OSOS
Q1.	The required Employment Plan found on the NYSDOL web page appears to collect the information (Activities, paricipation dates, training waiver issue dates and outcomes) that would be needed to keep a customers TAA benefits intact. Since this form is being submitted via the web will this information be downloaded into OSOS or will additional data entry into OSOS be necessary?
A.	Processes are being developed that will allow local area staff to communicate with the Department regarding the status and activities of trade affected workers via a database on a shared server. It is anticipated that the Employment Plan will not be connected electronically to the OSOS. However, the Department is working to eliminate instances of duplicate data entry and does not believe there will be much duplication. It is expected that a combination of the OSOS and this database will allow for necessary tracking and ensure benefit payment. The entry of information in OSOS regarding the services provided to trade affected workers i s necessary for federal reporting.
Q2.	What security permissions are needed in order to input the necessary data into OSOS re TAA?
A.	Data entry for Trade Act purposes is substantially similar to that for WIA Dislocated Worker program services. The same security permissions will be needed. Technical Advisory 02-4 titled New OSOS Security Permissions and Security Request Procedures issued May 3, 2002 details the security permission and includes the form to request access to OSOS. Specifically the permissions required are: Professional Comprehensive Assessment- General Services Terminate WIA/Follow-Up For those areas that do not have OSOS confidentiality agreements established you are instructed to read TA 00-41.1 and take necessary action..
Q3.	Who will be responsible for providing the training for the WIA enrollment piece if necessary & Comprehensive Assessment?
A.	Attachment F to the Technical Advisory 04-6 details the steps necessary to ensure that a TAA customer is dual enrolled in TAA and WIA. This manual is a comprehensive step-by-step guide with visual aids that details the specific processes required to document enrollment..
Q4.	Since DoES will be responsible for some follow up and access to the IEP it would seem that additional staff should be given the appropriate security permissions?
A.	See answer to number 5 above..
Q5.	The individual counselor/WIA representative needs access to the Comprehensive Assessment Module of OSOS, at the present time only Veteran staff on Long Island have access to this module. All three LWIAs will only have a small number of Counselors working with TAA eligible so we can limit this access to the appropriate One Stop staff. What additional staff should be given Comprehensive Assessment General - Security Permission?... Employment Counselors?... Supervising Labor Service Representatives? - in order to share/access customer status, progress...re - U.I. eligibility/TAA
A.	The revised local plan must articulate the overall schematic of service provision including partner responsibilities for the provision of service. These identified partner roles will drive what staff is given security permission for each area of OSOS..
Q6.	If the TAA customer is not dual enrolled in OSOS, does that eliminate access to certain screens within the OSOS system thereby eliminating the collection of data elements that need to be reported in the TAPR? ....or will these data elements be captured through the LWIA reporting system?
A.	The TA 04-6 requires that OSOS will be the reporting system that must be used to capture TAA participant information..
Staff Training
Q1.	The TAA staffing and procedure has experienced a major change lately. Will the new regional reps have some type of training? I am concerned we might inadvertently get the wrong advice and not know it – potentially hurting the customer. (4/14/05)
A.	Staff capacity building should be seen as an ongoing process – dramatic changes in personnel could necessitate the need for additional training at a future date. Any major changes in program procedure or policy will be issued with sufficient guidance so that staff can take action.
Q2.	What are the plans regarding delivery of official training to the WIA partners?
A.	Several sessions have been offered to lay the foundation for the transition of Trade Act services from a state, centralized service delivery model to a locally focused service delivery model integrated with the WIA Dislocated Worker program. Trade Act overview training has already been offered and will not be a part of any subsequent training. The Trade Act section of the Workforce New York website will post a form by which training can be requested by the local WIB Director. Training requests will require that all local policies have been enacted and become operational and that the revisions to the local plan have been submitted to the Department. The request for training must stipulate the type of training being sought and anticipated participants.
System
Q1.	How will we be notified of changes in procedures for TAA/TRA? (4/15/05)
A.	The Trade Act page on workforcenewyork.org will continually post changes in procedure. Dates have been added to the Q and A so it is easier to identify the newest questions and answers.
