Pacific Mountain Workforce Development Area

Workforce Investment Act Policies and Procedures

NUMBER: 580

TRANSMITTAL DATE: December 17, 2002

EFFECTIVE DATE: November 20, 2002

SUBJECT: On-The-Job Training

BACKGROUND:

The Workforce Investment Act of 1998 (WIA) defines On-The-Job Training (OJT) at
WIA section 101 (31). WIA allows for the provision of OJT for an unemployed or a
currently employed individual when eligibility and other criteria are met. An OJT may
take place with an employer in the public, private non-profit, or private sector.

OJT is a viable training option for participants who prefer hands-on training experiences
to a traditional classroom setting. The OJT Employee is assured a job at end of training
while earning an income during the training.

A written contract is required that provides a "structured" occupational training

opportunity. The employer provides this training on-the-job in exchange for a
reimbursement to compensate for the employer's extraordinary costs associated with
training the OJT Employee and the costs associated with the lower productivity of the
OJT Employee. The extra costs are presumed and need not be documented. 20 CFR
663.710

OJT typically is for full-time employment except where part-time employment is the
participant's choice; and when special conditions exist (i.e.; disability, mature worker);
and when the part-time employment will provide a wage and/or benefits that enable the
participant to become self-sufficient.

POLICY:

OJT must be provided through a contract to provide a structured occupational training

opportunity for the OJT Employee to gain the knowledge and competencies necessary
to be successful in the occupation in which they receive training. The employer is
reimbursed up to 50% of the wage rate to compensate for extraordinary costs. The
contract must be completed and signed before the OJT Employee starts working. 20
CFR 663.700 (a)(b)(c)
OJT may be sequenced with other types of services such as work experience,
classroom training or basic skills training. Adults who successfully complete an OJT will
earn a certificate that can be counted toward the credential performance measure.

The sample OJT contract, Attachment A, is to be used by program operators. Contract

clauses may have wording revised to meet the Program Operator's needs (i.e.: hold
harmless) as long as the change does not eliminate information or change the intent of
any part of the contract.

Program Operators must adhere to the following Requirements and Restrictions for
OJT.

REQUIREMENTS AND RESTRICTIONS FOR OJT:

1. OJT for Employed and Unemployed Participants

On-the-Job Training can be made available to employed or unemployed participants

who meet WIA eligibility requirements and/or Priority of Service requirements. See
PMWDC policies # 500 (adults) and #920 (dislocated workers) for a complete list of
requirements.

2. Requirements for Employed Workers

OJT contracts for eligible employed workers may only be written when all three of the
following apply:

a. The employee is not earning a self-sufficient wage in their

current job; and

b. The OJT will provide training for the introduction of new

technologies, introduction to new production or service procedures, upgrading to
new jobs that require additional skills, or other appropriate purposes; and

c. The OJT position must provide an increase in wage, hours

and/or benefits that will make the OJT Employee self-sufficient.

3. Duration of and Rationale for OJT Training

OJT in the PMWDA is being limited to a maximum of six (6) months or 1040 hours.
The length of the training should take into consideration the skill requirements of the
occupation, the academic and occupational skill level of the participant, and prior
work experience. The rationale for the training duration may also take into account:
a) a participant's disability including the need for accommodations; and b) the
program's available funding. (WIA sec. 101(31)(C).)
 The rationale for the OJT training, including duration must be entered into the
participant's Individual Employment Plan.

4. Location

OJT contracts may be written with employers in another workforce development

area when a participant must relocate to be able to obtain suitable employment.
However, the program operator may set limitations as to what is reasonable in
setting up and monitoring an out of area OJT and should contact the other workforce
development area as a courtesy.

5. Employer Eligibility

a. The employer must be financially solvent and, to the employer's

best projection he/she will remain financially able to meet contract obligations
through the end of the training period and OJT Employee retention.

b. Program operators must not contract with an employer who has

previously exhibited a pattern of failing to provide OJT Employees with continued
long-term employment with wages, benefits, and working conditions that are
equal to those provided to regular employees who have worked a similar length
of time and are doing the same type of work. (WIA sect. 195(4) and 20 CFR
663.700)

c. No OJT can be written with a relocating company for the first 120 days after
commencing operations where job loss occurred at the original site. In order to
verify that an establishment, which is new or expanding, is not, in fact, relocating
employment from another area, the WIA program must jointly complete a
standardized pre-award review with the employer. (20CFR 667.268(a)(2))

