Code of the District of Columbia

Subchapter IV. 1980


§ 1–1504.01. Reorganization Plan No. 1 of 1980

(Effective April 17, 1980)

Prepared by the Mayor and transmitted to the Council of the District of Columbia on January 28, 1980, pursuant to the provisions of Section 422(12) of the District Charter.

DEPARTMENT OF EMPLOYMENT SERVICES

I. Establishment There is established, in the Executive Branch of the Government of the District of Columbia, the Department of Employment Services headed by a Director who shall perform the functions herein transferred, delegated, or otherwise assigned to him, and who shall have the authority to redelegate such functions as he deems necessary.

II. Purpose The Department of Employment Services is established to provide opportunities for citizens and other eligible individuals to prepare for, find, and maintain gainful employment; to provide training and supportive services to the unemployed, underemployed and disadvantaged; to provide income maintenance to mitigate the effects of unemployment; and to promote the working conditions of wage earners by protecting their health, safety, wages, rights and benefits.

III. Organization The Director, in the performance of the duties and functions assigned to him, is authorized to establish such organizational components with such specified functions as he deems appropriate.

There is hereby established in the Department of Employment Services the following:

A. The Office of the Director, with such subordinate staff offices as are required to carry out overall management responsibility for the Department, planning and policy review, and assurance of compliance with statutes and regulations affecting the Department; the state responsibility for employment and training, labor management, equal employment opportunity and veterans programs.

B. The Office of the Deputy Director for Finance, Administration and Management services, which is delegated the responsibility to centralize and manage the collection and distribution of financial and activity data, which includes but is not limited to the planning, coordination, control and technical support for agency staff and contractors in financial and grant management.

C. The Office of the Deputy Director for Program Operations, which is delegated the responsibility for insuring that clients receive the comprehensive employment and training services to which they are entitled.

D. The Office of the Deputy Director for Labor Standards Administration which is delegated the responsibility to insure better coordination between the Wage and Hour (W&H), the Occupational Safety and Health (OS&H) Programs, and to direct the expansion of the OS&H Program and the development of a sound Worker's Compensation Program for the District.

IV. Functions The functions contained herein are transferred to the Director and shall be performed by the following major organizational components of the Department:

A. Office of the Director, Department of Employment Services Oversees operations of a large, complex labor and employment and training agency.

Provides policy leadership to evaluate and improve labor and employment and training services in the District of Columbia, coordinating public programs with private services to achieve equitable, high quality job services for all citizens. Coordinates labor services at the delivery and policy levels, both within the Department and with other District agencies. Analyzes the needs of District residents in employment, unemployment, training, counseling, testing, and related areas, and evaluates the response of public programs to those needs.

Advises the Mayor and the City Administrator on all aspects of the programs dealing with employment, training, supportive services and labor standards, implementing Mayoral policy priorities and recommending specific actions to assure effective utilization of resources.

Assures effective management throughout the Department by means of supervision of key officials, and final approval of major policies and decisions (resource allocation, state plans and grant proposals, legislative or organizational recommendations, personnel actions, contracts and procurement). Assures compliance with Federal and state regulations, standards and legislation. Exercises quality control to minimize waste or abuse in large scale transfer payment programs. Assures the efficient and effective use of resources, including both dollars and personnel. Develops and makes operational policies, procedures and systems to assure coordination and integration at all levels within the Department, and with related programs.

Carries out responsibilities through the delegation of major functions to a Deputy Director of Finance, Administration and Management, a Deputy Director of Program Operations and a Deputy Director of Labor Standards. Also the Director supervises the five staff office Assistant Directors listed below:

1. OFFICE OF COMMUNITY RELATIONS AND PUBLIC SERVICE Plans, coordinates and executes a public service program to increase community understanding of Department of Employment Services (DOES) programs and services. Solicits employers and potential employees to understand the workings of the labor market and benefit from DOES programs and services.

2. OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY Plans, coordinates, implements, and administers continuing Department programs designed to promote and maintain equal opportunity for all employment practices to the maximum possible extent, including but not limited to: recruitment, hiring, transfer, promotion, benefits, training, mobility, termination, and for impartial treatment of DOES employees, job and training applicants, employers, benefit claimants and enrollees in employability development programs.

