I. Purpose
To provide the requirements of Disaster Recovery National Dislocated
Worker Grants (disaster grants) and to assist local workforce development areas
(local areas) in the development of policies and the provision of services when
implementing such grants.
II. Effective
Date
Immediately
III. Rescission
ODJFS, Workforce Investment Act Policy Letter No. 14-03.1, Disaster
National Emergency Grants, (December 19, 2014).
IV. Background
Disaster grants are discretionary awards that create temporary jobs
for eligible individuals to assist with clean-up, recovery, and humanitarian efforts
in areas impacted by an emergency or disaster. Allowable clean-up activities include
the demolition, cleaning, repair, renovation, and reconstruction of damaged or destroyed
structures or facilities and lands located within the disaster area related to the
emergency or disaster.
Disaster grants may also provide employment and training services
if needed to help impacted individuals return to full employment, including situations
where a substantial number of individuals have relocated to Ohio from a state in
which an emergency or disaster occurred.
V. Definitions
Disaster area: A geographic region
that has suffered from, or in which has occurred, an emergency or disaster.
Emergency or disaster: A natural or
manmade catastrophic event (e.g., tornado, storm, flood, explosion, etc.) declared
eligible for public assistance by the Federal Emergency Management Agency (FEMA)
or declared to be a situation of national significance by a federal agency with
authority or jurisdiction over the response to the event.
Equipment: Tangible personal property
having a useful life of more than one year and a per-unit acquisition cost which
equals or exceeds $5,000 or the local area’s established equipment threshold, whichever
is less.
Long-term unemployed individual: A
person who meets one of the following criteria, in descending order of priority
for services:
1. Has a substantial
employment history (i.e., at least 12 months of full-time or 24-months of part-time
work experience), is currently unemployed, and has been unemployed for at least
15 of the past 26 weeks;
2. Is currently unemployed
and has been unemployed for at least 15 of the past 26 weeks;
3. Is currently employed
but had been unemployed for 15 of the past 26 weeks and is not currently self-sufficient
based on local policy; or
4. Is either currently
unemployed or working part-time, has not worked over 30 hours per week in any 15
of the past 26 weeks, has been seeking but unable to secure full-time employment,
and is not currently self-sufficient based on local policy.
Public service employment: subsidized
employment provided to eligible individuals to perform work normally provided by
governments, including but not limited to work in fields of human betterment and
community improvement, child care, health care, education, crime prevention, public
transportation, streets and parks, solid waste removal, housing and neighborhood
improvement, and rural development.
VI. State
Requirements
A. Application Process
When an emergency or disaster has met the criteria for disaster grant
funding, the Ohio Department of Job and Family Services (ODJFS) will coordinate
with the impacted local area(s) to assess the need for clean-up or humanitarian
efforts, ascertain the availability of eligible individuals to perform the disaster
relief work, and provide technical assistance on the application process and operational
considerations.
If a need for disaster grant funding is identified, the state will
work with impacted local areas interested in participating to submit either:
1. An emergency application
within 15 days of the disaster declaration using an abbreviated format to facilitate
rapid implementation of services (followed by a full application within 60 days
of award notification if funding is approved); or
2. A full application
within 60 days of the disaster declaration which must include a narrative describing
the project and services, a list of worksites in each county, job titles for the
temporary positions being created, and line item budget for each participating county.
B. Award Notification
The United States Department of Labor (USDOL) issues its funding
decision within 45 calendar days of receipt of a valid application. If the application
is approved, ODJFS will notify the participating local areas of their sub-grant
award amounts.
Disaster grants are issued incrementally. A maximum funding level
will be approved, but a lesser amount will be initially disbursed. Request(s) for
additional funds must be submitted when needed and must be supported by enrollments,
completion of work goals, and expenditures.
As participating local areas require additional funding to continue
operating, ODJFS may temporarily or permanently reduce another area’s maximum funding
level or allocation amount to maximize utilization of the grant resources statewide.
C. State Implementation
ODJFS will serve as the grantee and pass-through entity for disaster
grant funds. Upon receiving disaster grant funding, ODJFS will:
- Provide technical assistance to participating local
areas;
- Prepare and submit a project implementation plan
and full application within 60 days of receipt of the grant award;
- Coordinate disaster grant activities with activities
funded by federal and state emergency management agencies and other providers to
ensure a comprehensive approach and non-duplication;
- Conduct monitoring of local areas and worksites to
review eligibility, expenditures, operations, and safety procedures;
- Request prior approval from USDOL for the purchase
of any equipment needed at worksites and ensure proper disposition of the items
when no longer needed; and
- Submit required program and fiscal reports and grant
modifications to USDOL, including requests for additional funding.
