1997 Minnesota Statutes

     256.737 Community work experience program. 

    Subdivision 1.    Establishment and purpose.  To the 
 degree required by federal law or regulation, each county agency 
 must establish and operate a community work experience program 
 to assist nonexempt caretakers in AFDC-UP households achieve 
 self-sufficiency by enhancing their employability through 
 participation in meaningful work experience and training, the 
 development of job search skills and the development of 
 marketable job skills.  This subdivision does not apply to AFDC 
 recipients participating in the Minnesota family investment plan 
 under sections 256.031 to 256.0361. 

    Subd. 1a.    Commissioner's duties.  The commissioner 
 shall: 

    (a) assist counties in the design and implementation of 
 these programs; 

    (b) seek any federal waivers necessary for proper 
 implementation of this section in accordance with federal law; 

    (c) ensure that participants at CWEP worksites are assigned 
 to work, and require revision of the CWEP work plan in cases 
 where work is not available at the site; 

    (d) shall design and implement an intensive, functional 
 work literacy program that addresses the barriers to employment 
 for nonexempt caretakers in AFDC-UP households who lack 
 proficiency in English.  The commissioner is encouraged to work 
 with adult basic education providers to provide functional work 
 literacy services, where available.  The intensive, functional 
 work literacy program must be designed to assist nonexempt 
 caretakers in AFDC-UP households achieve self-sufficiency by 
 enhancing their employability through concurrent participation 
 in meaningful work experience, job search skills, and functional 
 work literacy; and 

    (e) prohibit the use of participants in the programs to do 
 work that was part or all of the duties or responsibilities of 
 an authorized public employee bargaining unit position 
 established as of January 1, 1993. 

 The exclusive bargaining representative shall be notified no 
 less than 14 days in advance of any placement by the community 
 work experience program.  Written or oral concurrence with 
 respect to job duties of persons placed under the community work 
 experience program shall be obtained from the appropriate 
 exclusive bargaining representative within seven days.  The 
 appropriate oversight committee shall be given monthly lists of 
 all job placements under a community work experience program. 

    Subd. 2.    Program requirements.  (a) Worksites 
 developed under this section are limited to projects that serve 
 a useful public service such as:  health, social service, 
 environmental protection, education, urban and rural development 
 and redevelopment, welfare, recreation, public facilities, 
 public safety, community service, services to aged or disabled 
 citizens, and child care.  To the extent possible, the prior 
 training, skills, and experience of a recipient must be used in 
 making appropriate work experience assignments.  

    (b) As a condition to placing a person receiving aid to 
 families with dependent children in a program under this 
 subdivision, the county agency shall first provide the recipient 
 the opportunity:  

    (1) for placement in suitable subsidized or unsubsidized 
 employment through participation in job search under section 
 256.736, subdivision 14; or 

    (2) for placement in suitable employment through 
 participation in on-the-job training under section 256.738 or 
 grant diversion under section 256.739, if such employment is 
 available.  

    (c) A caretaker referred to job search under section 
 256.736, subdivision 14, and who has failed to secure suitable 
 employment must participate in a community work experience 
 program. 

    (d) The county agency shall limit the maximum number of 
 hours any participant under this section may work in any month 
 to:  

    (1) for counties operating an approved mandatory community 
 work experience program as of January 1, 1993, who elect this 
 method for countywide operations, a number equal to the amount 
 of the aid to families with dependent children payable to the 
 family divided by the greater of the federal minimum wage or the 
 applicable state minimum wage; or 

    (2) for all other counties, a caretaker must participate in 
 any week 20 hours with no less than 16 hours spent participating 
 in a work experience placement and no more than four of the 
 hours spent in alternate activities as described in the 
 caretaker's employability development plan.  A person for whom 
 lack of proficiency in English, as determined by an appropriate 
 evaluation, is a barrier to employment, can choose to attend an 
 available intensive, functional work literacy program and the 
 hours will be applied to the four hours of alternate 
 activities.  The caretaker's employability development plan must 
 include the length of time needed in the program, specific 
 outcomes, completion dates, and employment goals as they pertain 
 to the intensive language program.  Placement in a work 
 experience worksite must be based on the assessment required 
 under section 256.736 and the caretaker's employability 
 development plan.  Caretakers participating under this clause 
 may be allowed excused absences from the assigned job site of up 
 to eight hours per month.  For the purposes of this clause, 
 "excused absence" means absence due to temporary illness or 
 injury of the caretaker or a member of the caretaker's family, 
 the unavailability of licensed child care or transportation 
 needed to participate in the work experience placement, a job 
 interview, or a nonmedical emergency.  For purposes of this 
 clause, "emergency" has the meaning given it in section 256.736, 
 subdivision 10a, paragraph (g).  

