TEGL04-10acc.pdf

ETA Advisory File Text

RESCISSIONS None EXPIRATION DATE Continuing CLASSIFICATION CORRESPONDENCE SYMBOL OWI ONR EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 DATE August 6 2010 ADVISORY TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 4-10 TO STATE WORKFORCE AGENCIES STATE WORKFORCE ADMINISTRATORS STATE WORKFORCE LIAISONS STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS STATE LABOR COMMISSIONERS FEDERALLY RECOGNIZED TRIBES FROM JANE OATES s Assistant Secretary Employment and Training Administration SUBJECT On-the-Job Training National Emergency Grants OJT NEGs Funded with American Recovery and Reinvestment Act of 2009 Resources 1. Purpose . Through this guidance the Department of Labor is providing additional detail on the one-time availability of On-the-Job Training National Emergency Grants OJT NEGs funded with ARRA resources announced in Training and Employment Notice TEN 38-09. 2. References . Training and Employment Notice TEN 38-09 American Recovery and Reinvestment Act of 2009 On-the-Job Training National Emergency Grants The American Recovery and Reinvestment Act of 2009 P.L. 111-5 Workforce Investment Act WIA sections 173 and 189 i 29 U.S.C. 2918 WIA regulations at 20 CFR Part 661 663 and 671 Workforce Investment Act National Emergency Grants Application Procedures Federal Register Notice Vol. 69 No. 81 dated April 27 2004 TEGL No. 14-03 Performance Reporting Submission Procedures for the Workforce Investment Act Standardized Record Data WIASRD and the Annual Report under Title IB of the Workforce Investment Act WIA dated November 13 2003 TEGL No. 16-03 National Emergency Grant NEG Policy Guidance dated January 26 2004 TEGL No. 16-03 Changes 1-5 National Emergency Grant Policy Guidance TEGL No. 17-05 Common Measures Policy for the Employment and Training Administration s ETA Performance Accountability System and Related Performance Issues dated February 17 2006 TEGL No. 13-08 Allotments for training and employment services as specified in the 2 American Recovery and Reinvestment Act of 2009 Recovery Act for activities under the Workforce Investment Act of 1998 WIA . Workforce Investment Act Adult Dislocated Worker and Youth Activities Program Allotments Wagner-Peyser Act Allotments and Reemployment Service RES Allotments dated March 6 2009 TEGL No. 14-08 Guidance for Implementation of the Workforce Investment Act and Wagner-Peyser Act Funding in the American Recovery and Reinvestment Act of 2009 and State Planning Requirements for Program Year 2009 dated March 18 2009 TEGL No. 19-08 National Emergency Grants Funded with American Recovery and Reinvestment Act of 2009 Resources dated April 30 2009 TEGL 24-08 Workforce Investment Act and Wagner-Peyser Act Performance Accountability Reporting for the American Recovery and Reinvestment Act of 2009 dated May 21 2009 TEGL 1-09 Changes 1 and 2 Reporting Requirements under Section 1512 of the American Recovery and Reinvestment Act of 2009 Information Collection Request Forms ETA 9103 9104 9105 9106 9107 OMB Control No. 1205-0439 ETA Form 9090 and the Workforce Investment Act Standardized Record Data WIASRD format OMB Control No. 1205-0420 ETA Form 9130 OMB Control No. 1205-0461 and ETA Form 9148 OMB Control No. 1205- 0474 3. Background . National Emergency Grants NEGs are discretionary grants awarded by the Secretary of Labor the Secretary under section 173 of the WIA as amended to provide employment-related services for dislocated workers. NEGs are intended to temporarily expand service capacity at the state and local levels by providing time-limited funding assistance in response to significant dislocation events. Significant events include plant closures and mass layoffs as well as other events recognized by the Secretary under 20 CFR 671.110 f . Significant events are those that create a sudden need for assistance that cannot be accommodated within the ongoing operations of the WIA Dislocated Worker DW formula program including statewide activities and Rapid Response funds reserved at the state level. 4. OJT NEG Overview . The United States supports a very large diverse and innovative economy. Current economic conditions have intensified the country s need to employ practical and effective solutions to our most pressing socio-economic challenges. President Obama created a national response when he signed into law the American Recovery and Reinvestment Act of 2009 to mitigate recessionary forces. While the economy is showing positive signs the recession is still playing out in many parts of the country including an increased number of layoffs. As of May 2010 over 14 million workers were unemployed. Of the 50 largest metropolitan areas in the US 16 averaged double digit unemployment rates in 2009. During the same period unemployment rates were 14.8 percent for African Americans 13.3 percent for Native Americans 11.5 percent for Hispanics and 9.3 percent for Whites. Job creation has been slow in many urban and rural communities which also has lead to prolonged unemployment. For these communities sustained unemployment rates have created an emergency on a scale with the emergencies typically identified with NEGs. Because of the widespread scope of recession-related layoffs across the country and their significant impact on the workforce system s ability to assist laid-off workers the Secretary 3 has recognized the impact of the recession on the national workforce as a significant dislocation event for purposes of one-time ARRA-funded NEG assistance hereafter