TEGL_1_13_Att2.pdf

ETA Advisory File Text

Attachment 2 FISCAL YEAR FY 2013 ANNUAL PLAN Please complete all highlighted fields Insert SWA Name has prepared the following plan and statement of assurances for delivering services during FY 2013 October 1 2012 through September 30 2013 to support the Federal administration of foreign labor certification FLC programs in accordance with all applicable regulations policies procedures handbooks manuals and other directives. A. Foreign Labor Certification Workload Category of OFLC Program Services Activities FY 201 3 Workload Completed FY 201 3 Workload To be Processed TOTAL FY 201 3 Workload 1 add previous columns A. Number of job orders related to H-2A temporary labor certification applications processed and expected to be processed. B. Number of prevailing wage surveys conducted and expected to be conducted in agricultural activities. C. Number of prevailing practice surveys conducted and expected to be conducted in agricultural activities . D. Number of housing inspections conducted and expected to be conducted in anticipation of H-2A job orders. E. Number of job orders related to H -2B temporary labor certification applications processed and expected to be processed. F. Number of Full Time Equivalent FTE staff funded by this grant. 1 Workload includes actual OFLC program services activities provided or services activities planned for the period between October 1 2012 and September 30 2013. 2 B. H-2B Temporary Nonagricultural Program Activities No narrative required for FY 2013 C. H-2A Temporary Agricultural Program Activities The SWA agrees to carry out all activities in support of the Secretary s responsibilities under 8 U.S.C. 1101 a 15 H ii a and 1188 and 20 CFR Part 655 subpart B to certify upon application by a U.S. employer intending to petition DHS to admit H-2A workers that there are not enough able and qualified U.S. workers available for the position sought to be filled and that the employment of the foreign worker s will not adversely affect the wages and working conditions of similarly employed U.S. workers. This section of the plan describes how the SWA will conduct agricultural surveys of prevailing wages prevailing practices and normal and accepted requirements. It also includes standards applicable to SWA-conducted housing inspections. a. Schedule of the agricultural prevailing wage surveys including logging activities the SWA plans to conduct during the performance period of the grant in accordance with the ET Handbook No. 385 including anticipated survey timeframes by area e.g. statewide regional and crops or other agricultural activities commodities and approximately when wage results are expected to be transmitted to the OFLC national office via the ETA Forms 232 and 232A for review. The SWA s schedule of surveys may be based upon current and historical agricultural job order activities or other information about major crops commodities within the state s agricultural sector. SWA schedule of wage surveys inserted here and if necessary include attachments b. Schedule of the agricultural prevailing practice and normal and accepted requirement surveys including logging activities the SWA plans to conduct during the performance period of the grant in accordance with the ET Handbook No. 398 including anticipated survey timeframes by area e.g. statewide regional and crops or other agricultural activities commodities and approximately when employment practice results are expected to be transmitted to the OFLC Chicago National Processing Center NPC for review. SWA schedule of wage surveys inserted here and if necessary include attachments The SWA agrees to promptly submit all completed prevailing practice and normal and accepted requirement surveys to the OFLC Chicago NPC either electronically at H2ASWA.Chicago dol.gov or mailed to the following address 3 U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Chicago National Processing Center 11 West Quincy Court Chicago IL 60604-2105 Attn H-2A Prevailing Practice Surveys c. SWA will schedule and conduct pre-occupancy inspections of housing to be furnished to U.S. and H-2A workers who are not reasonably able to return to their place of residence the same day. Except in circumstances where the Department of Labor has promulgated special procedures employer housing must meet the applicable local state or Federal standards and be sufficient to house the number of workers requested in order for OFLC to grant a temporary labor certification. All employer-provided housing must at a minimum meet the full set of U.S. Department of Labor Occupational Safety and Health Administration standards at 29 CFR 1910.142 or the full set of standards at 20 CFR 654.404-654.417 whichever are applicable under 20 CFR 654.401. To the extent practicable the SWA will plan to schedule housing inspections before the filing of the agricultural clearance order for those employers who regularly use the H-2A Program. To the extent the SWA will use alternative methods for conducting pre-occupancy housing inspections such as contracts memoranda of understanding or other cooperative agreements with state or local organizations please include a short description of these arrangements. Results of housing inspections should be provided to the Chicago National Processing Center by 32 days before the employer s date of need. The preferred method for supplying this information is by e-mail to h2a.application.chicago dol.gov . If it is not possible to transmit this information by e-mail the SWA may send it by fax 312 353-3352 or U.S. Mail U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Chicago National Processing Center 11 West Quincy Court Chicago IL 60604-2105 D. Cost of H-2A and H-2B Temporary Labor Certification Activities The information supplied in the table below should be based on available prior fiscal year expenditure data to estimate the cost of conducting state activities under the H-2A and H-2B temporary labor certification programs including applications for logging. 4 Costing Sheet Including Logging Activity Total Number Total Cost Average Cost 5 H-2A Housing Inspections 1 H-2A Prevailing Wage Surveys 2 H-2A Prevailing Practice and Normal and Accepted Requirement Surveys 2 H-2A Job Orders Processed 3 Total Cost of H-2A Activities 4 Staff Assisted H-2B Job Orders 6 Total Cost of H-2A and H-2B Activities 7 1 H-2A Housing Inspections Include in the total cost estimate travel time inspection time travel mileage and completion of paperwork. Include in the total all housing inspections started during the prior FY regardless of the final completion date. If housing inspections are done by another organization estimate the cost that the H-2A portion adds to their total cost and include this amount in the table. 2 H-2A Prevailing Wage Practice and Normal and Accepted Requirement Surveys Include in the total cost estimate the development of the survey instrument postage collection of responses collation of information and publication of results. Include in the total all surveys started during the prior fiscal year regardless of the final completion date. 3 H-2A Job Orders Processed Include in the total cost estimate the creation and maintenance of files taking into account the cost associated with receiving and reviewing applications referring applicants and releasing orders into inter intra-state job system. 4 Total Cost of H-2A Activities Total Cost of Housing Inspections plus Total Cost of Prevailing Wage Practice Surveys plus Total Cost of Job Orders Processed. 5 Average Cost Total Cost of activity Total Number of activity. 6 Staff Assisted H-2B Job Orders Total number of job orders. 7 Total Cost of H-2A and H-2B Activities Add cost of all activities 5 E. Permanent Labor Certification Activities The SWAs are expected to perform labor exchange activities necessary to support the recruitment of U.S. workers under the permanent labor certification program. Such labor exchange activities include placing job orders serving the area of intended employment and receiving referrals of qualified applicants for consideration. Please note that these activities are covered by existing Wagner-Peyser formula grants and not by the FLC grants that are the subject of this Training and Employment Guidance Letter. 6 F. Grantee Contact Information Complete only if different from FY 2012 information H-2A Program Point-of-Contact Last family name First given name Job title Address City State Postal code Telephone number including extension Fax number E-mail address H-2B Program Point-of-Contact if different than the contact listed above Last family name First given name Job title Address City State Postal code Telephone number including extension Fax number E-mail address Fiscal Grant Point-of-Contact if different than the contact listed above Last family name First given name Job title Address City State Postal code Telephone number including extension Fax number 7 E-mail add ress