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Volume 1TABLE OF CONTENTSIntroduction/Overview3-6Laws/Rules/Regulations7-17RsMO7-13DESE Rules/Regulations14-17DESE Contacts18-22Government Agencies23-31Board of Directors32-43Financial Management44-59Marketing60-721619(B)73-77Production Techniques78-10DESE Web Application User Guide101-1022Quality Control123Record Keeping124-126Ergonomics127-153Safety Program154-177Hazard Communication Program178-188Powered Industrial Trucks189-197Material Safety198-212Department of Labor213-236INTRODUCTION/OVERVIEWWhat is a sheltered workshop?Missouri sheltered workshops are different from shops in many other states because they depend heavily on contracted work and the revenue from that work to maintain operations. They are actually small businesses who hire individualswith disabilities.On the average, a workshop’s contract revenue account for 70-80% of workshop revenue, government assistance 10-24%, and the balance from other grants.Because of the dependency on contract revenue, Missouri workshops readily respond to customer needs relating to quality,and turn-around time. Jobs performed include packaging (bagging, shrink wrapping, blister packaging, skin packaging, boxing) , assembly (simple to complex), marketing and public relations services (collating, stuffing, and sorting mailings), products (pallets, wire spools, first aid kits, poultry watering systems,office products, furniture items, etc.). Services are also provided by workshops including, janitorial work,grounds maintenance, commercial laundry operations,microfilming,to mentiona few.Workshops also providework crews that work in customer facilities.How are workshops run?Each workshop is a private not-for-profit corporation overseen by a volunteer board of directors.Board members include local business people, educators,lawyers, accountants,and family members of employees. The board outlines the general course for a given shop and hires an operational manager for the day to day operations.How are people paid?Each workshop has a special certificate from the Department of Labor that allows it to pay sub- minimum wages.Workshop employees are paid based on their ability to perform in relation to the performance of a person without a disability. If an employee produces 50% of what a non-disabled person produces, then they receive 50% of what that person is paid (i.e., if the prevailing wage for that job is $8 per hour, the employee receives $4.00 per hour). These procedures are checked frequently by the Department of Labor.Because workshops pay less, can they do work for less?No, not necessarily. Workshops do not receive the same production per hour as a business hiring non-disabled would receive.For example,in the comparison above a person that works at the 50% level takes 2 hours to produce what a non-disabled person would produce in 1 hour, so the cost for the same amount of work is still $8.00 no matter who is doing the work. Overhead costs may actually be higher for workshops than normal businesses because of the increased supervision needed. Workshops must depend on quality,flexibility,and a large workforce to sell their services. What workshops can offer for their customers is a dependable workforce without the headaches of personnel management.How do workshops obtain business?Some workshops h a v e their own sales representative(s) who call on local businesses to make them aware of the services the workshop can provide. Other workshops have joined together in cooperative arrangements to share sales people, and still others depend on the manager to do the sales work. Much of a workshops business is repeat business,or word of mouth, from satisfied customers.How many people with disabilities are employed in workshops?There are 90 workshop corporations located around the state of Missouri. These shops provide employment for approximately 7500 people with disabilities and approximately 900 non-disabled staff.What kind of disabilities do workshop employees have?The majority of workshop employees have been diagnosed with mental retardation or other developmental disabilities.Other common disabilities include mental illness, head injury, blindness, deafness,seizure disorders,and physical disabilities. Prior to being hired for employment in the workshop, people must be assessed by a department designee to determine whether or not they are capable of working in a competitive environment at this time. If it is determined they cannot work competitively at this time, he/she will certify them for employment in the workshop.What role does the state play in the operation of the workshops?Other than the fact that the state (Department of Elementary and Secondary Education) provides some funding, regulations, and guidelines for the establishment of sheltered workshops, and some technical assistance when requested, it’s role is minor in the day to day operation of the shops.What do the workshops do for the community?Besides the obvious, providing employment, especially for people with disabilities, workshops also put money back into the community. Payroll, purchase of goods and services, and participation in community affairs are a few ways that workshops contribute to the community. In FY09, Missouri workshops paid approximately $80,000,000.00 back into their communities, providing a significant contribution to the commerce of those communities.What can a workshop do for your business?Workshops can provide a ready and capable workforce, production space, equipment, and transportation of product. Some businesses turn over their entire operations, from receipt of inventory to customer shipping, to the workshop. This provides definite benefits to those businesses in that they are able to concentrate on selling, and not be burdened with a lot of issues like facilities, personnel, and overhead (utilities, insurance, etc.). Can one of Missouri’s shops help your business? Without a doubt they could.For more information, contact the Sheltered Workshop section at the Missouri Department of Elementary and Secondary Education.PO Box 480Jefferson City, MO 65102 (573) 751-0622sesw@dese. of Elementary and Secondary Education……………………………DESE Department of Labor……………………………………………………………DOL Occupational Safety and Health Administration………………………………..OSHA Social Security Administration…………………………………………………SSA Supplemental Social Security…………………………………………………..SSI Vocational Rehabilitation………………………………………………………VR Department of Mental Health……………………………………………………DMH County Boards………………………………………………………………….SB40 Missouri Association for County DevelopmentalDisabilities Services…………………………………………………………MACDDS Department of Natural Resources………………………………………………DNR Missouri Department of Transportation…………………………………………MODOT Protection and Advocacy……………………………………………………….P&A Equal Employment Opportunity Commission…………………………………..EEOC Small Business Administration…………………………………………………SBA Americans with Disabilities Act……………………………………………….ADA Affordable Care Act or "Obamacare"………………………………………….ACA Missouri Propane Gas Commission…………………………………………….MPGC Missouri Department of Labor and Industrial Relations………………………..MODOLIR National Fire Protection Association…………………………………………..NFPA American National Standards Institute………………………………………….ANSI Missouri Association of Sheltered Workshops Managers………………………MASWMMissouri Revised StatutesChapter 178Special Schools and Instruction and Special Districts Section 178.900August 28, 2013Definitions.178.900. For the purposes of sections 178.900 to 178.960 the following words mean:"Department", the department of elementary and secondary education;"Disabled persons", a lower range educable or upper range trainable developmentally disabled or other disabled person sixteen years of age or over who has had school training and has a productive work capacity in a sheltered environment adapted to the abilities of persons with a developmental disability but whose limited capabilities make him or her nonemployable in competitive business and industry and unsuited for vocational rehabilitation training;"Sheltered workshop", an occupation-oriented facility operated by a not-for-profit corporation, which, except for its staff, employs only persons with disabilities and has a minimum enrollment of at least fifteen employable persons with disabilities;"Staff", employees of a sheltered workshop engaged in management, work procurement, purchasing, supervision, sales, bookkeeping, and secretarial and clerical functions.(L. 1965 p. 309 § 1, A.L. 2011 H.B. 555 merged with H.B. 648) CROSS REFERENCE:Transportation for sheltered workshop employees and residents of facilities or social center for the disabled, 162.755? Copyright Missouri General AssemblyMissouri Revised StatutesChapter 178Special Schools and Instruction and Special Districts Section 178.910August 28, 2013Purposes of sheltered workshops.178.910. 1. A sheltered workshop shall provide a controlled work environment and a program designed toward enabling the handicapped person enrolled to progress toward normal living and to develop, as far as possible, his capacity, performance and relationship with other persons.A sheltered workshop shall, so far as possible, provide work experience sufficiently diverse to accommodate the needs of each of the handicapped persons enrolled.A sheltered workshop shall coordinate and integrate its services with all community agencies for the benefit of its employees, and whenever practicable make use of the services available from these agencies.(L. 1965 p. 309 § 2)? Copyright Missouri General AssemblyMissouri Revised StatutesChapter 178Special Schools and Instruction and Special Districts Section 178.920August 28, 2013Procedure for establishing sheltered workshops--hearing--certificate--revocation.178.920. 1. Any group of persons desiring to establish a sheltered workshop which will be eligible for state aid shall request a certificate of approval from the department. The request shall be in writing on forms provided by the department, and shall contain such information as the department may reasonably require.Within sixty days after receipt of the request, the department shall hold a hearing to determine suitability of the proposed sheltered workshop to provide appropriate supervised employment and rehabilitation for handicapped persons.If, after hearing, the department determines that the proposed sheltered workshop will be a proper agent of the state for the purpose of employment and rehabilitation of handicapped persons, it shall notify the persons requesting the certificate that they will be issued a certificate of approval upon filing with the department the applicant's certificate of incorporation as a not- for-profit corporation and a copy of its charter and bylaws. No provision of the charter or bylaws shall conflict with the rules and regulations of the department.The department may refuse to issue a certificate of authority if it finds that a proposed sheltered workshop will not be a proper agency of the state for the purpose of employment and rehabilitation of handicapped persons and it may, after notice and hearing, revoke the certificate of authority of any sheltered workshop which is no longer qualified because the need for the workshop no longer exists or for violation of any rule or regulation of the department.(L. 1965 p. 309 § 3)? Copyright Missouri General AssemblyMissouri Revised StatutesChapter 178Special Schools and Instruction and Special Districts Section 178.930August 28, 2013State aid, computation of--records, kept on premises--sheltered workshop per diem revolving fund created.178.930. 1. (1) Beginning July 1, 2009, and until June 30, 2010, the department of elementary and secondary education shall pay monthly, out of the funds appropriated to it for that purpose, to each sheltered workshop a sum equal to ninety dollars for each standard workweek (Monday through Friday) of up to and including thirty hours worked during the preceding calendar month. Eighteen dollars shall be paid for each six-hour or longer day worked by a handicapped employee on Saturdays or Sundays. For each handicapped worker employed by a sheltered workshop for less than a thirty-hour week or a six-hour day on Saturdays or Sundays, the workshop shall receive a percentage of the corresponding amount normally paid based on the percentage of time worked by the handicapped employee.(2) Beginning July 1, 2010, and thereafter, the department of elementary and secondary education shall pay monthly, out of the funds appropriated to it for that purpose, to each sheltered workshop a sum equal to ninety-five dollars for each standard workweek (Monday through Friday) of up to and including thirty hours worked during the preceding calendar month. Nineteen dollars shall be paid for each six-hour or longer day worked by a handicapped employee on Saturdays or Sundays. For each handicapped worker employed by a sheltered workshop for less than a thirty-hour week or a six-hour day on Saturdays or Sundays, the workshop shall receive a percentage of the corresponding amount normally paid based on the percentage of time worked by the handicapped employee.The department shall accept, as prima facie proof of payment due to a sheltered workshop, information as designated by the department, either in paper or electronic format. A statement signed by the president, secretary, and manager of the sheltered workshop, setting forth the dates worked and the number of hours worked each day by each handicapped person employed by that sheltered workshop during the preceding calendar month, together with any other information required by the rules or regulations of the department, shall be maintained at the workshop location.There is hereby created in the state treasury the "Sheltered Workshop Per Diem Revolving Fund" which shall be administered by the commissioner of the department of elementary andsecondary education. All moneys appropriated pursuant to subsection 1 of this section shall be deposited in the fund and expended as described in subsection 1 of this section.The balance of the sheltered workshop per diem revolving fund shall not exceed five hundred thousand dollars at the end of each fiscal year and shall be exempt from the provisions of section33.080 relating to the transfer of unexpended balances to the general revenue fund. Any unexpended balance in the sheltered workshop per diem revolving fund at the end of each fiscal year exceeding five hundred thousand dollars shall be deposited in the general revenue fund.(L. 1965 p. 309 § 4, A.L. 1972 S.B. 463, A.L. 1973 H.B. 796, A.L. 1975 S.B. 269, A.L. 1979 S.B. 4, A.L. 1987 H.B. 25 & 120 merged with S.B. 145, A.L.1993 H.B. 639, A.L. 1994 S.B. 601, A.L. 1997 S.B. 264, A.L. 1998 S.B. 781, A.L. 2001 S.B. 321, A.L. 2007 H.B. 352, A.L. 2010 H.B. 1965)? Copyright Missouri General AssemblyMissouri Revised StatutesChapter 178Special Schools and Instruction and Special Districts Section 178.940August 28, 2013Department designated to accept and disburse federal funds.178.940. The department shall be the official agency of this state for the acceptance and disbursement of funds of the United States government made available to the states for rehabilitation or employment related services to handicapped persons as defined in section 178.900.(L. 1965 p. 309 § 5)? Copyright Missouri General AssemblyMissouri Revised StatutesChapter 178Special Schools and Instruction and Special Districts Section 178.950August 28, 2013Board of education to appoint necessary staff.178.950. In order to implement and effectuate the provisions of sections 178.900 to 178.970, the state board of education shall appoint a section head and such other personnel, including administrative, professional and technical persons, within the department as may be required to implement and supervise the program, including assisting shops with operative problems and other activities contemplated by sections 178.900 to 178.970.(L. 1965 p. 309 § 6, A.L. 1971 S.B. 463)? Copyright Missouri General AssemblyMissouri Revised StatutesChapter 178Special Schools and Instruction and Special Districts Section 178.960August 28, 2013Judicial review.178.960. Any order, rule or regulation of the department is subject to review under the provisions of chapter 536.(L. 1965 p. 309 § 7)? Copyright Missouri General AssemblyChapter 300—Office of Special Education5 CSR 20-300served in the State Schools for Severely Handicapped. This rule sets forth certain policies which will aid the development of administrative cooperation and program con- tinuity.The private agency shall submit to the superintendent of the state schools for severe- ly handicapped, not later than October 31 of each year, an annual audit verification of the accuracy of attendance of the children for whom educational services were provided the previous year through contractual agreement with the Department of Elementary and Secondary Education (DESE). The following format is recommended for use by the audi- tor: “The pupil attendance records are so maintained as to disclose with substantial accuracy the daily attendance of pupils, which for the year ending June 30,19, wasdays.”The private agency shall submit to the superintendent of the state schools for severe- ly handicapped, not later than August 31 of each year, a school calendar showing the opening and closing date of school, the days in session and the days school will be dis- missed for holidays, vacations and teachers’ meetings.The private agency shall submit to the superintendent of the state schools for severe- ly handicapped immediately following the end of each school month an attendance report on those children for whom education- al services are provided through contractual agreements with the DESE. The format of this report shall be determined by the super- intendent of the State Schools for Severely Handicapped.Immediately following the end of the school month, the private agency shall submit to the superintendent of the State Schools for Severely Handicapped an invoice for the cost for the educational services provided through contractual agreement with the DESE.The superintendent of the State Schools for Severely Handicapped shall determine the days the transportation system will operate for those children for whom educational ser- vices are provided through contractual agree- ments with the DESE. The transportation system will operate the same number of days for these children as for the children attend- ing state-operated schools.The superintendent shall approve the routes and time schedules for the transporta- tion system providing service for children attending private agencies through contractu-al agreements with the DESE as s/he approves the routes and time schedules for the transportation system providing services for children attending state-operated schools.AUTHORITY: section 162.735, RSMo 1986.*This rule previously filed as 5 CSR 70-760.070. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed June 4, 1979, effective Sept. 14, 1979. Amended: Filed July 23, 1993, effective Jan. 31, 1994. Moved to 5 CSR 20-300.150, effective Aug. 16, 2011.*Original authority: 162.735, RSMo 1973.5 CSR 20-300.160 Establishment of Sheltered WorkshopsPURPOSE: The Department of Elementary and Secondary Education, Division of Special Education shall issue a certificate of authority to a not-for-profit corporation that meets the requirements listed in this regulation to oper- ate a workshop which offers but does not enti- tle employment to persons with disabilities who have been approved by the department for such employment. Corporations seeking a certificate of authority shall file documents prescribed by statute and regulation.For the purpose of this rule, the following terms shall mean:“Employee”—a person with a disability (“disabled persons” as defined in section 178.900, RSMo) employed in a workshop. All persons employed by a sheltered workshop shall demonstrate productive capacity and their behavior shall contribute to the work environment of that shop. These regulations shall neither mandate nor prohibit employ- ment of individuals who require personal sup- ports which go beyond reasonable accommo- dations;“Staff”—persons employed by a work- shop as defined in section 178.900, RSMo;“Workshop”—an extended employ- ment sheltered workshop as defined in sec- tion 178.900, RSMo;“Department”—the Missouri Depart- ment of Elementary and Secondary Educa- tion;“Disability”—those conditions as defined in section 178.900, RSMo;“Gross revenue”—income from all sources;“Accrual accounting system”—a sys- tem of accounting based on recognition of income and expenses when incurred;“Productive capacity”—the amount of work accomplished by an employee with a disability, with reasonable accommodations, in proportion to that accomplished on thesame or similar task by an experienced non- disabled employee. A minimum productive capacity level may be specified by the board of directors;“Full-time equivalent (FTE)”—equals six (6) person hours per day worked by an approved employee or combination of employ- ees; and“Reimbursable time”—time or activity that is related to production, training, and/or reasonable wait time, which must be paid in accordance to United States Department of Labor regulations, that occurs normally as a part of the production process. After wait time exceeds twelve (12) consecutive hours, state aid can only be claimed if training is provid- ed.A not-for-profit corporation, registered with the Missouri secretary of state, founded for the purpose of administering a workshop, and engaged in the employment and rehabilita- tion of people with disabilities, as defined in section 178.900, RSMo, shall be a corporation engaged in the business of operating a work- shop. The department only has authority to monitor activity associated with the business of operating a sheltered workshop or related to funding provided for operating a sheltered workshop. The workshop may enter into a written agreement for the purposes of sharing the purchasing of materials or services, sharing personnel, or sharing buildings and equipment. The agreement shall provide the responsibili- ties of each party. The agreement or any renewal or extension of the agreement shall be approved by the governing board of directors of the sheltered workshop who will ensure that the agreement does not violate any state or fed- eral laws. The corporation shall apply for and be granted a certificate of authority from the department in order to qualify for the receipt of state funds. To make application for a cer- tificate of authority, a corporation shall file form FP-100-1 (Application for Extended Employment Sheltered Workshop Certificate), together with each of the following documents with the department for its review and approval:An authorization from the Wage and Hour Division of the United States Depart- ment of Labor to pay subminimum wages;Evidence of exempt status under sec- tion 501(c)(3) of the United States Internal Revenue Tax Code:A copy of the first year’s proposed budget which contains the following:Budget message;Estimated revenue;Proposed expenditures;Amount required for interest payments on debt;JASON KANDER(2/28/14)Secretary of StateCODE OF STATE REGULATIONS75 CSR 20-300—DEPARTMENT OF ELEMENTARY ANDSECONDARY EDUCATIONDivision 20—Division of Learning ServicesAmount required for principal pay- ments on debt; andBudget summary.In addition to the proposed budget, incorpo- ration papers and bylaws for the workshop shall be provided to the department;Evidence of Workers’ Compensation insurance, as well as sufficient other 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;from which would be used in the operation of the workshop;A copy of one (1) or more income-pro- ducing contract for the workshop, which is or together are sufficient, in the judgment of the department, to provide work for at least fif- teen (15) full-time employees for at least a three (3)-month period;Organizations that have been in exis- tence for more than one (1) year prior to application shall supply a certified audit of the previous fiscal year’s operation;Evidence of an active work force of not fewer than fifteen (15) eligible employees;Evidence of exemption from sales/usements which it may require. Applications which are not complete, as determined by the department, within sixty (60) days of their original receipt shall be rejected and notifica- tion of such rejection sent to the applicant. Any subsequent submittal by the same appli- cant shall be treated as a new application for the purpose of review and approval.Within thirty (30) days of the depart- ment’s notification of the applicant that its application is complete, the department shall schedule a public hearing in the local com- munity in which the workshop is proposed to be located. The time and place of the public hearing shall be determined by the depart-department shall file all notices required by law to conduct a public hearing.The department shall notify the applicant in writing within ten (10) days following the hearing of its decision whether or not to grant a certificate of authority. If the application is approved, the department shall issue a cer- tificate of authority within thirty (30) days of the hearing. If the department decides not to grant a certificate of authority, it shall notify the applicant in writing stating the specific reasons for its decision to deny a request to grant a certificate of authority. Applicants for whom a certificate of authority is not granted(3) A copy of any notification of noncompli- ance with federal or state laws or regulations shall be provided to the Department of Elementary and Secondary Education (depart- ment) 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.workshop shall be used first to support cur- rent operating expenses, including paying employees commensurate wages for compara- ble 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.A workshop shall maintain sufficient insurance coverage to adequately protect its employees, the general public having access to workshop property and all real and personaltaxes from the Revenue;Missouri Department ofmay appeal the decision pursuant to Chapter536, RSMo.property for which the workshop is responsi-ble from loss and liability. Workshops shall consider the recommendations of all local,Evidence the corporation has use of anappropriate facility or facilities in which to operate a workshop which substantially com- plies with all applicable federal, state, and local laws and regulations relating to safety, health, and accessibility; andA description of the proposed adminis-AUTHORITY: section 178.920, RSMo 2000.*This rule previously filed as 5 CSR 70-770.010. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Nov. 23, 1998, effective July 30, 1999. Moved to 5 CSR 20-300.160, effective Aug. 16, 2011. Amended: Filed Aug. 27, 2013, effectivestate, and federal monitoring agencies when designing insurance coverage and safety pro- grams.The corporate board of directors and workshop manager shall observe sound busi- ness and financial practice in all areas includ-trative andsupervisory staffing to beMarch 30, 2014.ing but not limited to subcontracting, pur-employed to conduct daily operations of theworkshop.(3) Within fifteen (15) days of receipt of an application, the department shall notify the applicant whether the application is consid- ered complete, and if not, what deficiencies exist. The omission of any of the documents specified in section (1) from the application or the failure of the applicant to complete the*Original authority: 178.920, RSMo 1965.5 CSR 20-300.170 Operation of Extended Employment Sheltered WorkshopsPURPOSE: This rule specifies minimum operating standards for a workshop which has been granted a certificate of authority.chasing of materials, sale of products and ser- vices, budget and accounting control and safeguarding of property and material. The workshop shall maintain a comprehensive accrual or modified accrual accounting sys- tem which accurately represents the financial condition of the corporation. Separate and accurate financial accounting shall be provid- ed for each major program provided by the workshop.form FP-100-1(Application for ExtendedEmployment Sheltered Workshop Certificate) may result in the review and approval of the(1) Continued operation of a workshop must be evidenced by the availability and eligibili-(7) No fees shall be charged to employees approved by the department to work in aapplication beingdelayed or rejected.ty of not fewer than fifteen (15) employees.workshop.Applicants submittingincomplete materialsshall have forty-five (45) days from the date of receipt of a notice from the department of the application being incomplete to complete all materials and to respond to any questions or file with the department additional docu-(2) The not-for-profit corporation which operates a workshop shall maintain substan- tial compliance with all federal or state statutes or regulations, or local ordinances at all times.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 approved8CODE OF STATE REGULATIONS(2/28/14)JASON KANDERSecretary of StateChapter 300—Office of Special Education5 CSR 20-300employee 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.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 fed- eral minimum. During any fiscal quarter, a workshop should have no less than eighty per- cent (80%) of its reimbursable time in income producing work. State aid shall be paid for vocational-related training time up to a maxi- mum 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.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.The maximum work day for state aid purposes shall be as set forth in section 178.930, RSMo.Monitoring may be done periodically by the department to ensure compliance with these regulations. If the department deter- mines there is evidence of a violation of reg- ulation, the department shall notify the man- ager 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.Every workshop shall have in effect written policies and procedures for investi- gating and resolving complaints of abuse and neglect.Every workshop shall have in effect poli- cies 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 previouslyfiled 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 facil- ity of another county. Persons living at a coun- ty residence workshop facility must come with- in the definition of “handicapped persons’’ in section 178.900, RSMo (1969) and be employed at the facility or in the community.5 CSR 20-300.180 Renewal or Revocation of a Certificate of AuthorityPURPOSE: Renewal of a certificate of authority is required annually and revocation may occur under certain conditions.Workshops which are current grantees of a certificate of authority shall apply to the Department of Elementary and Secondary Education (department) each year to seek renewal of the certificate. Renewal of the cer- tificate of authority is based on the submis- sion of an annual report by the board of direc- tors of the workshop corporation four (4) months after the end of the workshop’s fiscal year. Failure to provide the necessary infor- mation by the due date may result in the sus- pension of state aid payments. The annual report should include, but not be limited to, the following items:The proposed budget for the current fiscal year;An audit prepared by an independent certified public accountant for the fiscal year just ended;A listing of the board’s membership, including the name, address, office held and expiration date of each member’s term;An original copy of a signature sheet showing the official signatures of the officers of the corporation;A list of all management and supervi- sory staff, indicating the position, normalwork location and length of service with the workshop corporation; andAn original copy of the assurance of compliance form signed by the president and secretary of the workshop corporation board.If the department determines the work- shop board of directors is not in substantial compliance with these regulations, and depending on the nature and severity of the situation, the department may—Notify the workshop board of directors and manager that the workshop is not in sub- stantial compliance with these regulations; andRequire a corrective action plan within ten (10) business days; orIssue a temporary certificate of author- ity; orSuspend state aid payments until it is determined that the workshop is again in sub- stantial compliance with these regulations; orIf the workshop does not return to sub- stantial compliance within ninety (90) days the state may proceed to revoke the work- shop’s certificate of authority pursuant to sec- tion 178.920(4), RSMo.Applicants which have been found by the department not to be in substantial compli- ance with federal or state laws or regulations may appeal the decision pursuant to Chapter 536, RSMo.AUTHORITY: section 178.920, RSMo 2000.*This rule previously filed as 5 CSR 70-770.030. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Nov. 23, 1998, effective July 30, 1999. Moved to 5 CSR 20-300.180, effective Aug. 16, 2011. Amended: Filed Aug. 27, 2013, effective March 30, 2014.Original authority: 178.920, RSMo 1965.5 CSR 20-300.190 Approval of Eligible EmployeesPURPOSE: The department shall determine the eligibility of applicants as persons with disabilities. This rule provides the process for determining eligibility of non-staff persons applying for employment in workshops. Workshops may receive state aid only on per- sons with disabilities who have been approved by the department. Department approval is not required for the employment of workshop staff.A workshop provides employment for indi- viduals with disabilities. If the workshop is certified by the United States Department of Labor, Wage and Hour Division, employeesJASON KANDER(2/28/14)Secretary of StateCODE OF STATE REGULATIONS95 CSR 20-300—DEPARTMENT OF ELEMENTARY ANDSECONDARY EDUCATIONDivision 20—Division of Learning Serviceswith disabilities working in the workshop may be paid subminimum wages. The appli- cation for certification of a person with a dis- ability is initially submitted by the workshop manager to the agency designated by the Department of Elementary and Secondary Education (department) or the department’s representative for certification. The agency to which an application is submitted shall con- duct an evaluation. If the agency determines the existence of a disability, it shall certify such. The evaluating agency shall advise the workshop of this certification and the work- shop may submit the certification to the department. The department may approve the applicant for workshop employment.A workshop shall notify the department prior to or concurrent with the employment of any disabled person previously approved by the department. The department shall not pay state aid for workers with disabilities who have not been approved by the department for employment. Department approval is not required for the employment of workshop staff.The certification of eligibility for employ- ment in an extended employment sheltered workshop shall be terminated one (1) year after a worker has obtained supported and/or competitive employment in an integrated and community-based business or industry. A person may reapply to the department for a certification of eligibility should the support- ed and/or competitive employment status change. The person must meet the eligibility requirements to receive a new certificate of eligibility.AUTHORITY: sections 178.900 and 178.930, RSMo Supp. 2013.