referred to as On-the-Job Training National Emergency Grants or OJT NEGs announced by the Assistant Secretary in TEN 38-09. President Obama has said Now is the time to build a firmer stronger foundation for growth that will not only withstand future economic storms but one that helps us thrive and compete in a global economy. Initial signs of economic recovery are emerging. With 1.7 million layoffs or discharges in April the layoff rate fell to 1.3 percent its lowest level in two years. Furthermore March s increase in hires to 4.3 million was maintained in April. As hiring opportunities expand it will be critical to provide dislocated workers the opportunity to acquire the skill sets necessary to fill these positions. This grant opportunity provided 75 million across those areas most severely impacted by the recession with a focus on creating On-the-Job Training OJT opportunities for dislocated workers. The OJT NEG awards can be a critical tool in helping workers and communities recover from the effects of the economic downturn including plant closures mass layoffs and smaller worker dislocations by providing critical WIA services. To the extent possible OJT NEG project designs will include strategies to serve dislocated workers with the greatest barriers to reemployment including those experiencing prolonged unemployment. It will also be critical for grantees to identify workers from those industry sectors that experienced high rates of job loss during the recession such as construction manufacturing transportation and logistics and administrative and support services who can benefit from an OJT opportunity in a new occupation or industry. OJTs can bridge the divide between unemployment and employment by addressing gaps in an individual s skill level that would hinder them from fully performing a new job. Individuals who participated in OJTs funded under WIA in the past have demonstrated improved labor market attachment and enhanced job tenure as illustrated by higher rates of job placement and retention. OJT also offers participants a more family-friendly learn and earn training option allowing individuals a chance at up-skilling while earning a regular paycheck. For these reasons OJT is a remarkably viable training pathway for dislocated workers seeking reemployment. For employers OJTs offer the unique opportunity to offset initial training costs to fill skilled positions while building organizational productivity as the participant learns job requirements. An OJT arrangement can be the impetus for an employer to create the job opportunity now. OJT is defined at WIA section 101 31 as training by an employer that is provided to a paid participant while engaged in productive work in a job that-- provides knowledge or skills essential to the full adequate performance of the job provides reimbursement to the employer of up to 50 percent of the wage rate of the participant for the extraordinary costs of providing the training and additional supervision related to the training and is limited in duration as appropriate to the occupation for which the participant is being trained taking into account the content of the training the prior work experience of the participant and the service strategy of the participant as appropriate. 4 OJT for this project is provided under a contract with an employer in the private for-profit and non-profit sectors. OJT opportunities may not be created in the public sector using these funds . Under the OJT NEGs occupational training is provided by the employer for the WIA participant in exchange for reimbursement from 50 percent up to 90 percent of the wage rate depending on employer size or participant skill gaps. This reimbursement policy is explained in more detail under the heading Training Reimbursement Sliding Scale within Section 5 of this TEGL. OJT works best when the employment experience is closely tied to anticipated employment opportunities after an OJT placement is completed. As stated in the regulations governing OJT there is an expectation that the OJT will lead to continued unsubsidized employment beyond the OJT period. Therefore a dislocated worker s potential for permanent employment with the OJT employer or in the occupation or industry in which the OJT experience is taking place is an essential component of a quality OJT placement. Grantees should consider OJT placements in the context of in-demand occupations or industries where career pathways exist with employer partners who have a documented plan to add jobs. Grantees should conduct proactive outreach to employers particularly small businesses where OJT opportunities can be utilized to maximum effectiveness for the dislocated worker. Potential employers must be able to demonstrate their ability to train participants and document what skills will be acquired. For those employers who meet the grantee s approval and are selected as partners OJT contracts of sufficient detail should be developed to ensure an optimal training experience as well as one that maximizes the potential of trainees to be permanently hired once the training period has ended. Contracts must also adhere to the Special Policy Guidelines around reimbursement wage cap and training duration in Section 5 of this TEGL. Contracts must ensure the employer s responsibility for documenting skills gained by dislocated workers during the training period. When possible industry recognized credentials should be the end product for applicable occupations. Grantees also are required to track data on unsubsidized placement and retention as an indicator of successful employer participant matches. The data will be useful in determining employers who followed through with retention of OJT participants on a permanent basis at the end of the OJT contract. Employers who are unsuccessful in transitioning OJT participants to permanent employment should not be eligible for future OJT opportunities under this funding. In working with employers grantees are advised to develop policies and procedures to avoid displacement. 