This review is found in State Policy 3645 - Business Relocation: Standardized

Pre-Award Review and can be accessed on the Internet at:
http://www.wa.gov/esd/policies/title1b.htm.

d. The employer must understand that the OJT Employee cannot

displace any current employee. (20 CFR 667.270)

e. Program Operators must be cautious in writing OJT contracts in the

public sector where the participant is on a register. This indicates that the
participant already has the required skills for the position. The Program Operator
must document why the OJT was allowed by the agency's personnel office and a
rationale for training being needed.
6. Reverse Referrals

When an employer refers an employed or unemployed individual to the WIA

program, an OJT contract may be written only when all other requirements are met
and the IEP documents that the OJT is appropriate for the participant.

7. Monitoring and Oversight (667.400 and 667.410)

a. Frequent contact with the Employer and/or OJT Employee is

essential. The Program Operator must monitor OJT contracts monthly, at a
minimum, in order to evaluate the OJT Employee's progress, to document that
the training is being provided as outlined in the contract, for compliance with
provisions of the contract and to ensure that reimbursements are being made in
accordance with procedures.

b. The best method of and schedule for contact with the employer and
OJT Employee must be pre-determined and entered on the contract. Methods of
contact can include on-site visits, phone or email and in-person visits at other
locations. On-site visits must be sufficient to assure that training is being
provided as specified in the contract.

8. Occupations For Which OJT Contracts Should Not Be Written

The following should not be considered for OJT. See waiver information for
exceptions.

a. Jobs that are entry-level and require minimal training. An employer would
typically be able to train an employee in the first few days or weeks on the job.

b. Jobs where the principal source of income is tips, commissions or

piecework.

c. Jobs that are intermittent or seasonal in nature;

d. Jobs where the Labor Market Information does not show that the
occupation is in demand. DELETING " or where a substantial number of
experienced workers and/or able unemployed workers exist in the local labor
market. "

9. Organized Labor Comment and Concurrence (WIA Section 181)

See PMWDC Policy # 330 which includes record retention requirements.

Concurrence shall mean that program operators who attempt to place a participant in
an OJT training activity or a customized training with a specific business or
organization in an occupation covered by an existing collective bargaining agreement
 must receive written approval from the representing labor organization prior to
placement or training.

Consultation shall mean that labor organizations that so desire shall receive
notification of proposed OJT training in the Pacific Mountain Workforce Development
Area. Those labor organizations shall be given an opportunity to comment on the
proposed training.

10. Credential Completion (PMWDC Policy # 560)

The successful completion of an OJT may be counted as a locally presented

credential when the participant file contains the OJT employer's final evaluation
indicating that the OJT Employee has gained the employer's recognized
competencies for this position as outlined in Addendum A of the OJT contract. The
credential completion must be entered into SKIES in the Employment Plan.

11. Orientations

The employer should receive an orientation from the Program Operator to make
sure that s/he understands the contract terms, the purpose of the OJT, the best
method of communicating with the program, the process of preparing and submitting
timesheets, and to make sure that the OJT Employee receives an orientation from
the employer. Program Operators should provide information to the employer
regarding how the OJT Employee learns best, when appropriate.

12. Waivers

Program Operators may request a waiver for limitations on OJT such as duration or
type of employment. The waiver may be submitted on a standard waiver form or in
a memo or letter format that is sent to the PMWC for approval by the Division
Administrator, Program Services.

13. Contract Requirements

Program Operators must read and understand the terms of the attached OJT
contract.

Program Operators must maintain the OJT contract with original signatures in the
participant file along with copies of timesheets and any additional documentation
related to the OJT.

14. Structured Occupational Learning Opportunity

OJT contracts must ensure that OJT Employee are provided a structured training
opportunity in which to gain the knowledge and competencies necessary to be
successful in the occupation in which they receive training. 20 CFR 663.700(b)(c)
 The Program Operator must obtain a list of the skills that the employer requires
for the job and include in the training plan only the skills that the OJT Employee
needs to be taught. The employer needs to inform the OJT Employee in their
orientation how he/she will be trained and evaluated.

EQUAL OPPORTUNITY:

The PMWDC is an equal opportunity employer and provider of employment and training
services. Auxiliary aids and services are available upon request to persons of disability.