* This rule previously filed as 5 CSR 70-770.040. Original rule filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Nov. 23, 1998, effective July 30, 1999. Moved to 5 CSR 20-300.190, effec-tive Aug. 16, 2011. Amended: Filed Aug. 27,2013, effective March 30, 2014.*Original authority: 178.900, RSMo 1965, 2011 and178.930, 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 coun- ty court to pay for the support, care or upkeep of county residents in a county shel- tered workshop facility of another county. Persons living at a county residence work-shop 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.5 CSR 20-300.200 Disbursement of FundsPURPOSE: The department shall disburse state aid to each certified workshop based on the full-time equivalents (FTE) of approved employees who worked during the month. This rule specifies the disbursement process.(1) After approval of a certificate of authority for a workshop, the Department of Elementary and Secondary Education (department) shall pay monthly, out of funds allotted to it for that purpose, to each workshop corporation pur- suant to section 178.930.1(2), RSMo. Monthly state aid requests shall be submitted by the due date and time designated by the department. The department shall accept as proof of payment due a workshop, a statement signed by the president or vice president, act- ing in the absence of the president, and secre- tary, or treasurer acting in the absence of the secretary, of the workshop board and the workshop manager setting forth the dates worked and the number of hours worked each day for each approved employee with produc- tive capacity employed by the workshop dur- ing the preceding month. These detailed records of work history by employee shall be maintained by the workshop for at least five(5) years following the year to which they apply and be made available for department inspection.Each workshop shall provide the depart- ment annually with a properly authenticated statement to permit the department to accept electronic submissions of invoices seeking the payment of state aid and electronically trans- fer state aid payments to workshop account(s).If it is determined by the department or by certified audit that a workshop has received state aid in excess of that which was permitted by statute and regulation, the workshop shall submit in writing to the department a repay- ment plan within thirty (30) days of determi- nation of the overpayment. The department shall approve or deny the repayment plan and provide written notice of such to the workshop within thirty (30) days of its submission of the repayment plan. Repayment plans shall pro- pose the return of all excess state aid over a period of time as determined by the depart- ment. The department may withhold state aid for the failure of a workshop to submit a repayment plan.AUTHORITY: section 178.930, RSMo Supp. 2013.* This rule previously filed as 5 CSR 70-770.050. Original rule filed Dec. 23,1975, effective Jan. 2, 1976. Amended: FiledOct. 2, 1981, effective Jan. 18, 1982. Amended: Filed Nov. 23, 1998, effective July 30, 1999. Moved to 5 CSR 20-300.200, effec-tive Aug. 16, 2011. Amended: Filed Aug. 27,2013, effective March 30, 2014.*Original authority: 178.930, RSMo 1965, amended1972, 1973, 1975, 1979, 1987, 1993, 1994, 1997, 1998,2001, 2007, 2010.10CODE OF STATE REGULATIONS(2/28/14)JASON KANDERSecretary of StateOffice of Special EducationExtended Employment Sheltered WorkshopsManager List by Workshop Name205 Jefferson Street573-751-0622PO Box 480Fax #1: 573-526-6898Jefferson City, MO 65102-0480Fax #2: 573-526-4404Dr. Stephen Barr, Assistant Commissioner573-751-4444Shelley Woods, Coordinator573-751-3561Fulvio Franzi, Director573-751-3547Fulvio.Franzi@dese.Lindsay Thomas, Administrative Assistant573-751-0622Lindsay.Thomas@dese.Dan Gier, Regional Field Technician573-365-9417106 Arrowhead DriveFax: 573-365-9614Lake Ozark, MO 65049Dan.Gier@dese.Steve Coffman, Regional Field Technician2018 Legend Court Jefferson City, MO 65101573-616-1861Fax: 573-526-6898Steve.Coffman@dese.DESE Sheltered Workshop Web Page Association of Sheltered Workshop ManagersOfficersPresidentBob Koch, EMPAC Industrial ResourcesVice PresidentBrent Blackwell, Lafayette County Enterprises SecretaryRobert Engemann, TEMCO, Inc.TreasurerDee Froneyberger, Heartland IndustriesBoard of DirectorsArea I Area II Area III Area IV Area V Area VI Area VII Area VIII Area IX Area XLegislative ChairMary McAdams, Northwest Missouri IndustriesAaron Martin, JobIOne Peggy Kutchback, Casco Area Workshop Judd Chestnut, Lamar Sheltered WorkshopTom Thompson, Pike County Sheltered Workshop Bruce Young, Central Missouri Subcontracting Enterprises Lon Little, Kingdom Projects Sharon Tyger, Opportunity Sheltered IndustriesJim Guyre, Valley Industries Harvey Cooper, Community Sheltered Workshop Randy Hylton, Vocational Services, Inc.AtchisonNodawayWorth49Harrison23MercerPutnamSchuylerScotlandClark29Missouri Department of Elementary and Secondary EducationHolt47Andrew68Gentry51DeKalbClintonDaviessCaldwellGrundy25LivingstonSullivanLinnAdair12Macon83KnoxShelbyLewisMarion48Chris L. Nicastro, Commissioner of EducationOffice of Special EducationStephen Barr, Assistant Commissioner? ? ?Buchanan11RayCharitonCarrollRandolphMonroeRallsExtended EmploymentPlatteClay10465058Pike54Sheltered Workshops7627SalineHowardBooneAudrain22LincolnFulvio Franzi, Director▲02 35JacksonLafayette3809Callaway42Stephen Coffman, Regional Field TechnicianDan Gier, Regional Field Technician24 5926 66JohnsonPettisCassCooper047836WarrenSt. CharlesMontgomery90083014HenryMoniteau0718Gasconade60Franklin03St. Louis05 5520 64Bates73Benton93Morgan57MillerColeOsage653386Jefferson28 7732 81St. ClairVernonHickory87Camden4092PulaskiMaries61CrawfordWashington80Ste. Genevieve446939PerryBartonCedarPolkDallas95DadeLaclede3756PhelpsDent62Iron ReynoldsSt. Francois 94Madison0641Jasper3431NewtonLawrenceGreene67StoneWebster79ChristianWright74DouglasTexas85HowellShannon7288Carter0191Wayne63CapeBollingerGirardeauScott13Stoddard16BarryMcDonald458217TaneyOzark7152Oregon84Ripley89Butler4370New MadridMississippiPemiscot5315Dunklin90Alphapointe29Industrial Opportunities, Inc.55Project Workshop, Inc.73Bates County Industries31Innovative Industries, Inc.56Pulaski County Sheltered Workshop01Big Springs Sheltered Workshop, Inc.33Jeffco Subcontracting57Quality Industries of the Lake of the Ozarks02Blue Valley Industries30Johnson County Sheltered Workshop87Quality Products, Inc.03Boone Center, Inc.34Joplin Workshops, Inc.58Randolph County Sheltered Industries, Inc.04Boonslick Industries, Inc.35JVS Workshop59Rehabilitation Institute Industries, Inc.05Canterbury Enterprises36Kingdom Projects, Inc.88Reynolds County Sheltered Workshop, Inc.06Cape Girardeau Community Sheltered Workshop37Laclede Industries60River Bluff Industries07Capitol Projects, Inc.38Lafayette County Enterprises, Inc.61Rolla Area Sheltered Workshop08Casco Area Workshop32Lafayette Industries North62Scenic Rivers Sheltered Industries09Central Missouri Subcontracting Enterprises39Lafayette Industries West63Services for Extended Employment (SEE)10Chariton County E.E. Sheltered Workshop40Lake Area Industries86Sheltered Industries of the Meramec Valley, Inc.82Christian County Enterprises, Inc.41Lamar Sheltered Workshop65Sheltered Workshops, Inc.11Clinco Sheltered Industries, Inc.83Macon Diversified Industries66Southeast Enterprises12Community Opportunities, Inc.91Madison County Sheltered Workshop67Springfield Workshop13Community Sheltered Workshop43Manufacturers Assistance Group (MAG)68Specialty Industries of St. Joseph, Inc.14Cooperative Workshops, Inc.64MERS Goodwill69Ste. Genevieve County Sheltered Workshop15Cotton Boll Sheltered Workshop44MO Community Improvement Industries, Inc.70Stoddard County Sheltered Workshop16Crowder Industries45Monett Area E.E. Workshop, Inc.71Tantone Industries, Inc.89Current River Sheltered Workshop46Monroe City Sheltered Workshop18Temco, Inc.17Doco, Inc.48Northeast MO Sheltered Workshop, Inc.72Three Rivers Sheltered Industries42Earthwise Industries49Northwest Missouri Industries, Inc.23Unified Services80Enhancements47Nocomo Industries, Inc.74Unique Services, Inc.92Gateway Industries50Opportunity Enterprises, Inc.20Valley Industries22Handi-Shop, Inc.85Opportunity Sheltered Industries76Vocational Services, Inc.24The Helping Hand of Goodwill Industries-EESW51Opportunity Workshop, Inc.77W.A.C. Industries, Inc.93Henry County Sheltered Workshop84Oregon County Sheltered Workshop78Warren County Sheltered Workshop, Inc.25Hope Haven Industries, Inc.52Ozark Sheltered Industries, Inc.79Web-Co Custom Industries, Inc.26Job1One53Pemiscot Progressive Industries81Worth Industries, Inc.27Ideal Industries94Perry County Sheltered Workshop95Burrell Working Solutions28Industrial Aid, Inc.54Pike County Sheltered WorkshopDESE 3752-3 Rev 7/12EXTENDED EMPLOYMENT CERTIFICATION SPECIALISTSNORTHWEST and NORTHEAST REGIONSJim Pawlowskijcp1234@stjoellve .com3301 Chris Hessler Rd. Saint Joseph , MO 64506(816) 232-9749Northwest Counties : Andrew ,Atchison, Buchanan, Caldwell, Carroll, Cass, Clay, Clinton, Daviess, DeKalb, Gentry , Grundy, Harrison, Holt,Jackson , Johnson , Lafayette , Livingston, Mercer, Nodaway , Platte, Ray, Saline,WorthNortheast Counties : Adair, Audrain, Chariton,Clark , Knox, Lewis, Linn, Macon, Marion, Monroe, Pike, Putnam, Ralls, Randolph, Schuyler , Scotland , Shelby, SullivanSOUTHWEST and CENTRAL REGIONSJim Terrilljjterrilt2@16951 N. Route U Centralia, MO 65240(573) 696-5523/Fax: (573) 696-0556Southwest Counties : Barry, Barton, Bates, Benton, Cedar , Christian, Dade, Dallas, Douglas, Greene, Henry, Hickory, Jasper , Laclede, Lawrence, McDonald, Newton, Pettis, Polk, St. Clair, Stone, Taney ,Vernon , Webster, WrightCentral Counties : Boone, Callaway , Camden, Cole, Cooper, Crawford. Dent, Gasconade, Howard, Howell, Maries, Moniteau, Morgan, Oregon, Osage, Ozark, Phelps, Pulaski, Shannon , TexasSOUTHEAST REGIONMarty Haselhorstmarty.haselhorst@10046 Grant Meadow Ln. Saint Louis, Mo 63123(314) 544-0948Counties : Bollinger, Butler, Cape Girardeau, Carter , Dunklin, Franklin, Iron, Jefferson, Lincoln, Madison, Mississippi, Montgomery, New Madrid, Pemiscot, Perry, Reynolds, Ripley, Scott,St. Charles, St Francois, St. Louis City , St. Louis County , Ste. Genevieve, Stoddard, Warren, Washington, WayneVocational Rehabilitation OfficesCentral Office VR3024 Dupont Circle Jefferson City, MO 65109 Phone: (573) 751-3251Fax: (573) 751-1441Toll free: (877) 222-8963Jeanne Loyd, Assistant CommissionerNevada VR621 E. Highland, Ste 2Nevada, MO64772-3971Phone: (417) 448-1332Fax: (417) 448-1351Toll free: (800) 598-3471 Raymond Drake, SupervisorCape Girardeau VR3102 Blattner Drive, Ste 103P.O. Box 1087Cape Girardeau, MO 63702-1087 Phone: (573) 290-5788Fax: (573) 290-5921Toll free: (877) 702-9883 Janet Childers, SupervisorPoplar Bluff VR1903 Northwood Drive, Ste 3 Poplar Bluff, MO 63901 Phone: (573) 840-9550Fax: (573) 840-9551Toll free: (800) 281-9894 Jesse Sitzes, SupervisorChillicothe VR603 W. Mohawk Road Chillicothe, MO 64601-3919Phone: (660) 646-1542Fax: (660) 646-9741Toll free: (866) 572-4049 Robert Zirfas, SupervisorRolla VR1101 KingshighwayP.O. Box 550 (65402-0550)Rolla, MO 65401-2922Phone: (573) 368-2266Fax: (573) 368-2382Toll free: (800) 890-2867 Clarissa White, SupervisorColumbia VR1500 Vandiver Drive, Ste 111Columbia, MO 65202-1563Phone: (573) 441-6327Fax: (573) 884-5250Toll free: (877) 222-8961 Rebecca Largent, SupervisorSedalia VR2115 W. BroadwaySedalia, MO 65301-2114Phone: (660) 530-5560Fax: (660) 530-5567Toll free: (800) 924-0419 Laura Wallen, SupervisorFarmington VR901 Progress Dr, Ste 100P.O. Box 230 (63640-0230)Farmington, MO 63640-9157Phone: (573) 218-6100Fax: (573) 218-6107Toll free: (800) 640-7110 Jesse Sitzes, SupervisorSpringfield North VR613 E. KearneySpringfield, MO 65803Phone: (417) 895-5863Fax: (417) 895-5869Toll free: (877) 222-8965 Anita Michel, SupervisorHannibal VR112 Jaycee DriveHannibal, MO 63401-2275Phone: (573) 248-2410Fax: (573) 248-2409Toll free: (877) 222-8960 Jo Moncrief, SupervisorSpringfield South VR1735 W. Catalpa, Ste C Springfield, MO 65807Phone: (417) 895-5720Fax: (417) 895-5725Toll free: (877) 222-8967 Kimberly Conrad, SupervisorJefferson City VR1500 Southridge Dr., Ste 200 Jefferson City, MO 65109-1135 Phone: (573) 751-2343Fax: (573) 526-4474Toll Free: (866) 661-9106DeeAnn Fuller, SupervisorSt. Charles VR3737 Harry S. Truman Blvd., Ste 400 St. Charles, MO 63301-4052Phone: (636) 940-3300Fax: (636) 940-3313Toll Free: (855) 283-2681Janis Miller, SupervisorJoplin VR801 E. 15th Street Joplin, MO 64804-0804Phone: (417) 629-3067Fax: (417) 629-3148Toll free: (877) 222-8964 Keith White, SupervisorSt. Joseph VR525 Jules, Room 201 State Office BuildingSt. Joseph, MO 64501-1990Phone: (816) 387-2280Fax: (816) 387-2089Toll Free: (877) 702-9876John Arellin, SupervisorKansas City Downtown VR615 E. 13th Street,Suite G-3 Kansas City, MO 64106-2870 Phone: (816) 889-2581Fax: (816) 889-2586Toll Free: (866) 971-8568Teresa King, SupervisorSt. Louis Downtown VR220 S Jefferson St, Ste 110 St. Louis, MO 63103 Phone: (314) 877-2940Fax: (314) 877-2959Toll Free: (866) 971-8569Jeather Smith, SupervisorKansas City East VR243 N.W. Executive Way Lee’s Summit, MO 64063 Phone: (816) 251-0600Fax: (816) 622-0610Toll Free: (866) 831-1363Jay Robertson, SupervisorSt. Louis North VR4040 Seven Hills Drive, Ste 257Florissant, MO 63033Phone: (314) 475-7999Fax: (314) 877-3201Lydia Mitchell, SupervisorKansas City North VR310 N.W. Englewood Road, Ste 300Gladstone, MO 64118-0040Phone: (816) 467-7900Fax: (816) 467-7924Toll free: (877) 270-0198 James Ankrom, SupervisorSt. Louis South VR3248 Laclede Station Rd St. Louis, MO 63143 Phone: (314) 877-1900Fax: (314) 877-1920Toll Free: (877) 222-8968Claire Beck, Dist. SupervisorKansas City Transition VR243 N.W. Executive Way Lee’s Summit, MO 64063 Phone: (816) 251-0611Fax: (816) 622-0618Toll Free: (866) 831-1363Tamara Marshall, SupervisorSt. Louis West VR9900 Page Ave Ste 104 St. Louis, MO 63132 Phone: (314) 587-4877Fax: (314) 877-1530Karen Klenke, SupervisorKirksville VR1612 N. Osteopathy, Ste B Kirksville, MO 63501-2759Phone: (660) 785-2550Fax: (660) 785-2552Toll free: (877) 222-8962 James Higgins, SupervisorWest Plains VR3417 Division Drive, Ste 2 West Plains, MO 65775 Phone: (417) 256-8294Fax: (417) 256-8479Toll free: (877) 222-8959Gwen Jackson, District SupervisorGOVERNMENT AGENCIESWorkshops have contact and interaction with a lot of governmental agencies. This section is included to help acquaint shop boards and management with some of these agencies and how they related to the workshop.FEDERALU.S. Department of Labor (Wage and Hour Division)-DOLThis agency provides a certificate to workshops which allows them to pay sub-minimum wages. Initial contact with DOL will be to request an application for a special certificate. Contacts for the state of Missouri should be made with the DOL office in Chicago. The contact person is Nicole Howard (312) 353-7247. This special certificate, of course, entails a great deal of scrutiny by this agency. The certificate must be renewed every two years. One should be provided with a packet of forms to complete prior to each renewal date. It is imperative that you submit this renewal in a timely manner. It may be prudent to send this renewal by registered mail to assure it arrives prior to the date required. It is critical that a shop pay wages in accordance with the rules set forth by DOL. Assistance relating to proper procedures can be obtained through the Section of Sheltered Workshops in Jefferson City. Shops are subject to labor department audits and a number of shops have been subject to sizable findings for back wages and fines. Keep in mind that non-disabled staff are subject to the Fair Labor Standards Act (FLSA) as well as the certified employees. Web Page: . Department of Labor (Occupational Safety and Health Administration)-OSHASheltered Workshops are subject to the very same safety and health rules as any other business. Maintaining a safe work environment for your employees is a critical responsibility of the board and management of a shop. Failure to maintain a safe work environment can lead to hefty fines and increased worker’s compensation premiums. The section of Sheltered Workshops can provide mock OSHA inspections and assist in compliance with OSHA rules and regulations. It is the responsibility of management, however, to make sure that the shop maintains this compliance. Web Page: Security Administration-SSAThe Social Security Administration provides many employees in the workshop with supplemental security income (SSI) and Medicaid coverage. As employees’ progress and their productivity improve, their SSI and medical coverage may be jeopardized because they are earning too much money. There are options for the employees to maintain Medicaid coverage even if they lose their SSI payments. This is provided through Section 1916b.Questions regarding this procedure can be answered by calling Gary Seaworht. Your shop will be asked by the local social security office to provide them with pay records on employees who are receiving SSI benefits.Web Page: Revenue Service –IRSInitial contact with this agency will be when the corporation applies for exemption from paying income taxes under section 501c3 of the Internal Revenue Service Act. This application takes approximately six months to obtain and is necessary for workshop certification so it is important that it be applied for in a timely manner. This exemption only provides that the workshop will not have to pay income tax on profits made and does not exempt shops from other requirements, i.e. payroll withholding, filing of tax returns (Form 990), etc. Sheltered Workshops are subject to payment of income tax withholding and FICA as is any other business. It is critical that these be paid in a timely manner. Penalties on late payments are quite high and failure to pay these can become a personal liability for board members. It is also critical that you file a not-for-profit income tax return (Form 990) each year on your operations. Failure to do so may result in loss of your 501c3 not-for-profit status and loss of your state certification.Web Page: of Elementary and Secondary Education Sheltered Workshops-DESE EESWThis is the office which drafted this manual and provides the shop with state aid each month. We provide oversight to assure that workshops are providing employment to people with disabilities and complying with federal and state rules and regulations. We do this by offering technical assistance and advice. Technical assistance and advice from this section can range from safety inspections and training, to personal consultation on numerous issues.Web Page: of Elementary and Secondary Education Vocation Rehabilitation-DESE VRVocational Rehabilitation has numerous offices around that state and the office that would serve you depends on your location. Applicants seeking work at the workshop can be certified by a VR counselor as not being able to work in a competitive environment prior to receiving state aid on that individual.Web Page: Department of Transportation-MODOTThis department provides some funding to assist shops to recover the cost of locally transporting employees to and from work. They also have funds available to assist shops in obtaining transportation vehicles (vans and busses). Web Page: of Economic Development-DEDThis department can be a resource for a shop in providing possible marketing information and also grant funds are available through the Neighborhood Assistance Program (NAP) to assist shops in raising money for capital campaigns. Web Page: of Natural Resources-DNRShops that do recycling have found this department to be a good source of grant funds. Generally, each year DNR disperses a lot of funds relating to recycling projects. Web Page: of Revenue-DORShops should obtain an exemption from sales/use tax from DOR when they initially receive their 501c3 exemption from the IRS. Purchases and infrequent sales to the public made by the shop would be exempt from sales tax under this exemption. Any on-going sales efforts to the general public would not be exempt under this authority however. This is renewable every five years. Just as with the IRS, workshops are subject to all of the regular state withholding and reporting requirements. Web Page: State Agency for Surplus Property (OA Surplus Property)-MOSASPThis agency provides government surplus to not-for-profits at a greatly reduces price. This surplus usually includes everything from equipment and vehicles, to tables and chairs. Shops must register with and get approval from this agency to purchase from them. Many shops have found this to be an excellent source for needed assets.Web Page: Department of Labor and Industrial Relations-MODOLIRThe Missouri Labor Department is comprised of five divisions, one of which is the Division of Labor Standards. Within the division is the On-Site Safety and Health Consultation Program, which can assist you in making your workplace safer and help avoid costly penalties imposed by OSHA. The safety and health consultants provide an OSHA-type “mock” inspection at the workplace, for free and without assessing any fines or penalties (OSHA fines for serious hazards found in the workplace increased from $849 to $2,014 per hazard). The employer always sets the scope of the visit, so the consultation can include the entire workplace or it can be limited to a specific area or phase of the workplace. Your only obligation is to correct the hazards identified by the consultant.Web Page: of Mental Health-DMHThis agency provides assistance and case management to many of the employees of Sheltered Workshops. Quite often local regional centers can provide assistance in a number of matters such as behavior problems to personal living assistance for employees. Web Page: (Developmental Disabilities) BoardThis is a local funding board made up of individuals named by the county commissioners to determine how the local tax levy approved by the voters will be disseminated. Some county boards meet monthly or quarterly and simply review requests for funding from various agencies and determine how the tax money will be allocated. Other county boards have begun providing services to individuals with disabilities on their own and account for a large share of the expenditure of these tax funds. Web Page: and Zoning CommissionMost counties will have a planning and zoning commission which shops will need to apply to when building a new building or renovating an old facility. Shops should make sure that they are in compliance with local building codes.OTHER ORGANIZATIONS (NON-GOVERNMENTAL)Missouri Association of Sheltered Workshop Managers-MASWMThis is an association of workshop managers. They generally meet quarterly to discuss issues pertinent to sheltered workshops and have training sessions. The association contracts the services of a legislative consultant to monitor legislation pertinent to sheltered workshops. Web Page: Workshop Insurance Management-SWIMThis is a pool of workshops who have joined together to provide worker’s compensation insurance to it’s members at a reasonable rate.Missouri Consolidated Health Care Plan-MCHCPThis is the organization that provides health insurance to state employees and to a large number of not-for-profits around the state. Many shops have found this insurance to be reasonably priced. Web Page: Marketing Group of MissouriA group of 30 workshops who have joined together to look at the marketing and sales strategy, and ways to increase market share.Mental Health - Human Resources - Caregiver Background ScreeningJay Nixon, Governor Keith Schafer, DirectorCrisis AssistanceProgramsAlcohol & Drug AbuseMental IllnessDevelopmental DisabilitiesCaregiver Background ScreeningHome ? Human Resources ? Caregiver Background ScreeningHuman ResourcesJob OpportunitiesEmployee BenefitsDisqualification RegistryCaregiver Background ScreeningEmployment ResourcesUnion AgreementsBackground Screening Services Screening Request FormWelcome to Missouri's Caregiver Background Screening Service webpage.The late Governor Carnahan created this service through an executive order to assist Missouri citizens in making more informed healthcare and daycare choices for family members. This webpage provides general information and links about the various services available to the public to check the backgrounds of caregivers that serve children, the elderly and persons with disabilities.Families face difficult decisions when selecting a person to care for a family member. One of the fears these families face is that the caregiver they hire has a history of abuse.This service allows families to receive background information on potential caregivers. While this service is not intended to be a foolproof way to avoid abusive situations, the service does give families valuable information to determine if a caregiver has a history of abuse or neglect.About Mental HealthThe Department Publications News Releases Topics A-ZContact Information / Facilities Job OpportunitiesCIMORContact UsMental Health ServicesDeaf Services Children's Office Employment Services HousingDisaster Services Resources for Libraries Suicide Prevention Lifeline 1-800-273-(TALK) 8255Civil Involuntary Detention Constituent ServicesFor Your InformationAlcohol & Drug Abuse Fact Sheets Developmental Disabilities Publications Mental Illness Fact SheetsFrequently Asked Questions Employee Disqualification Information Department Operating Regulations (DORS)HIPAA Security TrainingHIPAA Notice of Privacy Practice HIPAA Notice of Privacy Practice - SpanishAbbreviations & Acronyms Budget InformationReady in 3Stay ConnectedPrivacy PolicyAccessibilityGovernor Jay NixonState AgenciesOnline Services[3/18/2014 9:19:12 AM]Abuse, Neglect, and Exploitation of the Elderly and Disabled | Safety | Health & Senior ServicesJay Nixon, Governor Gail Vasterling, DirectorSearch HealthLicensing & RegulationsLicensing & RegulationsAbuse, Neglect & ExploitationAmbulatory Surgery CentersAntibiotic ResistanceNarcotics & Dangerous DrugsChild CareCNA, CMT and Insulin RegistryPrescription Drug RepositoryEmployee Disqualification ListEmergency Medical ServicesFamily Care Safety RegistryFood & Drug RecallsFood SafetyGood Cause WaiverHealth Services RegulationHome CareHospiceLead LicensingLodging LicensingNursing Homes InspectionsOutpatient HealthcareProduct RecallsRecreational Water SafetyRadiation ControlShow Me Child CareShow Me Home Care and RehabShow Me Long Term Care in MissouriAbuse, Neglect, and Exploitation of the Elderly and DisabledHome ? Licensing & Regulations ? Abuse, Neglect, and Exploitation of the Elderly and DisabledWhat is Abuse?Who can Report Abuse?What Information Do I Have to Report? What Happens After I Make a Report? What about my rights?Adult Protective ServicesThe Missouri Department of Health and Senior Services (DHSS) investigates abuse, neglect, and exploitation of vulnerable individuals 60 and older and people with disabilities between 18 and 59. These individuals may live in the community or in long-term care facilities. Either way, they are unable to protect their own interests or adequately perform or obtain services necessary to meet their essential human needs (660.250, RSMo).Missouri’s Elder Abuse and Neglect Hotline responds to reports of abuse, neglect, or financial exploitation. If you suspect someone is being abused, neglected or exploited, call the hotline at 800-392-0210. The hotline operates 365 days per year from 7 a.m. to 12 a.m. Hearing-impaired persons may call the Telecommunications Device for the Deaf (TDD), at 800-735-2466 or 800-735-2966 to utilize Relay Missouri. Due to the possible need for mandated reporters to report a concern to the Central Registry Unit (CRU) during the hours of 12:00 a.m. and 7:00 a.m. (when the hotline is not in operation), a Mandated Reporter Form is available for use.What is Abuse?Abuse happens to people of all ethnicities and income levels and can be physical, sexual or emotional in nature. For information on abuse statistics in Missouri, see Elder Abuse- It is a Crime.FY11FY10FY09FY08Abuse – the infliction of physical, sexual, or emotional injury or harm including financial exploitation by any person, firm, or corporation (660.250, RSMo).Neglect – the failure to provide services to an eligible adult by any person, firm or corporation with a legal or contractual duty to do so, when such failure presents either an imminent danger to the health, safety, or welfare of the client or a substantial probability that death or serious physical harm would result (660.250, RSMo).Financial Exploitation - A person commits the crime of financial exploitation of an elderly or disabled person if such person knowingly and by deception, intimidation, or force obtains control over the elderly or disabled person's property with the intent to permanently deprive the elderly or disabled person of the use, benefit or possession of his or her property thereby benefiting such person or detrimentally affecting the elderly or disabled person (570.145, RSMo).back to top Who can Report Abuse?Anyone who suspects someone is being abused, neglected, or exploited can make a report. Certain professionals, however, are mandated by law to report. A complete list of mandated reporters and mandated reporting laws is found in Elder Abuse- It is a Crime, page 1.back to top Missouri Department of Health and Senior ServicesPO Box 570Jefferson City, MO 65102-0570Phone: 573-751-4842Elder Abuse and Neglect Hotline 800- 392-0210TDD 800-735-2466 or through Relay Missouri 800-735-2966[3/18/2014 9:20:29 AM]Abuse, Neglect, and Exploitation of the Elderly and Disabled | Safety | Health & Senior ServicesWhat Information Do I Have to Report?See Elder Abuse-It is a Crime, page 1, for information on what to report.back to top What Happens After I Make a Report?If the alleged victim lives in his or her own home or community, an investigator will help the alleged victim determine the services or interventions needed to stop or alleviate the abuse. The services may include:Email: info@health.community supportive services, such as personal care, respite, or chore services; home-delivered nutrition services;financial or legal assistance and protections, such as representative payee, direct deposit, trusts, protective services, civil suit or criminal charges;counseling for the victim;referral to other community resources, and;when needed, guardianship proceedings or nursing home placement.If the alleged victim lives in a long-term care facility, the department’s Division of Regulation and Licensure staff conducts an investigation. Complaint investigations are handled in accordance with state statute. Reports or complaints are generally initiated within 24 hours. For more information, contact us or email info@health..back to top What about my rights?A competent older person may refuse all services and interventions. No decisions are made about a competent adult without her or her involvement and consent.A facility resident has the right to:be free from mental and physical abuse; be informed of their medical condition; select their own physician;participate in planning their care; refuse treatment;voice grievances;be treated with respect and dignity; and have treatments provided in privacy.For adults participating in the Protective Services Program, consideration is given to the following inherent rights:self-determination protection confidentialityparticipate in care planning receive assistancerefuse servicesrefuse medical treatmentAll programs stress the competent adult’s right to make decisions regarding care.back to top Adult Protective ServicesFor community-dwelling adults and persons with disabilities, the Department of Health and Senior Services provides Adult Protective Services (APS). Protective services are provided on behalf of eligible adults who are[3/18/2014 9:20:29 AM]Abuse, Neglect, and Exploitation of the Elderly and Disabled | Safety | Health & Senior Servicesunable to:manage their own affairs;carry out the activities of daily living; or,protect themselves from abuse, neglect, or exploitation which may result in harm or a hazard to themselves or others.The purpose of Adult Protective Services is to:promote independence;maximize client choice and provide for meaningful client input for preferences; keep the adult at home by providing quality alternatives to institutional care; and, empower the older adult to attain or maintain optimal self-determination.back to top About DHSSOffice of the Director Boards and Commissions DHSS Organization Employment Opportunities Applications and Forms HIPAARecent News and Public Notices Contact InformationUseful linksSite A to ZState Public Health LaboratoryLocal Public Health AgenciesBirth and Death Records Child Care Information Family Care Safety RegistryPrograms & Services Narcotics & Dangerous DrugsWIC ClinicsFood & Drug Recalls Email the Department Employee Email Web AccessStay connectedPrivacy PolicyAccessibilityGovernor Jay NixonState AgenciesOnline Services[3/18/2014 9:20:29 AM]Surplus Property | Missouri Office of AdministrationOFFICE of Governor Jay Nixon Find an Agency Online ServicesSearchearcAccountingBudget & PlanningCommissionerFacilitiesGeneral ServicesITSDPersonnelPurchasingPurchasing & Materials ManagementBidding & ContractsCooperative Procurement Services State Recycling Program Surplus Property About Surplus Property Program Directions and Hours of Operation Federal Surplus Property Program Public Auctions and Sealed Bids State Surplus Property ProgramContact InformationSurplus Property 2846 Highway 179Jefferson City, MO 65109 surplusmail@oa. Phone: (573) 751-3415Fax: (573) 751-1264Toll Free: (888) 295-7796Surplus PropertyHomeThe Missouri State Agency for Surplus Property (MOSASP) program is the Materials Management area of the Division of Purchasing and Materials Management.State Surplus Property (Not Available to the General Public)Federal Surplus Property (Not Available to the General Public)Agency ClosedNo closing dates at this time.Fixed Price Vehicle Program (Not Available to the General Public) updated 2/19/14Public Auctions & Sealed Bids Public Sale Notification ApplicationOther Links of InterestSuccess StoriesTop Donees of 2012The Missouri State Surplus Property (MoSASP) agency prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program.About OA.ADA Information Accessibility Privacy Policy Contact UsJob OpportunitiesOA ProgramsDisability Portal MOTECMissouri Accountability Portal Missouri Cyber Security MoBroadbandNowTransform MissouriUseful LinksEmployee Phone Directory Employee Self Service Portal (ESS) Missouri Relies on Everyone (MORE) OA News ReleasesState Employees Travel Portal State of Missouri Real Estate OpportunitiesGovernor Jay NixonCommissioner Doug Nelson[3/18/2014 9:21:30 AM]BOARD OF DIRECTORSORGANIZATIONAL CHARTBoard of DirectorslExecutive DirectorPersonnel ManagerlRehab CoordinatorBookkeeperlReceplionisVPayroll Clerk+SupervisorsWarehouse SupervisorSales/MarketingMaintenan?ce SupervisortTruck Driver?BOARD OF DlRECTORGENERAL INTRODUCTIONOne of the greatest challenges in the volunteer field today is the s1ewardship of the nation 's non? profit organizations ( PO). The profit moti ve is unimportan1 in most of Lhese commuruty agencies. except sheltered work.shop . The need for efficient and effecti\ e management is becooung increasingl y 1mponant to the survival of sheltered work.shops.The voluntary board of directors of the workshop is the key Lo the programmatic and financial success of these organizations and may well detennine theJr fut ure.Ye1. in spi1e of lhe board's imponance in the management of communn y programs and services. many board members are inadequately trained and, often 001 selected for the lime. interes1 and the expertise they must bnng t o the workshops. Because of the increasing imponaoce of the role of the board in providing leadership to sheltered workshops. many Board members are finding that lhey mUS1 spend more ume m this volunteer actjVJcy. A recent survey by Touche Ross of30 busmessman and businesswomen wbo serve on oon-profil boards revealed that half of themsaid their du6es required five to ten hours a month . Twen ty-five percent mdicated lb.at thedemands on their 1ime averaged eleven to twenty hours a month. A few served more than twenty hours a month . ··one reason for this e."tpenditllre of time is the i ncreasmg COD'f>lexiry of fiscalresponsibility ....as mflation sends the bills soaring. beuer budget ing and fiscal management havebecome a necessity.''1CcrtamJy. if a candidate for Board membership does not have adequate time to commit to the a1Ta1rs of the workshop , he or she should decline to accept membership . Likewise, existing directors who do not have enough t ime to devme, should seriously consider resigning.Many boards arc beset with problems they find difficult to resolve. Many do not receive. nor ask for. the detailed information needed to understand what 1s happening wnhin their agency. Some, who are receiving good informauon. do not take the Lime to study and understand lhc material.Without obtaining this infonnation or absorbing ithen they get it. development of poUcy. establishment of goals and objectives. good dec1s1on-making and overall management becomes difficult , if not impossible.Much of the fault lies with those recrulttn g for tl1e1r board . Prospecu ve members are often told .