20 CFR Sec. 667.270 of the WIA regulations imposes safeguards to prevent WIA participants including those receiving services under an OJT NEG from displacing other employees. A participant may not be placed in an OJT slot if 1 any other individual is on layoff from the same or any substantially equivalent job 2 the employer has terminated the employment of any regular employee with the intention of filling the vacancy with an OJT participant or 3 the OJT position infringes on the promotional opportunities of currently employed workers. It should be noted that the prohibition on displacement may also include a partial displacement such as a reduction in the hours of non-overtime work wages or employment benefits of any currently employed employee. 5 5. Special Policy Guidelines for OJT NEGs . OJT NEG grantees must adhere to WIA laws and regulations governing OJT with a few notable exceptions described in this section below. A. Training Reimbursement Sliding Scale Grantees may use grant funds to reimburse employers for the extraordinary cost of training OJT participants e.g. the costs of overhead associated with providing the training shadowing mentoring and additional supervision that are part of a quality OJT placement. The reimbursement amount will be a negotiated percentage of the wage being paid to the participant. The wage level on which the reimbursement is based cannot exceed the State s average hourly wage the wage cap as discussed below in Section B . For OJT NEGs the negotiated reimbursement percentage may be as high as 90 percent of the participant s hourly wage subject to the wage cap based on either of the following conditions Employer size 1 up to 90 percent of the participant s wage rate for employers with 50 or fewer employees and 2 up to 75 percent of the participant s wage rate for employers with 51-250 employees. Employers with more than 250 employees are limited to the standard WIA cap of 50 percent. Participant skills gap Where there is an extraordinarily large gap between the skills of the individual and the skills needed for the job a sliding scale up to 90 percent may be used to reflect the degree of the individual participant s skills gap. These flexibilities are optional and may be used independent of one another. It should be emphasized that grantees need not apply for waivers to obtain these flexibilities. The sliding scales for reimbursement will be built into the terms and conditions of the grant award. Grantees are responsible for developing their own policies to assess individual participants skill gaps as well as determining the appropriate tools the state will use to measure it. There are several tools that are useful in determining the skills necessary for specific occupations and industries. Some of these include Industries Competency Model Clearinghouse www.CareerOneStop.org CompetencyModel o Includes competency models for bioscience construction automation and more Occupations O NET Online http online.onetcenter.org o Occupational Competency Profiles contain tasks knowledge skills abilities detailed work activities Certification Finder http www.careerinfonet.org certifications new default.aspx o Includes certifications for hundreds of occupations B. Wage Cap For the purposes of these OJT NEGs the training reimbursement described above is restricted by a wage cap. ETA has established a wage cap policy that the training 6 reimbursement level is not to exceed a percentage up to 50 percent through 90 percent as described in the previous section A of the state s average hourly wage rate. That is the training reimbursement percentage is applied against the participant s wage rate unless the wage rate exceeds the state s average hourly rate. In that case the training reimbursement percentage must be applied against the state s average hourly rate. This limitation on the training reimbursement provides grantees with latitude in the type of occupations that can be targeted while maximizing the number of OJT opportunities. Grantees may enter into contracts with employers who elect to pay participants more than the state average wage however the employer cannot receive a training reimbursement beyond a percentage determined by the sliding scale of the capped level . The states average hourly wage rate is provided by the Bureau of Labor Statistics in the Quarterly Census of Employment and Wages. The most up-to-date annual data are for 2009. The hourly wage caps for each state can be found in the table below. State Average Hourly Wage Rate STATE AVE. HOURLY WAGE STATE AVE. HOURLY WAGE Alabama 18.03 Nebras ka 17.94 Alaska 23.41 Nev ada 19.42 Arizona 19.67 New Hampshire 21.02 Ark ansas 16.65 New Jersey 24.04 California 23.82 New Mexico 18.71 Colorado 22.11 New York 24.42 Connec ticut 24.50 North Carolina 18.95 Delaware 22.25 North Dakota 17.31 District of Columbia 34.01 Ohio 19.37 F lor id a 1 8.9 6 O k la h om a 17 .2 2 Georgia 19.88 Oregon 20.45 Hawaii 20.56 Pennsylvania 20.21 Idaho 18.23 Rhode Island 21.31 Illinois 22.17 