may be necessary. However, when it is not feasible to incorporate all elements into the service delivery plan, the RC and LC must still follow required reporting criteria outlined in section F of this policy.

Transitioning from Rapid Response Services to the Local Area WIA Program

Local procedures should be in place to identify the workers served under the RR system and RR services received. All RR services that individuals receive prior to determination of WIA eligibility must be considered when developing service delivery strategies for workers that receive additional services under WIA. Such consideration will help prevent duplication of services and ensure that workers can quickly access needed services.

E.Required Rapid Response Activities for Employer Layoff and Closure Events

As part of the local area RR service delivery system, all local WIBs and OhioMeansJobs Centers must have the following array of services available, as needed, for local employers and impacted workers:

• Layoff aversion;
• Ohio RRWS;
• RR worker orientation sessions;
• Job search assistance;
• Job-readiness workshops including, but not limited to, registration into OhioMeansJobs.com, job seeking skills, resume writing, interviewing, basic computer literacy classes, other computer classes, and remedial education;
• Transition centers (preferably on-site or off-site within close proximity to employer);
• Workforce transition committees;
• Peer-to-peer assistance program;
• Job/career/education fairs.

The above list represents the minimum services that must be readily available and should be offered with the end goal of rapid re-employment. A complete list of rapid response activities is found in 20 CFR 665.310.

Additionally, to assist workers impacted by employer layoff and closure events, House Bill 2 (130th General Assembly) made changes to Ohio's Unemployment Compensation law by requiring claimants to connect with job opportunities and to participate in re-employment activities through the OhioMeansJobs.com system and/or OhioMeansJobs Centers. Unemployment Compensation (UC) Letter No. 02-14 and the UC Policy Guide provide additional guidance on the required re-employment activities.

F.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 workforce development systems. These data are also a key factor in assessing the need for financial assistance at the state and federal levels.

There are two levels of reporting for dislocation events:

1.Employer/event data tracking in OhioRED;

2.Worker data.

All individual workers who attend a worker orientation session must be entered into OWCMS mini-registration. Data for the OWCMS mini-registration can be acquired, among other methods, by using the state's RRWS. The rapid response identification (RRID) number assigned at the point of data entry into OhioRED will be entered into OWMCS 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.

G.Funding for Rapid Response Employer Layoff and Closure Events

Rapid response emergency assistance funds (RREAF) are available to local areas allowing flexibility in serving affected workers and employers.

RREAF are intended to supplement the local Dislocated Worker formula-funded program, not act as a replacement for these funds. These funds are to be used to ensure the effective delivery of RR services and an efficient transition to any additional services needed for re-employment (e.g., referrals to WIA formula-funded programs, Adult Basic and Literacy Education (ABLE) services, financial services, etc.).

If the local RR team determines that RR funds are needed for a dislocation event, the local area WIBs must apply using the Application for Rapid Response Emergency Assistance Funds-Layoff or Closure Event Service Plan, which is attached to this policy and is maintained on the ODJFS OWD website. The OWD RR Unit will review and approve the application.

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

Depending on the RR funded activities associated with the dislocation event, the local area may be required to enter participant information into OWCMS under Special Grants. By reporting information into OWCMS, the local area may report outcomes.

VII.Monitoring

Local area monitoring must include an evaluation of the effectiveness of the area's response to the event. This must include an assessment of collaboration among RR teams and members, the efficiency of service delivery to employers and affected workers, timeliness and completeness of data entry into OhioRED and/or OWCMS, and use of funds in a manner that is consistent with the funding application and federal and state laws and local procedures.

Through the state's monitoring system, program and fiscal monitors will review the local area's implementation of RR activities during the annual onsite monitoring review for compliance with local policy, the funding application, and federal laws and regulations. Any compliance issues will be handled through the state's findings resolution process.

VIII.Technical Assistance

The OWD Rapid Response Unit will oversee Ohio's RR program to identify notable practices and document RR activity throughout the state. The OWD Rapid Response Unit will also provide oversight of the activities of the local RR teams. The unit will provide support, guidance, training, and technical assistance to local teams; review, manage, and report out on data deriving from local activity; and provide financial resources to the local RR teams and stakeholders. Ongoing technical assistance to local WIBs and OhioMeansJobs Centers is available through the OWD Rapid Response Unit.

For additional information, questions may be sent to the OWD Rapid Response Unit: RAPDRESP@jfs.ohio.gov.

IX.References

Ohio Rapid Response Procedures Manual

Workforce Investment Act of 1998, Public Law 105-220

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

The Worker Adjustment and Retraining Notification Act

House Bill 2 (130th General Assembly)

UC Letter No. 02-14

UC Policy Guide

Rescission

WIAPL No. 09-05.3

WIAGL 4-2001