The Percy Program

It is a fight to level the playing field to be able to compete for jobs and careers on the basis of skills and make available apprentice training to all. In 1973 Al Percy launched a class action lawsuit to give workers like him a chance to better their lot in life. It would also ensure the availability of skilled workers to build the infrastructure of the future. Who is Al Percy? What is the lawsuit?

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Percy Program - Alternative Employment Practice EDNY 20-cv-06131

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  • Percy
  • Workers
  • Compensation
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  • Apprenticeship
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Case

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 8 of 64 PageID #: 2740 while providing employees with a simple, state-of-the-art system of medical care delivery. Caring for the injured and ill combined with pro-active managed care programs is not new, but here is also specifically designed for New York State employers who have also purchased workers’ compensation coverage through the Percy Program. The key components of this Program are: A well trained, experienced and program-oriented provider network; Immediate access to a voluntary managed health care system; An identifiable MD/RN case management team with accountability for care status; Responsive emergency department and hospital-based service; 5) Accountable specialist panels; Responsive ancillary providers; An advanced data management system; A communications hub which is accessible to all involved parties; Quality assurance and outcome monitoring; An ongoing development program for the institution of standardized care practice protocols. The goal of the Percy Program is to train employees on-the-job, to optimize the back-to-work experience for injured workers, and to and reduce loss exposure. The Program provides apprenticeship training, risk management, safety and loss control, integrated with workers' compensation managed care, ensuring appropriate early return to work, quality medical treatment, cost containment and reduced litigation. Early intervention, advocacy, and professional case management address the medical, economic and psychological factors that influence the decision-making process of injured workers. Thorough monitoring by a case manager, coupled with return-to-work programs, rehabilitation treatment, and the encouragement provided by guided family involvement, focuses attention on the employee's rapid return to health and return to the work force. 6 | P age

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 9 of 64 PageID #: 2741 ALTERNATIVE EMPLOYMENT PRACTICE The Percy Program The Percy Program now exists as a singular mix of tools that provides training and working environments that exists nowhere else. Benefits under Percy results in retention of well trained, competent and safety conscious workers for employers who participate in the Percy program. Apprenticeship as described here, is enforced by Presidential Executive Order 11246, as a mandated alternative employment practice (“Alternative Employment Practice”) under the Civil Rights Act of 1964, and specifically 42 USCA §2000e-2 and §2000d as amended in 1991 (the “Civil Rights Act”). The Percy Program addresses lack of knowledge, skills and personal attributes needed to perform a job well, the same knowledge and skills needed to carry out work activities, applying new ways, new advances in technology, using sound professional judgement, able to demonstrate a level of speed and accuracy needed to meet a crisis with swift high performance. Increase in complexity challenges employers to recruit and retain a job-ready workforce. Apprenticeship addresses these challenges, addressing the need for skills and competency in all jobs and careers of all people. The Percy Program is an Alternative Employment Practice funded by savings in workers’ compensation costs resulting from loss control, safety training, and safe work habits learned through registered apprenticeship, without extra cost to Employers or require public funding. This is accomplished by simply applying savings resulting from reduced losses due to the Percy Program and allocating those savings to pay for apprenticeship out of the premium paid for workers’ compensation coverage. Using workers' compensation coverage as the delivery method for the Alternative Employment Practice to provide apprenticeship for new hires and continuing education for existing employees, is the most efficacious practice of providing skills to educate workers to perform work, protect themselves and people with whom they come into contact, changing employment practices by adopting the Alternative Employment Practice to work competently and safely. Too long employees have struggled without being provided the skills necessary to protect themselves and the communities they serve, including the general public with whom they come in contact. The Alternative Employment Practice is delivered with workers’ compensation coverage. All employment is required to be covered by workers' compensation. Along with the payment of benefits to cover injury and death while on-the-job ("OJT") as required in under New York Workers' Compensation Law §10, workers' compensation coverage can also include apprenticeship as a component of risk-management, safety training and loss control, that is where the Alternative Employment Practice resides. 7 | P age

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