(a) State agency responsibilities. If suitable employment as
described in Sec. 617.22(a)(1), is not otherwise available to an
individual or group of individuals, it is the responsibility of the
State agency to explore, identify, develop and secure training
opportunities and to establish linkages with other public and private
agencies, Private Industry Councils (PICs), employers, and Job Training
Partnership Act (JTPA) service delivery area (SDA) grant recipients, as
appropriate, which return adversely affected workers to employment as
soon as possible.
(b) Firm-specific retraining program. To the extent practicable
before referring an adversely affected worker to approved training, the
State agency shall consult with the individual's adversely affected firm
and certified or recognized union, or other authorized representative,
to develop a retraining program that meets the firm's staffing needs and
preserves or restores the employment relationship between the individual
and the firm. The fact that there is no need by other employers in the
area for individuals in a specific occupation for which training is
undertaken shall not preclude the development of an individual
retraining program for such occupation with the adversely affected firm.
(c) Methods of training. Adversely affected workers may be provided
either one or a combination of the following methods of training:
(1) Insofar as possible, priority will be given to on-the-job
training, which includes related education necessary to acquire skills
needed for a position within a particular occupation, in the firm or
elsewhere pursuant to Secs. 617.24, 617.25, and 617.26, including
training for which the firm pays the costs. This ensures that on-the-job
training provides the skills necessary for the individual to obtain
employment in an occupation rather than a particular job at a specific
site; and
(2) Institutional training, with priority given to providing the
training in public area vocational education schools if it is determined
that such schools are at least as effective and efficient as other
institutional alternatives, pursuant to Secs. 617.24, 617.25, and
617.26.
(d) Standards and procedures. The State agency shall document the
standards and procedures used to select occupations and training
institutions in which training is approved. Such occupations and
training shall offer a reasonable expectation (not necessarily a prior
guarantee) of employment following such training.
(1) Standards. The State agency shall approve training in
occupations for which an identifiable demand exists either in the local
labor market or in other labor markets for which relocation planning has
been implemented. If practicable, placement rates and employer reviews
of curriculum shall be used as guides in the selection of training
institutions.
(2) Procedures. In determining the types of training to be provided,
the State agency shall consult with local employers, appropriate labor
organizations, Job Service Improvement Program Committees, JTPA SDA
grant recipients, PICs, local educational organizations, local
apprenticeship programs, local advisory councils established under the
Carl D. Perkins Vocational Education Act, and post-secondary
institutions.
(3) Exclusions. In determining suitable training the State agency
shall exclude certain occupations, where:
(i) Lack of employment opportunities exist as substantiated by job
orders and other pertinent labor market data; or
(ii) The occupation provides no reasonable expectation of permanent
employment.