Maintains and follows procedures established to resolve any complaints dealing with the Comprehensive Employment Training Administration (CETA) or alleged discrimination.

Participates with public and private groups in affirmative cooperative actions to improve equal employment opportunity throughout the community.

3. OFFICE OF TECHNICAL SERVICES Provides a technical service program to various components of the agency on the interrelationships and linkages that occur between each component. Also works with grantee, subgrantee, contractors and subcontractors in the delivery of DOES programs.

4. OFFICE OF PROGRAM PLANNING, RESEARCH AND ANALYSIS Advises the Director on overall policies, plans and objectives for all programs of the District of Columbia Department of Employment Services (DOES).

Assists in coordinating internal Department of Employment Services planning, ongoing performance against plan, analysis of the Department of Employment Services performance and related administrative support. Integrates related outside planning processes with those of the Department of Employment Services, provides guidance, technical assistance, and program assistance within the Department of Employment Services through operational research, training, and management, and provides input into the development and dissemination of a comprehensive management information system.

5. OFFICE OF COMPLIANCE AND INDEPENDENT MONITORING Administers a comprehensive program to assure that all program activities and services administration and management practices, including a comprehensive employment and training plan supported with funds under the Comprehensive Employment and Training Act (CETA), Employment Service (ES), Unemployment Insurance (UI), and Work Incentive Program (WIN) legislation, comply with the provisions of the legislation, governing regulations and/or the terms of any ongoing agreements. Ensures that adequate monitoring coverage and appropriate actions on findings and recommendations are rendered on a timely basis.

B. Office of the Deputy Director of Finance, Administration and Management Plans, conducts and coordinates, in accordance with appropriate laws, regulations and policies, and in support of agency goals and objectives, a program of financial, administrative and management support of the Department of Employment Services. Such a program includes: management consultation and analysis; all aspects of financial management; administrative support; contracting services; and a comprehensive information and data processing system. Acts as liaison in providing assistance in the development and implementation of the District's new financial management system.

Programs are carried out in three support offices.

1. OFFICE OF BUDGET AND FINANCE Designs, establishes and maintains an integrated management system to include budgeting, accounting, managerial-financial reporting and control in accordance with applicable laws and regulations compatible with Department of Employment Services management needs. Plans, develops and administers a comprehensive management analysis program within the Department of Employment Services to insure an efficient and effective department; develops proposals and provides recommendations to technical agencies, state agencies, and private industry.

2. OFFICE OF MANAGEMENT INFORMATION AND DATA SYSTEMS Plans, develops, administers and implements a comprehensive information and data processing system. Receives, synthesizes and disseminates information in support of labor market research. Plans and develops information gathering, storage and retrieval systems. Designs and implements programs necessary to generate information required by the Department of Employment Services offices.

3. OFFICE OF CONTRACTS AND SUPPORT SERVICES Provides contract services for the Department of Employment Services in the area of administration and contract processing, including assistance in negotiations, review, examination and administration.

Furnishes comprehensive logistical support services to administrative and operating components of the Department of Employment Services and its operating agents. Such services include: procurement of supplies, property and paperwork management, printing and duplication, mail and messenger services, safety and security services, and property maintenance.

C. Office of the Deputy Director for Program Operations Plans, conducts and coordinates the implementation of programs to meet the needs of program participants, for the economically disadvantaged, unemployed and underemployed residents of the District in accordance with appropriate laws, regulations and policies. Programs include but are not limited to those dealing with comprehensive employability development, employment service, Apprenticeship, Work Incentive Program (WIN), Job Corps, alien certification, Comprehensive Employment and Training Act (CETA), Unemployment Insurance (UI) and various other special District appropriated programs. Emphasizes the degree to which such programs are designed to and meet the employment needs of selected target groups.

Manages the delivery of job development and placement services, and services to employers of the District to insure the hiring, training and retention of qualified job applicants, particularly those from selected target populations.

Programs are carried out in four support offices.

1. OFFICE OF EMPLOYABILITY DEVELOPMENT Administers a comprehensive technical assistance and support program of employment and training opportunities for economically disadvantaged, unemployed and underemployed residents of the District of Columbia, to include programs designed to meet the employment needs of selected target populations and to provide employment oriented supportive services.