··You won 't have much to do. AJI you have to do is anend a short meeung every month, etc:· ReaUst icaUy. when they get mto it, they find that is takes much more time than they were led 10 believe . When trus happens.what should they do? Usually, they s1ay on that board and do what I.hey can with the amount of ume they can spare, which 1s often not enough.Another problem is the unusual nature of workshops and the amount of t ime it takes to learn about them. and tbe mcreasmg flow of information that must be absorbed ond digested. You rrugb1 Lh.in.k lb.at any intelligent person.especially one experienced in the business world. would be able to ma.kt: good decisions about the management of ::t workshop, even if he doesn't know much about tt . Tuts ts not Lrue. Workshops. though they have a manufacturing or bustness component . are not like another business. They are non-profit and use State and County tax doUars.I1The Touche Ross Survey of Bu siness Executi ves onon-Profit Boards. Touche Ross& Company. 1633 Broadway,ew York.ew York. 10019?The problem of many non-profit boards are that the board often does not know what it should have or can reasonably expect from the top management of the workshop. A member of theboard of a smaJI community agency. when told that lhe board should have an inoomelexpendicurc repon monthl y saui...Ob. can we ask for that?" That may seem a bit extreme to some moresophi sticated board members.bul there are people serving on community boards who don 't know what they can have. or should expect . Isador Salkind said... .. .we hnve discovered that an alamungly high portion of board members don ·c rea lly know what their JObs are, or how they are supposed to function as board members.·'1\\'hat 1s a Board?The board 1s the legal representau ve, the tnJstee of the community. .11 is organized to guarantee that the agency continues to meet the needs of the hand1capped in the communi ty and that the purpose and mission of the agency is cont inued . The board is a lso mandated by the community to see thnt 111e financial base remains intact and secure enough to meet the continuing aod changmg needs of the handicapped . ln order to do Lbis ·they must operate efficiently. Jt may seem to some that they could operate Jess efficiently because they are erving on a non-profit board In acru.aliry, they should operate more effectlVely because of their respoasibihty to the coannunity. since some tax dollars (about 25% of total mcome) are i nvolved and the management of the workshop 1s very difficult . "The assumptfon made by many board members that inefficiency and ineffect iveness can and should be tolerated to a greater degree in not-for profit settings....can be very damaging. lf people are t o be servt:d efTecuvely, then boards of directors must operate efficiently''. Resoon sibilitics of the Board of Di rectorsJn previous sections. we have mentioned bnefly some of the general responsibil ities of the boardsuch as commttment to and knowledge of the workshop and its operations.It is important at the outset to accept the premi se that the management of any non-profit agency PO) is SLOlllar to operating a profiL-making business. lbat is, n can be managed in such a waythat 11 can make a profiL There 1s a general misconception that a non-profit orgaruza tion cannot , legally. mnke a profit. This is not the case at all. There is no reason why a non-profit agency cannot make a profit !f l.hat profit is used to enhance and funher Lbe mission and purpose of the orgamzation .and does 001directly benefit lhe board or top management . There are manyreasons why an NPO should make a profit if at all po sible.i f for no olber reasoo than to accumulate opcraung or worktng capnal . Thls means that the conduct of all aspect s of the agency's finances and services should be performed m an efficient. orderly and businesslike way . The financial records must be c-0mplctc and accurate. lnfonnation systems for decision making must be established and maintained . Productive expectations for employees must be spelled out. Services provided to handicapped people must be work oriented.?Js.ador Salkmd. "How to improve the Management of the Rehabili tation Workshop .lnrroducti on to ..Board of Directors". Pg. 30, University of Snn Franci co. 1 977.Joseph Weber, "Managing the Board of Directors., The Greaterew York Fund. Jnc. Pg. 6.2?The Mission and the PurposeThe board must aJso detennine the mission and purpose of the sheJtered workshop, to evaluate it frequently and to change il if necessary . This ties in, somewhat with the need detenrunation iTI looking at the available markets. "Marketing plans...must stan with a definit ion of the mission of the organizat1on. What is the orgaruzation in business to accomplish? Wbat ben efits does it seek? The Mission must define the overall need ...··Where is this mission statement found? lt is usu.ally a pan of the articles of incorporation which must be fi led with and certified by the Secretary of State of your respective State. Generally. it is al o found in the bylaws of your corporation . These documents are necessary for tax exempt status from IRS and frequently required by other Federal and State reguJatory agencies. h is found in your original file when you began operacing.Development of PoliciesOne of tbe most important duties of the board is to establish. evaluate. maintain and change the policies lhat will accomplish the purposes of the organization. Webster says Lhat a policy is ."a definite course or method of action selected from among alternatives and in light of givencon djtions to guide and detennine present and future decisions." Since a non-profit organiza tion is constantly changing, poJ icies must be reviewed and changed frequently. As John Gardner wrote several years ago, ..Organizations must have some means of combating the process by which they become prisoners of their own procedures. The ideas grow fewer as tbe work.shop grows.·?There are some good reasons for the empbas)s on policy development:Policies aid management by provi dmg guidelines for applying comrol measures.Policies aid management in coordinating and integrating managemenl funct ions and promote cont inuity iI1 managemenl performance .Poltcies simpl ify and facilitate consistent dec1s1on making.It should be stated emphatically that all policies sbouJd be in vniting. dated and made available toaJ l workshop staff.Bas1call y. there are two types of policies:I . Management : These are concerned with planning and controlling:delineating responsibility and authority for all management functions: guidelines for delegation; developing the organization structure; guidelines for the preparation, revie and approval of budgets .?2. Personnel : These policies dt?Jll wnh the selection. hinng. evaluation. discipl ine, grievances and lhe firing of employees: development of compensauoo schedules and fringe benefits: the training and development of stafT.3?Hinng the ManagerThe selection and hiring of a general manager is without a doubt the most imoonant single task the board will undenake and it seems to be one of the most difficult for most boards. Because of the imponance of this responsib ility, it should be done carefully and without baste.The manager must provide leadership and have the ability to make sound judgmems and cffecn ve decisions in a multitude of areas. The manager must know how to uulize the workshop 's resources, i.e..staff. buildings, money and reputation to efficiently carry ou t thepurposes and goals of the orgaruzauon. and must be able to achieve results through the utihzauon of those resources. The selection of an individual with these capabihties is not an easy task.While there may be 'Orne guidelines for the board 10 follow there are oo hard and fust ruJcs forselect ion. Perhaps the best single rule to follow 1s to check out carefully the success inmanagement in similar workshop or in other management experiences. There arc two very i mportant wks for the board to do dunng this process:I . Establi.sb perfonnance standards. What do you expect the mannger to accomplish and witlunwhat time frame?Be specific..,Morutor perfonnance agamst these st.andards frequently during the first few months .?Develop both shon and long term goals with your new manager . Tius will give the boardand the manager an idea of what has been accomphshed .A good manager will prove mvaluable to lhe board. if accepted and trusted by the board . lf the manager 1s good. he or she. will save lhe board valuable time by moving ahead and getting lhings done.Insuring f jnancial SuccessThe board must work diligently in order to guarantee the continued stability and financial success of the orgamzallon . ln order to do this. it 1s imperat i ve that suffic1en1 t ime be spent by all members of the board to understand the operation of the work.sh op and to deal an depth with any financiaJ problems. As duectors, board members have a legal and moral obhga1jon to keep themsel ves fully infonned about the organization. its finances. and its total operauons.The budget is always at the center of the workshop's financial structure. While a budget is usually recognized as a guidehne. it is imponant Lhat it be as accurate as possible, and be carefully reviewed by the board before approval. During the re"1ew process evcraJ qoesttons should be asked:I . Are expenses in any line ilcm unusuaJJy high wben compared to last year '! tf o. why?2. Are income projections fairly c-0ns1stent Wlth last year's actual income? (Get a breakdown of sources and amounts of income).3. How accurate are employee projections? How dothey compare wnb last year?Arc customers sa11sfied with the quality of the work being performed? (Will they use Lhcworkshop next year?)4?The board should be sure that the budget is cons1s1em w1lh the goals and objectives of the organizat ion. This is a lso the time to pay atlen11on to trends noticed during the pas1 year, and take acnon accordingly. Since I.he budget 1s a flexible instrument , ll 1s necessary that the board examines, lhrougbout the year.how actual income and expenses compare Wlth the budgeted figures. This should usuall y be done monthly.Since salanes and benefits compri se roughly 70 percent to 80 percent of most workshop budgets. the board should concentrate he.a viJy on tlus ncm. Are saJanes and benefits adequate? What percent i ncrease should be given this year'! This last quest ion is an tmportam .yet del icate one. especial ly when dealing with top management salaries. However. it should not be avoided. It is our opinion that the board should suwe to keep good management and staff by paying good salaries and giving adequate benefits. Smee good workshops are the dtrecl result of good stnff. 1t seems shortsighted to try to save a few dollars on salaries, at ·lhe expense of quality. AJso, h is expensive to keep hiring and training new sta ff.The State Law requires an independent CPA firm perform a complet e audit. It is imponant that the board require tha1 this be done since they are legally and directly responsible for the workshop 's linanc1nl condition. At tbe completi on of the audit, the CPA, m his report to the board. may give several suggestions for more efficient systems I.hat will insure more adequate control and accurate reporting of the workshop·s financial structure.There are other ways the board can insure the financiaJ success of the organization .Determining ways of geni ng additional funds into the workshop.Assisting in the workshop ·s pubbc relations program.Establishing a program to solici1 trust funds or money from will s and bequests.Speaking at service clubs. churches and in media .The individual members of the board can be "ery helpful to the workshop if they will use their abilities and influence to guarantee the financial success of the workshop they manage.Manngemcnt lnfonnation Svstem.o;The board should expect that , at every board meet ing, they wilJ get all the information they need to oversee the affairs of the workshop . And .ttu s tnfonnat ion should be current to the ti.me of the meeting. The board must depend on their manager lo develop an adequate and accurate management mformau on system. The system should include program and financial data ._ Program mfonnation should provide answers to the following questions. at a rrunimum: How many employees were employed lhis month? Over the past few months.1s there a trend up or down?Financial data should pro"ide.at least .the following infonnauon.I . An analysis of the status of each contract.Paya bl. Are bi lls being pa id on lime and d1 counts received??Re;:eci wables . Who owes money. and for bow long? Whal is being done 10 coJlect . to bnng money m foster?. invent ory. Js the turnover ratio adeq uate to your business?s5. Cash Posi11on. Is It adequate to pay bills and meet payrolls?Whlle i1 1 1mpona.nt that the board has adequate and accurate tnformauon. they cannot gel mvolved too specifically in the de1ails. It is a waste of the board·s tJme to look at. discuss and approve every mvo1ce: approve every purchase to be made nod to sign every check for payment. I f the data being presented 1s complete and accurate enough for the board to pi npoint problems, and if tbey delve into these problems immedfately. then they o.re fulfilling their responsibility.The board must not accept management recommendations alooe. It should be willing ask, study, and debate important questions. Directors should insist on recei ving adequate mfonnation and acuon proposa ls from management to aid in makmg these decisions.Board Meet ings and the Minute:.The board must meet often enough to effectively manage and oversee the affairs of their co:rporau oo. Courts have held that boards of directors can only act as constituted boards whenthey are assembled for that purpose. They cwu1ot act officwlly in iodjviduaJ capacities outside of a formal meeung. The board meet mg must be properly called. convened and operated on a democratic basis. Mosl workshop boards meet monthly C'XC(f..>I during the summer m.ooths when the executive com.mmee handles any urgent business . Some boards meet quarterly. It is up to each board to determine how often they need to meet lO assure themselves tha1 they are meeting the legal and ethicaJ considerations of lhctr rcspon.sib1Hty.Purpose of the MinutesThe minutes record tbe official actions of the board. but Lhey arc not quasi-legal documents . They can be as simple as a smgle page recording just the decisions that were made. Or.they can be many pages and record the entire discussions Lbat took place. Regardless of the format used. they should be clear.Bask mformat ioo should include the date, t ime. members present (has a quorum beeo reached?), the reading and approval of nunutes of the prev1ow meeting and the names of the chairperson and secretary (who should officially sign the origmal document). The mmutes should be kept in a safe place and filed sequentially. All documents referred to in the mmutes should be attachedto the IDJJlUtes and become a part of tbe official record .The board wil l probabl y, at a minimum. want a record kept of summary dfacussaon. consensus dec1s1ons (those not requinng a formaJ vote), the actual wording of the motion. an indjcation that the motion was seconded (It is not necessary to record who made t.hc mo110n or seconded it ).and the statement of the chainnan that lhe mouon passed. or failed to pass.It 1s not necessary that the Secretary of the board actually take the mmutes. Many orgam7.auons use an employee. usually a secretary who takes and transcribes shorthand . M inute are typed i n rough draft. approved by the manager and lhe Secretary of the board, and retyped in final form for the Secretary's signarure.?otice for meetings should be sent out m advance with enough lead time to meet the demands of the corporation bylaws, but not too far ahead of the meeting. Being busy people, board members often forget the meet ing if notified too far in advance. A good system to follow is to set up all meetings for the year, distribute it lo the board with the request to JOI them down on the ca1cndar6assoon as they get back lo the office.or home. cod ou1 a nonce one week in advance and. tb'--n.call them t.he morrung of the meetingThe nouce hould alin lude the agenda for lhc meeung. h 1s \\ itie for I.he manager and the cba1rman to decide JOmt ly what items should be on lhe agenda.Relauonsh1ps wuh the ManagerThe rcla11onsrup of 1he board \vtth the mn.n.ager 1s a U"Oublesome one m many workshops. If thJ relauonsbip 1s unsteady i1will adversel y influence the whole work.shop. lt i in the best mtcrcst s of the board to maintam a good working rela11onstup. Tius rela11onsb1p can best be de cribcd as a partncrstup.with each partner rec-0gmzing and respect mg the other 's prerognt1-..es andrespons1b1hues. h has been said that the board dc:velops and establishes policy aod that the manager cames 11 out However. llus 1s too pat and not usually the case. Often. pohc1e. are determined by adnunistrativc sta ff, and later approved by the board . AJso, on many poJk1es or decu1ons.the manager pm,1dcs persorutl and professional opurion and Judgment "The board 1s concerned pnmanly wnh decisions which define the nature and purpo se of theorgaruzation...the admmistnuc must decide how 10 accomph b the stated mis ion and purpose of the organization ...... For example.if the board says...We want a management system that will grve us the following mforma11on (and specifies what information they want), it is the manager 's responsibility to determine how 10 develop ·ucb a system. There are several principles that should be in operallon in Lh1s relaltonsh1p.The board makes independent decisions. Jt i never a rubber stamp for I.he manager's \iew or desires. However. they do not ignore or r:efu e to consider lus recommendations and advtce. After considering aU sides of an 1 sue they, collecuvel), make a d?1s1on based upon thei r best J udgment.The board does not assume management functions. "Askmg someone to reach a certain goal 1 pohcy: cstabhshing rules as to how that goal must be reached is operations. and sbouJd be Jen to the D1rector s and staff s handling . This 1s one of 1he major areas in whkh boards often overstep.10 the: detnment of the facility ·s well bemg... <What are some of these management funct ions that boards should teer clear of?I . Recru1tmenl, eJec11on and evaluation of taff (except 1he manager)4 David E. Shcreiber, "Man uaJ for Community Board".Purpose and Fonnation of the Board . Pg. 13.Alfred E. F. Sterri."Serving the Board of Directors of a Rehabil itation Facility'' State ofCaliforn ia. V.R. Dept., Pg. 20. I f the bonrd has any questions abul the judgment orwisdom of thei r manager, they shouJd dl cuss this with him pri vately and neverundenni ne his sroture or authority. The competent manager will be a liaic;on berween the board , the customers, the staff and the c-0mmuniry at large. The competent board will provide support. guidance and counsel t o manager and y,..jJI tru. t and respect his or her?They hould select him or her wi th th1s in mind . Jf their relationship isjudgment.carefully nunured and protected, the work hop will run smoother. the board wilJ have fewer pmblems, and. ultimately, the handicapped employee will benefit.?.,Resol ving staff compl amr.s and differences. A policy for unresolved probJems/compJaims should be made but in most ca cs. it i the administrat ion 's responsibili ty.Spending approved budgeted funds. The board must appro\e expenditures that have not been previously budgeted. A lso.the budget m ight need revision. during the year, if income 1s lower than budgeted. nus cou ld effect (or require) approval by the board of spend ing budget ed funds.Ongoing commum cal1on with cust omers, includ i ng negotiat ion contacts and agreements.5. Ordenn g supp!Jcs. eqwpmenL. etc.Building maintenance. repai r and remodelingegot iatj ng (and signfog) lea cs for space needs.Some bo'1nb seem to like to become wvolved in the program and SeTVlce functions. fbesc. too. are under admmistrat1ve control. Boards shou ld not become 10volved m screening employees. dealing with customer compla ints or in otherwise providing services to employees. Although many board members have done it. and some are professionally qualified.it .rarely works out well.However, one word of caution. If the board has any reason to quest ion the methods or manner inwbJch management 1s perfomung. they sbouJd do so openly with their manager. TI1i "hands off ' principle is not stated here to attempt to exclude the board from knowing what is going on . The board has the right to know everything about the workshop. h is rather m terms of the partnerswp relat1onsbJp wi th the manager that this pnnciple is stated. The whole organizati on runs smoother if one partner does not m fnnge upon the responsibility of the other.The board publ icly suppon s the manager. There shouJd never be any doubt with any staff, funding sources.or anyone m the communn y that the manager represent the board and the workshop. The wise manager will keep the board informed and involve them personally in difficult negotiations with funding sources. However. the board never becomes involved in this area independently of thei r manager. This also true of staff relati onstups. Once disgrunt led staff feel lhat the board is open to d irect and personal communication.tbe board wilJ hnve more problems than 11 can handl e. Hopefully, the member - of the board will direct the staff inquiry bac.k to the manager and then discuss It pn vately to determine the extent of the problem. As indjcated earlier.board policy should mclude a complaint structure in the event lhat theirmanager cannot, or doe not. resolve the conflict. But even m cases like that. it should behand led with the manager present. so that hjs aut.honty is never undermined .SummaryTrus ummarizat ion of a not-for-profir board of directors, its duties. responsibrnties and influence is meant for o refresher of what you already know.and hopefull y. a renunder of how unportant you reall y are as a memb<.'r of a workshop board.Being a member of the board is a great servtce, not only to the workshop, but t o tbc total local area. Quite oflen. it will be of benefit to you. also.It is the responsibility of th e board of directors to:8?I . Appoint (hm:) a competent manager .Assure the efficient operation of the corporation3. Insure proper welfare of the corporation .4 . Insure the well-bcmg of the employee .5. lnsure n fiduciary relauonstup between the corporation and the State of Missoun and other funding agencies.6. Assure good customer relations.7. Assure a good and proper image to Lhc general public.Establish bali 1c objecuves consistent''uh the laws. regufauoru,, and well-being of the employees .9. Establish overall operating policies.10. Establish. "ith the manager ' input, pcc1fic polietes and ·ecure hJs workmg acceptance ofthose polici .I I Appro\ e maJor financial maners, establishing a ma.umum figure "hicb the manager ca.aexpend \\'lthout board approval.?Maimaui and revise(if necessary) the cbaner of lhe corporation .Perpetuate the corporation by holding reguJar meeungs and appowung working boardmemlx-rs.Evaluate. on a regular basis, the operation from the financial, policy, and practical viewpoint.Ask percepti ve and pertinent questions of the manager on a regular basi s t o assure n sound operation .Comply with the annual report requiremeots of the State of Missouri Regulauons, l::.". <LendedEmployment Sheltered Workshop Section.Establish and spot-check a realistic budget wilb the assistance of lhe manager.. Take correc11ve action. at the earliest po 1ble tj me, to re ol\e problems, thereby avo1ding expansion of lbc problem .?Maintain close contact with the manaer.proVldmg a 1stance, as wcU as construcu ve cnucasm. .Mamtain a good balance on the board between bu iness, professional. and consumer (parents) representatives form the community.9?. Moi ntrun 1bc finrutcLaJ stab1Uty of the corpora1100 throu!J}i the use of reasonnble business Judgment. 1.e.? the same z<-.-st. zeolousncs nnd concern gt'-l."ll to one·s own affair!>.. Comply \\ 1th the various refllllaL1ons of federal (par1icuJarly Federal Wage and Hour Ol\-1s1on of the U.S.Depanment of Labor, and the OccupationaJ Safety and H lth Act) . late (part1cuJarly RSMo 17 .900-1 78.950).count)', and CJty reguJau ons.Provide a dignified. clean. healthful.and safe emng in which the disabled can eam at lhei.r maximum c.apacity through the provlSlon of mcarungful producuoo contracts, so that their total lives arc enriched on a progressive basti.. and so that their abilitjes rather than their dt.sabiliues are enhanced.?10FINANCIAL MANAGEMENTFiscal Management a Sheltered Workshop{SociaJ Entrepreneurship)The mo t importa n t factor in the uccess of a sheltered workshop is its a bility to function as a busi nes . The workshop ita rted to provide a business which employs persons who coulJ not be employed ot herwise . Because it is a business and more particularly , a business employing a special workf orce, fiscal ma nagement is very important. ft i importan t beca uof mherent limited profitability of such an endeavor . J t is also important due to state and federal law and gu ideli ne which relate to the special statu of the employees and the workshop itself .Financial opera tions mu st ccmform to legal requirements and should be based upon sound fina ncial planru ng and prudent ma nagement of capital, opera ting income and e pend i tures.The facility should ha ve a risk protection program adequate to preserve its assets and to compensate its staff, employees, vol un teers, and the pu bUc for reasonable claims d u tou ntoward events for which the facility is liable. Evaluation houJd be made annual) ·or more often, if necessa ry,of the needs for i nsurance and the types of protection offered . I nsu rance or risk coverage must include buildings, equipment, a nd inventory, customer's ma terials,l iabiJ ity, worker' compensation, social secu rity,and bon d ing of appropriate personnel.Sound and accepted practices should be observe in all business and industrial activities, incl u ding purchase of ma terial , saJe of products and sutxontracting .The following are some sound pra ctices of operations:The workshop should seek business onJy on a fair and competitive basis.Pricing of work performed must be left u p to the discretion of workshop managemen t. It is strongly recommended tha t a minim u m overhead factor of 100% on direct labor be u ed.Historical ly this has been a minimal percentage for most shops. A reasonable actual overhead factor can easily be obtained b · following the steps outlined in the a ttached form entitled Overhead (Attachment 1). Once this rate has been determined the shop should strive to use this overhead percentage . A sample is also attached hawing a completed form (Attachmen t 2).The proced ure used to bid jobs can easily be determined by studying lhe Time Study/ Bid Pncc Breakdown (Attachment 3) a t the end of this section. A completed sample of this form has been attached as well (Attachmen t 4).Proper proced ures for paying employees m u t be followed to maintain complianc wi th Departmen t of La bor regula tions a nd to fairly compensa te your empl oyees. Em ployees may be paid on a n hourly basis or a piece rate basis . It has been our expenence that a piece rate basis has been the mo t effective in providing incentive to employees to develop skills and?i ncrca c pay . The hou rly pay y tern ts a l mle bi t easier to ad minister however . Both areaccepted by the Department of Labor as long a proper proced u res are followed . A detailed sheet e ·plaim ng the two systems can be fou nd at th end of thi section (A ttachment 5).Probabl y t he most im portant part of any fiscal management ystem is the reportingproced ures. That , o course, starts wilh the budget. A ample bud get is a ttached (Attachment 6). Fi nancialtatements should be provided f or both management and the board of directors?each month. These ta temen ts should be completed using a n accrual basi s of acc<>u ntmg a nd include a mi ni mum of an i ncome sta tement and balance sheet. It wouJ d be most helpful to all concerned if theare done m a compara ti \'t forma t, i.e.current month actual to cu rrentmon th bud get, cu rren t mon th to ame month last year, etc.. Man) workshops u an off t he sheU accoun ting program to provide financial information each month su ch as Quick Books or Peachtree. These a re reasona bly priced and provide the versa tility that most shops nee<l .Some larger workshops with more com pl ex financial systems ma y find tha t they ned tn work withlmeone to provide them with a tailored system. A sample financial sta temen t isa ttached (Attachment 7).Cash flow is another financial concern of man y shop . Cash flow can be fairly accu rate! predlC'ted by usi ng the attached cash flow planning heet {Attachment 8). This heet should reasonabJ y predict when or if cash flow problems may occur .Due to the precariou s financial sta te of man y hops both new and old it is impera tive tha t shops plan for lean times and develop a good rela tionship with their banker . Thre are times when this wilJ be e tremel y hel pfuJ , i.e. if the tate aid payment is delayeJ for someu nf oreseen reason and the shop has a payroll to meet.Fund raising has been a critical process in hel ping workshops with major expansi ons and building projects. Major capital campaigns are diff icul t and take a great deal of work by al l partici pants. It is important that there be a real commitment on the part of those i nvol ved to make it a success. There are consultants in many communities who will assist the shop in these efforts.?OVERHEADAttachment la )Total expenses( Cost of goods sold andgeneral and administrative)................·--------blLess extraordinary expenses . . . . . . . . . . . . . . . . . C-------c )Le.ss direct labor ( include subcontract ) . . . . . (-------d)Less material cost..........................(_ e )Less non-production costs supplementedby grants, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (-------}f)Overhead expenses . . . . . . . . . . . . . . . .. . .... .. . . . g)Less state aid ..............................(}b)Overhead costs that need to be offset by)sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Overhead costs (i) I Direct labor (c) =Overhead percentage I= q·\sw\ msd.t.a \ wOf'd\ ly<NJ.it\ work\ovhd.d??OVERHEADAttachment 2a)Total expenses (Cost of goods sold andgeneral and administrative).................1,180,516b)Less extraordinary expenses.................(----0----)c)Less direct labor (include subcontract).....(271..,....1.._9.;.2._ d)Less material cost ..........................(_ 93;.,. 73;....8;;...... e)Less non-production costs supplementedby grants, etc..............................<35 ,s_o_o_> *f)Overhead expenses...........................779,786 g)Less state aid ..............................(24"-l-, _4 0_7Overhead costs that need to be offset byjsales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .538,379 Overhead costs (i) I Direct labor (c)= overhead percentage 538,379I 271,192 =1.98\ *Rent paid by Match Grant from SB40 Board??Attachment 3TIM E STUDYDID PRICE BREA KDOWNCustomerDate Job # Job Description PERSONColumn AColumn BColumn Colu mn DOPERATIONTrul 1 Time in ec /No in SampleTrial 2 Time in Sec /No in SampleTrial 3 Time in Sec./No in sampleTotaJ Second s/Total numberAvg Second per PieceProduclion Stand ard 3000 sec I Column BPiece R.a1e prev wage/ Column C1.2.3.4.'5.6.7.8.9.10.01RECT LABOR) Direel LaborB.) Mat erinl CostsC ) Overhead (A times%) D.) Tran sportation/HandlingE.) Total (A through 0)F ) Profit (o/o of E) G ) Total (A through F)??Attachment 4TIM E STUDYBID PRICE BREA KDOWNCustomerM issoyo Oepaa mem of H ea lt hDate Noye mber I . 1927 Ch arles TaylorJob II MOH 1101Job DescriptionI mmuniza tion CardsPERSONColumn AColumn BColumn CColumn DOPERATIONTrial I Time in Sec./No in SampleTria l 2 Time in Sec /No. in SampleTriaJ 3 Time in Sec fNo in sampleTotaJ Second s/Total numberAvg Second per PieceProduction Sta nd ard 3000 sec I Column sPiece Rate prev wage/ Column CI. Trifold cards at scores700/ 100500/ 100800/ 100200013006.673000/6 67$6 00/450= 0 12542. Insert cards in plastic555/ 100468/ 100777/ 1001800/30063000/6$6 00/500= 0123. Box 1000 oer box800/ 1001200/ 10001000/ 10003000/300013000/ 1S6 00/3000= 00245.6.7.8.9.100274DI RECTLABORA. ) Direct Labor. 0274E ) Total {A through D) 08345 B.) M:iterial CostsC.) Overhead (A times%)D.) Transportation/Handling-0- .0548.QQU5 _F ) Profit (% of E)G ) Total (A through F)Final Bid Price to Customer00835 09 18 $92.00 per 1.000Budget for 2002--03Budget2000-01Actual2000-01Budget2001-02Budget2002-0311900n'WWes$9101000.00$923.067.0059401000.00S9851000.00Sule Aid$340,000.00$335.853.00$3251000.00$3401000.00OonetJonsOoneUons - United wConu.ct P8ymentslnc:omeS81000.oo$12,000.00s211000.oo sz1000.oose1411.oo s121081.oo s211000.oo$3.768.00se1000.oo S91000.ooS211000.00 S2JOOO.OO$81000.00S91000.oo s211000.oo s21000.ooInterest Income$34,000.00$49,959.00S501000.oos2s1000.oo Rent.Ill Income $36,000.00$381400.00$38.400.00$38,400.00 Total Income s113631000.00s 1.392.599.00s1.393.400.00s1.4281400.00Gerwtr-.1 fxPf!