REFERENCES:

• WIA Sections and CFR numbers are noted with in the text
• PMWDC Priority of Service for Adult Intensive and Training Activities and
Eligibility Verification for Adults Policy 500, Revision One
• PMWDC Tools and Equipment for Adults and Dislocated Workers Policy 540
• PMWDC Assessment Policy 550
• PMWDC Credential Policy for Adults and Dislocated Workers 560
• PMWDC Eligibility Verification for Dislocated Workers Policy 920
• State Policy 3645 Business Relocation: Standardized Pre-Award Review

ATTACHMENT:

Program Operators may adapt the language in the sample contract to their agency's
specifications. No portion may be deleted but a Program Operator may substitute their
agency's preferred language (i.e. hold harmless).

INQUIRIES:
Michelle Roman, Contract Specialist
Pacific Mountain Workforce Consortium
719 Sleater-Kinney Road SE, Suite 200
Lacey, Washington 98503
Email: romanm@co.thurston.wa.us
Telephone: 360-754-4113 ext. 112
Fax: 360-754-4119
TDD 360-754-2933
 ATTACHMENT A - SAMPLE CONTRACT
OJT Contract No:
Funding Source:
On-the-Job Training Contract
This On-the-Job Training (OJT) contract is between the (enter your organization
name here), herein after called the Program Operator and (enter name of
employer here) hereinafter called Employer. Both parties agree to the contract
terms as set forth below. The contract term commences on (enter start date here)
and terminates on (enter end date here).

OJT EMPLOYEE (Participant) INFORMATION

OJT Employee:
Was OJT Employee on a register for this position before start date of the OJT?
Yes No
If the OJT Employee was already employed with this or a different employer, do all of
the following apply? __Yes __No
1. (S)he was not earning self-sufficient wage in the, 2. OJT is for new technologies, production
or service procedures; and 3.OJT will increase wages, hours and/ or benefits that will make the
OJT Employee self-sufficient.
TRAINING - REIMBURSEMENT - CONTACT PERSON
Type of Training: ONet Code:
Hourly Wage: % of Reimbursement:
Total Training Hours: __________________Maximum Training Reimbursement:

Program Operator Contact: Phone:

EMPLOYER INFORMATION:

Legal Business Name:

Owner/Officer: Phone:

Person in charge of training: Phone:

Alternate in charge of training: Phone:

Training Location:
Billing Address (if different):
Employer's FEIN #: UBI #:
Product or Service:
# of employees working for employer: # of (WIA) OJT Employees working for
Employer:
Is the company new or expanding? ____ Yes ____ No Length of time in business at this
address:
Has the company relocated the business within the last 120 days: Yes
No
Standardized Pre-Award Review has been completed: Yes No
__________ N/A
COMMUNICATION
What is the agreed upon method of communication and frequency for contact or
monitoring of progress?

OJT Contract No
TRAINING
1. The OJT agreement must be completed and signed before the OJT Employee
starts the OJT Training.

2. The Employer shall develop a training plan for the OJT Employee that includes
competencies needed to be satisfactorily skilled in the OJT position. These
competencies will be listed on the Job Specific Skills Assessment/Evaluation
Form (Addendum A). The Employer will complete an evaluation to document
competencies gained and will complete the Certification of Competencies at the
end of the OJT.
20 CFR 663.700(c)

3. The Employer shall provide the training prescribed on Addendum A and

complete the evaluations and/or training progress forms that are provided by
the Program Operator. The OJT Employee shall be the Employer's employee,
shall be on the Employer's payroll, shall be entitled to the same consideration
and shall be governed by the same policies as other employees. The Employer
shall extend to the OJT Employee all of the entitled benefits offered all
employees of the Employer.

4. The Employer certifies that this is not a temporary job. The OJT Employee shall
be continued by the Employer in unsubsidized employment upon completion of
the OJT period, based upon satisfactory job performance by the OJT Employee.

5. The employer will provide an orientation to the OJT Employee that covers the
Employer's rules, expectations, safety information and benefits.

6. A reasonable opportunity shall be provided for the OJT Employee to improve job
performance and work habits prior to termination. During the term of the OJT
training, the Employer shall contact the Program Operator prior to terminating
the OJT Employee.
7. If the Employer requires regular employees in this position to provide their own
tools, the employer will provide the Program Operator with a list of the required
tools and/or equipment. Any tools purchased with WIA funding become the
property of the OJT Employee only after the OJT Employee has completed six (6)
months of unsubsidized employment in the OJT occupation.

