TEN_25_12_Acc.pdf

ETA Advisory File Text

U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION WASHINGTON D.C. 20210 TRAINING AND EMPLOYMENT NOTICE NO. 25-12 DATE March 1 2013 TO A LL STATE WORKFORCE AGENCIES ALL STATE WORKFORCE LIAISONS ALL STATE WORKFORCE ADMINISTRATORS AMERICAN JOB CENTERS FROM JANE OATES s Assistant Secretary SUBJECT Agricultural and Food Processing Clearance Order and Memorandum Employment and Training Administration ETA Forms 790 and 795 1. Purpose . To transmit the updated Agricultural and Food Processing Clearance Order ETA Form 790 Agricultural and Food Processing Clearance Memorandum ETA Form 795 and the instructions for both forms. 2. References . Wagner-Peyser Act as amended Section 3 29 USC 49b a and 20 CFR Part 653.500 et seq. 3. Background . The Agricultural Recruitment System ARS helps agricultural employers recruit qualified workers on a temporary or seasonal basis. The ARS provides protection to workers who are not seeking permanent relocation but rather temporary agricultural employment. Through the ARS the State Workforce Agencies SWAs can recruit and refer qualified workers systematically from other areas of the state and from other states when there is an anticipated shortage of workers in the local area. To use the ARS to recruit workers employers work with their local American Job Center formerly referred to as a One-Stop Career Center to develop agricultural or food processing Clearance Orders which request workers for less than one year of employment. ETA requires states to use two forms as part of the ARS. To initiate out-of-area recruitment for temporary agricultural work SWAs should use ETA Form 790 Agricultural and Food Processing Clearance Order. SWAs should use ETA Form 795 Agricultural and Food Processing Clearance Memorandum when making changes to the Clearance Order. ETA Form 795 may be used to reflect changes in employment terms and conditions and changes in dates or it may be used to provide additional information relating to the Clearance Order. As required under the Paperwork Reduction Act ETA sought and received approval from the Office of Management and Budget OMB for a 3-year extension of Forms 790 and 795 with changes. Prior to this approval the proposed forms were released for public comment through Federal Register Notices 77 FR 28625 May 15 2012 and 77 FR 56232 Sept. 12 2012 and changes were made to ETA Forms 790 and 795 accordingly. 2 4. ETA Form 790 Agricultural and Food Processing Clearance Order . ETA has made changes to ETA Form 790 in order to clarify the information that employers need to provide in the Clearance Order to make the job description and requirements as clear as possible for agricultural workers and to facilitate processing of Clearance Orders by local offices and SWAs. The changes incorporated to ETA Form 790 include the following 1 In Box 1 added types of contact information for employer or agent. 2 In Box 2 changed the word Location to request the exact address of the worksite. 3 In Box 3 added directions to housing. 4 In Box 4 removed Industry Code and replaced with occupational code and title formerly in another location. 5 In Box 6 included information on address of order holding office and name of local office representative formerly in another location to clarify that states not employers provide this information. 6 Added Box 12 for the anticipated range of hours for different seasonal activities. 7 In Box 13 eliminated collect calls accepted from the local office. 8 In Box 14 replaced reference to boarding arrangements with a more specific request for information on how the employer intends to provide meals or cooking facilities for workers. 9 In Box 15 added information on how applicants are to be hired. 10 In Box 16 added information on work experience and job requirements. 11 In Box 17 which provides for wage rates pay information and deductions added a Monthly pay period option. 12 In Box 26 inquired if job order is to be placed in connection with a future Application for Temporary Employment Certification for H 2A workers. 13 In Box 27 provided the Spanish translation for the Public Burden Statement. 14 Added a new Box 28 for the purpose of providing additional information where necessary. A new addition to ETA Form 790 is the Intrastate and Interstate Clearance Order Assurance statement for employers signature. Also the Spanish translation was added or corrected throughout the form. 5. ETA Form 795 Agricultural and Food Processing Clearance Memo . No changes were made to ETA Form 795. 6. Action Required . States are required to start using the attached version of the Agricultural and Food Processing Clearance Order ETA Form 790 and Agricultural and Food Processing Clearance Memorandum ETA Form 795 following the date of issuance of this Training and Employment Notice TEN . This reporting requirement is approved under the Paperwork Reduction Act of 1995 OMB Control No. 1205-0134 with an expiration date of October 31 2015. 7. Inquiries . Inquiries concerning this TEN should be directed to the Regional Monitor Advocate in the states respective region Region 1 George J. Kincannon at Kincannon.George.J dol.gov or 617 788-0135 Region 2 Nicole Duchman at duchman.nicole dol.gov or 215 861-5208 Region 3 Toni Buxton at buxton.toni dol.gov or 404 302-5367 Region 4 Jesus Morales at morales.jesus dol.gov or 972 850-4616 Region 5 Eric Hernandez at hernandez.eric dol.gov or 312 596-5419 Region 6 Krister Engdahl at engdahl.krister dol.gov or 415 625-7960 3 8. Attachments . Agricultural and Food Processing Clearance Order ETA Form 790 and instructions. Agricultural and Food Processing Clearance Memorandum ETA Form 795 and instructions. The forms are also available on ETA s Web site at http www.doleta.gov programs msfw.cfm .