(fSeS& legalss13oo.ooS51778.oo$51300.00$51800.00Adwrtislng ssoo.oo S0.00 $500.00 ssoo.oo8'Atw IU lxs>ell5eS $21,000.00 s21988.oo s51000.oo $51000.00 Mliint. Agreements S41000.oo S3z750.00 $41000.00 S41000.oo Oepred?tion s411000.oo $56,304.00 $551000.00 $58,000.00 Dues - S4absa ipt)ons $11600.00 $21057.00 $21000.00 $2!000.00Et11...,_,t Repairs $81000.00 $91553.00 sa1000.oo $81000.00lntmest Expense $0.00 S0.00 S0.00 S0.00lnsurWtOe s311000.oo $321817.00 $44.000.00 $34,000.00Maten.ts S1901000.00 $1651041.00 s1651000.00 s1761000.00?IIeel?.eotJS Elcpet15es suoo.oo S51962.oo $6,600.00 $21800.00Office fxpet ases$900.00. Sl 41166.00s1 11000.oos 11,000.00Outside Labor $6.500.00 $3,109.00 $61500.00 $37,000.00Payyol - Adt1? istn1tion $391,000.00 $433,017.00 $4261000.00 $4561000.00P8yrol - !!!,S WOfic.shop S3101000.00 $3141806.00 s3151000.00 $318.000.00P8yrul - Woric ActMt S0.00 S0.00 S0.00 so.oo hYrol - Night crew $56,000.00 $231816.00 S351000.oo s2J1000.oo P8ys"OI Taxes $581300.00 ss81951.oo ss91000.oo S601800.00Hakh "'5..-.nc:e szz.soo.oo $341030.00 $281226.00 $401000.00Rent seo1soo.oo seo14oo.oo $801500.00 $801400.00Shop fxpetasesS321000.oo$291546.00S331000.oosz91000.ooTelephot s11000.oo $6.435.00 s11000.oo $61500.00Travel s115oo.oo $900.00 $1 .soo.oo s11000.ooTrude ExpeilSe s1s1000.oo Sl 11883.00 s151000.oo s101000.ooFreight Chg S41000.oo $3.937.00 ss1000.oo $52000.00 UtlltiesS4e1000.oo$45.618.00ss21000.oos4s1000.ooBad Debt Eiq>e115e5 $0.00 S0.00 $0.00 so.ooTot8' Genera1 Expenses s113sz1eoo.oo s113441864.00 S1137 11126.00 s1141 11eoo.ooNet Income s10,200.oo $471735.00 $221274 .00 $10.600.00Comparative Balance Sheets As of January 31,2003 and 2002ASS.ETSCURRENT ASSETSPetty Cash100 00 $600 00CO - Trvstees33,025.2131,815 26Money Market Account602,182 7284,947.15CasAeg Checking358.62125240,068 71Cash-Payroll Acct760.621.209 75IBM Stock2.304 003,616 00Investment ? FNMA Note0 00199.072 2·1Accounts Receivable144,34 1.51233.163 80APow for UncoAectlble Accou(1,284 02)(??.26<1 02)Inventory10,459.908,694 S8Prepaid Expenses8 . 240.505, 734 20Interest Receivable35" f\5739 tnTotalCUJTent Anet?ll56.Qi3k11 IOS.3U 1 7PROPERTY AND EQUlPMENTOepr. Equip.431,845.36182,192. 16Accumulated Oepr.(345,0!JJ 85)(313.559 65)Building461.056 97161.056 97Accumulaled Oepr.Land(325,680 05)XI 540 oo(309.949?0)JO 540 noNet Property and Equipment305 664 Q350 280 27OTHER ASSETSOepos.lts'176 004 176 00TotalOther Auets1l7600 4 176 00TOTAL ASSETSa1. llA1miZIIi.m Z4See Accountants' Compilation Ropol1Comparative Balance Sheets As of January 31,2003 and 2002LIABILITIES AND FUND BALANCE20032002CURRENT UASILITIESAccounts Payable4,923 55$6.830 92Social Security Fund0 005.873 ?6W ithhold ng Tax0002.909 52StalJt WIH Tax1.254 791.260 36Accrued Vacation 11 sn n 9 . 931 97Unearned Postage67 213 2667 213 26Total CurTent LlabllltJes81 964 37 94 019 ? 9LONG-TERM LIABILITIESTotal Llabllttles84 9fi4 3794 019 49FUND BALANCEFund Balance1 380 969 60] 365 81125Total Fund B?lanceJ .380 969 60I 3§5 81125TOTAL LIABILITIES ANOFUND BALANCE$1m a $3':ii;i'See Accountants'Compilation Repor1Comparative Statements of Fund Balance1Month Ended1Month Ended7 Months Ended7 Months EndedJanuary 31, 2003January 31, 2002January 31, 2003January 31, 2002Begmning of Periods1,370.688 35s1.366.463 81sI,3'49,399 58s1.358.835 57>tus:Nel Income Closs)!038! 25 1619 56\ 31 570 02 7 178 68"=UNO BALANCE!ND OF PERIODsP80.as1ug il.DU.i il ll. lt:llMl2i11 1s.iaSee Accountants'Compilation ReportComparative Statements of Income1 Montti EndedJanuary 31, 20031Month EndedJanuary 31, 20027 Months EndedJanuary 31, 20037 Months EndedJanuary 31. 2002Income Sales State Aid OonaHonsDonation ·Untied Way Contrac t PaymentsInterest Income Realized Gains Rental IncomeTotalIncomes94.12836$80.882 2'2s620.322 26s588.7163625.815 8327,733 33184 146 08190.475 991.369 75100 006.877 751.266 771,038891.175 197.831 958.824 370001.750 000.0012.250 00634.311,011 836.254 1012,331.890000 00( 161 16}0 003 200 003 200 0022 400 0022 400 00 I Z!i UIZ H115:iZZ tiZ!2WIG3§311Genenll ExpenwAccounting & Legal280.00288 004,379 004,138 00Buldlng E.lcpenses2,974 660005.233 591.053 <C3Mainteoance Agreement0.001,621 658,974 853.550 85Depreciation4.376.544,851.0330,481 0333.937 75Dues-Subscriptions2.on 82(205 00)2,893.82622 21Equipment Repairs1,267 981.334.205.973.072.47009lntef9St E.lcpense0.000.0082.360 00Insurance3.661 453.099.6325.631.7520.389 87Heetth Insurance2.235334.797.8333.680.7J2s.o.9 nMaterials19.215.379,563 30121,403 1297 101 89Macetaneous Expenses174.2057.153.147.65647 47ontce Expenses97 60135 465.245 676.28841Outside Labor0.00S.355261,300.00?.172.87Payroll-Administration36,783 6636..61267.538 56263.217 32P.eyrol Reg WOlkshop27.6469027.237 13187, 192.34183,709 85Payrol TaJCeS4,835564,937.023$.327.9035.507 18P.eyrol-Night Cf8W289.28518402.845344.265 88Rent3.200.006.700 0022.400 0046.900.00Shop Expenses2,282 951,416 6918,010 2115.757.57Te4ephone543.45615.043,474.693.666.21TreveJ0 0058 59335.22311 96Truci< 8q)ense4601 11,868895,421.037,373 00Freight charges615.2'13-48 603.322 764.30250UtiliUes2 za1 as5020 75?:l ft26 ?124 M'.\ 67TotalGeneral ExoJJ580S 89118 SQ2 13818 100 96829 086 1 0111111Net Income (Lou)lQ Ml 2:i$(613 5§!$'.!' szo w$z-.1.7a..M,...See Accountants' Compiation ReportSuppl ementary Schedul esBALANCE SHEETAs of January 31, 2003LJABILmES AND FUND BALANCECURRENT LIABILITIESAccounts Payable State W/H Tax Accrued Vacabon Unearned Postages<4 9Z3 551.25"4 7911.snn67 213 26Total Current Llabllltles&4 964 37LONG-TERM LIABIUTIESTotal Llabllltles84 964.37FUND BALANCEFund Balance1,380,969. 60Total Fund BalanceI3AQ 96.Q fillTOTAL LIABILITIES ANDFUND BALANCE$Ii§!jn187See Accountants 'CompilaUon ReportBALANCE SHEETAs of January 31, 2003ASSETSCURRENT ASSETSPetty Cashs100 00CO - Trustees33 025 21Money Marttet Account602 HQ 7'2Ca5h·Aeo Checlung358.62?.2SCash-Payroll Acct760 62IBM Stock2.304 00Accounts Aecetvabiet.u 3'1 StAllow for Uncollectible Accou(4.28'4 O'Z)Inventory 10159.90Prepaid Expenses8.240 soInterest Receivable 358 8.5Total Current Auets1 156 ng3 54PROPERTY AND EQUIPMENTOepr Equip18'.8'536Accumulated Oeprt3'C5.oe7.as>Bolldlng161.056 97Accumu ated Oepr(325.680.05}Land30.540 00Net Prooertv end Eauloment305 664 4ClOTHER ASSETSDeposit&.. 176 00Totel Other Assets117100TOTAL ASSETSiuazSee Accounta nts Compclation Aepon?J\TTJ\CHHE.NT.#7CAS l..f !=LOW PLANNER>NTHJAN.FEB.MAR.APR.MAYJUNEJULYAUG.SEPT.OCTNOV.DEC.BALANCE FROM PREVIOUS PERIOD!SHINFLOWS:3. STATE AID--SALES(ANTICIPATED AIR COLLECTIONS)4'.TRANSPORTATION--COUNTY AID 8.OTHER <SPECIFY}TOTALINFLOWS <TOTAL 2-6'1\SH ... - ·I! {1+6)\SH OUTFlOWS:7.PAYROUDEST PAYMENT9.PAYROLL TAXES10.UTILITIES1f. RENT12. MATERIAL13.SUPPUES1'4.PAYMENT OF AJP15.INSURANCE18. PROFESSIONAL FEES17.TELEPHONE18.TRANSPORTATION19.TRUCK20. OTHER ISPECIFY}2122TOTAL OUTFLOWS <TOTAL 7 22) 'lANC h ENO OF PERIOD (IN·OUT)rMARKETINGMa rketing the belt ered WorkshopCustomers:ocial customers:f:.mployeeParentsCare pro"idersAgenciestateCounty Business customers:Local businesses (Mom and pop 10 maJOr corporati ons)Feder-di government ( JSH)National businesses (Sampling Corporat ion)Don·1 ignore your customers. The best marketing tool at your disposal is yourself. The trick to marketing is joi ning and becoming involved. Market ing is not a 40 hour a week job . You or your smff members should join everyth ing you can join .Ci\?ic club (Ki wanis. Lions. Rotary)Professional organizations (Purchasing , Hum.an Resources, )ReUgious (Church. Knights of Columbus)Communi ty (Chamber of Commerce. volunteer committees. United Way. charitable organizations)Joining isn't enough . You also need to participate in the organization . Become acth?e.Marketing to the comm u nity/sial customers:Get to know your parents and get them in\·olved. Establish a parentsgroup.Work "ith other agencies in lhe comm unity that provide services for your employees.Maintain a safe, clean.meanjngful work experience for ) our employees.Keep facililie neat, clean, and presentable at all times.Strive lo increase opportun ities and pay for your employees.Marketing to the business customer:Contacts:Joining organizations mentioned above.ewspapers (Classifieds.businessjo urnal s)Personnl contacts both social and fa.m i l)Board membersCurrent customersales people Develop an attract ive brochureCold ca llsA bsolute musts for marketi ng incl ude:Complet ing your \\ Ork on timeExcellent q ualit) controlIf you J ust can·1 handle this then get help doing itales and marketing i the moc;tcnttcal ta.sl relau ng to the continued existence of the workshop. Don't neglectii.GENERAL I DEASNever let a day pass without engaging in at least one marketing activity.Determine a percentage of gross income to spend annually on marketingSet specific marketing goals every year; review and adjust quarterly.Maintain a tickler file of ideas for later use.Carry business cards with you (all day.every day).Create a personal nametag or pin wrth your company name and logo on rt and wear it at high visibility meetings.TARGET MARKETStay alert to trends that might impact your target market. product or promotion strategy .Read market research studies about your profession, industry, product, target market groups, etc.Collect competitors' ads and literature; study them for information about strategy, product features and benefits, etc.Ask clients why they hired you and solicit suggestions for improvement.Ask fonner cl ents why they left you.Identify a new market.Join a list-serve (email list) related to your profession.Subscribe to an Internet usenet newsgroup or a list-serve that serves your target market.PRODUCT DEVELOPMENTCreate a new service,technique or product.Offer a simpler/cheaper/smaller version of your (or another existing) product or service.Offer a fancier/more expensive/faster/bigger version of your (or another existing) product or service.Update your services.EDUCATION. RESOURCES AND INFORMATIONEstablish a marketing and public relations advisory and referral team composed of your colleagues and/or neighboring business owners to share ideas and referrals and to discuss community .issues. Meet quarterly for breakfast.Create a suggestion box for employees.Attend a marketing seminarRead a marketing book.Subscribe to a marketing newsletter or other publication.Subscribe to a marketing list-serve on the Internet.Subscnbe to a marketing usenet newsgroup on the Internet.Train your staff, clients and colleagues to promote referrals.Hold a monthly marketing meeting with employees or associates to discuss strategy, status and to solicit marketing ideas.Join an association or organization related to your profession.Get a marketing intern to take you on as a client; it will give the intern experience and you some free marketing help.Maintain a consultant card file for finding designers,writers and other marketing professionals.Hire a marketing consultant to brainstorm with.Take a "creative journey" to another progressive city or country to observe and learn from marketing techniques used therePRICING AND PAYMENTAnalyze your fee structure; look for areas requiring modifications or adjustments .Establish a credit card payment option for clients.Give regular clients a discount.Learn to barter; offer discounts to members of certain clubs/professional groups/organizations In exchange for promotions in their publications .Give "quick pay'' or cash discounts.Offer financ1ng or installment plans. MARKETING COMMUNICATIONSPublish a newsletter for customers and prospects.(It doesn't have to be fancy or expensive.)Develop a brochure of services.Include a postage-paid survey card with your brochures and other company literature. Include check--off boxes or other items that will involve the reader and provide valuable feedback to you.Remember.business cards aren't working for you if they're in the box. Pass them out! Give prospects two business cards and brochures - one to keep and one to pass along.Produce separate business cards/sales literature for each of your target market segments (e.ernment and commercial, and/or business and consumer).Create a poster or calendar to give away to cus1omers and prospects.Print a slogan and/or one-sentence description of your business on letterhead. fax cover sheets and invoices.Develop a site on the Wor1d Wide Web.Create a "signature file'' to be used for all your e-mail messages. It should contain contact details including your Web site address and key informatlon about your company that will make the reader want to contact you.Include "testimonials" from customers in your literature.Test a new mailing list. Ifit produces results, add tt to your current direct mail lists or consider replacing a list that's not performing up to expectations.Use colored or oversized envelopes for your direct mailings. Or send direct mail in plain white envelopes to pique recipients' curiosity .Announce free or special offers in your direct response pjeces. (Direct responses may be direct mail, broadcast fax, or e mail messages.) Include the offer in the beginning of the message and also on the outside of the envelope for direct mail.MEDIA RELATIONSUpdate your media hst often so that press releases are sent to the right media outlet and person.Write a column for the local newspaper, local business Journalor trade publication.Publish an article and circulate reprints.Send timely and newsworthy press releases as often as needed.Publicize your SOOth client of the year (or other notable milestone).Create an annual award and publicize It- as an outstanding employee of the year.Get public relations and media training or read up on it.Appear on a radio or TV talk show.Create your own TV program on your industry or your specialty. Market the show to your local cable station or public broadcasting station as a regular program. Or, see if you can air your show on an open access cable channelWrite aletter to the editor of your local newspaper or to a trade magazme editorTake an editor to lunch.Get a publ city photo taken and enclose with press releases.Consistently review newspapers and magazines for possible PR opportunjtjes.Submit ''tip" articles to newsletters and newspapers.Conduct industry research and develop a press release or art cle to announce an important discovery in your field.Create a press kit and keep its contents current. CUSTOMER SERVICE AND CUSTOMER RELATIONSAsk your clients to come back again.Return phone calls promptly.Set up a fax-onemand or emailsystem to easily respond to customer inquines.Use an answer ing machine or voice mail system to catch after-hours phonecalls. Include basic information in your outgoing message such a business hours. location, etc.Record a memorable message or ''tip of the day" on your outgoing answering machine or voice mailmessage.Ask clients what you can do the help them.Take clients out to a ball game. a show or another special event-- j ust send them two tickets with a note.Hold a seminar at your office for clients and prospects.Send hand-written thank-you notes.Send birthday cards and appropriate seasonalgreetings.Photocopy interesting articles and send them to clients and prospects with a hand-written "FYI" note and your business caretSend a book of interest or other appropriate business gift to a client with a handwritten note.Create an area on your Web site specifically for your customers.Redecorate your office or location where you meet with your clients. NETWORKING AND WORD OF MOUTHJoin a Chamber of Commerce or other organization.Join or organize a breakfast club with other professionals (not in your field) to discuss business and network referrals.Mail a brochure to members of organizations to which you belong.Serve on a city board or commission.Host a hoJiday party.Hold an open house.Send letters to attendees after you attend a conference.Join a community list-serve (email list) on the Internet.ADVERTI SINGAdvertise during peak seasons for your business.Get a memorable phone number, such as "1-800-WIDGETS."Obtain a memorable URL and email address and include them on all marketing materials.Provide Rolodex? cards or phone stickers pre-printed with your business contact information.Promote your business jointly with other professionals via cooperative direct mail.Advertise in a specialty directory or in the Yellow Pages.Write an ad in another language to reach a non-English-speaking market. Place the ad in a publication that market reads, such as a Hispanic newspaper .Distribute advertising specialty products such as pens, mouse pads or mugs.Mail"bumps," photos,samples and other innovativeitems to your prospect list. (A bump is simply anything that makes the mailing envelope bulge and makes the recipient curious about what's in the envelope!)Create a direct mail list of "hot prospects."Consider non-traditional tactics such as bus backs, billboards and popular Websites.Project a message on the sidewalk in front of your place of business using a light directed through words etched in a glass window.Consider placing ads in your newspaper's classified section.Consider a vanity automobile tag with your company name.Create a friendly bumper sticker for your car.Code your ads and keep records of results.Improve your building slgnage and directional signs inside and outInvest in a neon sign to make your office or s1orefront window visible at night.Create a new or improved company logo or "recolor'' the traditional logo.Sponsor and promote a contest or sweepstakes .SPECIAL EVENTS AND OUTREAC HGet a booth at a fair/trade show attended by your target market.Sponsor or host a special event or open house at your business location in cooperation with a local nonprofit organization , such as a women's business center. Describe how the organization helped you.Give a speech or volunteer for a career day at a high school.Teach a class or seminar at a local college or adult education center.Sponsor an "Adopt-a-Road'' area in your community to keep roads litter-free. People that pass by the area will see your name on the sign announcing your sponsorship.Volunteer your time to a charity or non-profit organization.Donate your product or service to a charity auction.Appear on a panelat a professional seminar.Write a "How To" pamphlet or article for publishing.Produce and distribute an educational CD-ROM, audio or video tape.Publish a book.SALES IDEASStart every day with two cold calls.Read newspapers, business journals and trade publications for new business openings and for personnel appointment and promotion announcements madeby companies. Send your business literature to appropriate individuals and firms .Give your sales literature to your lawyer, accountant, printer,banker .temp agency.office supply salesperson, advertising agency, etc.(Expand your sales force for free!)Put your fax number on order forms for easy submission.Set up a fax-on-demand or email system to easily distribute responses to company or product inquiries.Follow up on your direct mailings, email messages and broadcast faxes with a friendly telephone call.Try using the broadcast fax or emaildelivery methods instead of direct mail. (Broadcast fax and email allows you to send the same message to many loca1ions at once.)Using broadcast fax or email messages to notify your customers of product service updates.Extend your hours of operatjon .Reduce response/turnaround time. Make reordenng easy- reminders. Provide pre-addressed envelopes.Display product and service samples at your office.Remind clients of the products and services you provide that they aren't currently buying.Call and/or send mail to former clients to try to reactivate them.Take sales orders over the Internet25 Sales TipsRemember who's an charge of the sale The customer not youMake the phone nngIt's not how many calls you make. It's how many customers call you Make the customer want youBecome a brandEstablish an identity that is all your own. What do you want the customer to think of when they think of you?Be known for your ideasUse ideas to connect with customers. If you don't have any ideas you don't get the businessFollow up furiouslyDon't drop the customer too soon. Never stop following up.Atways be accessibleYou're either available or you're not. If you aren't the customer will find someone who tsBe candid with the customerNo puff and fluff . The customer wants your knowledge. Respect comes from giving straight answers.Atways act in the customer's best interestDon't just talk about it.do it. Making the wrong sale 1s worse than not making asale.Be known in the marketplaceBe known in the community.Prospect constantlyCreate a database and continually add to 1tGet 1n touch and stay in touch.Create your futureThink 2 to 5 years out. Start cultivating customers earlyFight stupidityConstantly prospect and think ahead.Become indispensable to the customerAlways look for ways to be a resource to your customer and prospects. Supply information. Help them do a better job.Don't pull the plug on prospectsStay in touch with prospects.Don't confuse activity with actionAvoid unproductJve meeUngs - extra calls, lunches, etc. - simply because you like someone . Stay in touch with all prospects and figure new ways to respond.Make newsBecome a source of information. Provide articles.Be interestingBe noticeable. Distinctive.Get inside the customer's headIt's your customers company and priorities that are important. not yoursKnow when to say no"We can't help you with that? can build credibility. Then go out and find someone who can meet the customer's needs.Be known for your knowtedgeBe known for knowing something, not just for selling something. If customers don't perceive your value, they feel free to go elsewhere.Get organized and stay that wayKnow what to do when.Present personalized proposalsSpend time creating an individualized proposal.Be enthusiasticPeople want to do business with those who are upbeat and enthusiastic.Admit your mistakesAdmit mistakes and correct it.Make it happenThis is the difference between the people who walk out the door at quitting time and those who accept responsibility.Selling is no longer about getting the order. Sales is about winning customers who are eager to do business with you because you unde·rstand them and what they want to accomplish.Avoid the biggest sales mistakesNo business can survive without people who sell the company's product or service, an no salesperson survives long making the same mistakes over and over again. Here are some of the most common-and most damagmg-rmstakes a salesperson can make:Lack of preparation. What do you plan to tell your prospect about your product or service? Develop a work ing outline that highlights all the benefits you offer . Then do some research on the prospect: Look at the annual reports.and check the trade 1oumals for helpful information.Not listening . Don't fall into the trap of thinking that your job is to talk and the prospect's roleis to sit silently and listen to your presentatJOn. Let the prospect tell you what his or her needs are, then look for ways to meet those requirements.Not asking for the orderMany salespeople forget this simple step. Nothing 1s wrong withasking the prospect to take you up on your offer , as long as you're not too pushy about itMoving too quickly. Instant rapport is difficult to achieve. Instead of trying to turn the prospect into a *buddy" right away,concentrate on maintaining a professional attitude. Let any relationship develop naturally.Not customizing the presentation to the prospect's needs. A generic presentation isn't as convincing as one personally tailored to your prospect's business.Poor follow-up. Too many sales people close one deal and go on to the next without ever talking to the prospect again. Keep track of your sales, and call prospects back to make sure they're satisfied-and to see if you can help them with other products or services from your company .Ten Commandments for better salesFrank Pacetta.from Xerox .was named Cleveland's Distnct Manager and vowed to tum his district into number one m the region, even though it had finished last the year before. He did it. Here is his Top-Ten List on customer service:Prepare customer proposals on weekends and evenings Never say no to a customer , everything is negotiableMake customers feel good about you-not just your product- be sending cards for birthdays and promotions and by tak ing them to lunch, ball games, and other outingsMost customer requirements, even if it means fighting your own bureaucracy Do things for customers you don't get paid for,like solving billing problems Know your competitor's product better than your competitor doesBe earty for meetingsDress and groom yoursetf sharply so you look like a superior product When it's time to go home, make one more phone callIf you stay in the shower a long time in the morning because you don't look forward to work, find another JOb.The six steps to successfulsalesThe process of selling-no matter what your product or service-doesn't have to be complicatedGet into action by following this step-by-step planStep #1Make a cold call to gather information about your customer . Find the name of the person authonze to purchase your product.Step #2: Send a short letter, introducing yourself to the buyer. Alert your prospect that you'll contact him or her soon.Step #3: Call the buyer. Find out what he or she really wants . Purchasers may claim they base their buying decisions on price, but if you probe. you might discover that other factors? qualrty and reliability, for example-are just as important.Step #4· Schedule a personal meeting. Don't push too hard. Make your presentation without trying to force a close unless you sense an obvious, urgent need.Step #5: Follow up with a thank you note.Step #6: Set up a second meeting to discuss the prospect's specific needs and how you can respond to them. At this point,it's okay to talk about products and prices.1619(8)SSISECTION 1619 WORK INCENTIVESSpecial SSIPayments for People Who Work (Section 1619(a))What it doesThis incentive allows SSI beneficiaries to receive SSI cash payments even when earned income (gross wage s and/or net earnings from self-employment ) exceeds the SG A level.NOTE : It does not apply to SSI benef iciaries who are blind because the SGA requirement has never applied to them .Requirements to qualifyHow it appliesTo qualify for this incent ive, the person must:o Be eligible for an SSI payment for at least 1 month before he/she begins working at the SGA level;Still be disabled; andMeet all other eligibility rules, including the income and resource tests .People who have earnings above the SGA level can continue to receive SSI cash payments as long as they are still disabled and meet all other eligibility requirements . The person's payment amount will be calculated in the same way as for someone who is not working at the SGA level. (See earned income exclusion Example 2. on page 35 .) The person wiU remain ellgible for Medicaid.Continued Medicaid Bigibility (Section 1619(b))What it doesThis incentive continues Medicaid coverage for most working SSI benef iciar ies under age 65 when their earnings become too high to allow an SSI cash payment .NOTE: Effective May 1, 1991, a person age 65 or over who is blind or disabled may qualify for continued Medicaid coverage under section 1619(b).40SSIRequirements to qualifyTo qualify for this Incentive . a person must :o Have been eligible for an SSI cash payment for at least 1 month;o Still meet the disability requirement ;o Still meet all other non-disability requirements;Need Medicaid in order to work ; andHave gross earned income which is insufficient to replace SSI, Medicaid and any publicly f unded attendant care.The Social Security Administrat ion uses a threshold to measure whet her a person's earnings are high enough to replace his/ her SSI and Medicaid benef its.What is the threshold?The threshold amount is based on:The amount of earnings which would cause SSI cash payments to stoo in t he person's state; andThe annual per capita Medicaid expenditure for the state.If the person's gross earnings are higher than t he threshold amount for his/her s tate . the Social Secur ity Administration can figure an individual t hreshold if the person has :Impairment-related work expenses (see pages 15- 22); o Blind work expenses (see pages 46-47 );A plan to achieve self-support (see pages 37-38); o Publicly f unded attendant or personal care; orMedical ex penses above the state per capita amount.41SSIContinued Medicaideligibility inThe following states use their own definitions of eligibility for Medicaid purposes which diHer f rom SSI eligibility criteria :certain statesConnecticut Hawaii Illinois IndianaMinnesota MissouriNew Hamp shir e North DakotaOhio Oklahoma VirginiaPeople in t hese st ates will continue to be eligible f or Medicaid under the section 161S (a & bl incemive as long as t hey were eligible for Medicaid in the month befo re they became eligible fo r sect ion 1619.Special Benefits for Section 1619 Recipients Who Enter a Medicaid FacilityWhat it doesThis provision allows an individual who is eligible under section 1619 to receive an SSI cash benefit for up to 2 months while in a Medicaid facilit y or a public medical or psychiatric facility .Medica·id fac ilityUsually when an SSI recipient enters a Medicaid fac ility (i.e., a f acility whe re Medicaid pays more than 50 percent of the cost of care), the SSI payment is limited to $30 per mont h minus any count able income . However, if the person is eligible under section 1619, the benefit will be figured using the f ull Federal Benefit Rate (see page 35) for up to 2 months .Public medical orpsychiatric facilityUsually when an SSI recipient enters a public medical or psychiatric facilir y. he/she is not eligib le to receive an SSI payment while in the f acility . However , if the i11dividual is elig1bln under sec tion 1619, SSI cash benefits continue for up to 2 months . For this pr ovision to apply, the fac ility must enter into an agreement with the Social Security Admi nistr at ion allowing the person to keep all of me SSI payment .42SSIReinstating Eligibility Without a New ApplicationWhat it doesThis provision enables people to regain eligibility for SSI cash payments or continued Medicaid coverage after a period of ineligibility without f iling a new applicat ion.Cash paymentsA person who is eligible for continued Medicaid coverage under sec tion 1619(b l can begin receiving SSI cash payments at any time earnings drop below the break-even point. ( See glos sary fo r a definition of break -even point .)A person who is ineligible for continued Medicaid coverage because earnings exceed the threshold can regain eligibility for SSI cash payments if income drops below the break - even point within 12 months.Medicaid coverageA person who is ineligibl·e for continued Medicaid coverage because earnings exceed the threshold can regain eligibility for Medicaid coverage if earnings drop below the threshold within 12 months.43PRODUCTION TECHNIQUESProduction TtthnigunProduction is the primary function of your shopBefore beginning p-roduction, a completed unit should be used as a reference.make up 2 complete samplesask the customer to sign off on them. Dkeep one for yourself and one forThe importance of maintaining a high level of production or sales: Keeping the shop financially sound meansBetter and safer equipment> Nicer facilities and working conditionsMore pay for staff and employeesJob RequirementaContract biddingTime studiesDirect labor costsMaterial costsOverhead5. TransportationProfit marginOther costs (equjpment purchases.rental fees, warehousing)Goal of production supervisor/managerSmooth production flowQuality is maintainedSafety practices observed4. Shipping schedules metcThese goals can best be achieved by:Setting up jobs properly2. Good quality control3. Good safety procedures used4Selecting the proper people developing new skills in employees5. Meet shipping deadlinesCONTRACT BIDDINGPROCESS INCLUDES .A .B. Research, Qian t visits.c Job smificatiogsD. Work mctbocts.E. Time 1h.ldigF. Determining material lyuG. Determining oycdlqd costs and possiblyH. Other coltfI.Profit MaraiaWhen all is totaled ·= "THE BID PRICE"sometimes supervisors are involved with the job bid I workup; with experience, the opportunity for involvement can increase (determining work methods, or persoMcJ)Bid Price BreakdownSI091ABGGatMCI U'M-,AB0001W9 Rate$1UIJ..- o11l·e.ti --·-"Name al pc!f'IOnJoe.Mfy..,.Produdion IP.eceOnc:nollonlHIl-,,,._Total Units Total Time Slanelard fUle1eour.. ..,,""'"and ballt11:Ill3000720 001250 O!lllC342, 0000 000O IDlC0 000 00co owe0.000 0000 00005..8, 78910:0 000 0000 00000 000 0000 OOOll0.000.0000 00000 000 0000.00000 0000000 00000 000 0000 0000roca1 ov.ct t..bof0 0560Onct l.abot$0 0560TOUll COll.s0 1221Mllt9f'8I CoatsIll lh lProf4 Oeslr..:tounl$0 0560local bid I*"$0.1343Acluel QUOtecuslOm?II*p.ec:e)so 1350TendPer l()()$13 50ErCet emounl per ooec. 15115lhl.,., 100 pteQISPet I000 pjeQet113..431134.301000E11imated reYenue f0t tnhre IOI> S l3500 I .rso oolpetcetUge(Entef "''i? .11"1.1EntelI1RI 0 01221Cus1omer es11m1tad lOl.i poecea lor enllf"e iot>50000eed mJOB SETUP AND WORKFLOWIl.Job Serup and Work.flowaGood communication between manager and staffJob specificatio n sheetA jo b order fonn contains:A description of the work to be doneThe indjvidual steps to be used in the process3. The rate at which each step can be accomplished according to time studies, or other means used to bid the job4. Shipping requirementsQuaUty requirementsCompletion date requiredNow that you have some knowledge of the job to be done. it's time to figure out bow todo it:Operations ChartlThe chan uses frve l:>) Standard symbolsStart the operations chart with the raw materials located at the beginning of the process and end it with the finished product in storageDProcess Flow ChanWhen to USC ItHelp set up new jobsUseful after a job has been in process for a whileHow to use it -To reduce the use of unnecessary distance and timeHelp eliminate bottlenecksMay be able to combine some operationsHas there been a plan developed to allocate space for Production and/or Quality?OPERATIONS CHARTJOB:Nail Packaging DATE:August 19.20XXANALYST :B.Smyth NOTES: NoneNa!Js---Open 50 lb BoxFormStaple EndFormSeal EndWeigh for 1lbFUI BoxInsert Product SheetStaplesStaple Box EndPack 2Inspect CartonSealMastet CartonIn StoragePres.Pro .SaveDistance.... c ci. .!208. .e,_ ?ct1?!DescriptionsDist inFeetTime inMin.NotesO O U LJ Vu o u u voou u vo o u u vu ou u vu o u u vu o u u vo o u u vu o u u vU Q U U V:u c:::) u u vo ou u vU Q U U Vo o u u vu o u u vu o u u v0c:) LJ [.)VU Q U U VU Q U U Vo o u u vU Q U U VU Q U U Vo o u u vO O U D VU Q U U Vo o u u vU Q U U VU Q U U Vo o u u vU Q U U Vu o u u vu o u u vO Q LJ U VO c:) LJ LJ Vu o u u vO c:) LJ L)VIU O U U VO O U LJ VO Q LJ LJ VCf)ProcessQlmSubiect charted OoeraUon Charted byChart No.SheetofDate Dept PlantCWI ASSEM BLY PROCESSCWIPage 1of 3PART NO.C>ESCRIPTIOQTY----Po'T2A5riTBbiet51sComponent Unit Box.Size #11Expiration Label1Formated to read "XX-XXShnnk WrapLabelDispensing GunWooden Count Fixture - 15 slots".:>tep #1. Pick up & rotate flat CU Box so that C\IVI telephone numberls toward the right of the operator .Position CU Box to lay flat at work area. Affix expirabOn label to end paneltoward ttie right of. Date:", and to be readable to the operator.Step #2. Pick up packets of Aspirin and count 15 Aspirin packets In sk>tted fixture. Operators should betrained to best insure product contains proper contents (2 tablets). To insure packageconsistency,operators should be trained to best Insure the packets face the same direction in count fixture and be readable to the operator. Pass count fixture to next operator.HINT: For those operators having troubte forming the CU box without causfng tears, it has been suggested to pick up ftat CU Box and massage Box joints left and right This ?breaks? the stff'fness of the box and allows the flaps to f06d easier.CWI ASSEM BLY PROCESSCWIPage 2 of 34122199P.ackageStep #3. Pick up CU Box,so that Component 1.0.letters on box top ftap are readable to operator and the plaln red bo.x bottom ftap faces away from the operator. Rotate into position andform CU Box bottom. Aside CU Box.nspect fixtUn! to conta n a required productPick up CU Box. Hold bottom of box tight togetherto Insure no packets stick out the bottom of box. Pick up 5 Aspirin packets andInsert towardleft hand side of the CU box. Pick up 5 Aspirin packets andInsert toward right hand sideof CU Box. Pick up 5 Aspirin packets andinsert in center of box,nesting packets together. Allpackets should be placed in the box to be readabie to the operator.Alternating stacks of packets Insures an even package and reduces bulkiness.Before closing lid, pull the closest packet toward the front of CU box up above the other packets. This allows the lid to dose easil'f & doesn't expose any packet edges. Form lid and secure.CWI ASSEM BLY PROCESSCWIPa11e 3 of 3Packllge Aaplrtn Co4f22/99mponent UnitStep #4 Pad< 200 Aspirin Units per master cartonFor consistency and count accuracy the "Packing Pattern" for 200 Units per Master Carton is:rows of 14 Units (42 Unrts per layer)layers of 42 Units = 168 UnitsT<La er has 2 rows of 14 28 PLUS 4 extra c 32"°wimm5"1"'r.Bllll'Ptl'Er,"WmlDIB".""lmftaminated , or smeared (print ).Less than 15 packets per box.More than 15packets per box , supuvtsor w ill be not if ied, butnot rejected .Expiration datect.ible.and. ploeanellt doc.s Mt caver boxword ing.Unit conta.ener f laps closed correctly. Pockets do not stick out f rom under box f lops. Shrinkwrap seam i.s continuous with no holes.D By :Kenda Maples I Jason EstelQUALITY::avtUV'OA.CSherry Swope6/12/00CWI ASSEMBLY PROCESSPage 1of411300002"x4-1/2" Xtnl Large Bndge .19315000Tape, 2 strips '4?long272980003"X3? Non-woven Ptld7287000'ZYZ' Non-woven Plld21837000Knudde 8endage113420003l8"x1-111? Ad\. 