FISCAL

8. The Program Operator shall reimburse the Employer on a (Enter a term such
as monthly or bi-monthly) basis in an amount not to exceed the maximum
training reimbursement. Reimbursable wages shall not include undocumented
payments to the OJT Employee. No reimbursement shall be made for work
performed outside of the term of the contract, or during periods of work
stoppages, fringe benefits which include paid holidays, sick leave or vacation
leave. Overtime hours in excess of 40 hours per week shall be reimbursed at
the regular rate of pay. The employer must pay the overtime rate in excess of
the regular rate in full.

9. All reimbursement requests submitted by the Employer shall be supported by

business receipts, time and payroll records, and other records normally kept by
the Employer.

10. The OJT employer agrees to maintain adequate time and attendance, payroll,
and other records to support amounts reimbursed under the OJT contract.
Wages must be paid by check or direct deposit. Reimbursement time sheets
must be signed, in ink, by both the employer and the OJT Employee and must
be submitted according to the contract agreement. Inaccurate or incomplete
timesheets or timesheets submitted more than thirty (30) days after the end of
the training period may not be honored, at the sole discretion of the Program
Operator. Copies of the timesheet(s) are to be maintained along with a copy of
the OJT contract.

11. The Employer agrees that records which are directly related to the OJT contract
are subject to review, monitoring, and audit by the Program Operator, the
Pacific Mountain Workforce Consortium or its agent, the State of Washington
and/or the federal government, at any time and without prior notice to the
employer.
OJT Contract No

12. The Employer shall provide adequate insurance coverage to protect against
legal liability arising out of OJT activity. The Employer shall provide the Program
Operator, upon request, copies of insurance instruments or certifications from
the bond/insurance's issuing agency. The copies of certifications shall show the
bonding or insurance coverage, who is covered and the amounts.

13. The Employer shall preserve all OJT Employee payroll records, fringe benefits
and personnel records for three (3) years after the end of the training period, or
longer if any litigation or audit is begun or any claim is instituted which involves
these records. The Employer shall retain the records beyond the three (3) year
period until the litigation, audit findings or claim has been resolved.

EMPLOYER ASSURANCES

14. The Employer shall provide worker's compensation coverage for the OJT
Employee and assures that the training shall be provided in accordance with
WIA Sec. 181 (a)(1)(A) and 20 CFR 667.272 for wage and labor standards.
15. If the OJT is provided to one of the Employer's current employees, the Employer
verifies that the OJT will relate to the introduction of new technologies,
introduction to new production or service procedures, or is an upgrade to a new
job that requires additional skills, and that the OJT position will provide the OJT
Employee with additional wages, hours or benefits.

16. The Employer certifies that they are financially solvent on the date of this
contract, and the Employer's best projection is that they will remain financially
able to meet contract obligations at the end of the training period, including OJT
Employee's retention.

17. The Employer agrees to comply with all applicable local, state and/or federal
laws and ordinances. The Employer assures that they have not violated any of
the following within the last three years: a) anti-discrimination statutes; b) labor
and employment laws; c) environmental laws; or d) health and safety laws. 29
CFR 37.38(b)

18. The OJT Employer agrees to comply with nondiscrimination and equal
opportunity provisions of WIA section 188, including complaint processing and
compliance reviews. The Employer also assures that it shall not discriminate in
its employment practices or delivery of services or other activities on the
grounds of race, color, religion, national origin, age, sex, marital status, veteran
status, sexual orientation, or the presence of any sensory, mental or physical
disability.

19. The Employer assures that they have not been debarred or suspended in regard
to federal funding. 29 CFR Part 98

20. The Employer further assures that OJT funds will not be used to assist, promote
or deter union organizing.
20 CFR 663.730

21. The Employer certifies that no member of the OJT Employee's immediate family
is engaged in an administrative capacity for the Employer, or will directly
supervise the OJT Employee. For the purpose of this contract, immediate family
is defined as spouse, children, parents, grandparents, grandchildren, brothers,
sisters or person bearing the same relationship to the OJT Employee's spouse.
20 CFR 667.200(g)

22. The Employer assures that wage and labor standards will be adhered to and to
pay the OJT Employee at the same rates, including periodic increases, and
benefits as trainees or employees who are similarly situated in similar jobs.
Such rates shall be in accordance with applicable law, but in no event less than
the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act
of 1938 or the applicable state or local minimum wage law. WIA sect. 181(a)(1)
(A)

OJT Contract No

23. The Employer assures that the OJT Employee will not be required to participate
in political activities.

24. The Employer assures that the OJT Employee(s) will not be employed to carry
out the construction, operation or maintenance of any part of a facility that is
 used or to be used for sectarian instruction or as a place for religious worship.
29 CFR 37.6(F)

25. The Employer assures that the OJT Employee has not been hired into or will
remain working in any position when any other person is on layoff from the
same or a substantially equivalent job within the same organizational unit or
has been bumped and has recall rights to that position, nor if the OJT is created
in a promotional line that infringes on opportunities of current employees. The
layoff period shall be the expiration of the period required by a recall list. If no
recall list of re-employment rights exist, the layoff period shall be for one year
from the last layoff or until the next operating year of the department or
agency, whichever occurs later. 20 CFR 667.270

ADDITIONAL TERMS

26. No fees shall be charged to any OJT Employee or employer for referral or
placement services relative to this OJT contract.