Develops and provides technical assistance for the implementation of District and/or other employability development plans and grants considering recommendations of the D.C. Manpower Services Planning Advisory Council (MSPAC) and other departmental plans and programs.

Prepares, disseminates and coordinates, with appropriate Department of Employment Services (DOES) and other District Government components, the evaluation of all requests for proposals used in the delivery of services required for all CETA and other employability development activities.

Negotiates, recommends selection and finalizes all jurisdictional CETA and other appropriate contracts and subgrants and oversees the functions of contractors/subgrantees.

2. OFFICE OF EMPLOYMENT SERVICE Administers a program of employment service technical assistance and support to District of Columbia Department of Employment Services staff, and provides services to employers to achieve improved utilization of manpower resources.

Provides technical assistance to field staff on the utilization of job opportunity information for applicants in the metropolitan area, through administration and management of the Job Bank system.

Provides technical assistance on outreach, recruitment and employment service activities, and advises on assessment procedures for applicants for employment or training opportunities, including applicants having special needs in the labor market such as veterans, handicapped, disadvantaged, youth, women, offenders, welfare recipients, Spanish heritage and persons receiving UI benefits.

3. OFFICE OF COMPREHENSIVE CENTERS Plans, develops and administers a program of comprehensive employment and training services to eligible clients to provide unemployment insurance benefits and comprehensive employment and employability development services through full service centers located in various locations in the District of Columbia.

4. OFFICE OF UNEMPLOYMENT COMPENSATION Plans, develops and administers an unemployment insurance technical assistance and specialized program pursuant to the provisions of the District of Columbia Unemployment Compensation Act and applicable Federal laws.

Determines employer liability under the District law, advises employers regarding status of liability; establishes individual employer tax rates; collects contributions and interest charges; audits employer records to insure compliance with District law; controls employer account and experience rating records; and evaluates legal and related provisions applying to coverage.

Directs the activities of the appeals staff which schedules, conducts, records, and adjudicates appeals of determinations rendered pursuant to UI, WIN and/or CETA programs.

Controls and audits benefit payments, maintains records regarding benefit charges; receives and administers requests for transfer of wages from other states.

D. Office of the Deputy Director for Labor Standards Plans, develops and administers a comprehensive program that, pursuant to District and Federal law, protects and serves workers at their places of employment. Administers the wage-hour and occupational safety and health laws applicable in the District and manages and coordinates overall program operations for minimum wage and occupational safety and health.

Formulates legislative recommendations for the Worker's Compensation Program to be administered by the District. Plans for implementation of the Worker's Compensation Program.

Provides staff and technical assistance to the Wage-Hour Board and Occupational Safety and Health Board.

Programs are carried out in three support units.

1. OFFICE OF WAGE-HOUR Plans and administers a program to ensure compliance with the District of Columbia Minimum Wage Act and the D.C. Wage Payment and Wage Collection Law, the Seats Law, and the District of Columbia Wage Garnishment Law's prohibition against discharging employees whose wages are subject to wage garnishment.

Investigates and holds hearings on any alleged violations, including claims that wages have not been paid in accordance with applicable laws and that such unpaid wages constitute enforceable claims against the employer.

Examines economic indicators and labor market conditions to determine an adequate and equitable minimum wage; provides the Wage-Hour Board with data requisite to the determination of the minimum wage.

2. OFFICE OF OCCUPATIONAL SAFETY AND HEALTH Secures compliance with the D.C. Industrial Safety Law and all regulations promulgated thereunder in order to promote the safety and health of wage earners. Administers, enforces and develops occupational safety and health standards, laws, rules and regulations.

Holds hearings and makes decisions on variance requests on the review of any granted variances and renders decisions.

Plans, develops and administers the D.C. OSHA State plan and the involvement of the OSH Board for the representation input.

Advises and assists the Director regarding the administration and policies affecting the safety and health program.

3. OFFICE OF WORKER'S COMPENSATION Plans, develops and coordinates the development of legislation to establish a District of Columbia Worker's Compensation Program.