88ndllge2"'x3? Mojesldn1O (Mlnt-8andliges)1"2 DcnsSteel Neecle. r - 3?1P9P9' Strip. 4-1/.4? x 1 314?11304000314"X3" Ad\.60351000MtlMptic Plld3033905Alcohol Plld3DESCRIPTIONQlY,4/131990348000T (CIMn) Towelette2PnMded by ColenW'I Nyton Poud'I. s-x s.1rr1.Provided by Coleman FDA I.abet, 1?x 2 1n:'1Potvt>eg, 9"')(7".4mil'Hader Card , #82S.702T1S.,...Office26-114'W x 9"'l x 5" Hlmer Peck Bax, 6 unb per0.1666r x ?·Label, Inner Peck Box0.1886 1&-314WX19-718l.Jc11-1/8H MuW c.mn.(72 Unital0.01388812 Inner pad< Box..)...x 8"'Labef. Muter e.rton0.013888C811on Seling Tape40"' x 48" Red Dot Pallet. c1neUnb/ 2?0.000578U......ol 72)10? x 11·Palet Shipping Lael0.000578Strelctl Fiim. 1na per pallet;,·,c.. . -;r-;;-.-:w-:::--,-.,.-;--..·l--- - ... -- .:...-.:I' .. ? - - -- -Bllg s1lling M.::hineWooden R.ata tor holding rww material?Wooden Count F1x1ureLeft endRjght End)CWI ASSEM BLY PROC ESSr,. ,?? 1 . ·i-.-·l., '°"\.......er.'?Pllge 2 of 44/131993600 N. Hydraulic DrNOTE :Allbe placed Infixture 90 ttwt the wording on bandages ?nd other tt.ms face toward the end of the ftxtur9 th8t ha the 3 larger Mot8 containing the Tow..._.Step 1.Pick up 1 uct\ 2"x 4-1fZ' Ex1ra Large Adhesive Band8ge and 2 each tape strips. lnMrt In tbcture llotlulndicatied. Paa fbdure to next operltor.Pick up t uct\ 3"' x 3? G&a.e P8d 8r1d 2 eec:tl T x T Gaute P8ds. Insert Inbtan akltl u lndic8ted .Pa..ftxture to nut opermtor.Sl8p 3.Pick up 1eedt Knuddemid 2 eed\ Rips of 5 Mini Bandagea , 318" x 1 1fZ' . Insert In fbt1&n aioCsido . d. Pualldure to next.m.'°nutSl8p 4.Pick up 1 eedl T x 3?Molel!OO end 1 NCh Needle In Paper . Insert in fixture lloCa u lndi'aMd.Pw txuwopel8b .'°nutSl8p 5.Pick up 8 eedt 3'4? x 3"' AdhesMt.Insert In fixture llotluiOc:ated.Pm bU'9oper.u .Step 8Pk* up 8trtp of 3At1tiMptic Toweleaet , 3Alcohol ToweletllM , and 2 Tl"8Y8l/Clan Towiettet lnleft Inblln1k*?lndk "'ed Pm txu. to nmcl operft>C'7.Nb FDA Lllbef to r'9d nylon bag, on beck of bag In lower right hand comer.s.p e.Pk* up and wmp nylon bag . Inspect tor proper oomponent OOWlt on lxtln. Plc::k up Extra Large Adheeive Beildllge, 2 _. .end fa6d ln-Nllf. tnwt in the fa6d of Exn LMge e.mge end T8J>e Stripsthe 1?·Geuze Ped. Next 1nMrt the tolowirlg Items In frpnt of the Meinlistllld before It.2 ? 2""1(Z' Geuze pedl, 2 l1ripl of 6 ? MW-Sandagea . 1? Knudde 88ndlige. 1 ? 2"Jc3? Moleskin , 1 ? Needle in Ptlper, and 8 ? 3'4"x39 bend9gea. lnl8ft blbiJd the 3"x3"' Geuze peds, 3 ?Al11iMptic Towteaes,3 AlcoholTow 1l1M1.2 TTCMtMm. lnMrt group of oomponentl In nylon bllg. Ck>M Zipper on bag. A8ide to car ltlllner.Step 9.Pick up nyton bag , lnMrt In e-.x r potytMg . Squeeze out exceu air wld Miii potytNtg . Aside unft to c:ontaJner.5'lp 10. Fold hellder' C8fd. Pick up M8led polytMg . Aligf'I hNder8nd bag, atllpleIn 2-I -_.J-Aside '°contaNr Cords.,5'lp 11. Pick up Inner P8dt Box 8nd bring to wortt .,.._ Rcute Box ao the 1.0.lnfonnation iidosest & reed?bleto the opet MDI . Nb Inner P8dt Bax llt>el on lower nght tmrld comer of ht &-1,. end S** .CWI ASSEM BLY PROCESSr,1rT"1 ··.ltr.Page 3 of 44/131993600 N.Hydraulic Dr.IVMit..._,KS 67201.( I ? . t I? o .?...--......... - -·7- - 1··- ·r-,-- -I. ?Siiis> 13. Fold heeder C8f'd DY9r and behind the red nylon bag. Insert 6 units In Inner Pa Box. Form Inner Pack BoxIOp and ...,.doled, 1time. lnMtt 12 Inner P-* Boxes In Maner Catton (2 layera of 6 boxes).:1I 2-----,----3?:..----;--- I ---5--118-3/4" w14. Pick up .......CiRJn and brtng IO worit . .. Rocme Car1lon 10 the 1.0.i1tomiation Is doMat & IUdableIO the openitoc . Af'lix M8at9f' C8l1Dn label on lowet' right hand comer of the 19-718" stde panel?16*" W \D19-7/8" LS'8p 15. Form M...,. Carton bollon'I. Tape doled, 2 times.S'8p 16. Fann Mater" CMon top. Tepe doled.2 times.Stiap 17. P..aetize M.., C..ton. 4 Mutera per layet" x 6 layerl c 24 M.utera per pdet))BB)Pallet -Front ViewPallet - 4'8? Side ViewCWI ASSEM BLY PROCESS 4/13199? ., - ??r - - '?r .-, 1 i ..?- - ·jAlf'/ itan not GI tp&dfied.Alfftt8fft ft\iaing .bf-okan . rusted , corroded , tom or punctured .Unit padciagiflg tom, punctured, or otftetwt.IC not as spulfied.) l'oodcaglng not W>eJed or ....teed GI requtred..u.... contoil., torn, punctured .rusted or con"Odcd , or oth&nw!R not GI spc.clf ted.Unit cam-.. not W>aed or wtced GI reqWred.SPEaAL NOTICE:There shall be no defects that aff ect use, appearance, orMr'\'iceabi llty.11115/99Stq 7·added ploccmcnt of fl)A lAbeJStq 8 - rcwrscd order of ttcms in pCICMging Step 12 - Tape I.mer Pock Box closed,1time.. Step 13 ? Tape I.mer Pack Box dosed .1time. Step 15 - Tape "-tcr Cor'ton dosed.2 times. Stq 16 - Tape "-ter Carton dosed, 2 times.CWI ASSEM BLY PROCESS)fr ,.:·""i' 11_:;._.,._l"b:!#.PART NO.C>fSCR.IPTIONQTY8-1fT x 11 VVhb Paper0.0833Cutsanp. 1.,JU? x 4-1/.491(12 piece? of paper per 8-112°'X11? sheet)Toteranoe: +/- SI?lnc:helS'8el Needle , 2"-3.In '8nglt'I1Rubber Bands0.04(1 band per ftlck of 25)---------... -- -- -.... ,_ - --·-·- -·- ..: ' I I ?', f?? ? ' l'? ? ? ? ....:.: ? .\ Step 1.S-,.. 2.Step ?. Stlp 5.Pict< up 5 lheets of p11per, rotate and take to paper cutter wtth the 8-1n.·aide of'°P9P8" ctoe.tthe opec lllOI .eut 8-1rr wide p11per to two 1111ps of .-.1?,? x 11? pieces.Rotate -..at of PllP9f' 4-1,..by 11? and take to paper CUl8r with 11? side of paper doaeat to operatorCut 11?leflglh of peper lo 6 ltripl of 1-31-4· pieces. This yiekil ? piece of paper 1-31?? by 4-1?, . Each .,...of g..1rr x 11?P8f*' yields 12 cut pieces.II I I I II I II--I>--!I--t--Ir-rr x 11? aheet of paper cut into 12 piece.a1 II1offTolef'anoe: +I- 31?InchesStip e.Pick up needle. lnMft needle point In pllPef' 3 times (down, up I down, up I down, up) On the front aide of PllP8' you thcUd ...the needle In ..places. On the back side of peper you wll ...the nMCle In 3 p&aces.1 ----INOTE: Bundle needles Inpaper Inatac::ka of 25 with rubber baod affixed around atack.Papa- strips cut to tpuificd lize.Needle inserted Into paper l'trip as specified.No body fluids on needle or paper A'trip.-4fl /99VOCATIONAL TRAINING GUIDEAugust 2010PURPOSE:This document is provided as guide for Sheltered Workshop managers on how to establish and implement a Vocational Training Program that meets the regulatory requirements relating to the submission of state aid for the same.INTRODUCTION:Presently, a good number of Workshops are affected by the downturn in the economy and that “productive” work is harder to come by and that it can fluctuate a great deal. During recent field visits, staff have noted increasing numbers and instances of certified employees not being engaged in “productive work” (defined as “covered” work by US-DOL that is being performed as part of an industrial or service contract) but rather are engaged in various non-productive tasks. These non-productive tasks range from unrecorded simulated training activities to idle play or sleeping at the worktables or in break rooms.Although these are “tough times”, Managers must keep in mind that the Workshops are an employment program for persons with disabilities dedicated to providing dignity and self worth through work and achievement derived from working to the best of one’s abilities to become a contributing member of the community. The Sheltered Workshops are not an entitlement and are not designed, funded, staffed nor licensed as “day care” facilities for adults with disabilities.The Department understands that there may be times when contract opportunities are temporarily lacking, extended delays are encountered and where unforeseen events may temporarily halt the availability of “productive work”. As such, I refer you to the regulation that states the following: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 federal minimum wage. During any fiscal quarter, a workshop should have no less than seventy-five percent (75%) of its reimbursable time in income producing work. State aid shall be paid for vocational related training time up to a maximum of twenty-five percent (25%) of a workshop’s reimbursable time. Documentation of the time per employee and content of the vocational training provided shall be maintained for inspection by department staff.The definitions that apply to the above and other related regulations are as follows:“Reimbursable time” is defined as “time or activity that is related to production, training, and/or reasonable wait time that occurs normally as part of the production process;”“Vocational related training” is defined as an instructional process for the development and/or maintenance of proficiency and performance of skills in a trade or occupation.“Reasonable wait/down time that occurs normally as part of the production process” is defined as unexpected short-term delays such as, but not limited to, equipment failure, change over, material delivery delays etc. that may last up to six consecutive hours.Page 1BASIC PRINCIPLES AND GUIDELINES:In order to maintain the integrity and intent of the program and to ensure the appropriate use of state funds, your understanding and cooperation on the following points is requested:If the workshop places certified employees on “vocational related training” for which it is requesting state aid, there must be:clear and accurate documentation showing (via individual timecards and/or payroll classification codes or other acceptable method) of the time that each employee is on vocational training, anda written vocational training program that clearly documents and outlines the purpose, goals, training components, methodology, and results of individuals while in the vocational training program, anddocuments and records available for review by Department staff.The workshop shall not request, and the Department will not pay, state aid for vocational training hours that exceed the 25% regulation. The workshop will keep a record of the training including those in excess of 25%.The workshops shall not request, and the Department will not pay, state aid for activities and programs that are not defined in the regulations relating to “vocational training”.Please keep in mind that, if you choose to provide or contract day activity services, therapies, etc. you should review: your staffing patterns and credentials, the location where alternate services are going to be provided, funding sources for the alternate services, liability exposure (check your insurance coverage), written policies and procedures that trigger the start and end of the day activity program and any other consideration based on your circumstance and local conditions. You will want to provide information to the Board of Directors and seek their guidance and approval on non-productive work activities and programs. Again, the purpose, mission and goal of the Extended Employment Sheltered Workshop program are to provide employment for persons with disabilities. Should you need assistance or further clarification contact your Technical Field Supervisor.STEPS FOR DEVELOPMENT OF A VOCATIONAL TRAINING PROGRAM:The training program should be designed to assist your employees in maintaining and developing work skills that will help them improve their ability to be more productive, accurate, and to gain confidence and proficiency in the types of work that the company does in its normal course of business. To get you started on your way to develop a viable training program, the following steps are strongly recommended:Conduct an analysis of the operation to identify the types of work that typically represents the contract work that you currently do as well as new work you might be doing in the near future. Some examples of the types of work are: Assembly, Packaging, Mailings/Bookbinding, Recycling/Sorting and various Service Work opportunities (janitorial, grounds maintenance, laundry, hospitality, etc.).Page 2Identify work skills that are directly associated with, required and desired for each of the work types that you have identified above. Some examples of work skills are: fine/gross motor skills, sequential instructions/tasks, time-on –task, orientation, productivity/speed, accuracy/quality, etc.Identify work tasks that are directly associated with, required and desired for both the types of work and skills for each of the work types that you have identified in number 1 and 2, above. Be as specific as possible; some examples of work tasks are: counting (by one, two, five, etc.), inserting (in bag, box, envelope, folder or other containers with a tight/loose fit; with/without orientation, etc.), collating (number of items, similar/dissimilar, etc.), folding (c-fold, z-fold, d-fold, etc.), sorting (like/unlike items such as various types of plastics, paper, hardware, electronics, etc.), assembly (hand, tool, simple, multi- stage, etc.), and all other work tasks that apply.Develop a written simulated training program for each specific and related work task identified for which you desire your employees to engage and participate. The training program must be SIMULATED: this means that none of the product or outcome of the training is considered, in whole or in part, as a contract for which you are being paid for or that it is considered as “covered work” under the Interstate Commerce Commission regulations; if the latter is considered “covered work” then you are obligated to pay commensurate wages at prevailing rates and it is NOT considered training (as per US-DOL, Wage and Hour Division regulation). The first steps of the process are:Select and obtain the materials that you will need and use for the SIMULATED work.Write the steps and process in detailConduct an Industrial Standards time study for each step using a “Training Standards Form”, or similar—see ATTACHMENT A. In using this form, be sure to completely fill in the blanks, for example:Customer = TRAININGJob Description = Assembly (or whatever type of work that you are training for)Job Number = number that you designate to identify “training time” in your payroll or daily time sheets.Unit of Measure = each, inner carton, master, etc.Step: Description = be as descriptive as possible (example: hand thread a one half inch nut onto a one half by one inch bolt to where the nut depth is even with the end of the bolt)Time Study 1, 2, 3 = name of three NON-disabled experienced personnel performing the task (be sure that the timing is accurate and “reproducible”.Units = number of units successfully/accurately completed.Time/Sec = the time, in seconds (you can either give a equal number of seconds per rater; e.g., 1,500 seconds and record how many units they produce in that number of seconds OR you can give them a set number of units to complete and record the amount of time, in seconds, it takes them to complete the set number of units).Production standard = Industrial Standards based on units per hour produced by experienced worker—be sure to always round DOWN any fractionPrevailing Wage = the most current Prevailing wage determined by the most recent survey (be sure to change these every time that the Prevailing wage changes)Piece/Unit Rate = the direct labor rate paid per piece or unit (if this was “covered work” in a contract work situation). Be sure to round UP any fraction.Page 3Develop and include acceptable Quality Standards to each training component as well as any other requirement and expectation for every training task.IMPLEMENTATION OF A VOCATIONAL TRAINING PROGRAM:Now that you have established why, when and how you will conduct the vocational training program, you are now ready to get started on the implementation; a few tips and suggestions are as follows:The set up of this job is the same as any job that you may have and you should:Make sure that staff understands what needs to be done and they have all the directions and resources available to get startedThe training is to be set up just like any other job. Be sure that the stations are set up to match the “Training Standards Form” (ATTACHMENT A).Be sure that you have plenty of materials. You may want to pre-count and/or pre-weigh materials to make accurate recording of individual performance.Set up a system or method where the training materials can be “recycled” and used over again. This can help to reduce the cost of training.Have all the forms that you will need to gather the data SUCH AS “Individual Training Records Worksheet” (ATTACHMENT B).Set a positive tone; let the workers know that what they are about to do is just as important as being on a job and that what they do may affect their future earnings and learn new skills for current or future work—if you don’t expect positive results, you will most likely not get positive results. Be upbeat.When appropriate, rotate task so as to keep interest and motivation for the workers.Although you are working on and collecting data for “hard” skills, don’t forget the “soft” skills such as time-on-task, cooperation, following instructions, safe conduct, returning to work promptly after breaks, etc. for which you may also keep a record.RECORDKEEPING:For the purpose of the Vocational Training Program, it is extremely important that accurate and timely records be kept. The types of records are specific to meet your operational needs and regulatory compliance requirements as well as to how and when the information is processed; they are:Payroll: Each Workshop corporation can establish policies and procedures for wages paid for certified employees.Typically, if the policy and procedure is to pay piece rates for production work, then certified employees are paid at the prevailing wage rates for each unit’s direct labor cost produced, but NO LESS THAN ten percent (10%) of the Federal Minimum Wage ($0.73 per hour) or any other rate above it as determined by the corporation’s Board of Directors.Typically, if the policy and procedure is to pay hourly rates for production work, then the certified employees are paid at hourly rates as determined by their individual Productivity Evaluations at prevailing wage rates, but NO LESS THAN ten percent (10%) of the Federal Minimum Wage ($0.73 per hour) or any other hourly rate above it as determined the corporation’s Board of Directors.Page 4Certified workers for which you are providing qualified vocational training, and for which state aid is claimed, you are required by state regulations to pay at a rate of NO LESS THAN ten percent (10%) of the Federal Minimum Wage ($0.73 per hour) or at a greater rate as determined by the corporation’s Board of Directors.Individual Training Records: The importance and purpose of keeping accurate and timely individual records of the training provided is to:Demonstrate the presence of a qualified training program.Collect relevant data that directly relates to the individual worker.Demonstrate the effectiveness of the training through individual and collective analysis.Identifies the need to redirect, alter or expand the training program.Evidence that state aid requests have been properly and accurately requested and reported.State Aid Request: For the purpose of requesting staid aid, it is important that accurate documentation is kept and maintained. State aid can only be paid for hours spent on production work, vocational related training and for reasonable down time related to production (see definitions on page 1). Please read the example closely to understand the importance of accuracy, how it is applied to the regulation and the importance of giving serious consideration and “urgency” when implementing the training program.Mr. John Smith, a certified employee, is present for his normal shift which begins at 9:00 AM and ends at 3:30 PM and is scheduled for training due to the lack of work. At 10:00 AM John begins his qualified training program , stops at noon for lunch, resumes his training at 12:30 and ends the training at 2:30 PM (as documented on his production/training form or time card). Based on this example, the Workshop:Can only request state aid for the four (4) hours (10:00-12:00 and 12:30-2:30) as qualified training time eligible for reimbursement at the legislated rate and in regulatory compliance.The remaining two and one half (2.5) hours (9:00-10:00, 12:00-12:30 and 2:30-3:30) are considered to be non-production and/or non-qualified training time and is not eligible for compensation at the legislated rate nor would it be in regulatory compliance.When you submit your state aid request at the end of each month on the web page, you will need to put in the total number of hours worked for which you claim state aid and how many of those hours are spent on training. The Department staff will make a review of the state aid request records and training records as part of their regular “field audit” and/or a random basis. Your understanding on this matter is greatly appreciated.SUMMARY:This document is provided to assist Management of Sheltered Workshops in developing and implementing a qualified vocational training program that meets the regulatory requirements for the request and disbursal of state funds and to meet the intent of the employment program. The Training Program should be used as a backup for the extended periods when there is not sufficient work or to train employees for new or additional skills and not be used as the primary purpose of the Sheltered Workshop. A corporation’s primary focus should continue to be on attracting and obtaining sufficient work opportunities to meet the financial and employment program goals.Page 5ATTACHMENT ATRAINING STANDARDS FORMTaskTask DescriptionTask NumberUnit of MeasureTime Study 1JoeTime Study 2JaneTime Study 3JudyStepsDescriptionUnitsTime/SecUnitsTime/SecUnitsTime/SecTotal UnitsTotal TimeProduction StandardPrevailing WagePiece Rate12345678910Total Direct LaborName of PersonTask:Enter the appropriate task that you are training for (Example: packaging, assembly, sorting, etc.).Task Description:Enter the appropriate task description for which you are establishing the standards for (Example: insert 10 like items in 6x10" flat plastic bag).Task Number:Enter a number that identifies a training task for use in timesheets/payroll.Unit of Measure:Enter a unit of measure that is covered by this time study(Example: one bag w/10 like items, one inner carton w/10 bags of 10 like items, one master carton w/6 inner cartons of 10 bags w/10 like items).Description:Enter a detailed description of EACH step for which the standard is established (Example: hand count 10 one-inch washers and place in a 6x10" flat 4 mil. plastic bag).ATTACHMENT BRaters NameDateIndividual Training Records WorksheetWorker’s NameTraining Task #ProductivityDateTask/StepNo. of Units (1)Time (2)Re-work Time (3)Total Time (4)Units Per Hour (5)Industrial Standard (6)% Prod. (7)Prevailing Wage(8)Hourly Wage (9)Please note: Enter all times in minutes or minutes and percentage of minutesAvg. Hourly RateAccuracyQuality StandardStandard% of StandardComments/ObservationsSoft SkillsTime on TaskReg. Time% of TimeComments/ObservationsSequential Instructions# in Sequence% CompletedComments/ObservationsOtherComments/ObservationsNotesQuantity of units produced by worker. This may be 1 unit in the case of janitorial or other similar type work.Time in minutes initially spent on completing taskAdditional time required, if any, to meet quality standardsTotal of initial time plus additional timeCalculation of units per hour produced by workerIndustrial Standard taken from Bid Price Breakdown sheet or other time study documentationWorker productivity as a percent in relation to an industrial standardPrevailing wage rate for experienced worker for similar type work taken from prevailing wage surveyCalculation of workers hourly wage rate—can be converted to piece rate calculationMISSOURI DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATIONSHELTERED WORKSHOPS WEB APPLICATIONS USER MANUALTABLE OF CONTENTSDescriptionPageIntroduction3Logging In4Sheltered Workshops Application Menu6Menu Screen7Workshop Contact Information8Employee List9Employee Information10-Terminate an Employee12Reinstate an Employee13-Transfer Employee15-Hire Employee17-Workshop Payment Screen19Instructions for Completing and Submitting State Aid Request20Reports21DESE Contact Information22111416182INTRODUCTIONWelcome to the DESE Web Application!With this system you will be able to; update your workshop contact information, access your employee list, hire/terminate/transfer/reinstate employees, submit your request for state aid, access an employee list report, employee status report, and payment report.Please take the time to read through this manual and keep it handy as it will answer many questions you may have while using this application.In order to access the web application you must have a DESE issued user ID and password. You can request a user ID and password by completing a User ID Request Form, which can be obtained from our office. DO NOT SHARE USER ID’s!!! SUBMIT A USER ID REQUEST/DELETE FORM FOR EACH STAFF MEMBER AS STAFF CHANGES OCCUR3Logging InOnce you have received your user ID and password you’re ready to log in. Go to and enter your user ID and password.If you forget your user name and/or password (too many unsuccessful attempts will results in being locked out of your account) you can reset it by clicking on the Forgot Username/Password button.To request your username you will need to enter the e-mail address that we have on file for you (the one you put on your user ID request form).4To reset your password you will need to enter your user name and the e-mail address that we have on file for you and then answer the security question.You will then receive an automated email from webreplyafsit@dese. with instructions on how to re-set your password.Too many unsuccessful attempts to re-set your password will lock your account for 30 minutes. You must wait EXACTLY 30 minutes before trying again or you will continue to get locked out of your account.If you continue to have trouble re-setting your password please contact our office for further assistance.5Applications MenuOnce logged in you will be taken to the APPLICATIONS MENU.Here you will select SHELTERED WORKSHOPS APPLICATION under SPECIAL EDUCATION6MenuNOTEUsers can view the following menu items from the dropdown box in the upper right corner: Sheltered Workshops Menu, Applications Menu, Log on/Log off.7WORKSHOP CONTACT PAGEThe Workshop Contact page allows the individual Sheltered Workshops to update their contact information.Please be sure to update your information on a regular basis AND as changes occur.DESE utilizes this screen on a regular basis; incorrect information may result in important information not being received.NoteAny automatic e-mails from the system will go to the e-mail address listed under workshop manager.8EMPLOYEE LISTThe Employee List will allow users to view a list of their current, past, and waiting-to- hire employees. It will also allow a variety of functions to perform on an employee such as terminate, reinstate and update employee contact information.Users can sort columns by status (working, terminated or waiting to be hired) and search for employees by name or social security number (NO DASHES).An employee will remain on the employee list of every shop in which they have worked under the appropriate status (working, terminated, or waiting).An employee may not appear on more than one shop in the status of “Working”.NOTE:It is very important that this employee list be maintained and updated MONTHLY as this list will be used by the DESE Regional Field Technicians during audits of State Aid requests/payments (failure to keep this list up to date may result in state aid reporting/payment errors that may result in a reimbursement of funds to DESE).The date an employee is terminated/reinstated/hired is system generated based on the date the action is performed in the web application.Please be sure to terminate/reinstate/hire employees in the web application on the actual day the event occurs so that the employment dates will be correct in the system.9EMPLOYEE INFORMATIONAccess employee information by clicking on the employees’ name.10The Employee Information page allows the user to view detailed information about a past or current employee.NOTE:The only information that users can change for an employee is Name, Date of Birth, Gender and address.For any other changes (SSN, Status, Status dates, etc) please contact our office.11TERMINATE AN EMPLOYEEFrom the Employee List, find the employee you wish to terminate and select the box next to the SSN. Next, click the Terminate button.This page is used to terminate an employee that is no longer working in the users workshop.NOTE:The termination date will auto-fill with the current date upon completion.12REINSTATE AN EMPLOYEEFrom the Employee List, find the employee you wish to reinstate and select the box next to the SSN. Next, click the Reinstate button.NoteAn employee can only be reinstated if the users workshop is their most recent place of employment.13This page is used to reinstate a terminated employee and is only accessible from the Employee List screen. Pressing the “Reinstate Employee” button will change the status of the selected employee to “working”. Users must put a valid date into the reinstatement date field, select yes or no for the competitive employment question and then click Reinstate.14TRANSFER EMPLOYEETo transfer an employee, select Transfer Employee from the Sheltered Workshops Menu screen. Employees can be transferred from their current assignment to the requested workshop by the requesting shop or by DESE.15Users must enter an individuals’ SSN (NO DASHES OR SPACES) into the search field and press Submit SSN to locate the individual to transfer.After confirming that this is the correct individual, pressing the “Transfer” button will put the employee in “working” status at the requesting workshop and move the employee to “terminated” status at the previous workshop. An automated e-mail will be to the previous workshop manager notifying of the transfer.16HIRE EMPLOYEETo view/hire an employee on the workshop’s wait to hire list select Hire Employee from the Sheltered Workshops menu screen.The Hire Employee page displays a list of certified applicants who have been certified and referred to the users workshop for employment by DESE. Any of the listed referrals may be selected to hire in a specific workshop. These employees will show in “Waiting” status on the employee list until they are “hired” in the system.17To hire an employee, click on the box next to the SSN and click Hire.The employee’s information can be viewed by clicking on the employee’s name.NOTE:Users cannot transfer an employee in “wait to hire” status from another workshop. Please contact our office if you wish to “hire” an employee that is in “wait to hire” status from another workshop.18WORKSHOP PAYMENT SCREENAll state aid requests must be submitted on this web application system by 2:00 pm on the THIRD WORKING DAY OF EACH MONTH in order to be approved for payment. Any requests submitted any other way or late (unless prior arrangements have been made with DESE) will not be approved for payment until the request is submitted on the web application, which may cause a delay in payment.19INSTRUCTIONS FOR COMPLETING/ SUBMITTING STATE AID REQUESTSSelect the month and year for which you are applying for state aid. IMPORTANT: The month will be the actual month you will receive the payment, not the month for which you’re entering data (example: if you’re entering data for April 2013 then you would select May for the month, as you will actually submit and be paid in May, and 2012-2013 for the year).Enter appropriate data into the first seven white boxes, you cannot enter data into grayed boxes (these boxes will calculate automatically upon pressing “Save”).Once all data is entered you must click SAVE, then AGREE TO ASSURANCES, and then SUBMIT. You must click all three to submit.Upon clicking SUBMIT, a box will pop up that says ‘Payment has been successfully submitted to DESE’.NOTE:Deposit of state aid payments is generally received approximately 3-5 business days from receipt of request. Deposits can be confirmed at any time at x?tid=0&type=0 (workshop FEIN is needed for this service).20REPORTSThe employee list report is a list of all certified workshop employees past, present or waiting-to-be hired (users can only view employees who specific to their own workshop). The report can be sorted by status as well as can be exported to other formats.The employee status report gives status data for all workshops.The payment period approved reports shows monthly (for your workshop only), quarterly (for all workshops), quarterly vocational training hours (for your workshop only) and DESE fiscal year (for all workshops)21CONTACT INFORMATIONThe sheltered workshops directory, located on the DESE Sheltered Workshops web page at will give you DESE and Workshop contact information. You can view the directory alphabetically by workshop name or by city.DESE contact information is as follows:Department of Elementary and Secondary Education Special Education Sheltered WorkshopsPO Box 480 Fax #1: (573) 526-6898205 Jefferson Street 4th FloorFax #2: (573) 526-4404 Jefferson City, Missouri 65102-0480Fulvio Franzi, Director (573) 751-3547Fulvio.Franzi@dese.Lindsay Thomas, Administrative Assistant (573) 751-0622Lindsay.Thomas@dese.Fax #: (573) 526-6898Dan Gier, Regional Field Technician(573) 365-9417 Dan.Gier@dese.Fax #: (573) 365-9614106 Arrowhead Drive Lake Ozark, MO 65049Steve Coffman, Regional Field Technician(573) 616-1861 Steve.Coffman@dese.Fax #: (573) 616-18612018 Legend Court Jefferson City, MO 6510122QUALITY CONTROLQuality control considerations:What is the percentage of allowable defects?Spot check required or a complete screening.Cost should have been included in the job bid.Are customers satisfied? Call current customers.How is quality checked in-house?Random sampling100% checkedRequired percentage checked (under 100%)Weigh counting allowed?Quality should be checked:Easiest wayLeast time consumingWith least amount of problemsRECORD KEEPINGRecord keeping begins with:Receiving dock-componentsProduction-to pay individual employees; status of the company’s completed unitsEasy inventory control-employee’s to produce, workshop to estimate time to completion, company’s request for in-house components and what is needed to complete or to shipQuality- meet or exceeds standards, “documented”Shipping-number of units shipped, how shipped, when shipped; bills of lading signedAccounting-affects sales figures/accounts receivableAffects wages paid to employees and staffProfit margins can be calculatedProvides a history of the job (includes number of people on the job, quality required and how completed, equipment needed, whether price was favorable or operated at a loss, good or bad job?)Record keeping allows you to:Review accounts receivablesDetermine who your customers areCall and find out why they are notSchedule meeting with past customersReconcile accounts receivable ledger monthly to determine:Which companies pay on time?Which accounts are delinquent?How long has it been since their last payment?Is board involvement necessary?Are legal steps to be taken?Erno 1oyee t:ameDate s tart1ngOa te endingJob Oescnpt 1onUn 1 ts TimeProd . Cl t.IndustCl t.l WageCl t. or TaskWork Prod . Stand. Prod . Stand. Wage (U)( T}(p )( C )(S)( ":)( I)lW lSampl e1040 mi n . SO mi n12.