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 RR program requirements when funding is being used to support layoff aversion activities.

II.Effective Date

July 1, 2014

III.Background

The Workforce Investment Act (WIA) RR program is designed to be proactive by providing layoff aversion services. Layoff aversion is one of the required early intervention services that the local area RR service delivery system must make available. It is an ongoing effort, not a one-time event, and should be conducted as local businesses and economies are contracting and expanding. Training and Employment Notice (TEN) 9-12 states that layoff aversion saves jobs, increases economic productivity, decreases negative impacts of unemployment, and ensures more resources are available to provide comprehensive services to those individuals with greater needs. This concept is critical in creating and sustaining high-performing RR systems. RR benefits employers by helping them prepare for and manage economic transition and related workforce challenges. Ohio's RR program is committed to the development of Ohio's workforce by investing resources in the continual development of employee skills.

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.

Early intervention services: Customized services provided in a rapid and efficient manner and delivered prior to or after the layoff date.

Layoff aversion: A strategy that prevents and/or minimizes unemployment for employees of companies that have either announced layoffs, or are struggling and at risk of downsizing.

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

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.

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

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.

Rapid response incumbent worker training (IWT): Training provided to an employed worker who is at risk of layoff and needs additional skills to avoid impending layoff.

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

V.Layoff Aversion Strategies

The U.S. Department of Labor (USDOL) Employment and Training Administration considers a layoff averted when:

• A worker's job is saved with an existing employer that is at risk of downsizing or closing;
• A worker at risk of dislocation transitions to a different job with the same employer; or
• A worker at risk of dislocation transitions to a new job with a different employer and experiences no or a minimal period of unemployment.

The RC coordinates with community partners, including the local workforce area and economic development, to identify at-risk companies and develop a customized plan to address each company's unique set of circumstances. Layoff aversion strategies can be effective tools to assist employers in developing the skilled workforce necessary to adapt to the changing economy, to stay in business, and to retain employees.

Therefore, the benefits of layoff aversion include retaining jobs in the economy and critical industries in the region, promoting new industry-sector growth strategies and new jobs in the economy, and providing improved coordination between partners. These strategies include, but are not limited to:

• Pre-feasibility studies: an assessment of the possibility to continue operation of the employer and under what conditions, the likelihood of the employer not closing or reopening, and the possibility that the closing can be averted;
• Employee buyouts;
• Succession planning;
• Establishing early warning networks: a network of local partners, including but not limited to, economic development, chambers of commerce, and employment services, who assist in identifying employers at risk of closing or layoffs;
• Economic trend monitoring: an analysis of industry trends, such as whether a particular industry is growing, stable, or declining, within a region;
• Asset mapping: the identification of resources in the community that may provide assistance to an employer in need;
• Rapid response incumbent worker training (IWT): IWT is a business service designed to develop a highly skilled workforce, which will result in increased employer financial viability, stability, competitiveness, and productivity. To avert the risk of a closing, IWT can be developed with an employer to maintain its competitive status, incorporate new technology, or prevent job loss.

Employers may benefit from the following types of training for incumbent workers:

• Skills upgrade training;
• Customized training;
• Occupational skills training.

Detailed descriptions of allowable costs for IWTs as well as the listing of qualifying criteria for employers to participate in IWTs are found in the Ohio Rapid Response Procedures Manual.

Based upon a thorough assessment, it may be determined that an employer could be better served through a program not funded by RR. Therefore, it is important to gather sufficient information and work with the RC and OWD RR Unit to determine the appropriate mix of services to meet the employers' needs.

VI.Requirements

A.Identification, Roles and Expectations of the Rapid Response Team for Layoff Aversion Activities

The local WIBs have the unique opportunity to implement proactive programs, thereby saving jobs and helping their communities grow and prosper. Each workforce area must have a RR team consisting of the following partners and fulfilling the following roles when coordinating layoff aversion activities:

1.RC: The RC will:

a.Lead team members to effectively deliver services to employers throughout the business cycle (normal expansion and contractions of economic cycle);

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

c.Identify the opportunity to conduct layoff aversion activities to the local WIB;

d.Determine the layoff aversion strategy that best fits the opportunity;

e.Develop project plan and proposed funding needed;

f.Guide teams through employer and worker assessments in use of IWT for layoff aversion; and

g.Review the RR funding application prior to submission to ODJFS Rapid Response Unit and recommend revisions as necessary.

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

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

b.Assisting in the implementation of the layoff aversion activity; and

c.Capturing the data associated with layoff aversion.

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 RC and the LC are in the best position to identify potential layoff situations and may establish additional indicators for identifying employers at risk of layoff.

B.Reporting Requirements

Incumbent Worker Training

Local WIBs are required to report IWT activities via the mini-incumbent worker registration in the OWCMS. The reporting of outcomes is also required.

Each layoff aversion strategy must be entered into OhioRED, creating a rapid response identification (RRID) number for the employer, which will be used with every mini-incumbent worker registration when recorded in OWCMS. Detailed descriptions of required data elements, the type of provided training, and the worker outcomes are found in the Ohio Rapid Response Procedures Manual.

Local WIBs may choose to collect more information if necessary to conduct successful IWT programs. Local WIBs choosing to collect and document data elements over and beyond the requirements must ensure that every IWT program is compliant with reporting requirements. Given the sensitive nature of a layoff aversion activity for an employer, the local WIBs should be cognizant of what confidential information is gathered beyond the requirements of this policy.

C.Funding for Rapid Response Layoff Aversion Strategies

Rapid response emergency assistance funds (RREAF) are available to local areas allowing flexibility in serving potentially affected workers and at-risk employers. RREAF are intended to supplement the local Dislocated Worker formula-funded program, not act as a replacement for these funds.

If the local RR team determines that RR funds are needed to conduct layoff aversion strategies, the local area WIBs must apply using the Application for Rapid Response Emergency Assistance Funds-Layoff Aversion, which is attached to this policy and is maintained on the ODJFS OWD website The OWD Rapid Response Unit will review and approve the application.

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

Depending on the RR funded layoff aversion strategy, 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 implementation of layoff aversion activities. 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 consideration of the funding application and federal and state laws and local procedures.

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

VIII.Technical Assistance

The OWD Rapid Response Unit will identify best 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

TEN No. 9-12

TEGL No. 30-09

130th General Assembly, Substitute H.B. 37

The Middle Class Tax Relief and Job Creation Act of 2012

WIAPL No. 09-09.5