VII. Local
Workforce Development Area Requirements
The local area will administer disaster grant activities in accordance
with its sub-grant agreement with ODJFS and the local implementation plan for the
disaster project. Funds may be used to provide wages and benefits to participants
working in disaster relief employment; to lease facilities, equipment, and supplies;
to purchase supplies, personal protective equipment, immunizations, and other supportive
services; to dispose of debris; to purchase equipment (if prior approval was obtained);
and to employ program staff to manage operations and supervise workers. Up to 10
percent of the funds may be expended on administrative costs.
The local area must receive prior approval through ODJFS before purchasing
any equipment items. The equipment request may be included with the emergency application,
local implementation plan, or in a modification of the local plan. The request must
include identification of the types of equipment, quantity and estimated cost per
unit of each type, and a brief justification explaining the need.
A. Local Implementation Plan
Within the first 60 days of the disaster project grant period, the
local area must submit a local implementation plan based on a template provided
by ODJFS. The plan must include:
1. Prioritized list
of worksites;
2. Line item budget;
3. Staffing plan
identifying job titles, job descriptions, number of full time equivalent staff,
and salaries and benefits for all positions funded in whole or in part by the grant;
4. Identification
of, and justification for, any equipment required to perform the work;
5. Policies governing
supportive services for participants; and
6. Description of
the local area monitoring procedures.
The local area must notify ODJFS and submit a revised plan when modifications
are necessary. Circumstances that require a plan modification include:
- An increase in the area's commitment of funding to
continue providing services;
- Budget variances that result in more than a 10 percent
increase in cost per participant or in any budget line item;
- An extension in the project end date beyond the original
plan;
- Additions to, or deletions from, the list of worksites
where disaster relief work will be performed;
- Changes in the job titles, duties, or wage levels
of participants; and
- Changes to supportive services policy or monitoring
procedures.
B. Contractors
The local area may enter into contracts with public entities, not-for-profit
organizations, and private for-profit entities including staffing agencies to assist
with carrying out disaster grant activities, such as serving as employer of record
for the temporary disaster relief workers. Contractors must be competitively selected
in accordance with procurement rules.
For-profit contractors may keep the profits earned from performance
of disaster grant activities. The amount of profit must be negotiated as a separate
element of the overall price of the contract with consideration given to the complexity,
risk, past performance, and industry profit rates in the surrounding geographical
area for similar work. Profits that are excessive or that are not justified using
the aforementioned criteria will be disallowed and cannot be paid from WIOA grant
funds.
C. Participant Eligibility
Eligible disaster grant participants include:
1. Individuals temporarily
or permanently laid off due to the emergency or disaster;
2. Self-employed
individuals who became unemployed or significantly underemployed due to the emergency
or disaster;
3. Dislocated workers;
and
4. Long-term unemployed
individuals.
Priority for participation in services must be given to individuals
affected by the emergency or disaster followed by dislocated workers and long-term
unemployed individuals. Each participant may work no more than 2,080 hours in temporary
disaster relief employment related to recovery from a single emergency or disaster.
D. Participant Employment
Although public service employment is generally prohibited for WIOA
participants, temporary disaster relief employment is an allowable exception. The
goals are to provide income maintenance to participants and services to the community
while moving the participants into permanent, unsubsidized jobs.
Participants must be paid comparable rates of pay, including periodic
increases, as other individuals who are similarly situated in like occupations having
similar training, experience, and skills. Participants must be paid at least the
federal, state, or local minimum wage, whichever is highest. Fringe benefits should
be provided according to the policies of the employer of record. Workers’ compensation
insurance must be established for each disaster grant participant in case of injury.
E. Worksite Selection
Worksites must be located within the geographic region identified
in the disaster declaration. The local area must maintain a prioritized list of
worksites in each county with the status updated as work is completed or priorities
change. Highest priority should be given to public lands or facilities with the
most severe damage, consistent with the strategic plans of the community, as determined
in consultation with state and local emergency management agencies, local elected
officials and their staff, and other stakeholders and citizens.
If private property must be crossed to gain access to a worksite,
the local area must secure a right-of-access agreement signed by the property landowner.