    (e) After a participant has been assigned to a position 
 under paragraph (d), clause (1), for nine months, the 
 participant may not continue in that assignment unless the 
 maximum number of hours a participant works is no greater than 
 the amount of the aid to families with dependent children 
 payable with respect to the family divided by the higher of (1) 
 the federal minimum wage or the applicable state minimum wage, 
 whichever is greater, or (2) the rate of pay for individuals 
 employed in the same or similar occupations by the same employer 
 at the same site. 

    (f) After each six months of a recipient's participation in 
 an assignment, and at the conclusion of each assignment under 
 this section, the county agency shall reassess and revise, as 
 appropriate, each participant's employability development plan. 

    (g) Structured, supervised volunteer work with an agency or 
 organization which is monitored by the county service provider 
 may, with the approval of the commissioner of economic security, 
 be used as a work experience placement. 

    (h) If there is no work available at the site to which a 
 CWEP participant is assigned, then the CWEP work plan shall be 
 revised so that participants may work at alternative sites. 

    Subd. 3.    Exemptions.  A caretaker is exempt from 
 participation in a work experience placement under this section 
 if the caretaker is exempt from participation in job search 
 under section 256.736, subdivision 14, or the caretaker is 
 suitably employed in a grant diversion or an on-the-job training 
 placement.  Caretakers who, as of October 1, 1993, are 
 participating in an education or training activity approved 
 under a Project STRIDE employability development plan are exempt 
 from participation in a work experience placement until July 1, 
 1994. 

    Subd. 4.    Good cause.  A caretaker shall have good 
 cause for failure to cooperate if:  

    (1) the worksite participation adversely affects the 
 caretaker's physical or mental health as verified by a 
 physician, licensed or certified psychologist, physical 
 therapist, vocational expert, or by other sound medical 
 evidence; or 

    (2) the caretaker does not possess the skill or knowledge 
 required for the work.  

    Subd. 5.    Failure to comply.  A caretaker required to 
 participate under this section who has failed without good cause 
 to participate shall be provided with notices, appeal 
 opportunities, and offered a conciliation conference under the 
 provisions of section 256.736, subdivision 4a, and shall be 
 subject to the sanction provisions of section 256.736, 
 subdivision 4, clause (6).  

    Subd. 6.    Federal requirements.  If the Family Support 
 Act of 1988, Public Law Number 100-485, is revised or if federal 
 implementation of that law is revised so that Minnesota is no 
 longer obligated to operate a mandatory work experience program 
 for AFDC-UP families, the commissioner shall operate the work 
 experience program under this section as a volunteer program, 
 and shall utilize the funding authorized for work experience to 
 improve and expand the availability of other employment and 
 training services authorized under this section. 

    Subd. 7.    Injury protection for work experience 
 participants.  (a) Payment of any claims resulting from an 
 alleged injury or death of a recipient participating in a 
 community work experience program established and operated by a 
 county or a tribal JOBS program pursuant to this section shall 
 be determined in accordance with this section.  This 
 determination method applies to work experience programs 
 established under aid to families with dependent children, work 
 readiness, Minnesota parent's fair share, and to obligors 
 participating in community services pursuant to section 518.551, 
 subdivision 5a, in a county with an approved community 
 investment program. 

    (b) Claims that are subject to this section shall be 
 investigated by the county agency or the tribal JOBS program 
 responsible for supervising the work to determine whether the 
 claimed injury occurred, whether the claimed medical expenses 
 are reasonable, and whether the loss is covered by the 
 claimant's insurance.  If insurance coverage is established, the 
 county agency or tribal JOBS program shall submit the claim to 
 the appropriate insurance entity for payment.  The investigating 
 county agency or tribal JOBS program shall submit all valid 
 claims, in the amount net of any insurance payments, to the 
 department of human services.  