-s25.so.:nI.15·---TOTALSu = Total uni ts properly completedT = Time to complete taskp = Producti on work hou rS = Industri al Standard uni ts/h r.:?% of industri al standard cl 1ent isworking a t in each task ?c ..Cli en t Production u n its/n r = f x psf = Industria l wage scaleW = Wage pe r task cl ient has earnedss. x fPIECE R.\IT RECORD SHEETE)..Q>LOYEEA.\.1EIMO TH -n:j'0.;::<:,,,,,,, '..,..,. ./:-xdDA:elJOB DESCR1PTION m.ns m1P IPIECE RAGRoss IHOL""RLY lcoMMENrsOR TASKPER L rrPAvR..TE,I11I I,h1,.Itr r/,./.:.::.? I /.+n/ .,I,(' I.tn-.. I.dtJI /.coI-. ·I ///I f.. o.J,/I(' I. c ..-3 Ot: I/.coI:.. I cz_,./ o.//C'II J.f.te. II t.oc 1.-Jt'dIIIIIIIIIIIIIIIIIJIIlI11III:IIIIIII:IIIIIIII'IIII I I IIIIII'?IIIIII'IIIIIIIIIIIIIII,IIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIII,IIIIIIIIIIIIIII!IIIIIIIIIIIII'IIIIIIIII'I'IIIIIERGONOMICSDefinitionErgo=WorkNomics=RulesDemonstrating commitmentAnalyzing problem areasStudy OSHA form #200 (copy)Calculate incidence rate (equation)Ergonomic job hazard analysis (5-1 to 5-5 and 6-4 to 6-5)Prioritize corrections needed (list)Engineering controlsGoal-“Fix the job, not fix the worker”Reasons to reduce back injuries in the workplaceEmployee’s health improvedJob enhancedCosts associated with back injuriesThe Last Straw (visual aid)Injury control suggestions for general industry (handout)ManagtmeN Comnutml!fll and Emp/o)·u lnvolwmLMDemonstrating CommitmentWhat should management do to demonstrate its commitment? Tbc fol.lowing StCpS arc recommended by OSHA in its 1995 Saftty and Health Program ASS6SS1M nt Worlcsh4t ro dermninc management's commitment to safety and health. By subsdmting the WOids "ergonomics policy" for lhe words "safety and health policy," the worksheet has bccJJ modified. The object is to score as high as pom"ble. A model program should n:cdve mostly threes and fours on each indicaux. In areas where a company scares two or lower. improvements should be made:A dear eraonomics policy emts0 (4) The worlcf°'" can explain. and fully embraces.the ergonomics policy .C (3) A maj<Xity of personnel can explain the crgononllcs policy.r (2) Some personnel can explain the policy.0 (I) Management can providc or state the ergonomics policy.C (0) There is no apparent policy.Clear ergonomics &oats and objectives are set and a>mmun.icated0 (4) Workforce fully embraces goal and can explain desired results and measures forachieving objectives.0 (3) Majority .of personnel can expla.m desired results and measure s for achievingthem.0 (2) Some personnel can explain desired JCSults and measures for achieving lhem.Management can provide or swc the ergonomics goals and ob.Jectivcs .[] (0) No apparent ergonomics goals or obFtivcs arc present MaM gtr' s GW/k to Workplace Erg onomics 3. Management leadership0 (4) All person nel can give examples of management 's active commitment to crgonomks.0 (3) Majority of personnel can give examples of management' s active commiancnt to ergonomics.0 (2) Some personnel can give examples of management's active commitment to ergonomics.0 (1) Some evidence exists th.at.management is commincd to ergonomics.0 (0) Ergonomics docs not appear to be a management value or significant concern .4. Management example0 (4) Personnel report management always follows the rules and addresses ergonomicprinciples.0 (3) Management follows the rules and usually addrcs ergonomic issues.0 (2) Management follows the rules and occasionally addresses ergonomic issues.0 (1) Management generally appears to follow basic ergonomic principles.0 (0) Management does not appear to follow basic ergonomic principles .5. Employee involvement0 (4) All personnel have ownership in the ergonomics program and describe their active roles.0 (3) Majority of personnel feel they have a positive impact on identifying and resolving ergonomics issues.0 (2) Some personnel feel they have a positive impact on identifying and resolvingergooomics issues.0 (1) Employees frequently feel that their ergonomic input will not be consideJUI by supervision.0 (0) Employee involvement in ergonomic issues is not encouraged or rewarded..6. Aaigned erpnomic responsibilities0 (4) All personnel can explain what performance is expected of them and all clementsappear to be assigned.0 (3) All pcrson.oel can explain what performance is expected of them .0 (2) Some personnel can explain what performance is cxpccu:d of them .G (1) .Evidence exists that performance expectations arc generally spelled out for allpersonnel/tf QNJgemefll Commitment DNi Employu lnvolvem0tt0 (0) Specific job responsibilities and perfonnance expectations arc generally unknown or bard to find.7. Authority and resources far ergonomics0 (4) All pc:rsoMel believe they have the necessary authority and resources to meet theirresponsibilities.0 (3) Majority of personnel believe they have the necessary authority and resources todo their job.0 (2) Authority and resources arc spelled out for all; but there may be a reluctance to usethem.0 (1) Authority and resources exist, but most appear to be out of the control of theemployee.0 (0) Personnel do not appear to have adequate authority and resources to perform assigned responsibilities.I. Acco11ntability0 (4) Pcrsonnc1 U'C held accountable and all performance is addressed with appropriale consequences.0 (3) Accounla.bility systems a?e in place;but consequences used tend to be for negativepclfarmancc only.0 (2) Personnel a.re generally held accountable; but consequences rarely foUowperformance.0 (1) Accountability exists, but it appears to be gencn.l.ty hit or miss and prompted byserious neprivc events.0 (0) There docs not appear to be any effort ar accountability.9. Propam review0 (4) In addition to a comprehensive review , a process is used which drives continuouscu:rcctioo.0 (3) A comprehensive review is conducted at least annually and drives appropriateprogram modifications.0 (2) A program review is conducted. bu t docs no1 appear to drive all necessaryprogram changes.0 (1) Changes in programs are driven by events such as injuries, accidents , oraxnpliancc activity.0 (0) Thee is no evidence of any program review process.The highest possible sare on this cbcdlist fcr managcmem leadership and employeeinvolvemen t is 36. This gives indication of how a company stands in comparison toOverhead MastersAnalyze Problem Areas- Study OSHA logs- Calculate incidence rate- Ergonomic job hazard analysis- Prioritize corrections needed--- --Engineering ControlsThe Goal is to:Fix the JobNot Fix the Worker Managu 's Guul to Workolau ErgDl'fOmics Checklist AGeneral Ergonomic Risk Analysis ?Check the box [.)) if your answer is 'yes' to the quest>on.A yes response llldtcates that an ergonomic risk factorthat requires further anal'fSls may be presentManualMaterials Handling0ts there ltfting of loads,tools, or parts?0ts there lowering of tools, loads, or parts?OIs there OWftiead reaching t0< um,klads, or parts?Ots there bending at the waist to handle toots, loads, or pans?0Is there twisting 111he waist to handle IDOis, loads, or parts?For further analysis. mer to checklist f.Physical Energy Demands0Do tools and parts weigh men than 10 I>.?0Is reaching greater hr\ 20 in.?0Is bending , 11ooping, or squatting a primaly task actMty?0Is waldng or canyilg loads a priTmy task IDNt{I0Isstair ?ladder clmbing wlh loads a primary task actMty?0Is pusllilg c:w ptjjng loads a pmwy task d./t{l0Is reading OYertlead a prinafy task actiYfty?0Do 11'1af 1he lbcMI tasks reqLi'e Ive ?morework c:ydes ID be den wiltW'I a nme?0Do wortmrs complli1Nrest brab ntdOLJe llowances are ilsuftk:ilnt? For Mther -"Isis. mer to ctllCldilb C,0,and E.Other Musealosklletll Demands0Do rni1fuljobs reqlift tr1CJJIR. repetilM?0Do work poslUrlS requi'eberdno of lhe neck. shoUder, ellow, wrist. °'finger pnts?0For Mllld wM. do reaches tor D>ls and nmeed 15In.from the WOfbr1 position?0Islhe wortmr w1lbie ID c:tmlgl hMl8f podb1oftlln?0Does 1hework lrM:MbalM.IP*,or sudden rmlons?0Dael the work iMMlhoctc Of rapid bubJp of 1ora!s?0Isflnger°1)inch gripping used?00ojlb postl6a ilYOMld sustnd nude cxnrat1iof Iof 'll'J lf'rm?For further anal'/lil.refer to cheddists C,0,and puter Worbtllion0Do opernn use computBr WOfb1atioc is for more than tour hours a dz{/0Ne there of dBc:omfort from 1hosewortdng It these statioos?0Isthe ch*or desk act_.,?0Islhe displirj manb,Of doamn tdcler nc:wwt stabte?0Doescue gin or "*the mooitDf screen hard ID read?0ts the room '8mpefDn too ?too cold?0Is 1herel11bbiig vibrition ?noise?For further analysis. refer to chedd1st G.··..,· .......-?Rev 111'17 ($97SC)S"7.61'JIAJO.IJO Rt.Sk Fa ctor ClrecldutsChecklisteneraJ Ergonomic Risk Analysis (continued)Environment0ls the temperature too hor or tool cold?0Are the worker's hands exposed to temperatures less than 70 degrees Fahrenheit?0ls the wor1cplace poortJ lit?0Is there glare?0Isthere excessNe noise tha1 IS anoo,iing, dI'StraetJnO, Of producing hearing loss?0Is there l4)per extremity or Whole bOOJ vibration?0Is *dra&1lion too high or too low?General Workplace0Are walkways uneven,slippery,or obstructed?0ts holakrlepi lg pocx?0Is there inadequate cleara.nce or accessibli ity for performing tasks?0An stJlrs ckrttered or lacking railings?0ls proper footwearworn?Tools0ts the hande too smal or too large?0Does the hande shape cause the operator to bend the wrist in order to use the tool?0Is the 1DOI ham to acam?0Does the tool vibr1lll0Does the mo! cause messiYe lcicida:k to the operator?0Does the 1DOI become too hot or too cold? for further analysis, refer toE. Gloves0Do 1herequn 1heworbr '> use more fora!wnen per1orrnng job tasks?0Do the glolles provide i1adeql.me protection?0Do thepresent a hazard of catch points on the tool or i\ the wOOcplace ?Administration0ls thert ime wortcer control owr the work process?0Isthe task h9V/ repetitM and monotonous?0Does the job irM>M Cltical mks withhaccoootabii1y and itlle or no tolerance tor error?0Ale wortc hours and braks poortJ org.riZBd?from The University at Utah Reseatch Foundalion "Checkist for General Ergonomic Risk Anal'jsis:available from the ERGOWEB.Internet site {).Rew 11197 (597SC).,,...01191?t..pl lkpona. i.e. I Moi)."7. llUOoiJOChapter 5Works ite AnalysisThe purpose of ergonomic worksite analysis is to recognize and identify musculoskelctal hazards so tbaI they may be concctcd. It involves studying the injwy and illness records of employees , watching for panerns of injuries on jobs or at work.station s and analyzing the risks of each workstation . The cban illustrates the use of each tool and tells where they arc provided in this manual .Analyze risk factorswithla e.ach job or pSymptom survey oremployeesVaine;Using;UsineiOSHA 200 lop? Risk (actor c.becklists? SY111ptomFirst-aid logs? Job hazard analysissurveys formsWorkers' comp claimsAbsentee recordsJob tnuld'er requests.uJJ1 See pages 1 0-Sl to 10-53 ISee pages 64 to 6-13 'See Appendix CM anagu's GuiliL to Workplace Erg onomicsThe following information on risk factor analysis is taken from NlOSH's Elments of Ergonomic Programs , Step 4: Gathering and Examining Evjdence of WMSD .IDENTIFYING RISK FACTORS IN JOBSScreening Jobs for Risk FactorsHealth records or medical exami nations and symptom surveys may indicate the narurc and extent of musculoskcletal problems in the workforce.Effons to identify jobs or tasks having known risk factors for musculoskcletal problems can provide the groundwork for changes aimed at risk reduction.Even without clear medical evidence, screening jobs for musculoskelctal risk factors can offer a bas.is for early interventions .A great deal of ergonomic research has been conducted to identify workplace factors that contribute to the development of musculoskeletal disorders (Kouri.nk.a and Forcier 1995; R iihmakj 1991; Garg and Moore 1992; Silverstein ct al. 1986; Salvendy and Smith 1981). NIOSH has recently summarized the epidemiological scientific studies that show a relationship between specific work activities and the development of musculoskelctal disorders (NIOSH, in press).A variety of non-epidemiological research, including clinical , biomecbanical, and psychophysical studies, supporu tbcsc findings (Pope et al. 1991; Ranney et al. 1995; Subo and Cbidgcy 1989;Walc:rs ct al. 1993; Chaffin and Andersson 1984; Franssen-Hall et al. 1995; Ulin ct al. 1993).According to the scientific literarurc, the following are recogn.ized as imponant risk factors for musculoskeJetal disorders, especially when occurring at high levels aod in combination. Figure 1 provides illustrations of some of these risk factor conditions. In general, knowedge of the relationships between risk factors and the level of risk is still incomplete. Also, individuals vary in their capacity to adjust to the same job demands. Some may be more affected than others.Awkward PosturesBody pos dcten:n.ine which joints and muscles arc used in an activity and lbc amount of forcc or stresses that arc geoerued or tole.rated. For example, more stress is d on the spinal discs when lifting, lowering, o.r handling objects with the back bent or twisted. compared when the back is sttaigbt Manipulative or other tasks requiring rcpcalCd or sustained bendllig or twisting of the wrists, k.oecs, hips, or shoulders also impose inCTCaSed stresses on these joints . Activities requiring frequent or prolonged work over shoulder height can be particularly stressful.ForcefulExertions (Including Ufting, Pushing, and Pulling)Tasks that require forceful exertions place higher loads on the muscles, tendons ligamcotS, and joints . Increasing force means increasing body demands such as greaterRev I 1H7 (597SC)0"9'7- ?L.pl._......I · l-"7 111.JOoUOWort.site Ana/\?sismuscle exertion along with other physiological changes necessary Lo sustain an increased effort . Prolonged or recurrent experien ces of this type cannot only give rise to feelings of fatigue but may also lead to musculoskeJctal problems when there is inadequate ti me for rest or recovery . Force rcquilcmeots may increase withIncreased weight of a load handled or lifted,Increased bulkiness of the load handled or lifted ,Use of an awkward posture,The specdi.ng up of movements,slipperiness of the objects handled (requiring increased grip force),The presence of vibration (e.g.. locaHud vibration from JX>Wcr bandtools leads to use ofan increased grip force).Use of the index finger and thumb to forcefully grip an object (i.e., a pinch grip compared with gripping the object with your whole band), andUse of small or narrow tooJ handles that lcssco grip capacity.Repetitive MotionsU motions are repeated frequently (e.g., every few seconds) and for ·prolonged periods such as an eight-hour shift, fatigue and muscle-tendon strain can accumulate . Tendons and muscles can often n:covcr from tbe effects of stretching or forceful exertions if sufficient time is allotted between exertions. Effects of repetitive motions from performing the same work activities arc increased when awkward posrurcs and forceful exertions are involved. Repetitive actions as a risk factor can also depend on the body area and specific act being performed.DurationDuration refen to the amount of time a person is co.ntinually exposed to a risk actor. Job tasks that require use of the same muscles or motions for long durations increase the likelihood of bolh localiz.ed md general fatigue. In general, tho longer the period of continuous work. (e.g., wks requiring sustained muscle contraction) , the longer the recovery or rest time required.Contact StressesRcpcatcd or continuous contact with bard or sharp objects su.cb as non-rounded desk edges or unpadded. nam>w tool handles may create pressure over ooe area of the body (e.g.? the forearm or sides of the fingers) that can inhibit nerve function and blood flow.v. 11197 (.597SC)01tin a-?-......... k·· "''619111.lOol.xlManager 'sGuitk to Workplau ErgonomiaVibrationExposure to local vibration occurs when a specific part of the body comes in contacl with a vibrating object, such as a powe r hand lool. E posurc to whole-body vibration can occur while standing or sitting in vibratin g environments or objects, such as when operatin g heavy-d uty vehicles or Jarge machinery.Other ConditionsWorkplace conditi ons that can influence the presence and magnitude of the riskfactors for WMSDs can includeCold u:mpcrarurcsInsufficient pauses and rest breaks for recoveryMachine paced workUnfamiliar or unaccustomed work..In addition to these conditions, other aspects of organization of work may not only contribute to physical stress bu t psychological stress as well . Scientific research is exam ining work factors such as performance monitoring , incentive pay systems. or lack of conttol by the worker to deLcrmine whether these factors have a negative effect on the musculoskeletal system (Moon and Sauter 1996). Another related area of research is to determine which personal , work. or societal factors cootn1>ou: to acute musculoskeletaJ disordcn developing into chronic or disabling problems.Screening jobs for these risk factors may involve the following :Walk-through observational surveys of lhe work facilities to detect obvious risk factorsInterviews with workers and supervisors to obtain information and other data not apparent in walk-through observations, such as ti.me and workload pressures.length of .rest breaks, Cle.Use of cbcci.lists for scoring job featurcs against a list of risk factors.Of these th.rec methods, the checklist procedure provides the most formal and orderly procedure for screening jobs. Numerous versions of checklists ex.isl in ergonomi cs manuals . When cbecklist data arc gathered by persons fam iliar with the job , task. OT processes involved, the quality of the data is generally better.While screening tools such as checklists have been widely and successfully used in many ergonomics programs, most have not bec_o. scientifically validated . Combining checklist ·observations with symptoms dala offcrs a means of overcoming uncertainty .Iruegrating cffons to identify risk factors for musculoskeletal disorders with efforts to identify common safety hazards such as slips and trips should be considered. Jobs with risk factors for musculoskeletal disorders also may have safety hazards.cv 11R7 (S97SC)01"'1a-aLAP1-1&. lM.l· llS.SO.S-'1> Work.ritt' Ana/ y.rlsFigure 1: Illustrations of Selected Risk Factor Conditions? ,_ SbOlddn 1Wrill Poelllon?.._..lllllllllO "-UAW-GM C..-lor "-111& S*y, tttO; P\111 11a;GNll. IC al., ( HS);c-11w °"n. 'OAIS*yw HMlft. 1.a;,.....,.,....11n11 Etgo t.ai. ttlOlcv 11197 (S97SC)01"1._& LQlll .._.....I ·"7.....111.JOoUIuverneaaMastersBack Injuries--Controlling the ProblemandLowering Workers ' Compensation Claims..................$................. ... .. ......,i--?,..,_ ?......, .-.,..eldu ...........-overnead MastersIn one year back injuriescost U.S.manufacturersover $20 billion in direct costsover $50 billion in indirect costsYou and I have to pay for thisin loss of jo bsin loss of raisesin loss of bonusesin higher costs for cars, clothes, food, etc.Plus, human pain and sufferingIle?.7193 Q97SA)c-.... 01,,,, . .lo.pl ...........1"7...USO.UOOverhead MastersLow Back Pain - The Straw ThatBroke theCamel 's Back) \ Removing the Last Straw"Back Pain"Doesn't Mean the Camel WillJump Back Up................."'...,_.._,,.·......_....?...,.........,,.......-...,......_.·el_ ·..*..."...,_-..Types of Jnjurits and Co/l/T olsINJUR Y-CONTROLSUGGESTI ONS FOR GENERALINDUSTRYThe following injury-control suggestions arc examples of control s for typical ergonomic problems. You may be able 10 use some of them as controls in your facility.GeneralReduce distances that employees' bands must reach. Arrange job duties so thatempJoyccs can work closer ro their center of gravity (their stomaeb area).Mlnmlze This DistanceMake sure that employees avoid using only one set of muscles on one side of their bodies. If at all possible.. employees should swilCb from the right side to the left side when doing work by band.Design conveyors tables, and work.stations with enough room for employees to place their feet beneath.4. Provide easily adjusablc chairs or stools. Chairs should swivel and have an adjustable baclcrcsL The scat should be made of a padded.fabric material, if possible . When sitting in the chair, the employee's knees should be slightly higher than the hips, and the feet should either rest on the floor or a substantial footrest The chair should have padded arms, or padded armrests should be provided in another manner.S . Provide footrcstS for employees who st.and or sit A bar, rail, ledge,or adjustable platform may be used as a footrest.eBc.Dna1A LcpJ Rcpon.s.Inc. (S97)Mo.na1us Gu.ilk to WorJ::plac ErgonomicsWhen it is not possi ble to supply a four-legged stool with a backrest, provide a suppon stand or stool. Other types of seats that can be used if a four-legged stool is not feasible arc prop stools erjump scars.. Arrange work height to be about 26 to 32 inches from the floor when working while seated. h is preferable, however, to adjust the level of the worktable. Th.is can be accomplished by either a hydraulic or electric lift table or by designing the table so that it adjusts in the same manner as the racks in an oven. resting on side suppons.When the employee is standing, the level of the worktable should be about even with the employee's waist. The optimal wc:ning height of a standing employee's bands is about 40 to 42 inches from the floor for light assembly work.Provide all materials and tools in front of the employee. The employee should not have to reach more than 20 inches in a horizontal direction. If there is enough workspace in front of the employee, a semicircular opening in the workbench may be cut to allow the employee to get closer to the task.9.Keep objects being band.led small enough so that they may be grasped easily.10. Design workstations so that employees can keep thell' elbows down . The angle between the upper arm and chest should be no than 30 degrees.BodGood11. Design the work process so that employees can work with their palms down.The hands should at least be below shoulder levelesu.sincaJ ? Lcp1 Rc:poru . IAc. (S97)Types of lnj u.riu ond Conrrol.r12. Whenever an employee's hand or arm comes into contact with the worktable or other hard surface, pad the surface.BodGood13. Have employees change from a sitting to a sranding position during the workshift.14. Ifemployees must stand on a hard floor, provide cushioned mats.Provide paddrAj um or band suppoit if al all possible to relieve some of the strain on employees' bands. The hand.rests or armrests could either be used dwing the entire wOJt shift or only during a portion of the shift.CBlllincsJ a. Lcpl R&poru , Inc. (S97)Manager 's Gu.1.tk to Workplace ErgonomicsEmployees should be able to reach pans in desktop containers with minimal bending of their wrists and hands. Tabletop containers should be designed wiLh low front lips to allow easy access. The containers should also be within easy reach (see item #8).BadBodBetterBetterMechanically suppon any tool weighing more than two pounds by use of anoverhead suspension system.Foot switches may be used instead of hand-activated switches to relieve incidences of band injury. However. when using foot switches it is important to guard against accidcnw activation, by installing a cover or enclosure around the activation pedal so that only the employee's foot pressure will activate the pedal. Also.it is imponant to provide a foouest 11a level equal to the height of the switch.Design workstation s so that employees do n0< have to lean on their elbows.Typtso/ ln;11ncs and Co111rouAvoid repeated direct blows co the palm of an employee's band (sucb as frequent and forceful activation of a palm button). Either reduce the amount of force needed to activate the bun.on. reduce the frequency of activation , or replace the palm button.Avoid static work -any job that involves staying io one position for too long. Vary the position and vary the muscle groups used during the work cycle. Also , provide holding fixtures or clamps for work pieces so that employees do not have to do static work to hold the partConsider a ?floating? operator who is available to fill in and balance out production line problems when other employees get behind or need a break in the .Tool Design and RedesignProvide tools with a proper grip. Hand tools should not rest in the middle of thepalm.BodGood2. Provide tools with padded handles. The handle should be at least four inches long. Tools not presently equipped with padded handles could be fitted with rubber sleeve guards.Managers Guidi: 10 Workplaa ErgonotnJ csIt is bencr to bend the tool than to bend the empJoyec's wrist while using the tool.BodGoodWhenever possible, use devices on tools that prevent forceful twisting motion s.The object is to not trammit the forceful motion or vibrations to the tool user.5 .H a ttiggcr mechanism is required 00 the tool. COnsttUC1 8 ttigger that is operated by more than one finger.If a highly repetitive aiggcr action is required, equip the aiggcr with a pneumaticdevice so that ooly minimum force is needed ro activate the ttiggcr.C&aaca. A l.e:pl Rcporu . Inc. (597)Typts of /,,juries and CofltTOU.Purch ase tools wi th hand.Jes that can be supponed by two hands or, even beuer, suppon the tool by an overhead suspension systemTwo-Hand SupportPurchase tools with wraparound handles so tlw opcrarors can hold them in the manner that is most comfonable. This can also be accomplished with a balanoe system.Avoid tools with ,precut IJ'OOVCS for finger bolds-they won't match most workers' grips.Mechonlcol SupportWroporound HandleBodiPurchase tools with handles that can be held with a power grip rather than apinched grip.Avoid wearing ill-fitting or stiff gloves when using tools.CBomnc:u ? LcpJ Reporu .Ille. (.597)Managu's Gio Workplaa ErgoM miaSelect hand tools that sp:rend lhe areas exposed to scrcss evenly over muscles inthe hand.SodBetterIf a number of employees arc going to be using a tool. try to select the tool indifferent sizes to accommoda1e different sizes of hands.14. On a screwdriver, a "Yankee drill " mechanism may be used to rotate the bit whenthe tool is pushed forward.A rarcbct device may be used to drive hard-to-move screws.Handles or grips on tools should not spread the fingers and thumb apan more than two-and -a-half inches. Cylinder grips should not exceed one-and-a-half inches in diameter. Wider grips are harder on the muscles.1 112·DiameterLess Thon 2 J 12·SpreadC&a-s Apl Reports. Inc:. (597)Types of /11j uriu and Co/l/Tols1Conveyors and Material HandlingUse drum and barrel dumpers if at all possible to avoid having to lift fuJlcontainers..Use chutes or slides.Palletize loads to reduce the amounc of material handling required of employees. 4 .When lifting, use as many devices as possible to assistUse powc:rcd conveyors .Air cylinders may be used to push or pull equipment down the length of a conveyor system.When loading or unloading pallets by band, raise pallets to at least 20 inches fromthe floor.Consider allowing lhe employee working on a conveyor line some control over the speed of lhe line by providing "spur" lines to move pnxiucts to and from the main conveyor line.Reduce the amount of ''dead weight" in material handling . For ex.ample , replace heavy,metal carrying trays with trays made from a lighter material.As much as possible ,TCducc multiple rchandling of a product Once an object hasbeen picked up, it should not be set down until it has reached its final destination.I11.Cut down on the amount of stockpiled material . Th.is will result in a decreasedamount of internal material handling.Avoid nccdlcss material staeking or placement of pans or containers only to havetbctn moved again in the DCXl opcrarioo.Use gravity to move objects whenever possible. Design the workflow so that employees do not have to throw pans a great dismncc into containers.Slide objects whenever posSil>le insicad of lifting and lowering them.Unloading conveyors is much more likely to result in overexertion than loading them. Spacing should be provided to allow pans to temponrily accumulate when the employee unloading the conveyor falls behind. This will permit more careful handling dming the task.LiftingAvoid lifts if at all possible . Utilize mechanical material -handling systems{hoists"' cranes. conveyors , hydraulic tables). Material handling systems arc now available that can pick. up most objects, including bags, cardboard boxes, cylinders, etc. (Sec lheCBu.sincu ?upl Repon.s, Ille. (597)Manager 's Guide 10 Workpl.ace Ergonomicschapter on "Sources of informati on and Assistance" for names and addresses of suppliers of such sys·tcms.). Make sure that employees keep all heavy objects between the shoulders and knees. They should avoid placing heavy objects on the floor, and should c:Jcva1c them on a pallet or table if they arc going to eventually pick up the objects. Employees should not place heavy objects in places above their heads. If necessary, install more storage racks or arrange for more warehouse space .'i 3. When employees lift, they should not rwist If an object has to be placed 10 the side, they should tum by moving their feet Or bena yet. use a semicircular conveyor to slide the object Conveyors may be temporary or permanent , with rollen or, better yet, cJectrically powered.4 . Reduce the amount of weight being liflCd. For example, if chemicals are usually ordered in SO-pound sacks, see if your supplier will furnish them in 25-pound sacks inst.cad at the same price. (Any money you might be saving by purchasing products in largc-s:iz.ed sacks could be offset by workers' compensation COSts for, say, a back injury.)S . Require employees 10 obtain help in lifting heavy objectS. Set a company limit (for example. 40, 30.or 25 pounds) and state that if the object weighs ovc:r that limit, the employee must obcain assistance.Remove obstacles ro li!dng. For example, placing an ice chest in the trunk of a car is difficult 10 do when the chest has to be lifted over the "lip" of the trunk. Itis easier to place an ice chest in a swioo wagon type of c.ar without a trunk. The same principle can be applied in a worlcplace where employees place objecu into and remove them from containers or bins.Employees should not jerk the object being lifted. Less force is applied to thespine if the lift is smooch.Stabilize the load being lifted. If the load shifts employees are more likely to injure their backs.9.There should be no surprises when lifting. The weight of the object being liftedshould be clearly labeled if at all possible.If all of the manual lift cannot be elimina1cd, eliminate pan of it If the object to be lifted up can be placed a little higher or closer ro the employee, some of the danger will have been climina!cd from the .lift. If the object can be pushed or boosted from a hydraulic lift llblc, the lift will be a liUlc safcr.Large. heavy, flat objects can somerimcs be suppon.ed with "air tables."12.It is much easier to pick up boxes or bags that have handles. One h.andle is good.two handles are better. Handholds built into the box frame arc best The handle may beTypts of l11Jurit.S OJtd Controlscut into the boit; lift scraps may be used when pennanem handles are not possible. Bulky objects should have handles for two-person lifting.Provide a padded rail for employees lo lean against when they nave to Jean out and reach over to pick up something. The rail should be as high as the employee's hips. if possible or.as an alternative. mid-thigh heightLoads to be lifted should be 30 inches high or Jess so that employees can see over the top of them.Employees should avoid carrying loads up and down stairs. Instead, they should use hoists , elevators, lifts, etc., to carry loads from one elevation to another whenever possible.Employees should not bend to the side while lifting.Pans ttays carried by employees should be no wider than 14 to 20 inches;the tray width should not exceed the length. Trays should have handles. The load should be disaibu rcd unifonnly inside the tray and be prevented from shifting by dividers or baffles.BinsIf only half of a bin is being filled, it should be the top half. Install a spring mechanism in the bottom of the bin so that the malerial in the bin is always delivered close to the top.To present pans closer to the employee,tilt large stock bins. If the bin is heavy , the till could be accomplished by a hydraulic or electric tilt device.Use bins with fold-down sides, where possible, so that the employee can haveeasier access to the contents.Carts, Dollys, Hand Trucks, and Other Material-Handling Equipment1.Use cans with venical handles so lhal employees can grasp the carts at the heightthat is best for them.1 2. Equip cans with large wheels or tires. Tues should be rubber or plastic if at all possible. The harder the tire and the narrower the tread , the less force it takes to push the can.3.Wbccls on cans should have good, well-maintained bearings so tha t the wheelswill pivot and roll easily.J 4 .Aoors should be free of cracks, irregularities, or bumps. Floors should be cleanand have a grade inclination of no more than four dcgrus.1 5.Carts should be pushed, never pulledManogu'sGuitk 10 Workploct Ergo110micsWhen a can is too heavy for one employee to move, two employees shou ld be assigned or a mechanized can or truck should be used..Swivel casters should be used only when maneuvering the can in very tigh l spaces. When swivel casters are usc4 the can should be pushed from the swivel end Tomake sure that employees do this, inst.all me handle on the swivel end of the can.If an employee is required to push a can over ramps, any loads weighing over 500 pounds should be handled with a powered can. On flat. clean surfaces any loads weighing over 1,500 pounds should be handled by powered trucks.VibrationI .Pun:hasc and use antivibration tools and gloves.Have a professional vibratioo expert or ergonom.i st deu:nninc exposure times andrcsl break times for exposed employees.Keep antivibration gloves warm and dry. Employees' bands shou ld not beallowed to become chilled..Advise employees to avoid smoking while working with vibratin g tools.