South Carolina 17.81 Indiana 18.43 South Dak ota 16.02 Iowa 17.77 Tennes see 17.96 Kansas 18.52 Texas 19.76 Kentucky 17.97 Utah 18.86 Louisiana 17.60 Vermont 19.68 Maine 18.53 Virginia 22.29 Maryland 23.80 W ashington 22.97 Mas sac husetts 25.34 W est Virginia 16.62 Michigan 20.64 W iscons in 19.32 Minnesota 21.60 W yoming 19.19 M ississip pi 1 6.1 4 Gu am 14 .3 3 Missouri 18.87 Puerto Rico 12.35 Montana 16.87 Virgin Is lands 16.85 So u rce Bureau of Labor Sta tisti cs 2009 Occupational Employment Sta tist ics It should be noted that employers are required to compensate OJT participants at the same rates as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training experience and skills WIA Sec. 181 a 1 A . Therefore if the job pays less than the capped level for similar work the OJT wages and training reimbursement should be based on this lesser level. The OJT employee should not be paid more simply because the state s average wage makes available a higher reimbursement threshold. 7 Two examples may help to illustrate reimbursement within the wage cap i. A participant in Pennsylvania may enter OJT as an insurance cost estimator the average hourly wage for which is 28.50 above the wage cap . Since the average hourly wage for Pennsylvania is 20.21 the employer may only be reimbursed at some percentage of this wage cap determined by the employer s size or the skills gap of the trainee . However the employer must compensate the participant at the same rate as the person sitting next to the trainee doing the same job with similar levels of training experience and skills. ii. A participant in Pennsylvania may enter OJT as a certified nursing assistant the average hourly wage for which is approximately 11.00 below the wage cap . Even though the average hourly wage cap for Pennsylvania is 20.21 the OJT reimbursement level must be based on a wage deemed equal to other employees doing the same job with similar levels of training experience and skills. The reimbursement would be some percentage of the wage to be determined by employer size or skill gaps of the trainee . In this case the wage level would be lower than the capped level. Therefore the reimbursement level would be applied against the full wage rate. C. OJT Duration Limit OJT NEGs are a special initiative under ARRA and as TEN 38-09 and this TEGL indicate the current economic conditions have contributed to an increased number of significant layoff events across the country. Since resources are limited ETA has determined that the period of reimbursement will be limited to six months to maximize opportunity. Individuals may not be co-enrolled in other ETA programs for the purpose of extending OJT beyond six months. Six months exceeds the average length of time for current WIA OJT activities so employers who require less time to train OJT participants should be encouraged to transition participants to permanent employment as soon as possible. D. OJT Contracts OJT contracts funded under OJT NEGs must comply with the following requirements i. OJT positions cannot be developed with public sector employers or with employers a. which are casinos or other gambling establishments swimming pools aquariums zoos and golf courses. b. that will or may displace workers see 20 CFR Sec. 667.270 . c. have relocated all or part of their business within the previous 120 days where the relocation action has resulted in the loss of employment of any employee at the original location. ii. Contracts must include the criteria for employer reimbursement. iii. Contracts must ensure the employer s responsibility for documenting skills gained by dislocated workers during the training period. 8 6. Partnerships . It is ETA s expectation that roles of partners including business organized labor other government agencies and Community Based Organizations CBOs be defined in the implementation plan. It should also be noted that a substantial connection to the local workforce system is an OJT NEG requirement . As TEN 38-09 outlined where possible CBOs may play a special role in these grants especially in the recruitment of OJT participants and identifying OJT opportunities. They may also act as intermediaries offering contacts to community employers for potential OJT creation or be potential employers themselves. However a number of other roles for CBOs should be explored. The local knowledge base wrap-around service resources training capability and key community networks of CBOs can be utilized as value-adding components of the OJT NEGs. Integrating the local networks community awareness resources and services available through CBOs into the project can enhance the wrap-around support provided to participants as well as the community-specific information and contacts to aid program implementation. Such value-adding resources should not go untapped. CBOs can play a critical support role in the individual s transition from dislocated worker to OJT participant ranging from the provision of supportive services such as transportation assistance child care access to food banks and other community resources to direct off-site training counseling and or mentoring activities for participants particularly as related to basic employability low English proficiency substance abuse disabilities or other key barriers to successful participation in OJT. 7. Eligible Participants . Participation in projects funded with these OJT NEGs will be limited to dislocated workers with special consideration for dislocated workers experiencing prolonged unemployment