    (c) The department of human services shall submit all 
 claims for impairment compensation to the commissioner of labor 
 and industry.  The commissioner of labor and industry shall 
 review all submitted claims and recommend to the department of 
 human services an amount of compensation comparable to that 
 which would be provided under the impairment compensation 
 schedule of section 176.101, subdivision 3b. 

    (d) The department of human services shall approve a claim 
 of $1,000 or less for payment if appropriated funds are 
 available, if the county agency or tribal JOBS program 
 responsible for supervising the work has made the determinations 
 required by this section, and if the work program was operated 
 in compliance with the safety provisions of this section.  The 
 department shall pay the portion of an approved claim of $1,000 
 or less that is not covered by the claimant's insurance within 
 three months of the date of submission.  On or before February 1 
 of each legislative session, the department shall submit to the 
 appropriate committees of the senate and the house of 
 representatives a list of claims of $1,000 or less paid during 
 the preceding calendar year and shall be reimbursed by 
 legislative appropriation for any claims that exceed the 
 original appropriation provided to the department to operate 
 this program.  Any unspent money from this appropriation shall 
 carry over to the second year of the biennium, and any unspent 
 money remaining at the end of the second year shall be returned 
 to the state general fund. 

    On or before February 1 of each year, the department shall 
 submit to the appropriate committees of the senate and the house 
 of representatives a list of claims in excess of $1,000 and a 
 list of claims of $1,000 or less that were submitted to but not 
 paid by the department of human services, together with any 
 recommendations of appropriate compensation.  These claims shall 
 be heard and determined by the appropriate committees of the 
 senate and house of representatives and, if approved, shall be 
 paid under the legislative claims procedure. 

    (e) Compensation paid under this section is limited to 
 reimbursement for reasonable medical expenses and impairment 
 compensation for disability in like amounts as allowed in 
 section 176.101, subdivision 3b.  Compensation for injuries 
 resulting in death shall include reasonable medical expenses and 
 burial expenses in addition to payment to the participant's 
 estate in an amount up to $200,000.  No compensation shall be 
 paid under this section for pain and suffering, lost wages, or 
 other benefits provided in chapter 176.  Payments made under 
 this section shall be reduced by any proceeds received by the 
 claimant from any insurance policy covering the loss.  For the 
 purposes of this section, "insurance policy" does not include 
 the medical assistance program authorized under chapter 256B or 
 the general assistance medical care program authorized under 
 chapter 256D. 

    (f) The procedure established by this section is exclusive 
 of all other legal, equitable, and statutory remedies against 
 the state, its political subdivisions, or employees of the state 
 or its political subdivisions.  The claimant shall not be 
 entitled to seek damages from any state, county, tribal, or 
 reservation insurance policy or self-insurance program. 

    (g) A claim is not valid for purposes of this subdivision 
 if the local agency responsible for supervising the work cannot 
 verify to the department of human services: 

    (1) that appropriate safety training and information is 
 provided to all persons being supervised by the agency under 
 this subdivision; and 

    (2) that all programs involving work by those persons 
 comply with federal Occupational Safety and Health 
 Administration and state department of labor and industry safety 
 standards.  A claim that is not valid because of failure to 
 verify safety training or compliance with safety standards will 
 not be paid by the department of human services or through the 
 legislative claims process and must be heard, decided, and paid, 
 if appropriate, by the local government unit or tribal JOBS 
 program responsible for supervising the work of the claimant. 

    (h) This program is effective July 1, 1995.  Claims may be 
 submitted on or after November 1, 1995. 

    HIST: 1983 c 249 s 1; 1984 c 640 s 32; 1984 c 654 art 5 s 
 22,58; 1Sp1985 c 9 art 2 s 30; 1Sp1985 c 14 art 9 s 23; 1987 c 
 403 art 2 s 62; 1989 c 282 art 5 s 35; 1990 c 568 art 4 s 15-17; 
 1Sp1993 c 1 art 6 s 15-21; 1994 c 483 s 1; 1995 c 178 art 2 s 
 16-18; 1996 c 305 art 2 s 45; 1996 c 465 art 3 s 24