Q2.	Since DOL has been doing UI/TAA employer presentations in the past, what is the presentation plan for the future? (4/15/05)
A.	This should be determined locally.
Q3.	How can I know if a customer needs to seek unemployment advice, when I don’t know what I don’t know? (4/15/05)
A.	Each UI claimant is given a UI handbook – which explains the program. The majority of the people collecting UI do so without complication. The responsibility for an individuals UI claim should remain with the individual. Questions regarding TRA can be directed to the Special Programs Unit.
Q4.	How is initial eligibility determined? How will local office know if a customer is eligible for TAA/TRA benefits? (11/16/04)
A.	A certified petition establishes eligibility for individual affected workers to apply for adjustment assistance. Upon receipt of a Trade Act Certification, the NYS Department of Labor provides written notice to each worker believed covered under the certification. The written notice includes an application for the determination of entitlement to TAA/TRA. In addition, a notice of the certification must be published in a newspaper of general circulation in the area where workers believed to be covered by the certification reside. Based upon employment information provided by the employer, a determination is made of whether the individual meets the statutory definition of “adversely affected worker”. . All applicants are notified either way of their entitlement via a document titled Determination of Entitlement to Trade Adjustment Assistance ( TA 722 ) which they are instructed to bring with them to the One-Stop Center when they seek services.
Q5.	Clarification is needed on the transitioning of TAA cases from DOL. The local DOL staff is in agreement that they will follow up with those who are enrolled in TAA and attending training. They have TAA participants who are not attending training at this time but who they have been seeing. They are preparing to transfer these cases to the WIA counselors July 1. Even though these people are not currently attending training wouldn't they continue to follow them?
A.	As stated in the response for question 1 in this section, local areas must articulate the overall schematic of service provision including partner responsibilities for the provision of service. In addition, it is expected that this schematic will address issues related to the transition of TAA, including those related to individual TAA clients, as a stand-alone program to being fully integrated with the WIA Dislocated Worker program. When local areas examine service provision during this initial time of integration and transition and beyond it must be determined how best to serve dislocated workers with available resources. The local area partners must determine, using the customer flow to drive decision making, how staff will be used to provide service. It is important, especially during the early stages of integration that customers are afforded quality service without interruption. It is believed that the local area partners know best how to deliver these services based on unique customer need, volume and staff levels.
Q6.	Will the Department dictate the type of staff to be used to provide services to trade affected workers?
A.	No. It is expected that the planned customer flow and the need of the customer will dictate the staff needed to serve the trade-affected worker. As all Trade Act-eligible individuals are first and foremost dislocated workers, it is anticipated that staff providing services to dislocated workers would be involved in the design and delivery of services to Trade-eligible workers. Additionally, as all Trade Act-eligible individuals are entitled to receive core services, and it is anticipated that many will be seeking employment as their first option, it is critical that all one-stop center direct service staff be engaged in the planning of how best to deliver services to this subset of the dislocated worker pool. The goal of the integration of service delivery is not to create a new category of staff who specializes in Trade Act rules and regulations, but to align existing one-stop center partner program employment and training services to meet these needs.
Q7.	What is an entitlement program without funding?
A.	The TAA program is considered a "capped entitlement" program; individuals are entitled to training based on funding availability. Because TAA training funds are limited, it underscores the need to integrate the TAA program with the other programs in the local workforce system. The USDOL Employment and Training Administration has provided each state with a planning estimate for 2004. TEGL 6-03 titled "Fiscal Year (FY) 2004 State Planning Estimates and Process for Requesting Additional Trade Adjustment Assistance (TAA) Funds for Training and Administration" available at http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=1514 details the formula for the 2004 planning estimate and fund disbursement and the funds disbursement process for year 2005 and beyond. This TEGL underscores the importance of timely and accurate program reporting, as it will influence future years planning estimates and fund disbursement.
Q8.	What is the significance of the July 1 date with respect to current TAA clients? Will all such clients be referred to the one stops or just some subset of them? What information about these individuals will be provided to the one stops?
