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Home My WebLink AboutR-1994-034 On-the-Job Training• • • RESOLUTION NO. _ R-94- 34 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an On -the -Job Training Agreement with Mark Day and representatives of the State of Washington for training in the City wastewater treatment facility WHEREAS, the city operates a wastewater treatment facility at which the State of Washington is desirous of placing Mark Day to be trained as a Wastewater Treatment Plant Operator, and WHEREAS, Mark Day has offered to be trained as a Wastewater Treatment Plant Operator at the City wastewater treatment facility; and the City council deems it to be in the best interests of the City that the attached On -the -Job Training Agreement be executed to provide for the responsibilities of the trainee and the entities in the training program, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an On -the -Job Agreement with Mark Day and representatives of the State of Washington for the purpose described above, a copy of which On -the -Job Training Agreement is attached hereto and by reference made a part hereof ADOPTED BY THE CITY COUNCIL this 22 day of March, 1994. ATTEST: Kevz_,,.._ .24 mow• City Clerk C),4=t \&A,41/ - Mayor ON-THE-JOB TRAINING AGREEMENT WITH THE CITY OF YAKIMA TRAINER: City of Yakima, Wastewater Treatment Plan TRAINEE: Mark Day CLAIM NO: H856154 AGREED: 1. Training will be provided by the City of Yakima as a Wastewater Treatment Plant Operator In Training, 40 hours per week for the 52 weeks commencing on 3-28-94 and ending on 3-27-95. The Department of Labor & Industries will agree to pay $1,442.00 in training fees, books, supplies and tools. Any extra costs will aiso be covered by the Department of Labor & Industries, but not beyond a total of $8,000.00, regarding the items above.The Trainee will begin four hours per day and work up to an eight hour day gradually. 2. The Process Control Supervisor at the facility will provide general supervision and outline training activities. 3. Mr. Day will employ in the following: Chlorination, janitorial equipment maintenance, laboratory testing, plant operations, log entries, monitoring plant processes, gathering samples, cleaning various plant equipment and other related duties as required. 4. Scott Whitmer, Vocational Rehabilitation Counselor at S.L. Start & Associates, Inc., will provide monitoring of this Plan and will abet both the trainee and the trainer as needed throughout the 52 weeks of training. 5. Mr. Day will be responsible, prompt, efficient in his work and timely in his academic assignments and abide by all rules of conduct of employees of the City of Yakima. 6. The City of Yakima will not be responsible for any liability for on-the-job injuries during the training duration. Mr. Day will submit any claim for any loss suffered due to participation in the training, to the Department of Labor & Industries under his existing Claim No. H856154. Mr. Day will not have the Labor & Industries coverage through the City of Yakima. Mr. Day has observed the conditions for the Yakima Wastewater Plant and is aware of the constant risks of severe injury or death during the activities during his performance there. Mr. Day recognized that his activities at the City facility will bring him in contact with unusual working conditions which include, but are not limited to, the following: - Exposure to chlorine gas; - Exposure to caustic materials; - High electrical voltages; - Working on ladders, scaffolding and numerous flights of stairs; - Working in confined spaces near location of toxic gases; and - Lifting of objects sufficient to cause back injuries or loss balance if not= - lifted carefully. OJT Training Agreement -- City of Yakima Day, Mark - H856154 Mr. Day for himself, his heirs, administrators and assigns, does release and discharge the City of Yakima and its officers, employees and agent from all claims, demands, action causes of any sort, for injury sustained to his person and/or property during Mr. Day's presence on the facility premises and any other aspect of this learning experience, due to negligence or any other fault. Please refer to the Department of Labor & Industries Policy 6.31. 7. The City of Yakima, as trainer, and as a non-profit organization, is not obligated for any wages, salaries or other remuneration to the trainee for any services rendered. Mr. Day will continue to receive time -loss compensation under Claim No. H856154 throughout the training program. 8. The City of Yakima may terminate this Agreement at any time for any reason related to the claimant's attitude, attendance, work habits, performance, etc. 9. The trainee acknowledges that he has had the opportunity to read every part of the above Agreement and to consult an attorney if he so chooses. 10. This contract will not be effective until signed by Mr. Day and a representative of the Department of Labor & Industries having authority to bind the State to the responsibilities recited above, including the submission of any new injuries under Claim No. H856156. It is understood and agreed that Mr. Day will not start any training until the Department of Labor & Industries submits a written affirmation of the authority of its signatory representative. 11. Throughout the duration of this contract, Mr. Day is not an employee of the City of Yakima, nor is there any obligation for the City to employ Mr. Day upon completion of his training. l / CGS (/�` VRC Trainee Attest: City Manager City Clerk Clerk L&I Representative,- ,), . Li CITY CONTRACT NO: �, 03. 15/94 10:15 Claims Adm. Policy Manual NO.773 P02 Policy 6.31 Effective 8-1-91 POLICY 6.31 Section: Vocational Rehabilitation Effective: 8-1-91 Management Title: Worker Injured in An On -the -Job Training Program Created: 8-1.-91 Approved by: art /142-L net Mor is, Assistant Director laims Administration See Also: Policy 6.30 Effective 8-1-91 RCW 51.32.095 This policy identifies the criteria for a claim occurring to a worker (other than a Preferred Worker) in an on-the-job (OJT) program approved by the Department of Labor and Industries. On -tire -job training is one type of vocational rehabilitation plan authorized under RCW 51.32.09.5. (Note: If the worker is a Preferred Worker, see Policy 6.30,) 1. No premium is due on hours worked by a non-profit employer. No premium will be due by a non-profit employer on hours worked by a worker in a department -approved on-the-job training program. When an injury occurs to a worker while he or she is enrolled in a department -approved on-the-job training program, and no wages are being paid, the injury will be charged to the account listed as the employer at the time the original injury occurred, The old, or original, claitn number will be used in such a case. 2. A "for profit" employer is ineligible for preferred worker benefits. ntw When preferred worker status has not been obtained prior to the injury, the OJT employer does not qualify for preferred worker benefits. In this instance, a new claim must be established with that etnployer. Policy 6.31 Page 1 of 2 Claims Adm. Policy Manu2 Policy 6.31 Effective 8-1-91 3 . Worker receive benefits from original claim while in approved programs prior to OJT. Worker behavior modification, work evaluation, work hardening or job stations are programs of limited time commitments which test the injured worker's capacity to perform certain activities. Programs such as these must be approved by the Department. - During such programs, benefits from the original claim are maintained. No premiums are due, and any injury which might occur would be considered part of the original injury which should be consolidated into the old claim, 4. Policy 6.31 Page 2 of 2