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This waiver allows the local boards to encourage and expand the hiring of unemployed <br />adult and dislocated workers who lack some of the skills needed to meet an employer's <br />needs. <br />This waiver applies to both WIA and ARRA formula funds. <br />Use of Rapid Response Funds to Conduct Incumbent Worker Training Activities <br />The DOL granted California a waiver of WIA Section 134(a)(1)(A) to permit a portion of <br />Rapid Response (RR) funds to be used for IWT activities. This waiver is granted <br />through June 30, 2011. Under this waiver, local boards may use up to 20 percent of RR <br />funds for IWT only as part of a lay -off aversion strategy. All training delivered under this <br />waiver is restricted to skill attainment activities. This waiver applies to funds made <br />available through the WIA only. <br />In addition to the guidance provided in TEGL 26 -09, "WIA Waiver Policy and Waiver <br />Decisions for PY 2009 and 2010," Section 7A and TEGL 30 -09, "Layoff Aversion <br />Definition and the Appropriate Use of WIA Funds for Incumbent Worker Training for <br />Layoff Aversion Using a Waiver," local areas may use the following general guidelines <br />and suggestions to document their determination that the provision of IWT was <br />appropriate. <br />This waiver does not apply to ARRA funds. <br />Identification of Employers with the Potential for Lay -offs: <br />• Referral or contact from local city or county economic development agencies, <br />chambers of commerce, labor organizations, small business development agencies, <br />or other entities. <br />• Through connection with employers in a proactive and regular manner to identify <br />their business needs. <br />• Through strong relationships with business management and labor representatives <br />to encourage businesses to approach local areas before lay -offs. <br />• Use commercial business credit information such as Dun and Bradstreet. <br />• Identification of rapidly transitioning industries using the EDD Labor Market <br />Information Division (LMID) reports, regional industry sector studies, academic <br />studies, or other credible data information sources. <br />Identification of Workers in need of Training: <br />Use the Worker Adjustment and Retraining Notification Act as a way to identify not <br />only workers currently in need of assistance, but to also identify workers who may <br />need training in a struggling business in the future. <br />Through regional and local collaborative efforts among local areas, employers, <br />industry organizations, education and training institutions, labor organizations, <br />community advocates, academic institutions, and other partners focused on <br />addressing the workforce challenges of rapidly transitioning industries. <br />Page 6 of 7 68 <br />