Will direct and maintain management of the Worker's Compensation Program.

V. Transfer of Functions The following Boards and Councils with their powers, duties and functions are hereby transferred to the new Department of Employment Services, Office of the Director.

A. The Wage-Hour Board set forth in Reorganization Plan No. 1 of 1978.

B. The Occupational Safety and Health Board, set forth in Reorganization Plan No. 1 of 1978.

C. The Unemployment Compensation Board, established by D.C. Law 2-129, Section 15-A, March 3, 1979, amendment to the D.C. Unemployment Compensation Law.

D. The Manpower Services Planning Advisory Council, established by Commissioner's Order 74-84, dated May 24, 1974, with delegated authority set forth in Reorganization Plan No. 1 of 1978.

E. The Apprenticeship Council, established under the provisions of D.C. Code 36-122 [32-1402], with delegated authority set forth in Reorganization Plan No. 1 of 1978. The Apprenticeship Council shall retain its powers, duties and functions under the Act approved May 21, 1946 (D.C. Code, Section 36-121 - 36-133 [32-1401 - 32-1413]), as amended.

VI. Establishments The following advisory bodies are hereby established in the Department of Employment Services, Office of the Director:

A. An Advisory Committee on Ex-offenders Programs

B. An Older Workers Advisory Committee

C. An Advisory Committee on Improved Services to Women

D. A Youth Advisory Committee

E. A Handicapped Advisory Committee

F. A Veterans Advisory Committee

G. A Hispanic Advisory Committee

H. A Job Service Improvement Program Council

These committees shall advise the Director of the special needs and concerns of targeted applicant groups and assess the adequacy of services provided these groups by the Department of Employment Services.

Each advisory committee shall consist approximately of twenty-four members, three from each Ward of the District of Columbia. The Director of Employment Services shall appoint committee chairpersons and members with counsel from the Mayor and City Council. Each committee shall include men and women and have equal representation of employees, employers and the general public.

VII. Abolishments A. The Employment Security Board, established under Reorganization Plan No. 1 of 1978, is hereby abolished.

B. The D.C. Department of Labor as currently organized is hereby abolished.

VIII. Funds and Other Resources There is hereby transferred to the Director, Department of Employment Services, all powers, duties and functions assigned or delegated to the Director of the former D.C. Department of Labor as of the date of this Reorganization Plan. All positions, property, records and unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the functions assigned to the Director are hereby transferred to the Department of Employment Services.


Prior Codifications

2001 Ed., Title 1, Chapter 15, Subchapter IV, Part A.


§ 1–1504.02. Reorganization Plan No. 3 of 1980

(Effective January 10, 1981)

Prepared by the Mayor and transmitted to the Council of the District of Columbia on October 14, 1980, pursuant to the provisions of Section 422 (12) of the District Charter.

EMPLOYEE, HEALTH, SAFETY AND COMPENSATION

PART A: PART A: SAFE ANDfh HEALTHY WORK ENVIRONMENT FOR D.C. EMPLOYEES

I. Establishment There is established in the Department of Employment Services (DOES) in the Office of Occupational Safety and Health a Division of Public Sector Safety.

II. Purpose The Division of Public Sector Safety is established to administer the worker health and safety program for District of Columbia employees authorized by Title XX of the Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139) exclusive of Section 2007, to assure a safe working environment for District employees.

III. Functions

(a) Develops, implements and manages comprehensive occupational safety and health programs for employees and general public users of District Government facilities, which include employee safety and health, fire safety, motor vehicle safety, safety of non-employee users of city facilities and services, contractor safety, and protection of District Government property. Provided, however, that nothing in this Part shall be construed as affecting the responsibility of the Fire Chief to enforce the D.C. Fire Code; and provided further, that responsibility for the licensing and inspection of vehicles shall continue in the Department of Transportation.

(b) Issues directives, manuals and guidelines for the operation of the safety and health programs consistent with applicable standards promulgated by the U.S. Department of Labor under the provisions of the Occupational Safety and Health Act, and other applicable standards.

(c) Monitors and evaluates adequacy and effectiveness of safety procedures and practices of District agencies through audits and inspections.