A.	July 1st is the established date that local areas should have fully integrated the provision of service to TAA eligible individuals as part of the overall WIA Dislocated Worker services. Therefore the local area, in developing or revising its strategic plan, must identify the available services and customer flow including how customers will access such services. The revised local plan must articulate the overall schematic of service provision including partner responsibilities for the provision of service. In addition, it is expected that this schematic will address issues related to the transition of TAA, including those related to individual TAA clients, as a stand-alone program to being fully integrated with the WIA Dislocated Worker program. TAA clients with established and approved training plans prior to July 1, 2004 that utilize TAA funds with an executed Agreement for Provision of Training (JT200) will remain the responsibility of the partner program that developed the employment plan. This partner program will be responsible for the performance outcomes of those individuals through termination/exit. This includes the provision of continued case management and follow up. TAA clients with established and approved training plans prior to July 1, 2004 that are solely funded by WIA funds will become the responsibility of the local area. A mechanism must be developed by the local partners to identify these individuals and to transfer responsibility beginning not later than July 1, 2004. It is expected that DoES staff will transfer files with relevant information that will complement the local area's file for each worker. This case file at a minimum should contain waivers issued to date, employment plan, training approval and case notes. Service provision, for TAA clients currently working with DoES staff to develop an employment plan which may or may not include training but for whom training has not yet been approved, will become the responsibility of the local area. A mechanism must be developed at the local level to identify these individuals and to determine the best method for service provision based on the established customer flow. If it is determined by the partners that the DoES staff person continue to work with the individual, mechanisms must be in place to ensure coordination and communication. Service provision to TAA eligible individuals requesting services for the first time, regardless of their individual eligibility date or petition certification date, should be served through the one-stop system according to the area's established customer flow.
TAA Shared Database
Q1.	Status of shared database of TRA/TAA customers - who has it, how do the One-Stops access it?
A.	The shared database will be available using the same path that OSOS and the WIA cash system is accessed. There is an existing database that houses individual eligibility, TRA payment and waiver status. This database is currently used by the Department's UI, WDT, DoES and and Research and Statistics divisions. Until such time that the new and comprehensive database is available for local area input , Workforce Development and Training staff will enter the required data as provided on the submitted electronic forms. See Trade Act section of the website for electronic forms.
Q2.	The Trade Act Process Flow and OSOS instructions accompanying TA #04-6 make reference to a "shared database." What information will be available on this database? How will it be accessed? Who will be permitted to access it?
A.	The TAA shared database is a repository for data regarding certified petitions, individual eligibility, TRA payments, waivers and training. It will be used to request TAA funds for training, job search and relocation allowances when notified that funds are available. It is referenced as a shared database because it will be shared among the local areas, and multiple divisions in the Department of Labor. For example, Workforce Development and Training will use the database to authorize use of TAA funds for individual training plans; the Unemployment Insurance Division uses the database to track individual eligibility, track TRA payments and the Research and Statistics Division uses the database to report on waiver activity. The database is a server-based application. Local areas must determine what staff will have access to the application and ensure accurate and timely submission of data. It is not expected that the Shared Database will be fully operational by July 1, 2004 or that local areas will have access. In the interim, electronic forms will be available on workforcenewyork.com with detailed instruction for use. Department staff who have access to the TAA shared database will be providing data entry services needed on behalf of the system (based on the data provided on the previously mentioned electronic forms) until such time the access can be accomplished and the database is fully operational.
TAA Training
Q1.	Q13 in the Use of Forms section seems contradictory, it states a person in training but has a break longer than 30 days would not be eligible for TRA benefits but also states the customer "should be submitting requests for payment during that time" shouldn't that read should not be submitting requests for payment during that time? (11/16/04)
A.	It should read "should not be submitting..." and it will be corrected on the Q and A.
Q2.	Two of my TRA eligible customers asked about the TAA transportation allowance while she's in training. I was under the impression that they would not be eligible for this because the training facility is less than an hour's drive by car from their homes. Is this correct?
A.	Yes. The TA 04-6 provides guidelines for the payment of transportation allowances for individuals in approved training.
Q3.	Who will be responsible for the contracts with the providers and if us are they going to provide us with the contracts?
A.	Local areas will be responsible for developing any training contracts/training agreements with providers for approved TAA training. This would be/should be the same process as the contracts (ITAs) you develop for training for dislocated workers.
Q4.	Will the there ever be a wait list for TAA funds for Training?
A.	The objective is to have no waiting list but during the transition it is expected that one will form because of the lack of funds. Moving forward it is expected that all employment plans reflect only funds that are available at the time they are written. Local areas will be apprised the amount of funds available on an ongoing basis.