and those with the greatest barriers to reemployment. WIA Section 101 9 defines the term dislocated worker as an individual who meets one of the following four categories A i has been terminated or laid off or who has received a notice of termination or layoff from employment ii I is eligible for or has exhausted entitlement to unemployment compensation or II has been employed for a duration sufficient to demonstrate to the appropriate entity at a one-stop center referred to in section 134 c attachment to the workforce but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law and iii is unlikely to return to a previous industry or occupation B i has been terminated or laid off or has received a notice of termination or layoff from employment as a result of any permanent closure of or any substantial layoff of a plant facility or enterprise 9 ii is employed at a facility at which the employer has made a general announcement that such a facility will close within 180 days or iii for purposes of eligibility to receive services other than training services described in section 134 d 4 intensive services described in section 134 d 3 or supportive services is employed at a facility at which the employer has made a general announcement that such a facility will close C was self-employed including employment as a farmer a rancher or a fisherman but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disaster or D is a displaced homemaker. Because the recent economic downturn has had such a severe impact on the nation s ability to create and sustain jobs workers whose layoffs occurred since the onset of the recent recession January 1 2008 may be considered to be unlikely to return to their previous industry or occupation for purposes of determining eligibility for part A iii of the Dislocated Worker definition above. As noted earlier in this TEGL to the extent possible ETA expects project designs to include strategies to serve dislocated workers with the greatest barriers to reemployment including those experiencing prolonged unemployment. Prolonged unemployment refers to a period of joblessness beyond the state s average weeks for Unemployment Insurance UI . The number of weeks is the important indicator not the UI status. Therefore an individual not covered by UI ineligible or exhaustee may still be identified as experiencing prolonged unemployment if s he exceeds the specified duration. 8. Implementation Plans for Grantees . By August 31 2010 the grantee through the NEG electronic application system eSystem must develop and submit an implementation plan to the Regional Office the Grant Officer and the Office of National Response that describes in detail how OJT NEG funds will be used to create and implement an OJT project. Grantees will be allowed to draw down and expend up to 10 percent of their award to support the development and submission of the grantee implementation plan as well as other preparatory and participant service activities . The implementation plan process allows states to work with statewide and regional representatives CBOs and intermediaries to design OJT projects appropriate for local labor markets. It is expected that the implementation plans will identify and ultimately provide services to hard-to-serve communities and populations and identify OJT funding needs based on populations local industry occupations and employer partnerships. Implementation plan criteria were provided to each grantee as part of the grant award documents and can also be found in Attachment I of this TEGL. Submission of a quality implementation plan is required as part of the grant s terms and conditions for grantees to be able to access their total grant award. An OJT NEG Implementation Plan Modification User Guide will be provided to all grantees to explain the submission process. 10 9. Administrative Costs . Administrative costs are allowable at all levels so long as the total administrative costs do not exceed 10 percent for the overall grant per the standard NEG Guidelines. An applicant could propose to exceed the 10 percent overall limitation if a justification is provided and approved by the Grant Officer. Administrative costs are defined at 20 CFR 667.220. Staffing costs Administrative or Program are allowable costs and are subject to the OMB Cost Principles including for example the necessary reasonable and allocable criteria. 10. Funding . Each OJT NEG grantee received a Notice of Obligation NOO which indicated the amount awarded to the grantee. As stated earlier grantees will be limited to drawing and expending up to 10 percent of their award for implementation planning and other limited OJT preparatory project and participant service activities. These activities must be in general accordance with the conditionally approved application. The period of performance for OJT NEGs will be for 12 months from date of award. A no-cost extension may be provided for up to an additional 12 months subject to justification and approval by the Grant Officer. All funds must be expended by June 30 2012. 11. OJT Technical Assistance . ETA will be offering technical assistance to help grantees with the development of their implementation plan. The new OJT Toolkit website is now live. This toolkit was designed with the substantial input from various stakeholders at the State and local level. It includes sample OJT policies and procedures contracts monitoring tools and other useful documents. Grantees may access this information at http ojttoolkit.workforce3one.org page home . All other materials including TENs TEGLs and Policy Questions and Answers may be accessed through the Department s dedicated OJT NEG Web site http www.doleta.gov layoff Job Training.cfm . 