27. The Employer shall participate in and be bound by determinations resulting

from the Pacific Mountain Workforce Development Council (PMWDC) Complaint
and Hearing Procedure unless the Employer has provided an established
grievance procedure and provided a written copy of such to the Program
Operator. Where the Employer's procedure applies, the OJT Employee shall
have the right to request a review by PMWDC of the Employer's grievance
decision.

28. All services to be rendered or performed by the Employer under this contract
shall be performed or rendered entirely at the Employer's own risk. The
Employer expressly agrees to indemnify and hold harmless the Program
Operator, the PMWDC and Thurston County and all of their officers, agents,
employees or otherwise, from any and all liability, loss or damage, including
reasonable cost of defense that they may suffer as the result of claims,
demands, actions, or damages to any and all persons or property, costs or
judgments against the Program Operator which result from, arise out of, or are
in any way connected with the services to be performed by the Employer under
this contract.

29. This contract has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto
that the laws of the State of Washington, both as to interpretation and
performance, shall govern this contract. Any action of law, suit in equity, or
judicial proceeding for the enforcement of this contract or any provision thereof,
shall be instituted and maintained only in any of the courts of competent
jurisdiction in Thurston County, Washington.

30. The parties understand and agree that if the courts hold any part, term or
provision of this contract to be illegal, the validity of the remaining provisions
shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the contract had not contained the particular invalid
provision. If it should appear that any provision of this contract is in conflict
with any statutory provision of the State of Washington, the provision shall be
deemed modified to conform to the statutory provision.

31. The parties agree that the forgiveness of the nonperformance of any provision
of this contract does not constitute a waiver of the provisions of this contract.
32. The parties agreed that this contract is the complete expression of its terms.
Any oral representations or understanding not incorporated herein are
excluded.

33. Either party may terminate this contract at any time by giving ten (10) day
advance written, signed notice of intent to terminate to the other party.
OJT Contract No

34. This contract may be amended by the mutual written agreement of the parties.
All amendments shall be signed by both parties prior to the start date of the
amendment and must be attached to the contract.

35. The individual signing this contract on behalf of the Employer is the Employer's
authorized agent and certifies that all the information listed above is correct.

I agree to all of the conditions contained in this On-the-Job Training

Contract:

For (Enter your Agency Name Here): For the Employer:

_______________________________________

_______________________________________
Authorized Agent Signature Authorized Agent Signature

Date: ______________________________________ Date:

______________________________________

Name: Name:

Title: Title:

COLLECTIVE BARGAINING AGREEMENT

1. Is the occupation in which the OJT is being offered subject to a collective bargaining
agreement? _____Yes _____No

2. IF YES:

I, (Enter the name of collective bargaining agent, & title here) , of

Local #

of (Enter Collective Bargaining Unit here) am in concurrence with this OJT

contract.

___________________________________________________________________
Authorized Collective Bargaining Agent Date
 Attachment A
OJT Contract #

TRAINING PLAN / EVALUATION FORM

OJT Employee Name:

Occupational Training:

If the OJT is provided to one of the Employer's current employees, explain how the
training will relate to the introduction of new technologies, new production or service
procedures, or is the OJT an upgrade to a new job that requires additional skills:

Training Plan/Skills Required Satisfact Comments Evaluati

orily on
Skilled? Date
Yes or
No

I understand and agree to the above listed training plan.

OJT Employee Signature: Date:

CERTIFICATION OF COMPETENCIES
The signatures below certify that the OJT Employee is satisfactorily skilled in the required
functions of the position, as indicated in the evaluation above and will continue employment as
follows:

Job Title: Hours per week: Wage per hour:

Benefits: Circle if they are available: medical - dental - vision - retirement

Supervisor Signature: _______________________________________ Date: _________________________

OJT Employee Signature: ___________________________________ Date: _________________

Comments: