TEN 08-22 (Accessible PDF).pdf

ETA Advisory File Text

TRAINING AND EMPLOYMENT NOTICE NO. 08-22 DATE October 21 2022 EMPLOYMENT AND TRAINING ADMINISTRATION U.S. DEPARTMENT OF LABOR WASHINGTON D.C. 20210 TO STATE WORKFORC E AGENCIES S TATE WORKFORCE ADMINISTRATORS STATE WORKFORC E LIAISONS S TATE WORKFORCE DEVELOPMENT BOARDS AND STAFF LOCAL WORKFORCE DEVELOPMENT BOARDS AND STAFF AMERICAN JOB CENTER DIRECTORS COMMUNITY COLLEGES TRIBAL COLLEGES STATE APPRENTICESHIP AGENCIES ETA COMPETITIVE GRANTEES YOUTHBUILD PROGRAMS STATE AND LOCAL STAKEHOLDERS IN THE WORKFORCE INNOVATION AND OPPORTUNITY ACT FR OM BRENT PARTON s Ac ting Assistant Secretary SUBJECT Building Pathways to Infrastructure Careers Framework for Preparing an Infrastructure Workforce 1. Purpose. To promote a framework for all workforce stakeholders including infrastructure project leads to engage the public workforce system in implementing the Bipartisan Infrastructure Law with strong workforce commitments and proven strategies that produce high-quality education training and employment opportunities for all workers. 2. Action Requested. Workforce stakeholders may adopt the infrastructure workforce framework share it broadly with other workforce stakeholders and promote its adoption. 3. Summary and Background. a.Summary This notice provides a framework and vision for the role of the public workforce system as a strategic partner in creating and supporting pathways to millions of good-paying infrastructure jobs with high labor standards including prevailing wages and the free and fair choice to join a union and collectively bargain as the historic Bipartisan Infrastructure Law BIL investments ramp up. b. Background In November 2021 Congress passed and the President signed the BIL a once-in-a-generation investment in America s infrastructure and competitiveness. Through the BIL America s roads bridges and rails will be rebuilt and access to clean drinking water will be expanded ensuring every American has access to high-speed 2 internet addressing the climate crisis advancing environmental justice and investing in communities that have too often been left behind. The BIL is a historic investment in our nation s infrastructure and our communities and implementing BIL with integrity requires a readily available well-trained and highly skilled workforce. The current supply of infrastructure workers is insufficient to meet the need BIL presents new investments in education and workforce training and pathways to high-quality jobs will be necessary to implement BIL-funded opportunities offered by the Department of Transportation DOT Department of Commerce DOC Department of Energy DOE the Environmental Protection Agency and other Federal agencies. In addition to meeting growing labor needs spurred by the 550 billion in new BIL investments there is an urgent need to emphasize diversity equity inclusion and accessibility DEIA within the infrastructure workforce and talent pipeline. The BIL includes multiple provisions like local and economic hire provisions and new flexibilities for workforce development spending which empower federal investments to support local infrastructure talent development and training. These investments present an opportunity for our nation and the public workforce system to ensure that new resources create pathways to good-paying jobs for all Americans jobs where workers are paid fair wages and benefits they have a voice in their workplace and entry-level positions provide pathways to growing skills and career advancement. Meeting the moment will require collaboration and innovation across silos in the public and private sector. The Department of Labor provides this framework to encourage the public workforce system to engage in workforce development planning and training activities to attract retain and empower a diverse qualified infrastructure workforce. The framework reflects three primary activities partnership development planning and designing and delivering proven workforce strategies and programs. Partnership Development Engage convene and link key demand side and supply side workforce partners positioned to support a comprehensive workforce plan across various project and sector needs. Planning Leverage local workforce partners capacity to support planning activities and formulate strategies that meet project needs and advance equity in communities and for underrepresented workers. Proven Strategies and Programs Design deliver and scale proven workforce strategies programs and practices with a track record for delivering and opening access to high quality training for diverse communities that include underrepresented workers. 4. Framework and Vision Partnership Development. Wherever possible infrastructure project owners namely entities tasked with implementing BIL-funded projects whether they are grantees contractors or otherwise should strive to build meaningful collaborative partnerships within the communities where infrastructure projects are based. Through partnerships 3 projects and project leads should strive to enable workers and employers to collaboratively improve community outcomes achieve shared goals and change systems through the creation of effective education and workforce training programs that will ensure workers build the skillsets necessary to fill and grow into locally available infrastructure jobs. Federal investments in our communities and workers should spur coordinated action in sectors including but not limited to those with dedicated BIL workforce training funds to dramatically expand and accelerate the creation of such training programs. State and local governments workforce boards community colleges non-profits and community based organizations foundations labor organizations provider and advocacy associations industry associations chambers of commerce and other workforce stakeholders are critical additional partners to workers worker organizations and employers to ensure we have the training pathways we need for everyone to succeed particularly women people of color young people and those from disadvantaged or underserved communities. 1 a. Strategic Partnerships and Engagement Strategic partnerships are foundational to a comprehensive infrastructure workforce plan. Workforce system partners and infrastructure project owners should actively engage and partner with the community especially disadvantaged or underserved communities where the project is based early in the project planning process. This includes establishing channels for diverse voices and communication to identify communities needs. Developing key place-based partnerships with community stakeholders allows project owners and workforce development programs to not only understand but directly target the needs of a community and provide a greater range of tailored services as a result. i. Build diverse partnerships. Partner roles and resources vary immensely therefore it is best for infrastructure project leads to recruit an array of partners with different and overlapping strengths weaknesses resources areas of expertise and constituents. Marshalling the available resources and developing effective strategies to deploy those resources will require enlisting all stakeholders to address BIL-related talent pipeline needs. Each strategic partner plays an essential role in preparing the workforce and addressing local regional and state-specific challenges. For instance workforce board leaders are uniquely positioned to convene all the stakeholders of a workforce development system to align resources and efforts that lead to quality results for businesses and career seekers. This includes bringing together stakeholders such as employer industry associations unions labor councils and labor-management partnerships community colleges and education and training providers community-based organizations and various ETA competitive grantees and designing and 1 Definitions for equity and underserved communities are found in Executive Order 13985 Advancing Racial Equity and Support for Underserved Communities Through the Federal Government Sections 2 a and b 4 articulating a vision in the short- and long-term such as through their State Plans. Infrastructure project owners should reach out to and develop partnerships with state and local workforce board leaders as soon as possible in the life cycle of the project. ii. Encourage high-road practices and employers. Project owners and other stakeholders should pursue partnerships with organizations and coalitions that can help connect workers to good-paying jobs including organizations that represent workers who are underrepresented in infrastructure jobs so that these workers can be engaged in the design and implementation of infrastructure workforce investment strategies. Once engaged workforce boards can help facilitate connections to high-road employers on behalf of project owners. Workforce stakeholders should also establish or deepen partnerships with local employers who offer high-quality in-demand jobs. The Department recommends doing this in the context of a sector strategy which means working with employers as a group to meet their collective workforce development needs. iii. Engage broadly with traditional and nontraditional stakeholders. The BIL presents many opportunities for infrastructure project leads to form partnerships share labor market information and expertise and to shape workforce development activities to reflect proven workforce strategies and practices. For example common public workforce system partners often include Federal agencies and State Local and Tribal governments which develop and bid out projects and in doing so set the rules of the road Employers and Industry Associations in the applicable industry and supply sectors which convey requirements for a skilled workforce and provide quality jobs Contractors who bid on the projects from government and run the project delivery Workforce Development Boards and American Job Centers who through key partners drive and align investments in workforce development across economic regions Unions local labor councils and labor-management partnerships for the relevant trades which run Registered Apprenticeship and pre-apprenticeship programs and in some cases define the terms of the workforce through collective bargaining agreements with contractors National Apprenticeship System Registration Agencies including Offices of Apprenticeship and State Apprenticeship Agencies that can provide technical assistance to industry on designing and approving Registered Apprenticeship programs or serve as 5 conveners for apprenticeship partners and stakeholders such as employers labor education and workforce providers Local Job Corps centers which provide combined academic and career technical training to underserved youth and young adults ages 16 to 24 preparing them to enter emerging and in-demand careers Youth-serving organizations and youth providers which offer a variety of workforce development opportunities e.g. paid and unpaid work experiences summer employment opportunities pre- apprenticeship programs internships job shadowing on-the-job training opportunities Community colleges and education and training providers which may operate relevant training programs and will be essential for the development of programs responsive to emerging workforce needs Four-year colleges and universities in particular Historically Black Colleges and Universities Tribal Colleges and Universities Minority-Serving Institutions and Hispanic- Serving Institutions often in consortia with other adult education and postsecondary education institutions and Community-based advocacy and provider organizations and worker centers which can be critical partners to support the recruitment and success of women Black and Brown workers individuals with disabilities veterans and other communities historically excluded from high-quality employment opportunities and pathways. Stakeholder engagement does not need to be linear. In fact broader cross- collaboration of stakeholders within a sector strategy is seen as a best practice approach to align public and private resources to address talent needs. Sector strategies establish partnerships of multiple employers within a critical industry that brings together education economic development workforce systems labor organizations and community organizations to identify and collaboratively meet the workforce needs of that industry within a regional labor market. As part of sector-based workforce investments the public workforce system and key stakeholders should promote best practices that create and expand training programs to support long-term careers in the infrastructure sector. Through better alignment of education training and employment services among public agencies career pathway systems hold the promise of increasing the number of workers in the U.S. who gain the industry- recognized and academic credentials they need to work in the most in- demand occupations in infrastructure. b. Equity and Job Quality as Shared Priorities Advancing shared job quality and equity priorities is critical in building a skilled infrastructure workforce. State and local governments workforce boards state apprenticeship agencies community 6 colleges non-profits foundations labor organizations and industry associations are critical additional partners to workers worker organizations and employers to ensure we have the training pathways we need for everyone to succeed particularly women people of color and those from disadvantaged communities. These strategic partnerships should engage key stakeholders and implement a process for informing workforce strategy design and gathering feedback from communities on the responsiveness of these investments to the needs of underrepresented workers and underserved communities. Another strategy includes engaging philanthropies interested in workforce job quality and infrastructure investments on how they can support and amplify the Department s efforts including by supporting States Tribes and localities to use funding available to advance equitable workforce development strategies. Planning and Procurement. Planning for infrastructure projects takes a substantial amount of time and partnerships that have been formed between workforce system partners and infrastructure stakeholders should be deep throughout this planning period. Workforce system partners should have three specific priorities in mind during the planning process Understand the types of jobs that are going to be created and skills needs including emerging skills and relevant industry-recognized credentials that may be needed to enter those jobs . Build quality jobs and quality training into project planning and project bids as well as a focus on hiring a diverse workforce. Determine funding sources that can be leveraged for workforce development needed to support infrastructure projects. a.Understand the Jobs That Are Going to Be Created and Skills Needs Workforce system partners and infrastructure project leads should engage in strategic planning with community partners and use data to inform decision-making. For example the WIOA State and local plans can offer insight on state and local workforce priorities assets and goals and may already include a baseline of information for an industry s workforce plan. The Economic Development Administration s Comprehensive Economic Development Strategy or CEDS can support linkages between for example a transportation workforce plan and broader federally supported economic development efforts. In examining the various infrastructure workforce needs it may be useful to think about sequencing employment placement opportunities as in determining when skilled workers are needed for various phases of the projects versus building a comprehensive pipeline of skilled apprentices and workers at one time. Economic and labor market information LMI can inform strategies and policies around which industries occupations skills and credentials are necessary for an infrastructure workforce. LMI informs both immediate response and ongoing efforts during this rapidly changing economic environment and partners must work 7 closely with the LMI Directors within their states to understand the current and growing needs of their economy. To foster greater connectivity strategic coordination and implementation of training and employment efforts for an infrastructure workforce we encourage the strategic partners to broadly share LMI about what jobs are available what skills are in demand and what training and industry-recognized credential is most likely to have strong employment outcomes. This sharing of information will assist workforce system customers and jobseekers to make data-informed career decisions. Workforce system partners should also gather qualitative information about the workforce needs from past projects while also engaging employers unions chambers of commerce and transportation authorities for insight on current and future workforce needs. Workforce system partners should seek to gain knowledge about both jobs and training pathways including whether Registered Apprenticeship slots are available. For example workforce system partners could prepare an asset map of key workforce services benefits and resources within the community to determine available assets to leverage and gaps to fill. b. Build Quality Jobs and Quality Training That Reaches Underserved Communities into Project Planning and Project Bids One fundamental consideration involves workforce partners and other entities receiving BIL funding for infrastructure- related projects to prioritize connecting a diverse pool of workers including those from underrepresented and underserved communities to good jobs by investing in high-quality education and training opportunities and appropriate wrap-around supportive services. These investments should focus on connecting nontraditional and underserved communities including but not limited to Black Indigenous and people of color or BIPOC LGBTQ individuals women immigrants veterans youth and young adults individuals with disabilities individuals at or below the poverty line individuals in rural communities individuals without a college degree individuals with or recovering from substance use disorder individuals with limited English proficiency individuals without a high school credential equivalency and justice- involved youth and adults to high-quality education and training opportunities that lead to high-quality and well-paid career pathways in infrastructure sectors. Additionally states and cities should prioritize funding and partnerships with high- quality programs with a proven track record of connecting workers to good jobs ensuring the inclusion of nontraditional and underserved communities in their outreach efforts graduating diverse cohorts of workers existing ties to community and worker organizations and outcomes-driven as opposed to outputs-driven program evaluations and accountability metrics. State and local infrastructure stakeholders can work good jobs and equitable workforce development into their project bids. These entities issue a request for proposals or RFP when they want to fund a project and in that request they can use several strategies to encourage the creation of good jobs and equitable workforce development strategies including 8 i. Apprenticeship Utilization Requirements. One method of encouraging equitable workforce development strategies like pre-apprenticeships and RAPs in infrastructure projects is by establishing minimum threshold requirements. For instance some states require that a portion generally 10- 20 of all work on publicly supported construction projects is completed by apprentices in RAPs. This requirement not only encourages the use of best practice workforce strategies on infrastructure projects but is aligned with good jobs because of the wage standards built into RAPs relative to journey-level workers. Apprenticeship utilization policies are an effective tool for increasing the number of RAP opportunities. Apprentice utilization policies are also a way of articulating the need for quality jobs and for the inclusion of a diverse workforce that includes women people of color people with disabilities youth and veterans. Read more about how Washington state and cities like Portland Oregon used apprenticeship utilization in local projects through the links above. ii. OFCCP Participation Goals in Construction Trades. An additional method of encouraging equitable workforce development strategies is encouraging efforts to meet the minimum level of established participation goals for women and minorities in the construction trades. Project bids should make it clear that all contractors and subcontractors which hold any Federal or federally assisted construction contract in excess of 10 000 are required to make good faith efforts to meet the goals of 6.9 of construction hours being performed by women and goals that vary based on geography for construction work hours and for work performed by people of color. More information can be found here particularly on pgs. 18-19. iii. Local and Economic Hiring Preferences. Another method of encouraging equitable workforce development strategies and good jobs within the community of the BIL-funded project is local hire. Local and economic hire can be written into funding announcements for competitive grants and require that a certain percentage of workers hired for the project be sourced from within the community the project is based in or from economically disadvantaged communities in the area. Preferences can be for people living in disadvantaged census tracts or people with certain barriers to employment like not having postsecondary education. Local and economic hiring preferences are a way to encourage hiring of populations that are economically disadvantaged and underrepresented in infrastructure jobs. Local and economic hiring preferences create an incentive to reinvest in the community where a project takes place and promote the effective and efficient delivery of high-quality projects with a readily-sourced local workforce. Communities might consider including race and gender as individual characteristics within a local hire provision if they have among other things identified a manifest imbalance in traditionally segregated job categories with a design to break down patterns of segregation and to open 9 employment opportunities for the targeted groups in jobs from which they have traditionally been barred. Read more about local hire and frequently asked questions here. iv. Project-Specific Agreements. Public entities and workforce stakeholders implementing BIL-funded projects may enter into project-specific pre-hire collective bargaining agreements to support workforce quality safety and stability ensure investments benefit the local economy and help guarantee on-target and on-budget completion of projects. For instance project labor agreements PLAs establish wages benefits and other terms and conditions of employment across the entirety of a project. PLAs are a common and cost-effective way to reduce uncertainty in the contracting process increase efficiency and coordination on projects support contractor access to skilled workers improve worker safety and health outcomes and prevent labor disputes delays and disruptions on projects. Where underutilization exists PLAs can also help establish diversity goals diverse pipelines through the inclusion of local hiring goals and or requirements for good faith efforts to hire and retain workers from historically underserved groups which could include people of color women veterans and people with disabilities and funds for training and wrap-around services especially for women people of color and other workers from underrepresented groups. For example one PLA in Boston embedded funding to launch the Care That Works pilot childcare program. Community benefits agreements CBAs are agreements signed by community benefit groups and a developer identifying a range of community benefits the developer agrees to provide as part of the development in return for the community s support of the project. CBAs may include benefits such as minimums for local hiring percentage goals to use local suppliers encouraging the construction of new facilities techniques and establish job training. Community workforce agreements CWAs are a specific type of PLA that incorporate the labor standards pre-hire provisions no strike no lockout clauses and alternative dispute resolution procedures found in most PLAs and also include provisions that address other broader community specific goals. In addition to traditional labor standards described above CWAs or PLAs containing community workforce provisions also often focus on equitable workforce development and building new career ladders into the building trades. v. Vendor Contractor Accountability. States and locals tasked with awarding BIL competitive grant funding should adopt rigorous screening methods quality metrics and accountability measures to vet prospective vendors and grantees. Responsible bidder programs are commonly used by states and require companies to prequalify before bidding on public projects. In 10 addition to the standard review of company integrity financials and experience stakeholders should also consider a review of for example safety records compliance with wage laws certified payroll records and RAP agreements to verify a company s use of high road workforce practices. Finally there is an additional benefit to also asking bidders to disclose minimum wages that are to be paid of all categories of workers. Wage and Equity Standards. All stakeholders involved in the development and execution of infrastructure projects can and should uphold high standards where BIL funds are expended including by supporting the staff and resources necessary to carry out enforcement of these standards. Establishing and maintaining robust worker protections is essential as is adequately funded oversight and enforcement to maintain these fundamental rights. Notably workplace violations and poverty wages not only disadvantage and exploit workers but also externalize actual project costs e.g. fair family sustaining wages onto the social safety net. States and locals have many options like requiring bidders to submit hiring plans for local and underrepresented workers in advance of the project start to establish wage and equity standards as well as mitigate future noncompliance. c. Determine Funding Sources That Can Be Leveraged for Workforce Development Needed to Support Infrastructure Projects Numerous recurring and non-recurring funding opportunities can be leveraged to multiply the opportunity presented by and impact of BIL investments as they apply to workforce development. Where possible and in the process of planning for infrastructure projects workforce system partners should talk with stakeholders about what kinds of funding might be available to support workforce development. In partnering with regional state and local public workforce system partners infrastructure project leads may have the opportunity to braid BIL funding with federal Departments formula funding and discretionary grant programs. To help communities access grant opportunities and information about funding and projects to date visit build.gov. i. Department of Labor Formula Funds. The Employment and Training Administration administers core and discretionary programs authorized by WIOA. It also authorizes programs for specific underserved populations including the Job Corps YouthBuild Indian and Native American Program the Reentry Employment Opportunities REO program and Migrant and Seasonal Farmworker programs. These programs provide career and training services to millions of job seekers through services like job search assistance workforce preparation and career development services. In addition to serving individual job seekers these programs help businesses find the skilled workers they need by referring qualified job seekers filling job orders and through tailored work-based learning strategies. These services are available to workers and businesses through a national network 11 of over 2 000 American Job Centers. This network and the broader workforce system present ample opportunities for infrastructure project owners and other workforce system partners to collaborate and align strategies and funding to develop the infrastructure talent pipeline. ii. Department of Labor Competitive and Discretionary Investments. For more information about grant funding see www.dol.gov grants. 1 Apprenticeship Investments. The Department s Registered Apprenticeship investments support ongoing efforts to expand and modernize Registered Apprenticeship by expanding the number of programs and apprentices diversifying the industries that utilize RA and increasing access to and completion of apprenticeships for underrepresented populations and underserved communities. This includes a Industry Intermediary Contracts b State Apprenticeship grants and Apprenticeship Building America Grants c Registered Apprenticeship Technical Assistance Centers of Excellence Information on these investments their areas of focus services to provide past and current grantees and potential partners and more are available on apprenticeship.gov. 2 Growth Opportunities GO Grants. The Reentry Young Adult GO grant initiative supports the placement of youth and young adults 18-24 years in-and-out of school with justice system involvement into paid work experiences aligned with their career and educational goals and provides funding for services such as mentorship legal assistance and transportation that will support participation and success. These grants aim to help youth avoid violence and build conflict resolution skills introduce and prepare youth for the world of work help youth identify career interests and attain skills and good work habits and provide income to youth to start them on the path of earning living wages. 3 Reentry Employment Opportunities Program. REO is authorized under WIOA to assist the reentry population enter the workforce through allotments to national and regional intermediaries for activities that prepare justice-involved and out-of-school youth and young adults for employment with a priority for projects serving high-crime high poverty communities. 4 Strengthening Community Colleges Training SCCT Grants. SCCT builds the capacity and responsiveness of community colleges to close equity gaps in addressing skill development needs of employers and workers. Funded projects focus on accelerated 12 learning strategies that support skill development rapid reskilling and employment through targeted industry sectors and career pathway approaches address equity gaps to increase access to postsecondary education and advance partnerships with Minority- Serving Institutions like Historically Black Colleges and Universities and Tribal Colleges and Universities. 5 Women in Apprenticeship and Nontraditional Occupations WANTO Grant Program. The WANTO program provides technical assistance to employers and labor unions to encourage employment of women in apprenticeable and nontraditional occupations. Historically in addition to providing job skills training for women through pre-apprenticeship programs WANTO grantees have also provided ongoing trainings for employers and unions on creating a more supportive environment and culture for women to succeed in these careers. Lastly WANTO grantees have set up support groups facilitated networks and provided supportive services for women to improve their retention in both pre- apprenticeships and Registered Apprenticeships. Pre- apprenticeships funded by WANTO grants are considered quality programs with a particular focus on outreach recruitment and retention of underrepresented communities. 6 Workforce Opportunity for Rural Communities WORC Initiative. WORC aims to help rural communities create and promote new sustainable job opportunities in competitive industries particularly in regions that have suffered significant job losses in the energy extraction industry. WORC also aims to create economic mobility address historic inequities for underserved and underrepresented communities and produce high-quality employment for rural workers. 7 YouthBuild. The YouthBuild program is a community-based alternative education program for youth between the ages of 16 and 24 who left high school before completion adjudicated youth youth in and aging out of foster care youth with disabilities and other disadvantaged youth populations. YouthBuild simultaneously addresses several core issues important to low-income communities such as affordable housing education employment and leadership development. YouthBuild programs must provide construction training and work on low-income housing in their communities and they may also offer additional in-demand industry training Construction Plus to align with local in-demand occupations and provide more placement opportunities for youth who choose not to pursue construction careers. 13 8 Building Pathways to Infrastructure Jobs H-1B Grant Program. This program aims to fund public-private partnerships to develop strengthen and scale promising and evidence-based training models in H-1B industries and occupations critical to meeting the goals of the Bipartisan Infrastructure Law and to maximize the impact of these investments. The U.S. needs a proficient workforce to fill the good-paying jobs created by this historic investment and this grant program will train job seekers in advanced manufacturing information technology and professional scientific and technical services occupations that support renewable energy transportation and broadband infrastructure sectors. The DOL Building Pathways to Infrastructure Jobs Grant Program represents a down payment for the future skilled workforce needs that are being developed through BIL investments by investing in the development and expansion of the workforce partnerships that will be needed to build equitable pathways to good infrastructure jobs. iii. Department of Transportation Formula Funds. The Bipartisan Infrastructure Law s expansion of allowable use for transportation programs for example presents a particular opportunity for state and local workforce development boards. The BIL allows states to obligate funds from four programs authorized by the Fixing America s Surface Transportation Act FAST Act toward workforce development activities. Crucially Section 13007 Workforce Development Training and Education in the Bipartisan Infrastructure Law gives states the added flexibility to fund workforce development projects like apprenticeship and vocational schools. States can choose to dedicate funds for workforce development and at what level BIL s new flexibility has no maximum nor minimum expenditure level. Additionally workforce activities are eligible for 100 federal share while most other formula program activities are only eligible for 80 federal share. Allowable uses now include support for pre-apprenticeships and apprenticeship programs as well as career opportunities for on-the-job training. It also expands the allowable uses of these funds to allow for engagement with workforce development boards and for activities around addressing workforce gaps and developing the surface transportation workforce. In addition to transportation infrastructure the public workforce system and its stakeholders should look at the strategic opportunities for preparing an infrastructure workforce skilled in clean water broadband clean energy mine reclamation climate the care economy and others. For additional details regarding these opportunities please see Attachment I. iv. Department of Transportation Competitive Funds. Project owners can apply for federal funding for their highway transit rail or port projects. For many of these competitive grants workforce development that supports jobs 14 on the project is an eligible expense meaning that project owners could write workforce budgets into their application to the U.S. Department of Transportation. As written in these FAQ for RAISE grants funding can be used for the costs of short-term training and to support staff that are helping to find workers for the project. For the full list of RAISE 2022 grantees and project descriptions click here. In addition some DOT grant programs specifically allow for workforce projects or have dedicated funding for workforce development. 1 Consolidated Rail Infrastructure and Safety Improvements CRISI Program. The CRISI program funds projects that improve the safety efficiency and reliability of intercity passenger and freight rail and can be used to directly support workforce development for the rail industry. 2 The Port Infrastructure Development Program PIDP . PIDP funds projects that improve the safety efficiency including electrification and reliability of port infrastructure which includes workforce development and retraining of port workers as allowable uses of funding. 3 Low-No Program. The Low-No Program provides funding to state and local governmental authorities transitioning to zero-emission bus fleets and also provides a 5 set-aside for workforce development needed to train new and upskill current workers on new vehicles. The FY22 FTA Bus and Low- and No-Emission Grant Awards provided 1.66 billion in grants to transit agencies territories and states across the country to invest in bus fleets facilities and workers. For a full list of project awards click here. Finally community and local-level involvement at the forefront of infrastructure project planning is paramount. The direct knowledge of a community s needs vulnerabilities gaps resources and talent represented by workers and employers together at the table is critical to the successful implementation of BIL projects including ensuring that such projects reach those who have for too long been left behind. By building out a strong national network of place-based partnerships we can ensure that federal funding is tied to meaningful outcomes for instance successful infrastructure projects and inclusive broad-based economic security through good union jobs for members of communities who need them the most. Workforce Development Strategies Proven Programs. The public workforce system and key stakeholders should align infrastructure projects and funding with proven workforce development practices so that training and services link workers and communities to high-quality jobs. State and local agencies should leverage new funding flexibilities to invest in infrastructure training programs targeted to underrepresented workers including pre-apprenticeship programs with an emphasis on 15 covering supportive services and living expenses while supporting equitable training access retention and completion. The Department encourages employers to hire apprentices in RAPs infrastructure project leaders and funders to sign project labor agreements and encourages workforce programs to collaboratively fund the classroom training and any supportive services to help participants finish their pre-apprenticeship programs. To promote transparency and institutionalize these infrastructure workforce strategies stakeholders should document and disseminate best practices and profiles of success in national State and local efforts that are addressing barriers to access to and retention and progression in high-quality jobs in infrastructure. a. Quality Pre-Apprenticeship A pre-apprenticeship program 2 is defined as a set of strategies designed to prepare individuals for entry into a RAP. Pre-apprenticeship programs differ from internships job shadowing externships and co-ops which may also offer individuals an opportunity to experience firsthand a profession or practice but do not always engage in practical and applied experiential learning. The following are the basic elements of a quality pre-apprenticeship program i. Designed in Collaboration with RAP Sponsors. Quality pre-apprenticeship programs are designed by organizations with input from a RAP sponsor. A pre-apprenticeship program s educational and pre-vocational services prepare individuals to meet the entry requisites of one or more RAPs. They have training goals to teach participants a defined set of skills required and agreed upon by the RAP sponsor for entry into their programs. The start date and length of specific pre-apprenticeship programs may vary. Ideally pre-apprenticeship programs provide an industry-recognized credential and possibly stipends or wages. ii. Meaningful Hands-on Training that Does Not Displace Paid Employees. Quality pre-apprenticeship programs provide hands-on training to individuals in 1 a workplace 2 simulated lab experience or 3 work-based learning environment and also do not supplant a paid employee while accurately simulating the industry and occupational conditions of the partnering RAPs which includes observing proper supervision and safety protocols. 2 As noted in 20 CFR part 681.480 a pre-apprenticeship is a program designed to prepare individuals to enter and succeed in an apprenticeship program registered under the Act of August 16 1937 commonly known as the National Apprenticeship Act 50 Stat. 664 chapter 663 29 U.S.C. 50 et seq. referred to in this part as a registered apprenticeship or registered apprenticeship program and includes the following elements Training and curriculum that aligns with the skill needs of employers in the economy of the State or region involved Access to educational and career counseling and other supportive services directly or indirectly Hands-on meaningful learning activities that are connected to education and training activities such as exploring career options and understanding how the skills acquired through the coursework can be applied toward a future career Opportunities to attain at least one industry-recognized credential and a partnership with one or more registered apprenticeship programs that assists in placing individuals who complete the pre-apprenticeship program in a registered apprenticeship program. 16 iii. Facilitated Entry and or Articulation. The purpose of a pre-apprenticeship program is to train individuals for entry into a RAP. A quality pre- apprenticeship program assists in exposing participants to local state and national apprenticeship programs and provides direct assistance to participants applying to those programs. Whenever possible formalized agreements exist with RAPs that enable individuals who have successfully completed the pre-apprenticeship program to enter directly into a RAP. These may also include articulation agreements that allow the individual to earn advanced credit placement for skills and competencies already acquired. iv. Sustainability Through Partnerships. To support the ongoing sustainability of a quality pre-apprenticeship partnership such partnerships collaboratively promote the use of RAPs as a preferred means for industry to develop a skilled workforce and to create career opportunities and pathways leading to RAP enrollment for individuals. v. Access to Appropriate Supportive Services. Quality pre-apprenticeship programs facilitate access to appropriate financial and non-financial supportive services during the program these supportive services may continue after the participant leaves the pre-apprenticeship program and enters a RAP. Services may include counseling transportation assistance childcare and rehabilitative services among others. In addition strategies that increase pre-apprenticeship and RA opportunities for underrepresented or underserved populations facing significant barriers to employment both in the general and in the apprenticeship labor force should be considered. Some examples include Strong recruitment strategies focused on outreach to one or more populations underrepresented in local state and national RAPs and Educational and pre-vocational services as well as design of instruction and training that reach underrepresented populations to assist them in overcoming barriers for entering and succeeding in RAPs. These include career and industry awareness workshops job readiness courses English for speakers of other languages foundational skills instruction and Adult Basic Education financial literacy seminars and math tutoring. 3 3 Additionally pre-apprenticeship expansion efforts include but are not limited to the following Growing the pre- apprenticeship model into in-demand industries and occupations including and within clean energy construction technology cybersecurity manufacturing and transportation and other occupations and industries in the critical supply chain Expanding on the use of the pre-apprenticeship model in the WIOA and other workforce or education programs that can lead to RAP and other career pathways that lead to RAP enrollment Increasing support of pre- apprenticeship stakeholders and customers in their diversity equity inclusion and accessibility efforts by actively working to support EEO efforts and the recruitment of underrepresented populations and underserved communities. These efforts can also include extending pre-apprenticeship for new populations and into new communities including rural and urban neighborhoods and Building on existing pre-apprenticeship efforts already in place to maximize the use of resources and minimize the duplication of efforts ultimately ensuring the core customers of the apprenticeship system are served efficiently. 17 b. Registered Apprenticeship Registered Apprenticeship is an industry-driven high- quality career pathway validated by the U.S. Department of Labor where employers can develop and prepare their future workforce and individuals can obtain paid work experience classroom instruction and a portable nationally-recognized credential. 4 RAPs have a proven track record of producing strong results for both employers and workers. RAPs offer access to hundreds of occupations in high-growth and emerging industries. As such workforce system partners should support the development and expansion of RAPs and pre-apprenticeship in infrastructure and transportation occupations with incentives and accountability for program uptake and serving underrepresented populations. Strategies such as mapping RAPs in the applicable local areas for in-demand occupations can provide valuable information regarding opportunities for new program development and existing programs as well as support pathways into RAPs through pre-apprenticeship that advance equity goals. Workforce system entities can also play a critical role in expanding RAPs to address infrastructure workforce gaps by serving as industry intermediaries apprenticeship hubs or even as the sponsor of Registered Apprenticeship programs. RAPs are a proven model of job preparation registered by DOL or a DOL- recognized State Apprenticeship Agency SAA which employ workers and combine paid On-the-Job Learning also referred to as On-the-Job Training with Related Instruction to progressively increase workers skill levels and wages. RAPs are also a business-driven model that provide an effective way for employers to recruit train and retain highly skilled workers. RAPs allow workforce partners educators and employers to develop and apply industry standards to training programs thereby increasing the quality of the workforce and workforce productivity. RAPs offer job seekers immediate employment opportunities that pay sustainable wages and offer advancement along a career path as they complete their training. Moreover establishing and enhancing RAPs in the continually expanding infrastructure and clean energy sectors offers the opportunity to increase the labor participation of nontraditional or underserved groups including women people of color people with disabilities and veterans. RAPs combine an educational or instructional component with a paid work-based learning component. 5 Upon successful completion of all phases of work-based learning and related-instruction components Registered Apprentice completers 4 RA and RAPs are authorized under the National Apprenticeship Act of 1937 29 U.S.C. 50 et seq. and implementing regulations located at 29 CFR Part 29 Subpart A and 29 CFR Part 30. The Department s Office of Apprenticeship OA in conjunction with State Apprenticeship Agencies registers programs for federal purposes ensures that RAPs meet applicable federal and state laws and regulations covering RAPs issues certificates of completion to apprentices encourages the development of new programs through outreach and technical assistance protects the safety and welfare of apprentices and ensures equal employment opportunity for apprentices. 5 RAPs are registered through the DOL s Office of Apprenticeship or a DOL recognized SAA. Each RAP with approval of the Registration Agency sets its own apprentice to journeyworker guidelines for supervision within the parameters of 29 CFR 29.5 b 7 . 18 receive industry-recognized certificates of completion leading to long-term career opportunities. In addition to a commitment to equal opportunity and inclusion new programs must conform with federal and state laws and regulations covering RAPs and include the following key elements direct business involvement structured on- the-job learning training Related Instruction or RI progressive wage increase and a national industry recognized credential. c. Industry Sector Partnerships and Sector Strategies Utilizing sector strategies is one of the most effective approaches to align public and private resources to address the talent needs of employers. Sector strategies establish partnerships of multiple employers within a critical industry that brings together education economic development workforce systems and community organizations to identify and collaboratively meet the workforce needs of that industry within a regional labor market. As part of sector-based workforce investments the public workforce system and key stakeholders should promote best practices that create and expand training programs to support long-term careers in the infrastructure sector. Career pathways are often developed within an industry sector and developed as part of a larger sector strategy. Career pathways systems offer an effective approach to the development of a skilled infrastructure workforce. Through better alignment of education training and employment services among public agencies career pathway systems hold the promise of increasing the number of workers in the U.S. who gain the industry-recognized and academic credentials they need to work in the most in-demand occupations in infrastructure. d. Labor-Management Partnerships These strategies describe partnerships between labor e.g. employee representation usually through a union and management or the employer where the two entities collaboratively develop education and training programs that both meet the employer s need for a skilled talent pipeline and meet employees needs for good jobs at quality wages with opportunities for skills development and career advancement along a pathway. e. Project Labor Agreements PLAs are collective bargaining agreements between building trade unions and contractors which govern the terms and conditions of employment for a given construction project and can play a unique role in local workforce development as discussed in Section 4 b iii. PLAs assure a supply of skilled workers and provide for projects to be completed without labor disputes and any related delays . In addition PLAs can promote workforce development by including local hire and disadvantaged worker provisions along with apprenticeship utilization requirements. And by working with local building trades councils labor unions contractors and the impacted communities early in the process PLAs can be designed to meet the unique workforce development needs of any community. f. Supportive Services Other proven practices include providing support services and reviewing lessons learned from infrastructure-related pilot programs. Equity- focused support services are essential to enabling individuals to access and to 19 complete training programs. For additional information on support services see Training and Employment Notice TEN No. 12-21 Practitioners Guide to Supportive Services. i. Basic needs and Cash assistance. For many workers particularly people with low incomes and or little savings or assets participating in education and job training is a costly opportunity. Many training programs are full- time which means people cannot both participate in training and maintain outside work for pay. A sudden loss of income like losing shifts or your job due to new time constraints can financially destabilize a person and others in the household if they are the primary earner. Employers training providers should provide or at least connect participants to basic needs assistance to mitigate financial instability and enable them to persist in and complete training programs. Assistance can take the form of direct cash assistance fresh groceries or grocery gift cards and connection to and navigation through the local safety net program application processes. Beyond this step and to better enable workers of all income levels to enroll and participate in workforce training and benefit from the economic mobility completing a program can provide employers training providers should pay worker-learners for all time spent in a training program. ii. Transportation assistance. Accessible reliable transportation ensures all workers are able to arrive to their worksite on-time every day. Yet many workers lack reliable transportation whether due to costly car maintenance or limited inaccessible public transportation. A costly car repair could easily prevent someone from attending a training program. Because of this a best practice for training providers is to provide transportation assistance to education and training participants whether through gas cards emergency funds that participants can access to cover sudden costs or by directly providing transportation for participants to and from the worksite. iii. Childcare assistance. Many parents of young children simply cannot participate in education and job training without consistent reliable and affordable child care. Subsidies are limited wait lists are long and many childcare providers do not provide care at non-standard before 9am or after 5pm hours so employers or partners looking to engage parents of young children in workforce training should consider how to support this need either through direct funding vouchers connecting with community providers through partnership or establishing an on-site child care option available to training participants and workers. Programs such as the previously pilot Highway Construction Workforce Partnership HCWP brought together the highway industry and the workforce development community to identify train and place individuals into transportation 20 careers. The HCWP demonstrates the importance of first focusing on the needs of a local area as opposed to working off of national trends and second early and continued engagement with multiple partners e.g. highway construction industry trade groups state Departments of Transportation tribal agencies state and local workforce development boards other state city and local government agencies and local community groups at the outset of a project to define goals coalesce resources and align strategy. For additional information on the HCWP and associated toolkit for implementation see Attachment I. An Economy for All Workers. A critical priority for the President in this investment in American infrastructure is to create good-paying jobs with high labor standards that offer workers prevailing wages and the free and fair choice to organize a union and collectively bargain. These are jobs that community members especially those who have historically been underserved and excluded from economic opportunity can and should fill. Equity and job quality are at the core of this framework for ensuring a skilled infrastructure workforce and essential in the workforce system s ability to attract and retain the necessary diverse skilled workforce. Advancing equity and job quality in an infrastructure workforce means developing education training and career service strategies in partnership with both workers and employers that better address and promote equity in recruitment service design implementation and support services and prevents displacement of the incumbent workforce. As a result workforce strategies can better provide both equitable access and equitable outcomes for all including underserved communities seeking access to infrastructure employment and training opportunities. a. Good Jobs Principles Good jobs are the foundation of an equitable economy that lifts up workers and families and makes businesses more competitive globally. They allow everyone to share in prosperity and support local communities and the entire U.S. economy. Workers know the value of a good job that provides stability and security for them and their families. All work is important and deserving of dignity. Many companies recognize that providing good quality jobs that make them an employer of choice creates a clear competitive advantage when it comes to recruitment retention and execution of a company s mission. The Departments of Labor and Commerce partnered to identify key elements of a good job. These eight principles create a framework for workers businesses labor unions advocates researchers state and local governments and federal agencies for a shared vision of job quality. i. Recruitment and Hiring. Qualified applicants are actively recruited especially those from underserved communities. Applicants are free from discrimination including unequal treatment or application of selection criteria that are unrelated to job performance. Applicants are evaluated with relevant skills-based requirements. Unnecessary educational credentials and experience requirements are minimized. 21 ii. Benefits. Full-time and part-time workers are provided family-sustaining benefits that promote economic security and mobility. These include health insurance a retirement plan workers compensation benefits work-family benefits such as paid leave and caregiving supports and others that may arise from engagement with workers. Workers are empowered and encouraged to use these benefits. iii. Diversity Equity Inclusion and Accessibility. All workers have equal opportunity. Workers are respected empowered and treated fairly. DEIA is a core value and practiced norm in the workplace. Individuals from underserved communities do not face systemic barriers in the workplace. Underserved communities are persons adversely affected by persistent poverty discrimination or inequality including Black Indigenous people of color LGBTQ individuals women immigrants veterans individuals with disabilities individuals in rural communities individuals without a college degree individuals with or recovering from substance use disorder and justice-involved individuals. iv. Empowerment and Representation. Workers can form and join unions. Workers can engage in protected concerted activity without fear of retaliation. Workers contribute to decisions about their work how it is performed and organizational direction. v. Job Security and Working Conditions. Workers have a safe healthy and accessible workplace built on input from workers and their representatives. Workers have job security without arbitrary or discriminatory discipline or dismissal. They have adequate hours and predictable schedules. The use of electronic monitoring data and algorithms is transparent equitable and carefully deployed with input from workers. Workers are free from harassment discrimination and retaliation at work. Workers are properly classified under applicable laws. Temporary or contractor labor solutions are minimized. vi. Organizational Culture. All workers belong are valued contribute meaningfully to the organization and are engaged and respected especially by leadership. vii. Pay. All workers are paid a stable and predictable living wage before overtime tips and commissions. Workers pay is fair transparent and equitable. Workers wages increase with increased skills and experience. viii. Skills and Career Advancement. Workers have equitable opportunities and tools to progress to future good jobs within their organizations or outside them. Workers have transparent promotion or advancement opportunities. 22 Workers have access to quality employer- or labor-management-provided training and education. In working towards these strategies workforce system partners can identify which jobs provide livable wages of at least 15 an hour employment benefits work environments free of discrimination and opportunities for advancement while examining which population groups experience inequities in access to and participation in workforce preparation programs that lead to these high-quality jobs. Based on this information workforce system partners can then adapt policies and practices to provide real opportunities for those underserved communities to enter good-paying careers and help to ensure that people can afford to fully take advantage of improved transit access to broadband clean energy better roads and other infrastructure upgrades in their communities. An expansion of good jobs will grow the economy sustainably and equitably so that everyone advances. As part of a coordinated effort to improve job quality nationwide the Department of Labor announced the Good Jobs Initiative in January 2022. The Good Jobs Initiative GJI focuses on providing workers with easily accessible information about their rights including the right to form a union and bargain collectively engaging employer stakeholders as partners to improve job quality and workforce pathways to good jobs supporting partnerships across federal agencies and providing technical assistance on grants contracts and other investments intended to improve job quality. For more information on GJI or requests for technical assistance contact GoodJobsInitiative dol.gov or visit goodjobs.gov. b. Engaging Underserved Populations in High-Quality Training and Workforce Pathways America s future growth and prosperity depend in part on ensuring that all workers especially those from underserved communities including but not limited to BIPOC LGBTQ individuals women immigrants veterans youth and young adults individuals with disabilities individuals at or below the poverty line individuals in rural communities individuals without a college degree individuals with or recovering from substance use disorder individuals with limited English proficiency individuals without a high school credential equivalency and justice-involved youth and adults have multiple pathways to high-quality good- paying jobs that can support a middle-class life. The economy must work for all workers. The BIL presents ample opportunity and resources to begin to intentionally address entrenched inequities in our education and workforce systems and build equitable pathways to economic opportunity for workers their families and entire communities. Notably underserved people and communities have diverse needs which are best understood and addressed through place-based partnerships as discussed above in Section 3. Building upon that foundation best practices and strategies to improve DEIA and job quality in infrastructure workforce development projects include 23 Communicating a dedication toward promoting DEIA by developing relationships with recruitment sources that will create a pipeline of diverse talent. Investing in short-term bridge programs like pre-apprenticeship that foster job readiness and allow workers to build their skills and familiarity with work in a particular sector before enrolling in a job training or apprenticeship program. Expanding access to and participation in apprenticeship programs for nontraditional apprenticeship populations and underserved communities like women people of color and people with disabilities as discussed in this webinar. Integrating education and training for workers with limited education helping to contextualize academic concepts into their real-world on-the-job applications for ease of uptake and mastery. Compensating worker-learners for their time spent in training to better enable people with low incomes and people with family care responsibilities to fully participate in training without compromising their economic security. Funding support services that enable people with barriers to work to fully participate in required education and training that leads to paid work. Such supportive services might include linkages to community services assistance with transportation assistance with child care and dependent care assistance with housing assistance with educational testing books fees certifications etc. reasonable accommodations for individuals with disabilities above and beyond those that are legally required legal aid services referrals to health care needs-related payments that allow individuals to participate in training and assistance with appropriate work attire and work-related tools including such items as eyeglasses and protective eye gear. Conducting organizational DEIA self-analysis such as evaluating applicant flow data and workforce demographic data to help identify any potentially discriminatory barriers that may exist. Eliminating pre-employment screening questions about past convictions which preemptively limit the employment opportunities for justice-impacted youth and adults as discussed here. Properly classifying workers as employees. Paying all workers at or above prevailing wages. Ensuring that workers are aware of their employment rights. Distributing workplace rights notices to workers in addition to the legally required notice posting. Developing workplace safety and health management systems. Promoting and upholding workers free and fair choice to join a union. 24 Leveraged Resources. There are myriad public and private financial and in-kind training and support resources that the workforce system can weave or braid together to fully meet the needs of individuals seeking infrastructure-related workforce services. Leveraged resources can come from a variety of sources including but not limited to businesses industry associations labor organizations community-based organizations education and training providers and or federal state and local government programs. Workforce system entities should consider ways to continue to leverage the American Rescue Plan Act s Coronavirus State and Local Fiscal Recovery Funds SLFRF program to build and improve capacity of educational programming. As described in this fact sheet Ramsey County Minnesota and Erie County New York leveraged SLFRF to support child care assistance and remove barriers to participation for workers pursuing education and training programs. Leverage existing workforce funding from WIOA to offer supportive services to help individuals access and stay in training. At a minimum the workforce system should be aware of other federally funded infrastructure resources from across government. Attachment I provides a wealth of resources regarding BIL other federal infrastructure investment opportunities and workforce development resources. 5. Inquiries. Please direct inquiries to the appropriate ETA regional office. 6. Reference. See Attachment I for a list of all references used in this document and other helpful resources. 7. Attachment s . Attachment I References and Resources List