Operation of Extended Employment Sheltered Workshops

PURPOSE: This rule specifies minimum operating standards for a workshop which has been granted a certificate of authority. (1) Continued operation of a workshop must be evidenced by the availability and eligibility of not fewer than fifteen (15) employees. (2) The not-for-profit corporation which operates a workshop shall maintain substantial compliance with all federal or state statutes or regulations, or local ordinances at all times. (3) A copy of any notification of noncompliance with federal or state laws or regulations shall be provided to the Department of Elementary and Secondary Education (department) by the workshop receiving such notice. This includes, but is not limited to, the United States Department of Labor, Wage and Hour Division; Occupational Safety and Health Administration; Department of the Treasury; Internal Revenue Service; and the Social Security Administration. Such notice shall be provided within twenty (20) calendar days of its initial receipt by the workshop. Failure to do so may result in the suspension of state aid payments. AND SECONDARY EDUCATION (4) Gross revenues from the operations of a workshop shall be used first to support current operating expenses, including paying employees commensurate wages for comparable work in industry, in accordance with the regulations of the Wage and Hour Division, United States Department of Labor. Remaining revenue may be used for capital expenditures for equipment, buildings, or expansion of activities as determined by the workshop board. (5) A workshop shall maintain sufficient insurance coverage to adequately protect its employees, the general public having access to workshop property and all real and personal property for which the workshop is responsible from loss and liability. Workshops shall consider the recommendations of all local, state, and federal monitoring agencies when designing insurance coverage and safety programs. (6) The corporate board of directors and workshop manager shall observe sound business and financial practice in all areas including but not limited to subcontracting, purchasing of materials, sale of products and services, budget and accounting control and safeguarding of property and material. The workshop shall maintain a comprehensive accrual or modified accrual accounting system which accurately represents the financial condition of the corporation. Separate and accurate financial accounting shall be provided for each major program provided by the workshop. (7) No fees shall be charged to employees approved by the department to work in a workshop. (8) Hourly wages paid approved employees shall not be less than ten percent (10%) of the minimum wage standard as determined by the United States Department of Labor. The average income per hour for each approved employee working at piece rates shall be not less than ten percent (10%) of the minimum wage standard as determined by the United States Department of Labor during any work week. (9) Approved employees of a workshop shall be engaged in production work, or vocational-related training at all times during which state aid is claimed. Vocational-related training shall be paid at ten percent (10%) of the current federal minimum. During any fiscal quarter, a workshop should have no less than eighty percent (80%) of its reimbursable time in income producing work. State aid shall be paid for vocationalrelated training time up to a maximum of twenty percent (20%) of a workshop’s quarterly reimbursable time. The department may waive this requirement for workshops located in an area declared by the governor to be a state of emergency for up to one (1) year after the declaration. Documentation of the time per employee and content of vocational-related training provided shall be maintained for inspection by department staff. (10) The board of directors of workshop shall notify the department of any change in the employment status of the workshop manager, (e.g., hire, release, placed on leave, etc.); the notification shall be made in writing within five (5) days of the change. (11) The maximum work day for state aid purposes shall be as set forth in section 178.930, RSMo. (12) Monitoring may be done periodically by the department to ensure compliance with these regulations. If the department determines there is evidence of a violation of regulation, the department shall notify the manager and board of the determination. The workshop shall prepare a corrective action plan to achieve compliance as required. The corrective action plan, with a time frame for completion, shall be submitted within ninety (90) days of receipt of the monitoring findings by the workshop. Failure to do so may result in the suspension of state aid payments. (13) Every workshop shall have in effect written policies and procedures for investigating and resolving complaints of abuse and neglect. (14) Every workshop shall have in effect policies and procedures for resolving employee grievances. AUTHORITY: sections 178.900 and 178.930, RSMo Supp. 2013, and sections 178.910 and 178.920, RSMo 2000.* This rule previously filed as 5 CSR 70-770.020. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Oct. 2, 1981, effective Jan. 18, 1982. Amended: Filed Nov. 23, 1998, effective July 30, 1999. Moved to 5 CSR 20-300.170, effective Aug. 16, 2011. Amended: Filed Aug. 27, 2013, effective March 30, 2014. *Original authority: 178.900, RSMo 1965, 2011; 178.910, RSMo 1965; 178.920, RSMo 1965; 178.930, RSMo 1965, amended 1972, 1973, 1975, 1979, 1987, 1993, 1994, 1997, 1998, 2001, 2007, 2010. Op. Atty. Gen. No. 21, Millan, 11-22-71. Neither special funds from levies authorized by section 205.971, RSMo (1969) pertaining to county sheltered workshops nor funds from general revenue may be used by the directors of a county sheltered workshop or by a court to pay for the support, care or upkeep of county residents in a county sheltered workshop facility of another county. Persons living at a county residence workshop facility must come within the definition of “handicapped persons’’ in section 178.900, RSMo (1969) and be employed at the facility or in the community.