(d) Evaluates technological developments in the safety field (i.e., equipment, devices, and techniques to eliminate or minimize hazards) for possible application.

(e) Conducts promotional campaigns to stimulate worker interest in accident preventions and to train and motivate work supervisors, visitors, etc., in accident prevention concepts, practices and techniques.

(f) Establishes appropriate systems and procedures for accident reporting; maintains and analyzes records of all occupational accidents and illnesses occurring within agencies; studies safety problems and recommends to managers actions to correct undesirable conditions or unsafe practices.

IV. Transfers The powers, duties and functions authorized by Title XX of the Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139), exclusive of those in Section 2007 and delegated to the District of Columbia Office of Personnel by Mayor's Order No. 80-78, issued February 27, 1980, and presently administered in the Division of Compensation Programs are hereby transferred to the Department of Employment Services.

V. Resources All positions, property, records and unexpended balances of appropriations, allocations and other funds available or to be made available relating to the functions assigned herein are hereby transferred to the Office of Occupational Safety and Health in the Department of Employment Services.

PART B: EMPLOYEE HEALTH SERVICES

I. Establishment There is established in the Department of Human Services, in the Preventive Health Services Administration an Office of Employee Health Services.

II. Purpose The Office of Employee Health Services is established to administer the provisions of Section 2007 of the Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139) [§ 1-620.07], to assure that District employees have access to appropriate medical and prevention health services.

III. Functions

(a) Provides on-site emergency medical or first aid services to employees in major District Government facilities, either as a part of existing clinical services established through other programs or created specifically for the purpose within the limits of available resources.

(b) Provides a counseling program for troubled employees, offering initial review and referral for treatment as appropriate.

(c) Provides, through intra-District agreements with appropriate agencies, services which are associated with District Government employment, such as preemployment or periodic physical examinations, or fitness-for-duty examinations.

(d) Carries out government-wide prevention health programs to encourage awareness of good health practices on the part of District employees.

IV. Transfers The powers, duties and functions authorized by Section 2007 of the Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139) [§ 1-620.07] and delegated to the District of Columbia Office of Personnel by Mayor's Order No. 80-78, issued February 27, 1980 and presently administered by the Division of Compensation Programs, are hereby transferred to the Department of Human Services.

V. Resources All positions, property, records and unexpended balances of appropriations, allocations and other funds available or to be made available relating to the function assigned herein are hereby transferred to the Preventive Services Administration of the Department of Human Services.

PART C: D.C. DISABILITY COMPENSATION

I. Establishment There is established in the Department of Employment Services within the Office of Workers Compensation a Division of Public Sector Compensation.

II. Purpose The Division of Public Sector Compensation is established to implement a disability compensation program for employees of the District of Columbia Government, as authorized by Title XXIII of the Comprehensive Merit Personnel Act (D.C. Law 2-139).

III. Functions

(a) Establishes policies and procedures for operation of Title XXIII; promulgates and issues instructions, forms, and internal issuances and directives.

(b) Reviews and takes final action on claims brought under applicable statute or regulations including requests for reconsideration that follow hearings or other special considerations.

(c) Maintains a master file and appropriate permanent records.

(d) Develops and maintains working agreements with the U.S. Public Health Service, designated physicians, the U.S. Office of Vocational Rehabilitation, and other public and private organizations as required.

(e) Monitors the adequacy and effectiveness of medical services under Title XXIII, and develops guidelines for the determination of disabilities and for professional fees.

(f) Provides technical assistance on D.C. Law 2-139, Title XXIII, to District Government agencies, labor organizations and others.

IV. Transfers The powers, duties and functions authorized by Title XXIII of the Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139) and delegated to the District of Columbia Office of Personnel by Mayor's Order No. 79-184, and presently administered in the Division of Compensation Programs, are hereby transferred to the Department of Employment Services.

V. Resources All positions, property, records and unexpended balances of appropriations, allocations and other funds available or to be made available relating to the functions assigned herein are hereby transferred to the Office of Workers Compensation in the Department of Employment Services.

VI. Effective Date This Plan shall become effective in accordance with Section 422 (12) of P.L. 93-198.


Prior Codifications

2001 Ed., Title 1, Chapter 15, Subchapter IV, Part B.