(Smokin,g decreases blood circulation.)IJ S .Train employees to bold tools as lightly as possible (and still do theirjobs safely).Provide tool rests whenever possible .Tools should be used al the lowest speed possible.These detailed suggestions will help you to focus on any ergonomi c problems that may exist Oil jobs in your facility. A thorough worksi1e analysis will rake time and cffon? and input from employees, sengineers, safety commince members. and managers will help give you the comprehensive input nccdcd to dctcnni:nc the degree of your ergonomic problems . Witb these injury CODD"Ols in mind. let's tum to a discussion of specific repetitive motion injuries.eBusmca.1 .t Lcpl R cpon.a, lnc:. (597)S.A.F2TY RESPONSIBILITIESIMpleMENTiNG:JE1f Yf-Shut off power before making electrical repairs.3SAMPLB---- lupe r? l lOI JW[A CYC PAbftrnON Mt DC 00111 ?Af l UI rROPlR l"SIRUCJJOflS llAft ICUt 'SAit 1v Ou llC I RCLEOHEl. Hot.Es SHOULD IE CENTERru11cttEO F111s1 .T f7. lttE DR I L L SHOULD IE ur,,L UGGED TO CllAtfCif5, A1..L WORK SllOULD DE CLAMPED SECUltEUWllEH DR I LLING.1 f6. 8C SURE TlllGCiE,l. SE LECT ntE COfUIEC l OO I LL 81 AHO '10UHf I T SECURELY TO 11 fUU DCPftl OF THE CH\J C?.2. SECUA (S10CK TO IE OR l \ LEO SO lltA l IT W i ll HOT HOV E OUR I HG TltE OPERAT I Ofl ,3, Aft( SURE Tit( SW IT CH I $ "01 MO Ct!UCI( KEY JIEfU>VCO 8((01 COlfltE C T I HG TO POWCR SOURCEA tl J .l f3. (AJUIY THE DR ILL IT lttESWI TCH IS OFF BE?FORE rLUGG l "G I"lllE POWER ,1 fCOflD .T FII. EvEH.STEADY PRESSURE SHOULD IE USED WHEH.-OR I Lll llG ?T f0J OEHTl f Y PAJITSTR I GG:;';(j fCAccident ReportsAccident reports are an essential part of a good safety program. They help to inform, educate, and remind people of what to look for in regard to accident prevention . They also provide an important record of safety infractions and safety precau tions.The following procedure is one tha t could be employed :1.Fill out the accident report f orm within8hours of the incident.This guards against details that .may become vague after a few hours have passed and that may thereby affectthe report's accuracy . Have the persons involved describe what happened in writing or on tape .Prepare your report in duplicate . One should be hand·deliv · ered to the manager (or supervisor) and another should bekept in your personal files..Include information on the basis of how , where, what , who. when, and why the accident happened in reconstructing the sequence of events.The U.S.Department of Labor has recommended that the fol· lowing principles should be observed in preparing reports:.Ose common sense ·tick to tbe facts, weiqh their value, reach justified conclusions.Investigate each clueApparently reasonable conclu ? sions will of ten be changed by exploring factors which initially may not appear to be important.Check for unsafe conditions and facts - -Both are present in the qreat majority of accidents.Make recommeadationsNo investigation is complete unless corrective action is suqqested and carried out.. Investiqate all accidents- -chance is often the sole di.fference between a trivial accident. and a serious one. Results cannot be predicted.13tSAFETY CHECK LISTSupervisor :·----· -·Oa t.e :Time: ----- ·----------·-Are Exit rou tes free from obst ruc tions ?YesN o Are aisles mnr ked and clear of mater als?YesNo 3 . Are floors clear of haz a rd s t ho t ma y c a u se sli pp1na 1tr ippin g , or falling ?YesNo 4. Are pathways to fire ex tinq uishers free from obstruc tions?YesNo . I s mach l n e r y dow n f o r m a J. n t e na nce tag g ed a su c h .,YesN o . Is a ll machinery p ro pe r l y guarded ?YesN o . Are employees refrainin from "horsep lay" in t he area?Y e sN o 8. Are tools/eq u ipment be ing used i n a safe manner ?Ye sNo 9 . Is p ro tec t i ve equi pment be in u sed whe n cppl1cnbl e7YesNo 10. Are pallets stacked nent and orderly?YesN o 11 . A re was te ma t e r ials/ t rash P.roperly d isposed of ?YesNo 12 . Have all em ployees operat ing equi pment been iven asa f e t y test ?YesN o 13. Is staff cautious and alert to situations wh1cn could cause exposure to bloodeborne pathogens?YesN o Superv isors w ill perform at least 2 Safety Checklists per week o n a ra ndo m basis . A ny "No" answe rs '"11 be- noted as wel l a s correcti ve act ions takes Imar u s b8c k of shee t . lCOHHENTS/SUGGEST ONS26Weekly Area Safety InspectionIs work area neat and organized (housekeeping good)?yNAre all exit.s clear?yN3)Are all employees using equipment trained and authorized on that equipment ?YN4)A re tripping hazards, or other obstructions present?yN5 )Arewires andelectricalconnections beingusedsafe andwithout defect?YN6)Has anyone been quilty of horseplay this week?NHas safety meeting been held this week?yNAre there other unsafe conditions tha t are apparent to you at the time of this inspection?YNIf SO, what ?What was done to remedy it?SupervisorDate27SELECTION CHART FOR EYE & FACE PROTECTION FOR OSE IN INDUSTRY, SCHOOLS, AND COLEGES123456789COGCLES, Rexible Fitting, ReguLu Ventilaa.onGOGGLES, Fl.e:xible Fitting, Hooded VentilationGOCCt..ES,Cushioned Fitting, Rigid Body'· SAFETY Gt.ASSES.without SidesrueldsS .SAFETY Ct.ASSES.Eyecup Type Sideshield.s6.SAFFTY Gt.ASSES, Semi·/Fl.at-Fold Sideshield.s7.fU.TER LENSES, Eyecup Type, Tinted Lensescmusrnted)7A. OiIPPING GOGGt.ES, Eyec:up Type.OurSafety Lenses CNot IDustrated)10,,WE.DING GOGGLES.Coverspec Type. Tinted Lenses <musrn ted >BA. OiII'I'ING GOGGLES,Covenpec Type,Ourety Lenses <Not Wuscnted )WELDING GOGGl.ES,Covenpec Type, Tt.nted Plate LensFACE SHIELD, Plasuc or Mesh WindowWELDING HEL ETRemember ? Eyeprotection does not protect unless It Is worn and used properly.30EYE SAFETY AND RECOMMENDATIONSACTIVITY OR OPERATIONE04NOl.OOY EIONG--I'/ oplt1UICll'IS (powot f.cat'l*WY.Mc:nor,,ITl?ml _._.,,,,,.MC.)EYE HAZARDSD...i.n..e.,...oreu?.11o11t?am. ?Dlaa111nqEY E PROTECTIVE DEVICE($)de......,.,.,..,11..nllnQ, l&llMI tndIcnoa. PMll:ttl. 0uatGIM.u.'*tr.eMn. spt&arwtoA..o..d. all&IU.ueioaonSpluninqMiaDualWac:aAaCa. teNllM9llH9...md &PrlY?0.,Ind 9J.Ue ...,,.CU.HllllO_,$pec::ldH ?In lllllllNeldS OI COl;OIU, OV'.QIO Ott COWi l'(pe.f'/.°"°.,-rype , ......, rvGot;MI , Giii OIf l'f1>e . rl/.ftOflGoqgj?.°""orr rype . rv?.no fttlalHcn..,..._n.Clip 01COl41 rypt .(IIGoc9'1,l'lll.or?iype.WIClrl ....Cry ....,,..,.otu.a 11'1111n9,c..:.....I.n.d.n.win.w.i ..ttindn9. tMnli........IMIMt'°'"",,...,csa:--.-.......-...C..N;8fl9 Mill ll'Nlq.n.mrn..waeec:nc0'"-."p"a'."""9l*'dn.,..,...,,,.. ......-a..,.,.-..a:aF"'"9 ,.nc:eeWelllnig lull. mftl..IMlll....DuOllt4t ?......,.""*"...,,..IndIMC8I"Soec:acin wll'I lio..-..a 111·?fl OVOowle? wl'I ..-p1UK iMM? ns rv an11 ?""Qcll.,...SoecldHNetl'!Wdl or fOOOJit? ......OV "Joa:IO? MS! lldanielda OI fOtllls ......fV?W"4ng nelmlC Wlfl It?'*"_,, nl?fu'Ml'l lllNllHllCI " ., ._ lalety INCmOH ......?... 11.-ao.c.sn ..............c:...ng...,......0""*3ll..........Add . Pttu·s.taa.ou.., ....·_Of,t"o'ftll? """ ov·NI'""" ·.-.,,..,,.,..CNmell mPtHllfttlC aorwys.... =-?·Ma8'0._.,., 1aoenrnw111i;.otauu..r ?......,,.an? or OM1 type.""' Ne.,.?...aon Cl10C9? wn1cn ., "'ANSI z13._1-1t10·.Add fac. stueld lor severe expour?.OV ? Oitea venblaoonIV ? 1no1rea v?nulat1cn··s..1peciall:z ed references for selec:=lon of shad? numt.r al welding rnters.31Head ProtectionHead protection must be available in building construc tion or in using a boom to raise and lower ob1ects. Generally , head protection should be provided whenever there is danger of laJling objects or materials .Hard hats (Figure 1), used in building construc tion are usually made of light-weight materials such as aluminum, plastic, or fiberglass.For health reasons, hard hats should have replaceable sweatbands, be noncombustible, water resistant, solvent resistant and, if worn near electrical equipment, nonconductors.All hard hats must also be of industrial quality, and meet the requirements and specifications of the American National Standards Institute, Safety Requirements for Industrial Head Protection, (ANSI 289.1-1981).Figure 1. Hard HatsAnother potential head hazard is long hair. Long hair can be caught in rotating equipment such as drills,lathes, and other power tools. Long hair must be tied back or covered with a cap or hair r.et.In welding areas or other areas where sparks or names are present, fire resistant coverings should be provided for the long halr. These coverings should be without visors . During welding, these coverings must be worn under the welding helmets.32RECOMMENDED NOISE STANDARDSDecibelsActiv ity70 ...................... Normalspeaking voice at 3 feet75......................Classroom teaching voice at 3 feet80 ......................Inside car (windows open-55 mph)80-90 ................ Grinder, lathe, arc welding90-99 ................Saws, router , lawn moweri00- 109 .........?.. Wood Jointer, pneumatic press1 1s ................... Planer, firecrackers120-129 ............ Pneumatic air hoist, internal combustion engine test130 ................... Jet enoine and loud rock and roll concertPermissible Noise Exposures 1Duration perMODESE AdministrativeSound Level dB Aday In hoursGuidelines for School Safet yslow response8 ...........u??? ? ? ? ?..? ?? ?? ? ??? ? ??????? ?????? ? ? ? ???? ?? ???? ???????????? ? ? ? ?????? ? ?????? ?????????906 ...............................-............. 85...............................................924 .....?...................................?..90...............................................953......................·-···················972 ...............................·-·········95........ .....?.................?...........1001.5 .......................................1021 ..??....?.?????????..??.....?.??.????????? 100 ............................................,05.5 ··-·······--·····......................... 105 ···········???to??..·························, ,0.25 or less ........................... 11O115J No exposure to continuous or Intermittent noise 1n excess ot 11S d8AlHearing ProtectionIn noise-hazardous areas, there are three devices that provide hearing protection to the user. They are:1.Muff type (Figure 2). These protectors require no fitting by professionally trained personnel.Jaw movements will not break the ear seal thus rendering them ineffective.They provide the highest degree of noise reduction.2.Soft cushion type (Figure 2). These protectors are air cushioned pads which provide a seal at the entrance to the ear canal. They are used by persons who prefer not to push plugs Into the ear canals and who find the wider headband muff type too bulky.Disposable plug type (Figure 2). These devices provide hygienic and effective protection. There may be, however, a few individuals who find it difficult to insert plugs into the ear because their ear canal is much smaller than normal.33Muff TypeSoft Cushion TypeDisposable Plug TypeFigure 2.Hearing Protective Devices34tProtecti ve Gl ovesFinger injuries are the most frequently occurring industry accident. Therefore . the use of hand protective devices should be serious ly considered. Proper gloves should be provided in areas where the probability of irritation or burns exist. These areas include: welding and all hot metals. sand blasting, plastics and any area where dangerous cleaning chemicals are used. A danger also exists in the handling of stock materials such as metals, rough lumber and plywood. Flameproof gauntlet gloves should be provided for welding and hot metal uses.A special heat glove which provides greater mobility should be made available for handling items which are hot but not as ext.reme as molten or forged metal. These gloves are also applicable to hot plastics areas. Molten metal should only be handled In a crucible. Forged metals are to be handled with tongs .Armored leather gloves should be made available to aid in the handling of stock materials. These protect the skin from cuts, sfivers and other abrasions.Butyl rubber gloves provide protection to hands from such agents as acids, peroxides, fuels, acetone, methyl ethyl ketone, liquid plastics, plasticizers, catalysts , alcohol and oils.35Respiratory ProtectionThere are hazardous areas where employees may be required 10 wear personal respiratory devices (Table 1}. The air purifying devices consist of a mask which covers the nose and mouth to provide protection by removing the contaminant from the ai r , using a filter/canridge, before it is inhaled (Figure 3).TABLE lGUIDE FOR SELECTION OF RESPIRATORSu??,....,....,1? '"' ........ v,,...., ........a.....,..,_ .........., 4.utr.t? h?U? ...1 11r- ??t ... .11tt....... f.....t t..;aC ,. I J .t..t?!l"rtlU't? ?? ? ? t ... .,'"'""'' '''·... ., ........'"·.. ,......................,.,.......c,....·..-....·.,-.....·.·,..It\?' 1...,-"t ?t c l1 i.,i.?n &f" t?..,..n It f .,. u r t?.aItt?.tt,.,..,,,. ???l v t t t1 \.l?flW't?r .&:. ? I?""' ???It "''?t i....? ,....,.,,,.,,._., ..,,,?? ??n f l f..tl f .....11 ????,? -1 ? "" J n i t .....,.. ly ?' ,......,,??? ??,.,_.. rr??·? ?rt v l U? n l.1181..?......r ??!"I v& ? h ..,,..,,.,?A t ?·f"?r t 111nc. f w t ? t u rr''"'',.. t? .. ., ,,...,??,. w l 11t .... ??? ?? ? ... ..., C r ... ...,.:;,.1 r ?? ?,.- ,,_. ?M.1t kf1l 1.??"l' lf'"?t?l ? .ll??t (f 1t1 ... ..-1??? ?m l r J .?4_..t,M..?,l .l.?,?? ... tr'?l l .·.t? fr ?·..r·f·t·,,...,....w.i.t h ..u-a l l l"'*r r -"??l f ?f"tM1t ol tt ??-' ""' '' ?"tt1? ?7 u t ???A l r ?l l "r t r ?rt t ..? r ............ ..". "'t t:l?l't.tl .... ,.,??.,-_,...,,,,,,.... ...... ,....... "' ....""'"""'"" ,... rt t.ou..r vl llt ..... .... ... .. .......,? ?s..t ? -??-? n t?...._, hf ...-at h.h? ,.,..,......,-?la.-.? ..,,., w t a t...1 ..,._....,., ?A.l..t.-.fH,lf.ll....i.u??....l.v...l.l.....f..A...r\,J..t..l.,".,.,..,...F..t.,r ,ll,..t.luf.....v..l...t.h..?._ r,r,r,,,r.r.r ltt\? f f lh?r ?t..111111.t t o...14. l t?t .itl r ? l l ? t???t?l 'IU ??? -..11 k ..uu l t l u r .,.va f -.. .uu ..e J n....1 .t i t 11" ?..?r t r.-lr -..l ??r?.-?? t W"? .-1.,,..t v l t h....,??..·..,.,... , ., ....:? ....,,,...,.,??? ?-it.rr ?. .. 'r-.r?'""' w it h ,,,,,.., ,....,.. .., ? a? ? t ???c? .A & t -S l tt,.. ,...,.,,,..,,..,..,A....l r .-.l t1"1''ahtA..?.l....?h t -. t 1-.c ,.,.,..,., ._.,,,,?,................ .... .........,. ........_ ......,." ........_,.....,,,..,.........................,_.I t.,,,....,,...",....,..,_l..,..t...?. '"... ,. .,.., v llk .,,_,,,,,...,,","'" ..,"'"'""'..,,.,?-ur ..,.....,,l.iJ..J.t".'.l.f..4..'i.JU11''f .W?A ? r-..-r ? t ?I?&. l?fl 1,.,,.,.,.. r. ?1rt rn&.ttr vt ?h d??lr.Jt .-.."'?? ??e r .., nr,,.?.,.,,,,._1111? ? ,,.... - ·""" c11 1."?? l (?r·.-... .r ?...,,t.,.1..,,. ,..._.,,, ???? ( t or t*f'l? n,.... ua l 7 ) .&;....-??.._.., h"8 .-1r ?t1.... ,...,.r1 r n ..1 ..... ???? 11..,, ..,..., ,_,,.,.., .,,,.....; .a i r ...,...,,.,. ,., ""...,...,..,"tt? ,...... ,., "''h .? .,?.,.,,.,..,.. ,,..rl """'·u...... -...?? w l l ht?l a.1?..,..., ....,.,.,.....,......... ..,...,.A t r-rnn u r l?9Q . ..,., ,__,?? Hf_ _ , ........ . h... ......... ..., ..,,,.. ........... . ??..Jf t ,.. .. ......Note: "Immediately dangerous to life and heaJth? is defined as a condition that either poses an immediate threat to life and health or an immediate threat to severe exposure to contaminants, such as radioactive materials , which are likely to have adverse effects on health.From Amertcan National Standards Institute, Practices for Respiratory Protection. (ANSI ZSS.2-1969).36Respirators are manufactured for the following respiratory hazards commonly found in industry:Nuisance dusts (nontoxic irritants such as wood, cement , etc.)Toxk dusts (lead, selenium, etc.)Mists (spray painting and finishing, electroplating, etc.)Heated metal or chemical fumes (zinc, exhaust, etc.)In each case, engineering controls, such as hoods and dusVspray collecting systems, should be considered first in the elimination of respiratory hazards. Personal devices should only be the secondary precautionary method to be used.Figure 3. Respirators37IThe F ire Preven uon Plan and The Emergency Act ion E'lan cius t be a vr1t ten plan? and must include at least?Except as provi ded for 1n 29 CFR 191 0. S (a )(S)(ii:) l910 .38 (b)()(i i).EHERGENCY ACTION PL.ANEmergency escaoe procedu res and escape rou te assignments2.Procedu res for employees vho stay behind to conti nuecri t ical p lant operations before they must evacuate3.Procedures to account for all ep loyees af ter the evacuat ion is comple ted4 .Rescue and med ical du t ies!or emp loyees vho v ill ped o n:ithose duciesS.Preferred means of repor ting fires and other emergenciesNames or regu la r job t i tles of persons or depar tmen ts vho can be con tacted f or ( l ) more informat ion or ( 2 ) an explanat i on of duti es under the planAn established emoloyee alarm svscem R!YER!.NCE : 29 CFR 1910.165Tvpes of evacyat ion to be used in emergency circumstancesTraining - - before the plan is implemen ted - - of enough designated persons co help v i th a safe and orderly evacuationFIRE PREVENI'ION PLANl . A list of ( 1) cnajor fire hazards in the vork.p lace, ( 2 ) their proper handling and storage procedures, (3) potential sources of ignition and their control procedures , and ('4 ) the type of fire protection equipment or systems needed to cont rol a fire involving the fire hazardsNames or regular job cl tles of oersonnel responsible for maintai ningQYioment and the systems installed to prevent or control ignitions of firesNames or re&"Ular job ti tles of personnel resoonsible for controlling fuel source hazards'.Housekeep ngp roceduresf<lrpreventingflammableand combustible vaste materials and residues from accumulatingS.Trainingforemployeesaboutthefirehazardsofthematerials and processe s co vhichthey are exposedNOTE : Employers must reviev those parts of the fi re prevent ion plan vhich the employee must k.nov co pro tect the employee in t he ev en t of aR emergency .38EMPLOYEE A!...APJi SYSTeMNOTE: for except ions to t hese rules , see 29 CFR l9l0.165 (a)(l -3 ).Requirements of the Sysceal . Provid e varning for needed emergency action as called for in the emergency act ion plan, orProvide varni ng for reaction t ime for t he safe escape of em ployees from the vorkplace or the immed iate vork area , or both2 . Be recognized above levels of ambi ent noise or ligh t by all employees in the affected areas3.Be dist inctive and recognizable as a signal to evacuate the vork area or to act accord ing co the emergency act ion planOther Requirements1.Employers must explain to each emp loyee the preferred means of report ing emergenc iesEIAHPLES : Hanual pull- box alarms, public address systems, radio or telephone alarm systems, etc.2 . Employers must post. eme rgency telephone numbers near telephones , oremployee not ice boards , and ocher conspicuous places vhen telephones are a means of reporting emergencie sNOTE : Uhere a co111.111unication system also serves as the employee alarm system, all emergency message s mus e have priori ty over all non-emergenc y messages .Em ployer.s must establish procedures for sounding emergency alarms in the vorkplaceNOTE:For exceptions to this rule, see 29 CfR 1910.165(b)(5).39Fire SaretvThe nature or work in industry altimes requires. exposure to fire, heat and various combustible matenals. Fire protection and prevenuon equipment should be providedin all company facilities. The following equipment and procedures are considered essential in a fire safety program:Bulk storage for flammable materials in an area removed from the main building.Underwriters Laboratories listed oily waste containers ror oily and paint-soaked rags.Inspection and testing of fire extinguishers at regular intervals to make sure that they are fully charged and in proper working condltion.Instructions for employees and supervisors in the location on proper use of tireextinguishers and other fire fighting equipment.Posting of fire aJarm and evacuation procedures.Locations of remote shutoff valve or switches tor gas or oil-fired equipment, and procedures to de-energize electrical equipment in an emergency, should be known by employees and supervisors.Approved fire blanket for each area where open flame or welding occurs.8.Fire extinguisher(s) of the proper type located In each faciUty and clearlylabeled.Proper1y vented fire resistant metal storage cabinets for paints. thinners and other flammable materials.Precaution taken against accumulation of saw dust in the air, around machineryand around workbenches by:ausing a fixed exhaust system.b.using a mobile vacuum unit for general cleanup.c.instalfing small vacuum units on dustmaking equipment (sanders, grinders, grinding wheels, wire wheels, polishing buffs, etc.).11.Handling gas cylinders of oxygen, acetylene, argon, carbon dioxide, etc., with extreme caution.Use of check vaJves on welding blowpipes.40Oxygen cylinders an storage to be separated from fueVgas cylinders a minimum distance of 20 feet or placed behind a non-combustible barrier at least frve feet high having a fire resistance rating of at least one-half hour.Cylinders without an attached safety cap are never to be handled.Full or empty cylinders are to be marked or tagged.Cylinders are to be stored in an upright position away from other combustible materials and away frem heat sources and direct sunlight.41WAUTSEERTYPE-=::::·USE REGUL.AR'3--::,:...,..,torDR Y CHEMICALiFl?mmobl?TYPE-Uquld FlreaandforUSE\.-.ElectrfatC02 TYPE'"-..,,Equipment FlrHCarbon Dl01ld1USE MULTI-PURPOSE UDRY CHEMICAL TYPE;er-Uw MU\.T\.rvltl'OU MT Cltl.MCAI.,,.. -?? ?..-9ll...c:i.s ..c "'''QioOlnA wn--"--'?u1SI- Ill'el ,_,,.,.,(Of_ ,USEFOAM"/lfi.rJ -... .?,.WI UHTYPEUst Ory Pewdtr Trpt>""Uquld Fl r??_ ._ c1?e w.ui f"ltn...,_-1u_-.-............-,-__u,..?.......--------------------------------------lrtl-eialWntsElectrical Safetym....-..u........".'.,,._.., .....,.Sfw*°'1"- ', IA ll employees must realize that any electrical circuit is a potential hazard, regardless of the amount of voltage or current present The hazard or resultmg accident can generaJly be traced to defective equipment, unsafe work practices and a lack of knowledge of the dangers of electricity.Defective equipmentTypes of equipment frequently involved in electrical accidents Include motor-driven equipment, control devices, portable electnc tools, switches and panels.Improperly grounded equipment (ground vire.s miss ing , b roken , or improperly connected),Open condu its, svitch boxes , damaged o r vorn connect ions and e.'.<?posed live wires.Insulation vhich 1s defective, inadequate , vorn , fryed , vet , oily or deteriorated , cre4ting shore circuit pssibil ities and energiz? ing equipment frames.d . Detective sv ic che.s , receptac les , e.. tension cordc and lamp sockets.e. Di r ty mo tor wind ings , improperly adjusted brushes and vor n commu? tatoTs.44f . Improperly connect ed power tools and uccec t1vc insu1at1onnport able tools .g.Rroken housings and loose or vib ratinn m chine p rts which might contact and energize tool or machine f r:imes and er.pose live sur? faces to operator .Unsafe practices and work procedures can result in electrical accidents and fires. Some ot the common unsafe acts committed in industry which are to be avoided are:Using ungrounded equipment and portab le tools(excep t doub le in? sulated cools) or remov ing ground connections.Using defective tools or equipmen t in need of repair.c . Using equipment whi ch does not mee t the approval of the Under? "'riters Laboratories fo r the inten<led purpos e .Cleaning electrical panels, svic ch boxes, mo tors and ocher elec? trical equipment with wa ter or dangerous solvents.Over loading circuits or overfusing curcuits by using w=ong size or type of fuse or circuit breake r.f.Failure to use exp losion-proof fixtures, sitches, motors or other spark-proof items in hazardous locations.g . Failing to posiciv ely lock out or ochervise de-enet'gize and tag equipment Ot' circuits to be \o/O rked on. (Relying on gloves, robber cuts , etc ., for insulation 1.1hile carrying out electric;il instal? lation or repair. )h.Installing or extend ing electrical facilities in a manner not meeting the requirements o f t he Nat ional Elec trical Code.i .Closing sllitches or circuit b reakers t'epecitive ty when there is a fault in the circuit.j. Usin g light duty , ungrounded excension cords for industrial service.k . Failing to msintain clear access to elec trical panels (clearance of 30"1s required by the fedet'al code).l.Using e.xtension cords in p lace of pennant!nt wiring inst'allat ions .m . Overloading motors, insulation, wirs anu/or electt'ical accessories. n . Disconnecting electrical cords by pulling on che cords rather thanon the plugs .o. Using met al ladde s \o/h1le vorking on electric l equipment .p.Failing co properly l3b l sw itch p nels anJ boxes.45Utttno Heavy Ob1ectsIndividual lifling capabilities vary with a person's physical cond1t1on, build and stature. The National Safety Council recommends the following procedure for lifting heavy objects . regardless of the person's physical condition (Figure 4):1.Part your feet so that one foot 1s alongside the ob1ect to be lifted and the otheris behind.Crouch close to the object and keep your back straight. nearly vertlcaJ.Tuck in your chin so that your neck and head continue the straight-back hne. (This position helps keep your spine straight and firm.)Grip the object firmly with both hands. Use the palms of your hands as well as your fingers.Draw the 001ect close to you and tuck your arms and elbows close to yourbody.Position your body so that its weight is centered over your feetStart the lift by pushing on your rear foot as you straighten up.6J1.Part feet22.Crouch - back straight53.Tuck in chin4.Grip object5.Draw object close · tuck in armsLift objectFigure 4. Lifting Heavy Objectsl46( SAMPLE PAGE )\..'Ufl h SHU P LOt.:1-\ 0liT S,\ F E'r Y POL.l < ' l ES A!\I> PfH1CEJJL:R t:.·PL·ttPOS E :Sa f e L yi s o u 1· com pa n y ' s to p p1·i o r i t .v . lf t ec t l \'rl oc: k ou t.p roced u re s w i ll pr o t ec tu t ho r l z eu s ta f f d u r i11eq u i pme n t sr v ic i n g a ndre pai r . Loc koll t . p r oc d u re is n1us L be U !;C?dw he ne ve r mLi-c h i n e se r v i c i n st r eq u i re s n s t tt. f f ue r son to i,,·pn ss mach i ne sa f e 110. rci i n! . e x?os i n l{ Id en o r he r t o u n ex pec t edmac h i ne mo vemu 11 1. o r sta r t u p . Spec i f i c.: a l l y , w he ne ,·e r c a u a rd m u s t be re mo v ed o r w he ne v e r t h e s ta f fpr. rso n m u s t ?l nc e a n .vpa r t. o f h is/ he r bod y i n to an ar P.A w he re i n .n1 r v cou ld oc- c u ri f t he mac h i ne r y we r e i d e11 t i o.l J y ac t i v A t e d . i t1o s no L tt Pl'l '· to co rd a ndu J · r:o n ne'·t f-d e c.1t1 ipme n t .RESPONSI R I LIT\':On l yt h P.p p ro p r i a t e st a f fpe rson ls l w no h a v e beeni n st r u c tedi nt h t- loc ko u t p roced u re h a \'c>t h r a u t h o r- i t '' r.oe n at:P. i nt h is a:: r.i v i t.y . tu a l it'1ed s tn f f w hc d o :1o tt'o l l twt he ap?ro pr·1 tr.f' 101-: kou r ?roc p d11 rl!' w i I l OP s ul1.1ec tt" od iscip l :i:u· · ti:: t 1on .BASIC LOCJ\Ot:T fff L.t::S :. Al l mac h i. n :·" mus t be!oc k e='1 011 l <1 u t' i 11s t? :-,· 1c .1. n n1aima i n t ena nc t" 1o.·11e n s t A f f are c:q.1o sed t.o111.:urvc" ro:n acc ide n t a lt:\ r t u p o r aau:h1nc movc111 e11 t.. Do no t a t t n1Ll1t o o pe1·n t t> nn · loc ked 01:t. S\. J L c: h ,' >d "t' . 0 1·o t he r e n e r\Z ysu l a t i n i; de v 1e.LOCKOUT HAR0wA R? :Eve r y em p l o y ee author i zed t o perform lockout proced ur s w ill be assigned t he lock (s) he or sh e needs to saf el y lockout and re pa i r company eq u ipmen t . Lockout hardwa re s hal l be used onl y for lockout. I t shal l nol be used on tool boxes, lockers , or for Any oth r reAson.PREPARATIO!\ :a k e n su r ·v ,· l o l oc:a t c n l l d v i cc s w 11 \ c h w i l l u. ecJ t obe l sol A t ed an dt o make ce r tai n w h .l c h sw .i tc hl s J , v o.i ve ( s ) . o r o t he r enercy 1su l A L l nd ev i ce s H pp l v Lo t heq u 1pmen tto Ue locked o u t . !':!O L'l'tt11u1 one e11e rl(.v sou r"ceI iei l ec t r l ca l ,mecha n i ca l ,e L c . I ma v bei n v ol ved .48l . Be p re pa reo:or l ockou\.. liet1un1l ia r 1o.·1 t ht h e sou r c:t::o o thaznrdou s ener y f o r theq u1 pmcnt t hat1 11 be se r v i ced .2. Not1f v af fec ted staf f mem bers and e m p lo y e e s thH tt hemac h1ne lS tt bout. to be s hut. down and locked ou t .:S . Tu z·n o t' ll h t' m tLc ru neu1u un o L hc :- a u.1l 1a z·' t' 411 1 nnw11 1thl'L l co u l d pu s t: " hl\:t ar<i du r1n!il ser\' l c j n c .4. HAneuver 1.hr s'-·i t.ch , va l ve or o t he r e n e1·(isc.il uL H1S:dev 1ce < s l so t h a t t he mac h i ne r y is i solated from l s energy source l s ). Stored energ y t such as th t in spr1n s , el evated mac hi ne mem bers, rotatJ ng flywheel s, h yd ra u l i csy s t ems , and ai r, gas , steani , or '-"A t er pre s sure e tc . ) mus tbe d i ssJ pa t ec or re!:i t r u1n ed by me t hod s suc h asre p cn.11t 1011111ct , blocK1 ng , ble..0 111? Jown t- L (.·.3 . A pp l · l oC' k l t1 Ilo 111 1 sw1tch t' S 1 v u l \ e to . v iu l h t? ?(.'f a? :·" '1Sol a t 1ncJ e .·l l'\.."lth t h t- U la S ll(Ued 111U J V 1\J ltn JUHS .b . After ma k i n(s\1 r e t ha t no s ta f f a nd emp lo vr c s n r-tt espostt d . make an adcJ 1 1 onal chPci> t.o a ssure t hll t t he e1u r c,·sources huve heen d1 sconnect ed , operl\ te the ?u sh u t oor other norma l operat incontrols to make su r t the machi n<- r.,. does nol op rh l .CAliT I ON : BE Sl:RE: TO RETVHTJI E OPt:HA T l MiO\ T HlJ L I:\ 1 1t. . : :?"NEL'T RA J." OR ··oFF" f'OS I T I O!\ A FT .ff 1nl $ TEST .7 . The aiach l ne n· l s· no"· l oc k ed 011 t..RESTO .R J SG MACH I NES TO NOk.'tA L OPERAT lONSl . Remove tooland unnecessary eq ui pment from t he mAc h i neand work 11rf"a .2 .nspec t the machi ne and i ts compo ne n t s . M o k e sure t h emach i nery lready Lo be operat.ed .3 . Hake su rel l s t a f fnd employees A re cl el\ r ol t hemachine.4 . Rt> -n t tac li u r"1u:s1·u s .5 . Remove11 lo kour devices .6 .o l i f v a ((t" <e1! c. t .\ f fa r.d c m p i u·c s t h:'\tlc i.o\:L s h t ;\'(.?been rrmo v r?1 11110 the 1nuc n1nt?1s 1·eftrl'· t or opt z-n t 1o n .i . Rest.o r ·e e n tt r ,. to t he m nc h1 11e h l' o pe r l\ t 111c A l l lll" ? l <. he.val ves, e t c . , t ht\t were p re,·J ou sl y loc k ed ou t .49COf\ O.\ D tJ L UG Ct > !'i ' E.. ('I L-.l> l'I A C.'H I N E H Yl:se t n eo l l ow i up roced u re s t o ?ro l.ec t yo u r st:J 1 !rout unexpec t ed machi ne s ta r tup or mov eo ment w h e n sei r,·t1.: 1nco t·d and plug connected equi pmen t .Unplug mac h i ne r y f rom it s e l ec t r ica l sock e t .2 . K eep t he p l ui n your possession at a l lt i me s du r 1nqse r,·ic i ng : OR k e<? p the plug within a rm ' s reac h ar 1J i. ri v o u1·l i ne o fs i g h t K t al lt imt- s d u r l neq u 1pmen \. se r..- 1c 111\Z .J . Loc kou t o r coo t.rel a11y o t h t-r sou rce s o th z a t·rJous·ne 1·1·t.ha t cou l d C RUSE" in ,1u ry du r i nser v l c l n il .H a z a rd R n l' l Y '> Ji de- nt.j fi.- s t1nz11 rdous t>ne r::'t n u trr.u <.t t1,..con t. .t·ol J t- rl t ?' J.l "l') f.t' f.'t n f f' ,'\fl? ' c? m p J o \ r t'n.?11: ::1 :11 :·' ? :u 1·.11 .1111tc h i ne r :-· m1j n 1 1:unc(.' . Ttll? sou 1·c.:e t; o ftm.!1u ·c.t o11t-11.- r ·t: ' 1 n 1 :in t.o t.hf>f o J llt1? :n · ca t.t'q u t·h s :-ELECTF< J CA J. : 1-: l t t ·t r l c: i t.v powt"r I. he- mo t o rs ll lllJ c.: ori t ro 1s ''il .1 c.: l1 st a r t. ,s t.011 . l&lll.l cont.roJ\ 111.0 f\ ?l!'ed o f m ttc h 1 11 r " Lvc.:t.JIHt u11 t el ec t.r i c1 t.y w 1 I1 p rev e n l elect rica l shock il nnLt11..· ,.. t.n r l u p t'1 e lec t. r 1call y powered c om}Jo nt"nl s . Some m a,·h i ne too ls aJ1dt he i r a u x i l 1a r" eq u i pme n t ma y tlHV e mo1·e tt1a r1 nntiou rce "' el ec t r ica l P.> n t> ncy .-MECHAlCA i.. : .'11:' :..'h A rlic tun rll · u l lot.. s (..?!I t' lllt.H.:i:s Ill 1·urnp1.111t?1, lto ph y s1citl .o DiO V E- ano the r . The? mo s t con1mor1 .so11 r c c.aa. r t-f l yw he" l s , lf'& rs , c ran ksha t'ts , rams , a nd s?r l nt.t s .leichan c l-l I haz ards w il Jo f t f' n ha v t- Lo be bloc ked , ra t h t> r th>i n l oc k ed .-PNEUMATIC: Pneumatic e ne rg r c rea t es mo L i on ( or su por t )through the use of compressed air or gas . Sou rces ofpneumat ic e ne r y ma need to be block ed , l oc k ed . a nd / o r b l eJ to pre ve n t u n i n r e n t io na l movemei n t o ( m"c h i ncompcnt-11c.s .Loc k a b l e v a I ,.??'t.ha1. '-" .11J hloc1'. a nd / 01· I d '""" t·11m111·-..s"..,.; ,. : 1·mA y ne1?dto be" p l o.c1?d 011 n .i 1· J 1 nl.* s .-HYDkAL'Lll' : H w11 .u1l1t· t"Ol!' t'( Y ut:>S 1 J u 11t ?.in?:i... 1· 1Jt·...... 'u:··· t vc ren te suppo r t and / or mac- h!n" nio v eme t1t . L 1 ku11e1;nm \. 1 cene r g,i t m:1y 11 f'l1 r.o IJt." b J uC' k??u , lc.1c k f'c1 , "1llfl / u 1 l ? J ,?.J L "?p reven t unintent ional mach1 ne- move ent .-THERMAL : The rm1'1 e ne r y ,t.ht e ne- r y o f h E- n t 0 1 c.: o ld ,i ::;often n by-prod uct of many mcnu1 ac turi n? or?embJ yP r oc e ss<? s . I n many cas e , t h" o11 y w a · t l., p r e- ""11 l 1 11 j ur rf rom t h P rma Je n ei r ,. i s t o l oc k o r bloc k Jt ' s su 11 n:t"l t,·p i ca l h· r- l t c.·r r J c t t'· o r (as l , a nd a l lot. Jtlo d n-:i0 1 1n1 l.-OTH t:ic S(tU kl ·E' hem J ca l s , i.. -1u 1 C1s ,A & ?? s . t.> t c.soSTAFF LOCKOUT SA FETY TR A INI NG TESTN a me = ---------------------. u n Au t ho r 1 t·rJ pc·rson s a r e l\l O'- ti"dto loc k o u t mn r.h 1nn·.A . T ru e8. Fal se. A mac h in e mus t b e l oc ked ou ti f g u n rd s a re remo v ed o r b y passed du rinse r v ic i nq .A . T r u eR . Fll l se. Many m c:- h 1 ne!'( hnv <- m\) r ft t ha n o n e ai u u r ci· o th 11z n r ao11:-.e ne r ;,· t h n tlll l ? '· n e t"dto l>?? <:o n l ro l l et1 h \'l oc k 11111 r.u :. .b1oc k l n " . o r · a J sl}H!.t !. 11ll ?A . T r ue4 . Rou t ine a11\c h J 11t? se r v i c i n g l h a tt ft J.\ e s p l nc C' \o t t nc:u1 t h n \' l ll ?o remo vunrd s req u l re N t he u se o fl oc k o u tP roc o u re s .A . T ru eB . Fa I'ie5 . Hft c h i n e r v t h n ri s no t. be 1n used musr. be locket1 ou r .A . True8. false6. I t is O.K. to wo r k on & mac hine while i t s flywheel i sspinning .A . T rueA . Fa lse7 . You shou hJ m 11 ke su :-e a l l t oo l s a rer r mo n?d be f o:-<" t aS n ct loc k s o t' sA nd s t a. rt.1n a machi ne .T r ues. FnlseSprinrs ca n cause sudden movem en t while repair l n; machinery ·And should be b loc k ed or othe rw ise mad e safe .A . TrueB . FaJ se9 . Be f o re wor k i no n mach i n ry , i t s o pe rn r.1 nc: con t r o l s shou l rt be o pe r-n t cd n f t e r i ti s l oc k .,d o u tt o m n k e su re L iu.?mach ine is sa fe .TrueB . False51HAZARD COMMUNICATION PROGRAIY152HAZARD COHHUN!CATION PROGRAMSelect a hazardous communications coordinator (a trainer is optional)Inventory hazardous chemicalsA . list the hazardous chemicals at your workplace (such as warning labels &nd MSDS 's )!Il. Label all luzardou.s chemical conuiners, requirements include:A . identity of chemicalB . appropriate hazard warning s and precautions C.name, address and phone of sourceD. first aid instructions!. aethod of disposalr:v. Material Safety Data Sheet requirements :(for each chemical)Note : there is no sc.andarc formA . identity of the subsceB . name, address a.nd phone of sourcephysical and chemical characteristicsfire and explosive hazardsE.reactivity informationF. hu.lth huudsG . precautions for handli.ng, u.se and storagepersonal protective measuresemeraency first aid*"* Copies of KSDS ?he?t??hould be available toemployeesV. Employee Training- ba.s ic informationA . inform employeu of ba%.