12. Performance and Fiscal Reporting for OJT NEGs . To ensure ETA is able to assess the success achieved under these OJT NEGs and other WIA programs the collection of accurate quality data is instrumental in assuring financial and performance accountability. To satisfy statutory and regulatory recordkeeping and reporting requirements states must report characteristics services received and outcomes of participants served with WIA funds including these OJT NEGs. Such information is critical to determine the success of these investments. The following performance and fiscal reports are required ETA 9090 WIA Quarterly Report OMB Control No. 1205-0420 Workforce Investment Act Standardized Record Data WIASRD Quarterly Submission OMB Control No. 1205-0420 ETA 9148 WIA Adults Dislocated Workers and National Emergency Grants Monthly Report OMB Control No. 1205-0474 . This report is submitted by each state on the 15th of each month to ETA for the previous month. Accurate monthly counts of OJT NEG participants provide a means to track the progress of OJT NEGs as they are implemented. This is important because it provides ETA with an early warning system to identify grantees that may be in need of technical assistance to get their OJT NEG operational. ETA 9130 U.S. DOL ETA Quarterly Financial Status Report OMB 1205-0461 ETA 9104 NEG Quarterly Performance Report QPR OMB 1205-0439 ARRA Section 1512 Quarterly Recipient Report. Please note the ARRA recipient 11 report is submitted by direct recipients or designated sub-recipients of ARRA funds to OMB through an electronic reporting system at www.FederalReporting.gov no later than the 10th day after the end of each calendar quarter. This Recipient Report contains cumulative data on the projects and activities funded by ARRA from the inception of the grant award jobs created retained data is quarterly . For additional reporting guidance and references see TEGL 1-09 Change 1 and 2 Reporting Requirements under Section 1512 of the American Recovery and Reinvestment Act of 2009 as well as OMB guidance found at www.recovery.gov . In addition the WIASRD must be submitted quarterly on all participants and exiters from OJT NEGs. In order to evaluate the success of OJT NEGs it is imperative that states make every effort to submit the required reports on a timely basis and that they be accurate and complete. There are a few important WIASRD elements pertaining to OJT and NEG funding sources that must be completed for OJT NEG participants WIASRD data items 340 and 341 Type of Training Service 1 and Type of Training Service 2 are the sources for determining which individuals received OJT. A lack of complete data on these WIASRD elements will result in an undercounting and underreporting of the number of individuals who received OJT WIASRD data item 342 Occupational Skills Training Code is important because it contains information on the occupation in which the individual was trained. This information facilitates the identification of occupations where OJT most often occurs or where it is the most successful in obtaining better employment outcomes for workforce system customers WIASRD data items 313a 313b and 313c 1 st 2 nd and 3 rd NEG Project IDs in conjunction with WIASRD data item 326 Other WIA or Non-WIA Programs make possible the isolation of individuals who were provided OJT through these ARRA-funded NEGs. Individuals in any OJT NEG will not count against the performance of the credential attainment measure for WIA programs. States also may request a time limited waiver to also exclude OJT NEG participants who are co-enrolled in other WIA programs so that the credential result for that individual would not count against performance of either program. It should be noted that while the individual does not count against performance of this measure the data on credential attainment for each individual must still be collected and reported by the grantee in the WIASRD and submitted to ETA. The number of participants and exiters in the OJT NEGs must be included in the quarterly aggregate counts submitted by states in the ETA 9090 WIA Quarterly Report. 13. Paperwork Reduction Act PRA Statement . Under the PRA a Federal agency may not conduct or sponsor a collection of information nor is the public required to respond to a collection of information nor may any person be subject to a penalty for failing to comply with a collection of information unless it is approved by the Office of Management and Budget OMB under the PRA and displays a currently valid OMB control number 44 12 U.S.C. 3507 . The currently valid OMB Control Number for this collection is OMB Control No. 1205-0439. 14. Action Requested . Grantees must complete an implementation plan within 60 days of award. Please distribute this information to all appropriate state and local officials including local workforce investment board chairs administrative entities chief elected officials and One-Stop Career Centers. 15. Inquiries . Any questions regarding program and policy issues for the OJT NEGs should be directed to the appropriate ETA Regional Office. Requests for NEG eSystem access or technical assistance with the electronic submission of the implementation plan modification should be sent to NEGEsystem dol.gov . 16. Attachment . Attachment I Implementation Plan Narrative Criteria