Use of Forms
Q1.	Will the request for TAA Funds and the Training Approval form ever be enabled for entering the 2nd year request? Right now the column is there but the computer won't allow entries. Also, the customer is being asked to sign a statement on the Training Approval form which says the 2nd year figures are there when they are not. (4/14/05)
A.	This was corrected a while ago. Periodically, changes are made to the forms available on the internet, it is important to check to see if the form you may be using as a result of saving it as a Word document on your hard drive is the most up to date.
Q2.	When will the waivers be corrected so we can put the appropriate LWIA? (4/14/05)
A.	The LWIA indicator is a drop down menu. The local areas are arranged alphabetically under the Albany-Monroe and NYC-Yonkers headers. Select your local area from one of the two drop down menus.
Q3.	I have a client whose paper work I sent to the WDTD TAA e-mail address. At that time she was still doing a job search but has found that she needs training. I have placed her in training but now I need to know what forms to file.
A.	You are advised to read the TA 04-6 and especially the desk guide as these documents detail the necessary steps in filing the correct paperwork. The interim forms found on the web site "workforcenewyork.com" give easy to follow instructions and purposes for each form. If you have any additional questions after you have reviewed these materials please do not hesitate to ask.
Q4.	Where can the interim TAA forms and notice determinations be found?
A.	These electronic forms are available on the Trade Act page under Interim TAA Forms and Determination Notices.
Q5.	We were under the impression at the TAA meeting in Saratoga that local areas were encouraged to use the current TAA paperwork that was given to us in the handouts. Our local DOL is saying that we are not allowed to use these forms. Did we misunderstand what was being said at that meeting?
A.	Local areas were instructed to use the Employment Plan immediately. In addition, it was strongly encouraged that local areas examine its use for the general job seeker population, in particular dislocated workers since TAA eligible workers are dislocated workers.
Q6.	Attachment B to the TA, the Employment Plan references the criteria for training approval and specifically - Training Costs: " This training cannot be obtained at another institution/organization at a lower total cost and the total cost of training is not unreasonably high compared to the cost of training other customers in similar occupations." Can this wording be changed to "more reasonable"?
A.	This language is taken verbatim from the regulations at 617.22 (a) (6) (ii) and will remain as is.
Q7.	Is the JT 200 used after 7/1/04?
A.	All forms used by Department of Labor DoES staff for TAA purposes will be rescinded as of July 1, 2004 and appropriate guidance will be issued to that effect. The forms used by the Department's Unemployment Insurance Division for Trade Readjustment Allowance will essentially remain the same. The LWIAs will be providing data in a format very similar to the forms referenced. It is expected that this information will be captured in the shared database when available. In the interim and until the database is fully operational and areas have access, the forms will be made available in an e-mail format on workforcenewyork.com in the Trade Act section. The forms are easy to use and have instructions on how to complete. The instructions coupled with the desk guide provide the LWIA necessary guidance. The Employment Plan included in the Technical Advisory is to be used for all TAA eligible individuals. LWIAs are instructed to start using this employment plan immediately.
Q8.	As currently operated by DoES, the Trade Act program utilizes the TA722 form to document eligibility, the ES491B2 form to document a training waiver, and the ES491A form to document approval for training. I understand that the TA722 specifies the date of the 8/16 week deadline for the individual, and that the effective dates on the either the ES491B2 or ES491A must precede this date. Will LWIAs be using these same forms or different forms? Will we receive any training in the use of these or other forms required in the administration of the Trade Act program?
Waivers
Q1.	At the TAA training session in Rochester, a Department of Labor representative indicated that there will be an automatic 13 week training waiver granted to all Trade Act eligible individuals. Is it still the intention of the Department to do this? What will such a waiver mean for clients of the program? Will this waiver really be "automatic," or will the LWIAs have to do something to make sure it happens?
Q2.	Will waivers be issued by State Central Unit & the LWIAs or just the LWIAs? At one time, it was discussed that waivers would be issued by Central Unit/Albany.
A.	The Department will not issue an "automatic" 13-week waiver from training to Trade Adjustment Assistance eligible individuals. Technical Advisory 04-6 details the responsibilities of the local area in regard to issuing waivers from training. The provision of early intervention, up front assessment and core and intensive services will work to ensure that individuals receive assistance in enrolling in training, if required, or be issued a waiver. When performed in a timely fashion these services promote rapid reemployment and protect eligibility for Trade Readjustment Allowances.