Under limited circumstances, work on private property may occur, such as to remove
public health and safety hazards or repair the homes of economically disadvantaged
individuals eligible for the federal Weatherization program. Local areas should
seek further guidance from ODJFS before beginning work on private property.
Activities performed in natural areas must not negatively impact
endangered species or their habitats. If an endangered species or its habitat exists
at a worksite, the local area must consult with the Fish and Wildlife Service (FWS)
to mitigate negative impacts before performing any work. Regardless of the presence
of endangered species, disaster grant operations should be conducted in a manner
that minimizes damage to riparian and other natural areas, maintains existing vegetation,
and avoids the removal of living trees unless necessary to ensure health and safety.
F. Safety Considerations
During periods of severe inclement weather when outdoor operations
cannot be performed safely, participants may be scheduled to perform project-related
activities such as inventory control, safety training, or maintenance of tools and
equipment but may not perform re-employment activities such as job search or resume-writing
instruction while on the disaster grant payroll. Extended periods of inclement weather
may require temporary shut-down of disaster grant operations.
Local areas must ensure that applicants and participants will be
able to safely perform assigned duties which are often physically demanding. A position
description explaining the working conditions and physical requirements should be
provided to applicants. Local areas shall follow the same hiring protocols for any
grant-funded workers for whom the local area will become the employer of record,
that the local area would follow for its other prospective employees. Any costs
associated with adhering to such hiring protocols may be charged to the disaster
grant, including for those applicants who do not enter the program as participants
and do not become temporary employees of the local area.
The same health and safety standards applicable to other employees
also apply to participants in disaster relief employment. The work environment must
be free from recognized hazards likely to cause injury or death. Initial and on-going
safety instruction must be provided on relevant topics such as Occupational Safety
and Health Administration (OSHA) rules, First Aid, and chainsaw operation. The OSHA
workplace compliance poster at https://www.osha.gov/Publications/osha3165.pdf
must be posted and visible to all employees.
Employers of record must implement policies, procedures, and controls
to ensure compliance with OSHA standards relevant to their operations, such as personal
protective equipment for rigging and logging operations, and Material Safety Data
Sheets for flammable and combustible liquids, etc.
Public sector organizations should consult with the Public Employee
Risk Reduction Program (PERRP) to schedule regular safety training, compliance visits,
and site-specific evaluations. All employers of record should schedule compliance
visits with the Ohio Bureau of Workers’ Compensation every six months during disaster
grant operation.
G. Reporting Requirements
The local area must report disaster grant participants and services
in the Ohio Workforce Case Management System (OWCMS) under the special grant office
created for the grant. Participants enrolled in disaster relief employment will
not affect the local area’s WIOA performance measures unless they are co-enrolled
in formula funded programs.
Costs of services, including accruals and obligations, must be updated
at the sub-area level every two weeks in the County Finance Information System (CFIS)
using the project code established for the grant. All expenditures must be supported
with acceptable documentation, including timesheets signed by a supervisor for payroll
costs.
If necessary, additional reporting such as progress, injury, or monitoring
narratives may also be required. ODJFS will provide instructions and due dates to
local areas after the disaster grant is in progress.
H. Monitoring
If participating in a disaster grant, local areas must develop monitoring
policies outlining the procedures and frequency for reviewing disaster grant operations
and how staff will resolve findings of non-compliance. At a minimum, monitors should
review the following items monthly and issue findings as appropriate:
- Ensured use of required safety protective gear;
- Employer payroll records and signed timesheets;
- Participant file documentation such as eligibility
verifications;
- Program fiscal records, including timekeeping information
and administrative charges;
- Observations of workplace safety;
- Assessment of environmental hazards;
- Participant feedback on relevant matters such as
safety training, protective equipment, and payroll accuracy.
VIII. Technical
Assistance
For additional information, contact the Office of Workforce Development
at NEG@JFS.OHIO.GOV .
IX. References
Workforce Innovation and Opportunity Act, § 170, Pub. L. 113-128.
2 C.F.R. Part 200, and 20 C.F.R. §§ 683.215, 683.275-280, 683.295,
687.
USDOL, Training and Employment Guidance Letter No. 02-15, Operational
Guidance for National Dislocated Worker Grants, pursuant to the Workforce Innovation
and Opportunity Act (WIOA or Opportunity Act), (July 1, 2015).
O.A.C. 5101:9-7-04 and O.A.C. 5101:9-6-53.
ODJFS, Workforce Innovation and Opportunity Act Policy Letter No.
15-02, Adult and Dislocated Worker Eligibility, (July 15, 2015).