&rd chemical they mayencounter.B . e.xplain physical and hulth hazardsC . e.xplain hov to recognize b.uudou.s cte.mic:&ls bycolor.oder, and appe.aranc?D. identify b&zard.s most likely to be er.countered.E. h.&&ard.s of non-routine jobsF. instruct employeas in proper ha.ndlinb, storage anda&f ety prec:autions ( i.e., clothing, equipment )G. point out t.hin1s you are doing to protect employeessuch as ventilation or en1inee,rin1 C-1.&Dgesexplain varning labels- alert for d.ac.aged labels tobe replacedexplain aterial safety cat.a sbeet.sJ. reviev details of your bLz&rdous coam:unication program vi.th your employee.a** (it vould be vise. to have your employees sign a?tatemant that they have received this training)** (updating ia also required vhen naw c:.acrials areused or rev ised )53,I. Written Compliance Plan. doeu.me.nt in vriting each step of your haza=c communications planB. this plan includes:l. list hazardous materials located in vorkplaco2. describe labeling and varning syste.mJ . describe met.hods of explaining KSDS 's4 . docume.nt bow you vill train your ecployees ( themetbod )5. describe training for non-routine jobsBrnEFITS :l >Both company and e.mployee.s benefit in h.aving a quick andsafe response to an emergency2>Safer, more productive workplace3>It may allow you the opportWlity to replace hazardous chemicals54(U.S. Department of LaborOccupational Safety ? Health AdministrationHyOSHASearch,_::; ='I@Cl Adva nced Search 'MaterialSafety Data SheetMay be used to comply WithOSHA's Hazard Communlcatfon Standard, 29 CFR 1910.1200. Standard must be consulted tor speofic requirements.U .S. Department of LaborOccupatronal Safety and Health Admimstratron(Non-Manaatory Form)Form ApprovedOMS No. 1218·0072IDENTITY (As Used on Label and Ust)Note: Blank spaces are not permitted. It any Item Is not appllcable, or no Information rs available,the space must be marked toIndicate that.Section I'Manufacturer's NameIIEmergency Telephone NumberAddress (Number, Street, City, State, and ZIP Code)!Telephone Number for nformationIIllDate PreparedII!!Signature of Preparer (optional)IISection II - Haza rdous Ingredients/ Identity InformationHazardous Components (Specific ChemicalIdentity; Common Name(s))Other LimitsTLVRecommended%(optJonal). .dsglhazcom/msds-osha 174/msdsfonn.html3/24'2005Section I- Physical/Chemical CharacteristicsIBolling PointIDISpeclflc Gravity(H20 =1)IDIEvaporation RateISolublllty in WaterI!Appearance and OdorIIVa?or Pressure (mm Hg)IDIMeltlng PointID DSection IV - Fire and Explosion Hazard Data'Flash Poant (Method Used)"flammable LimitsllLfLllUELIIExtinguishing MediaIISpecial Fire Fighting ProceduresI'Unusual Fire and Explosion HazardsI(Reproouce locally)OSHA 174,Sept . 1985 .dsg/bazcom/msd ..asha 1 74/msdsform.html312412005Section V .. Reactivity Data1Stab1lrtyllUnstablell11Condlt1ons to AvoidIIE:JDIl ncompatlblllty (Materials co Av oid)IHazardous Decomposmon or ByproductsIHazardousPolymerizationllCondltlons to AvoidlurII1uot DISection VI - Health Hazard DataIRoute(s) of Entry ·lllnhalatJon'>ISkin'IIngestion'>I'Health Hazards (Acute and Chronic)Icarcinogenicity :llNTP?lllARC Monographs'llOSHA Regulated? IISigns and Symptoms of ExposureIMedical ConditionsGenerally Aggravated by ExposureIEmergency and First Aid ProceduresSection VII- Precautions for Safe Handling and Usehttp:tl dsglhazcom/msds-osha l 74/msdsfonn.html3/2412005Steps to Be Taken In Case MaterialIs Released or Spilled!Waste Disposal MethodIPrecautions to Se taken rn Handling and StortngIOther PrecautionsISection VIII - Control MeasuresIRespiratory ProctectJon (Specify Type)1ventllat1onII Local ExhaustIISpecialIProtective GlovesIEye Protection!Other Protective Clothing or EquipmentIlwork/Hyglenlc PracticesI? U.S.G.P.O.: 1986 - 491 - 529/45775@ am m roo'H)tt't?.oSba .goyOccupational Safety & Health Administration200 Constitution Avenue,NWWdshrngton, DC 202l0Page rast uptbttp:/tdsg/hazcomlmsds-osba 174/msdsfonn .html312412005HATER.IAL SAPETT DATA saeerGeneral Safety Rules1 .KNOV your company policy for access to HSOSsNOTE: Do you kno1,1 vhere HSDSs are filed? Oo you knoi,1 the steps to follov a t your job si te for access to HSOSs?CHECKtheHSDSforahazardouschemicalbeforeyouusethe chemicalNOTE: Use the HSOS to prevent accid ents vi th hazardous chemicals, as vell as to respond safely to an emergency si tua t ion that i nvolves the chemical .IDENTI FYthe hazards of vork ingvi th or handling a hazardous chemicalNOTE : Ident ify t he healt h hazards and the physical hazards .4 .fOLLOV the varnings and guidelines stated on each HSOSNOT!:Knov the characteristics of the hazardous chemical and any precaut ions r o take before you handle the chemical.PLANanyemergencyprocedures 1ll. advanceforthehazardous chemical (s)that you vill useNOTE: Use the HSDS to plan your response co any possible emergency si tuati ons involv ing the chemical .REFERto each HSDSforthe hazardous chemicals in your vork area(s)a.s often as necessaryC.AtrrION :DO NOT VA.IT FOR AN ACCIDENT TO B.APPEN BEFORE CHECKING TBEHSOS.57CHEMICAL l.NPORHATION LISTGeneral Safety RulesNOTE: Follov all OSHA guidelines for listing hazardous chemicals.1.IDENTIFY the hazardous chemical (s) in your ·.1ork area(s) f rom theCILNOTE : Do you knov hov hazardous chemicals are listed a t your job si t e (for the job si te as a vhole or for each vork area )?2 .REFER to the appropriate HSDS for any chemical listed on t he CH.for your vork area (s)NOTE: Check the CIL and any HSDSs for hazardous chemicals in your vork area(s) before you use the chemical.HATCH t he hazardous chemicals listed on the CIL v i th the HSDSs on fileNOTE: You should have a HSOS for each hazardous chemical on your CIL. Each chem ical vi ch a HSDS should be listed on a CIL.KEEP the CIL for your vork area(s) v isible at all timesNOTE: The CIL for each vork area tells other persons abou c the hazardouschemicals and possible hazards that are in the \/Ork area .5.UPDATE any CIL \/hen ne'.1 hazardous chemicals are added or vhen a hazardous chemical is removedNOTE : Knov the cut'rent hazards chat exist in e.ach vork area .58Setting Up A WorkstationErgonomics Developing G good ergonomitS program : .EJtCONOMJCS lS A WAY OF TlUNIU:'IG ABOl/T THE DE.SIG Of TOOLS AND EQUlPMC. 'T. iK.E LAYOl/T OF WOP.KICJ.CES AND THE OVEMU. ORCA'.ltl.ATION OF WORX..Jobs tbowld be ace 11p so you do no1 wor1t wuh &bc:nc wn.n.U&e m.ad\111a and cqu.lpmcn1 to do the work_ Apower pn::u u better 11\an ? INlllU.I prut.Dc:sJi:n IOO!J Md cqwpmcu IO kc:cp 'fOUI wruc "' a°'poa1uon.llcdua: diffic:vlty wun rcach1111 by: ?) radllCllll d1-mauioa1 or lllC wurlt Ila swU.c:c. b) al11111 cneaitfx' e. c) p!VYW.an1 au- ..., d\c..face, d) pnrtidm1"lazy ......,, c) . ,.,n.1i.w w.. I) a1ara1-o< .....llUdl., l)uiq diua lllidll) ead ail1sup mded IOOIU'.I&-.-. ··--WORKSTATION DESIQH COf'ISIDEJl.ATlOt-'SSTN'P !NOcJCMd.ia1 c::a11 QIUC f&Dp? and an:u on)'OUI Net. lqs Uld rea panicW.uty 111Mdin1 onhatd mtfKca.. Oppnailia ID cilMp poll-.,?&1ICllWCllmnl andcmnICl&IUt. uc ua·f&llpc c11111oa nas and aaahiaae:t Wok lboa _,11 lldp srai!Y ID radlx:c lftU lllid Cape.Peapk wbCllc CIUlt'C woricJo1d&yl1lcm IO "' dacrw aood dwn. !Aadcquc dwn an coacn? busc 10 Mcie Jll'a&......... faape Ulddbcamf M allia!\al& ID?IJ I "Sil?tan? JIMd.E.m,loyca QI) pni,.. ..p&P4J' lllacwhidl rm- oa\1111 CMnlOn_,dlolal n::ally llllllll- fmliJoyta VC CU.I)' a.tic IO aD?C uvund wilhollt Uic ctron of 1r.zrn1 In w1 OUl or a du.it.81Designin g the workplace for mainta.inabiJity can also eliminate some awkward activities in the production process.A_·-__,......._,_,...Pnys1c.t bsucs -fum1nin:.equipment. b eti;hu, rC":ldlcs .mooihry 2/ld i;ooa hun;·ma&u111111c ..,onrpt2CcUut1Jl1cy -wcr fncmJly\l .:>rk orpnu;;auon - acCO\lnllng for wu cs 1ucn as rc:spo1W bihryfob4cas on UUNOc, lml Sooc.I "'ONl'CK ICbcdulcs?DISPLAYS/SIGNSSigns and labels should contrast with their back? ground. In some siruarions, language and literacy may be an issue, and pictorial$ should be considered .Digital displays arc best when precise information ts required..Gauges arc faster for giving general indication .Displays help organize complex. information1 suc:b asprocess controls.Other design issues to consider arc:Warnings must be distinct from all other signals. This may mean using a horn when many lights arc displayed or a flashing light in a noisy en? vironment.Patterns enable employees to recognize infor? mation quickly and accurately .Redundancy provides the same information inseveral forms and can reduce errors. For ex.ample:) Warning signals that include both lightsand sound.2) Mailing addresses that include both a.written address and a zip code. 82'.\10 T FREQtETL \ :\ KED Ql"E TIO:\"Q.\re back-u p alarms requ 1red·1AOnl\ on construction !>Ile or 1f a physical d1sabilit\' dictate( Blind or deaf)QCan front end auachmem s or extended forks be added 10 fori...hfts., 4 2 I &4 2 :A.\.SJ Aot without the manufacture ·s pnor wn uen appro\-al3QA.re spmner knobs pennaned ., 47 t ne\' I993 > A.'.l'\SlApinner knobs are penmued and must be wu hm the periph ery of the wheel and installed b\the manufac1urer4QIf someone has been tramed by a previous employer do they have to be retrained 'ASec 4 19 2 A! 1Sl and compare to new 1910 178 (1)(6Xii)It is possible that pn or experience and training could suffice under the new lawHowever. documr:ntat ion requirements under the new standard make il extremely difficuh such that new operators will require training an almost all circumstancesQA.re seat belts and/or wing end seats required'> 5 3 19 Al'\S IAIf scat belt s or wmd end seats are installed they must be usedThey may not be added orremoved from the lift except by manufacturer or their representative6QHov. often do forklifts have to be i nspected '> 5 5 I ANS IAi.\t the begmrung of each sh1fi7QHo\.... do LP Lanks have 10 be msLalled,,AThey must be onented on the locator pm "hen mounted honzomallv 1 910 I 10 (e)(5)(iv)(b)8QCan more than one person ride on a forklift,.,"o. unless there 1s a second seat installed b}' the manufacturer for that purpose270\la\ docl.. locks be u. cd as a subsmut ror hock!)Yes. 1f t he dock lock has been loed to :he IC Bar ana 'enfiedee 0 Hlnst rucuonTD 1 -1 1 - dated .\ugust 5t IQ I10Q\re hard hats required to be ''om b\ opera tors \\ hen operaung lifts" 1 910 1 32 1d )( I )AYe . 1f t he compan} ha perfonned a per ana l protecll\e equ1pmenl haza rd assessment and h determined the use of hard hats ma\ pre' ent an accident1 1QAre fixed Jacks required " 1910 178 C k )( .. lAI f there 1s a danger from the weight of t he load being loaded to the fron t end of t he t ru ckw hen the t ract or i uncoupled from the trailer. Ii·ed Jacks must be used1:?QDo both rear \\ heel s need 10 be chocked,,AYes. both sides13QWhose responsib1lil) is ll to chock the wheels. the truck driver or the lift operator?AEu her, but the lift operator must vcnfy the wheels ha ve been chocked14QAre scissors lifu and ..cherry picker'' type lifts covered by the powered mdustnaJ truckstandard?ANo - these are specialized liftsSee generall. CFR 1910 66 & 67 or the ConstructionStandards28Pt,,p,,o, .r::r> _;;,v.':;,-AJ, -t '--/ /? 1A.":K 5. TAT I TICTHETADARDJfue following ecuon ( I ) of CFR 1910 17 utled ..Operator Training' · replace t he'i9;.;.(. sec11on The ,.s; zIstandard is com prehensive andrelated solely to training Thi change indicates t he emphasis OSHA places on training as a means to improve \\ ork place safet}1910.178 Powered ind ustrial trucks.Operator training.( 1) Operator qualificanonsThe employer shall ensure that each potential operator of a powered industnal t ruck is capable of perfomung the duues that are req uired of the job(ii) ln determi ning operator qualifications, the employer sba11 ensure that each potential operator bas recei ved the tra1ru ng required by this paragraph (I). that each potential operator has been evaluated by a designated person while perforrmng the required duties. and that each potential operator perfonns those operations competentl yTraining program i mplementation .The employer shall implement a training program and ensure that only trained drivers who have successfully completed t he training program are allowed to operate.I powered industrial trucks Except ion Trainees under the direct supervision of a designated person shall be aJlowed to operate a powered industnal truck provided the operation of t he vehicle is conducted m an area where other employees are not near and the operau on of the truck is under com rolled conditions) Traini ng shall consist of a combmaaon of classroom instruction (Lecture.d iscussion. video tapes. and/or conference) and practical traming (demonstrations and practjcaJ exercises by the tramee)C iii)All trammg and evaluauons shall be conducted by a designated person who has the requisi te kn owledge. training and expenence to train powered indust rial Lruckoperators and judge their competencyC 3) Training program contentPowered mdustna l truck operator trainees shall be trained m che folloy,,1ng topicsu nless the employer can demonst rate that some of the topics are not needed for safe operat ion( 1) Truck related topics) All operaung mstructton s. warnings and precaut ions for the types of Lrucks the operator will be authorized to operate.<B) Similariues to and differences from the aut\lmobile.( ()Controls and mstrumemau on location. what they do and hov. the work .I Dl Pov.er plam operau on and m:11ntenance.r E lteen ng and maneu\'en ng( ) \'1 1bilm ( including restnct1on:1 due to loading I( G) Fork and attachment adapta11on opera11on and hm1ta11on oitheir u11h zat1onIH) \ ·eh1cle capacm .( I ) \ 'etucle stabtlu'(J) Vehicle mspecuon and maintenance .{ K} Refueling or charging. recharging bartencs .C L) Operaung hnmauons.and( M )An ot her operat ing mstrucuon . warning or precaut ion listed m the operato r' manualfor the type vehicle which 1he employee lS berng tramed to opera te( ii ) Workpl at.e rt!la1tl topi cs(A } urface condmons where Ihe veh1cle will be operated .(B) Composit ion of probable loads and load stability. (C)Load marupulau on. stacking. un-stacki ng.(0) Pedestrian t raffic.(E) 'arro"' aisles and other restncted places of operation.(f ) Operaung in hazard ou s classified locallons.(G)Operau ng the t ruck on ramps and other sloped surfaces that could affect t he stability of the vehicle.(H Other uruque or potential! hazardous en"1ronmema.J condicjo ns that exist or mayexist in the workplace , and) Opcraring the vehic!e in closed environment s and other areas where msuffic1entventilation could cause a buildup of carbon monoxide or diesel exhaust (iii)The requ1rements of th.is section{4) Evaluation and refresher or remedial trainingSuffi cient eva.luauon and remedial 1rajning shall be conducted so that the employee rctarns and uses t he knowled ge. skills and ability needed to operate the powered mdu stnal truck safet(i1) An evaluat ion of the perfonnance of each powered industrial truck operator shall be conducted at least annually b a designated person(iii)Refresher or remed ial training shall be provid ed when there is reason to believe that there has been unsafe operat ion. when an accident or a near-miss occurs or when an evaluauon md1ca1es thal the operator 1s not capable of perfonnmg t he assigned duties( 5) Cemficauon.( i) The employer shall certify that each operator has received 'the tra mrng. has been evaluated as required by this paragraph . and has demonstrated competenc 3 m the perfonnance of the operator's duues The cemficatton shall include the name of the t rai nee, the date of training , and t he signature of the person perfonrung the 1rainmg and e\'alua11on( ii ) The employer shall retai n 1he cu rrent training matenals and cou rse ou tline or the name and address of the person \ ho conducted the traimn_g if i t was conducted by an outside Lrai ner101 A\ oadance of Du placauon T ra1mn!!( I ) Each current t ruck operator '"ho ha) recc1,ed t ra mmg in an of the elements speci fiedin paragraph ( I )(3) of t his secu on for t he 1ype of tru cks the employee 1s authonzed 10operate and 1he type work place 1ha1 1he t rucks are bemg operated m need not be ret rainedin chose elements 1f the employer cemfies m accordance'""th paragraph ( 1)(5)(i) of th1 section that t he operator has been evaluated to be competen t to perfonn those duues( ii ) Each new truck operator who has recei ved training m anv of t he element s specified in paragraph ( {}(3) of th1 secuon for the types of t ru cks the employee will be au thonzed to operate and the type of workplace in "h1ch the trucks will be operated need not beretrai ned in t hose elements before ma ual assignment i n the work place 1f the employer has wmten docu mentauon of the training and if the employee 1s evaluated pursuant to paragraph ( I )( ) of this secuon to be competent/11"'5ote to paragraph (I): Append ices A and B at the end of ctm.section pro\.?ide non?mandatory guidance to assist em ployers in im plement ing this paragraph (I).Aooend ixq to 1910.178on-mandatory appendix to paragraph (I ) of th1s section) A-1. Opuacor SelectionA- t IProspective operators of powered industrial tru cks should be identified based upon their ability to be trained and acconunodated to perform job functions that arc essential tot he operau on of a powered indu stnal truck. Detcnnination of the capabilities of a prospecu ve operator to fulfill the demands of the job should be based u pon the tasks that the job demandsA-1 2The employer shou ld identify all the aspect s of the job that the employee mu st meet/perfonn when doing his or her jo b These aspects could include the level at which the employee must see and hear.the ph ?s1caJ demands of the JOb. aod the env1ronmentaJ extremes of the jobA- 1 3One factor to be considered is the ability of the candidate to see and hear withm reasonably acceptable limits included in the vision requirements are the ability to see at distance and peri pherally In cena.in i nstances, there also 1s a requirement for t he candidate to discern different colors. primarily red. ellow and greenA-l 4The environmental extremes that might be demanded of a potem.1al powe red mdu stnal truck operat or include tha1 abili ty of the person to work in areas of excessive cold or heatA- l 5After an emplo ee has been trained and appropriate accommodati ons have been make. the employer needs to decermme whether the employee can safely perform the JObA-2. Tht :Wetbod(s) of Trai ni ngJA<? lAmong 1he man' melhods of training are the lectu reonrerence. demons1ra11on.t est ( wrmen and1or oral ) and t he pracucal e'emseln most instances. a combination oft hese merhods have been succe full\ u ed to 1rain emplO) ee in 1he kno\.\ ledge. skills and ab1liues t hat are essential to perform 1hejob functton that t he emplo\ec 1s bemg trained to perform To enhance the 1ra1rung and to make the t rammg more understandable t o the employee. emplover and other trainers have used mo"1es. sbdes. \1deo tapes and other v1suaJ presentauon\1akmg t he presentation more understandable ha several ad\'antages tncludmg( I ) The emplo\'ee being trained remain more a11en11"e dunng t he presemauon ifgraph1caJ pre entat ion are used. there by increasing t he effecU\ encss of the training.C) The u e of "isual presemau ons allo"'s the trainer to ensure that t he necessa" informat ion 1s covered dunng the trammg.rv(3) The u se of graphics makes bett er uti hzat1on of tbe trammg u me by decreasing theneed for the instructor to car . on lon.2... discu ssions about the anstruct 1onal rnatenal.Tra ining Program Con ttn tA.-3 IBecause each r rpe (make and model ) powered mdustnaJ truck has different operau ng cha ractensucs. hmu auons and other uruqu e features. an opumu m employee training program for powered mdustnal truck operators must be based upon the type vehicles that the employee will be r ramed and authorized to operate The training must also emphasize the features of the workplace which mu st mcl ude the general safety ru les applicable to the operauon of all powered industnaJ truck>A-3.2Selection of rhe methods of traini ng the operators has been left to the reasonable determination of the employer Whereas some employees can assimilate instructional matenals while seated in a classroom. other emplo ees may learn best by observing the conduct of operations cdemonstrauon ) andJor by having to personally conduct the operations (pracucaJ exercise) I n some instances. an empl oyee can rece1ve valuableinstru ction through t he u se of elect ronic mediums. such as t he u se of video tapes andmovies. ln most instances. a combmauon of the different trai ning methods may provide t he mecharusm for providing the best training in the least amount of tune OSHA has specified at parll!Uaph (1){:?)(1i) of this secuon that the ·t raining must consist of acombmanon classroom mstrucuon and practical exercise The use of both these modes of instrucuon is the onJy way of assunng that the tramee has received and comprehen ded the i n st rucuon ano can uuhze the mformauon to safel operate a powered industrial t rue"-4. lnitiaJ Trainin gIThe follo" mg 1s and outh ne of a generalized forklift opera tor training program ( l l Charactenst1cs of the powered indusmal r ruck (s) the employee " ll be aJlo"'ed to operate( a )1milant1es to and differences form the automobile .C b) Controls and instrumentati on locauon. 'hat t he\ do and hov. the work t c) Power plant operau on and maintenance .(d ) Steering and maneu venn .( e ) \'1s1bil11v.( t) f-ork and?or attachment adaption operauon and hmnation) of 1he1r uuhzauon.(g) \ "etuclc stab1luv .(I I Vehicle anspecuon and maintenance .·(J ' Refueling or charging. recharging battene.110 Operat ing h muauons(I) Any other operaung mst rucu on. \\arnmg or precauuon llSled m the operator ·s manuaJ for t he t pe vehicle which t he employee 1s bemg train ed to operaleIhe operating em1ronment) Floor surfaces and or ground cond itions "'here t he vehicle v.111 be operated.( b) Compos111on of probable loads and load stab1h1(c) Load mampulauon. stacking un -staclang. C d) Pedesman traffic.( e) :Sarro"" a1sle and restricted place operation .(f) Operat ing m classified hazardous locations.(g) Operat ing the truck on ramps and other sloped surfaces t hat could affect t he stabmty of the vehicl e,) Other u ruque or potenu ally hazardous em1ronmcntal condmons tha t eXJst or mayexist Ul the workplaceOperaung the vehicle tn closed enwonments and other areas where msu ffic1cnt ventiJation could cause a buildup of carbon monoXlde or diesel exhauSt{3) The requirements of this OSHA StandardA-S . Traintt EvaluationIThe proVJs1ons of these proposed requi rement s specify that an employee evaluanon be conduct ed both as pan of the tra.irung and after comple11on of t he trainingThe injtiaJ evaJuauon 1s useful for many reasons.including( I) the employer can dctemu ne what methods of i nstrucuon will produce a proficienttruck operator with the minimum of ume and effon .(2) tre employer can gain insight into previous training that the trainee has received , and(3) a determination can be made as to whether 1he trainee \\ II be able to successful!\operate a powered industnal truckThls 1rutiaJ evaluation can be completed by ha ving t he employee fill out a questionnaire by an oral intcMC\\ , or b a combmauon of the e mecharusmsI n man cases. a ns"'ers received b\·the emplo ee can be ubstanuated b., contact Wlth other emplo ees or previous emploversA-6. Refrher or Remed ial Tra in i ng..\-6 I(The t pe mformauon li)tcd at paragraph \-o :of th1 appendix \i.oul d be used "hen 1he training 1:> more than an on-t he- pot correcuo ns ha\ mg to be made l When an on-t he-spot correcuon 1s used . Lhe person mak ing t he correcuon hould point out the incorrect manner of operation of the truck or ot her unsafe act bemg conducted . tell the emplovee hov. to do the operatt on correctly. and then ensure that the employee does t heoperauon correcllA-oThe follo"1ng items ma y be used ' hen a more general . structured retrammg program 1s uuhzed to tram employees and eh mm ate unsafe operauon of the vehicle( J ) Common unsafe situauons encountered m t he \\Orkplace,(:!} L'nsafe meth ods of operau ng observed or known 10 be u sed13) The need for constant anent1\.eness to the \ Chicle. the w ork place condmons andthe manner in whJch the vehicle 1s operated3Details about the abo\e subject areas need to be ex. panded upon so that the operator received all t he mformauon which 1s nece sary for the safe operauon of the vehicleInsight into some of the specifics of the above subject areas mav be obtained form the vehicle manufactures' li terature. the national consensus standards (e g the ANSlB56 senes of standards (current revts1ons)] and dus OSHA StandardAppend ii B-Sca bility of Powrred Ind ust rial Trucks. ·on-mandatory appendix to paragraph (l) of tru s section) 8.1 DdioitionsTo understand the principle of stability, understanding definitions of the following isnecessaryCenter of gra\1ty is that point of an object at which all of t he weight of an object can be considered to be concentratedCou nterweight 1s the weight t hat is a pan of 1he basic structure of a truck that is used to offset t he weight of a load and to maximize t he resistance of the vehicle to upping overFulcrum is the axis of rotation of the truck when n tips overGrade is the slope of any surface that is usually measured as the number of feet of rise or fall over a hu ndred foot horizontal distance ( 1h1 measurement 1s designated as a percent)Lateral stabiht 1s the resistan ce of a truck to upping over sidewaysLine of actjon is an unaginary vertical line through the center of gravn of an object Load center is the horizonta l dmance from the edge of the load (or the venical face ofthe forks or other attachment ) to the hne of acuon through the center of grav1r\ of theloadLongitudinal tability is the resistance of a t ruck to ovenummg forward or rearward\1omem is t he product of Lhe "eight of the object umes the distance form a fixed pointIn the case of a powered industnal truck.the distance 1s measured from the poim that the truck v.111 up over to t he hne of acuon of t he objectThe distance 1s alwa s measured perpend icular to the ltne of actionTrack 1s the distance betv. een "'heel s on the same axle of the elucle6\\'heelba e 1s the distan t bemeen the centerlm of the from a nd rear wheels oi a\ eh1cleB-2 GeneralB-:? Itab1lm determmauon for a po"ered mdustna l trucl. 1s not complicated once a fe\.\ basic pnnc 1ples are unders1ood There are man factors that influence \ erucle stabila'Vehicle wheelbase . track. height and weight d1stnbut1on of the load. and the location of t he counterweight s of the 'ehicle (1f t he vehicle i so equipped). all contribute 10 the stab11il\ of 1he vehicle8-:! :!The ··stabilay mangle ·. used m most d1scuss1ons of stab1hr . 1s not mysteriou s but 1s used to demonstrate truck tab1hl\·in rather simple fashion8-3 Basic PrinciplHB-3 IThe detemu nau on of whet her an ob1ec11s stable 1s dependent on the moment of an object at one end of a s stem being greater than. equal to or smaller than the moment of an obJCCI at the other end of that system This 1s the same principle on which a see saor teeter-toner work s.that is. 1f the product of the load and distance from t he fulcrum(moment ) is equaJ to the moment at t he other end of the dev1ce. the device 1s balanced and tt will not moveHowever .if there 1s a greater moment at one end of the device.the device will t ry to move downward to the end with the greater moment.B-3 2Long1tudinaJ stabiljcy of a coumerbalanced powered industnal tn.1ck 1s dependent on t he moment of the vehicle and the moment of the loadln other words. if the mathematic product of the load moment (the distance is from the front wheels, the pomt about which the vehicle would up forward) the system 1s balanced and wiJI not ijp forwardHowever.1f the load-moment is greater than t he vehicle-moment . the greater load-moment " ll force the tru ck to up forward8-4 Tbt Stability Triangle8-4 IAlmost all counterbalanced powered tndustriaJ trucks have a three pointsuspensi on s stem. that is. the vehicle is supponed at three point s This is true even if i t has four wheels The steer axle of most trucks is anached to the truck by means of a pivot pi n in the center of the axle Thts three point suppon forms a tnangle called t he stabilny Lnangle when the po1ms are connected wuh 1magrnaI) lines Figure I depicts the subili ryt nangle8-4\ hen the line of acuon of the vehicle or load-vehicle falls wn hi n the stabilitytnangle. the vehicle 1s stable and \\lll not np O\CrHowe"er. wh en the h ne of action of t he vehicle or t he vehicle/load combmauon falls outside the tab1luy tnangle . t he vehicle is unstabl e and may up over ( See F1ure 2 )7Oefini t ionChemica l In fo rma t ionList --r! t tenreco rdo f all o: the hazardous chemicalspr-esen c a tyour j ob si te .The Chemical Informat ion Li s e ( CI L ) ?rovides valuable i n forma t ion t o you a ndto fire figh ters abou t t he cype and te location of the mate ria s classified as hazarrious cha are present a t your jo b si t eOS8A Requ i r emen tsYour Chem ical Informa t ion Lise musList he h a za rdous chemica ls knovn to be presen t ac your jobs i t e2 .U se an identi ty ( for t he c!"lem1cal Jcha t is referenced on c ne appropr iate HSDSJ .Apply co t he job s·ce as a vhole or co indi v idual vork a r easNOTE:-he Chem cal Inforcation Lise should record al:of tne haza rdous chemicals:or vhicn you have a HSDS, and you should hav e a HSDS for ev ery hazardous chemical on the Chemical nforat ion Li s t .MATERIAL SAFETY DATA SHEETHead ing and Hanufacturer's Da taMarena! Saf ety Data SheetMay be useo 10 comely with OSHA'$ Hu rd Communic:aI1on Stanc arc. 29 CFM 19 10d 2CO. Stancato musct ce c:::n sull ec3 lor scec:lflc: requr.rements.IDEN TITY (As Used on Label and Ust)<DSection IManufacrurer's NameU S. Deoar:m n t o r !..aoo r CCC'.QltlC/\11 S'f t ty lf\O "'UI :Jl J.e':'\ J n11: 'IOI\ CNon-r-anc itory;orm ,;,,,., A00r0'?cne Na. 12 1e-oonNot?: 8Jutk 1pac?? M?nor p ?rmllT MJ . II ?ny tt?m 11not applbb/ ?, or no inlormat10n i? ?vaiiabl?.tit?$O?c. muS1 b?marlc?d to indi t? lh?t.Emergenc'J Telepnone NumcerTetepnon? Numoer tor 1nrormcnIOate Precared ISi;na.ture cl Preoarer ( aot10naJ )1 .Hov is this chemical reter ed to?Hov many names exist for this chemical?2.Vho is responsible for prepar ing or d isc ibuc ing this HSOS?\/hocan I con tac tfor morei nfo r-ma t i on a bou tthis chemical andabout any emergency procedures to follov?59KATeRIAL SAPETY DATA saeE':'Ha ardous Ingre i en ts GeneraTer.:is?.aiaraous Components - - The che1ca.and common name of hazardous ingredien t s, includ ina all synonymsANS ERS : Is this chemical a mlxt ure?ha t are the hazards of tne ind i vidual ingred ients?2 .PE- · Per:niss1bl eExpos uc-eLi:n:.. c .or:he c:oncen ::-a iono facnem1cal to vh1c h you may be exposed ·.1i thouc i l. effects for S nours daily, 40 hours per eek, for t he resc of your career. P L is expressed in parts per million (ppm ), par es per billion (ppb), or milligrams per cubic meter (mg/m3). PELs che exoosure l m1; set b?1 OSHANOTE :The Permissible Exposure Limi t can v ary from one person to another , depend ing on habl ts of persona l hygiene , smok ng, and o t her actors. The P?L!or one person may not be ne same as t he PEL for another person.ANSVERS : Hou much of chis chemical can I be exposed to 8 hours per day, 40 ho1..rs per veek, for che rest of my career v1 thou t any ill effec ts?3 . TLV - - Threshold Limi t Value, or t he coneen t rat ion of a chem1 cal coh 1ch you may be exposed Y:thou t ill ef!ects fo:8 hours dai ly, '-0 houcs per ·.-eek, foe- the rest of your career . -:._·; :s t eoer11;ss1ble exoosuri: l!r.i i t us ec bv he A,.,e:::a.n Conf '!:ence o :Governmen· a: Indust: al Hvg1,n1s r.s< ACG H'ANSVERS : HoY much of this chemical can I be exposed to 8 hours per day, 40 hou rs per Yeek , for the rest of my career Y i t hout any il effects?4.?rcent (%)Te percentage oE t he total substance accoun ted forby a hazardous ingred i entANSUERS : HOY much of this substance is made of a hazardousingredient?O ther Limi ts - - Limi ts recommend ed br theanufacturer or impo r t ero f the hazardous substanceANSVERS : Vha t other limits should I knoY abou t?CAS Numb er -- Chemical Abs t rac:s Service r.umber chat speci f i cally identi fies chemicalsNSUERS:HovcanI findthe specificcheoicalnameofthis substance as i t is ident if ied by :he Chemical Abstracts Serv ice?60MATERIAL SAFETY DATA SBEETHazard ous Ingred ientsSecuon JI ? Haz.a rdous lngredlents:ldentlty lnformalfonn a.:arccus Ccmccn1n1s (Scec.m:C 1""'ica1 ioenwr Common N amecs lACGlH 1.VCinar Lun.isP11c=mm1rc&c'? raot'oflafl@? 5 Is t his chemical a mixture ?Vha t are the hazards of the indivldual ingred ients?2.Hou much of t his chemic al can I be exposed to 8 hours per day.O hours pereek, for the rest of my careeri thout any 1 1 e ffec cs?).Hou much of this substance is mad e of a hazardous ingred i ent?4.Vhat other limi ts should I knou aoout ?5.Ho11 can I find the specific chemical name of this substance as !tis identified by the Chemical A bs tracts Ser'lice?61Physical/Chemical Data General terms1 . Bolling Poin t - - The tempera ture ac vh1ch a liq uid changes to a v apor, usually given in degrees Fahrenhe1 c at t he sea- level pressure oE lG.70 psi (760 mi llimeters o:me c: y)ANSVERS : A c hat tem perature v ill this cneoical cr.ange to a v aoor (to become a possible inhalat ion hazard )?2. Vapor Pressure -- The pressure exerted by a saturated vapor - - a vapor a t the t em pera ture of t he boi ling po _n c correspond i ng to i t s pressure - - above i ts 0110 liquid , expressed in m i llimeters of men:.ury {Hg ) . Usually , the higher t he vapor pressu re, t he fas t e: t he liquid ill enter the a i rANSVERS : Ho1.1 fast does this chemical en ter the ai r (to become apossible inhalat ion hazard )?).Vapor Densi ty ·? The ratio of the d ensi t y of a vo lume of v apor to the densi ty of an equal volum e of air.Air has a vapor d ensi ty oc( l ) . Vapors i th a densi ty less t han ( l ) rise in ai r , h ile t hose ui t h a densi ty greater than ( l ) sinkANSVERS: !Jill this chemical as a vapor rise or sink in the air? (IE the vapor rises in ai r , then i t could become a possible inhalat ion hazard.)4 . Sped f i e Gravi ty The rac io of the 1.1eighc of a volume of mater ial compared to the ve igh t of an equal volume i n ac er .!Jater has a specific g-:-avi cy of (1) . !..iquids and solids ?.1i ch a specif ic gravi ty less t han ( I) floa t on vacer , ·.-hi le t:iose ?.:: r. a specific gravi ty gea ter than ( l ) sinkANS ERS : Vill this chemical :loat on acer or s nk75. Evaporat ion Ra ce -- The race ac vhich a substance ill vaporize, compared to t he rate of vaporizat ion of a knovn substance such as butyl acetateANSVERS:Ho11 f as t does this chemical en ter the a ir (to become a possible inhalat ion hazard )?6.Solubili ty in Vac er·- The amoun t of a substance t ha t can be dissolved in a given volum e of va cer , usually exp ressed as milligrams per li ter (mg/l)7. Appearan ce and Odor -- The appearance and /or odor of the substanceANSVERS : Can I detect this chemical by the vay 1c looks and/or by tne vay i t smells?62KATERIAL SAFET'f DATA SBEETPhysical /Chemical DataSelon 111 ·Physlcal/Chemlcal Charactens1ics([)I201hng Poin1So1c::11c: GravityII(H"'O?l lacorPr usur tv:1m ri<;J IJ Mt llrng Fo1ruVapor Densny (AIR I )E?1acorattonRatt (ButylAc11a11 ·\Sotucd11y rn Wa1erAcoeanca anc Cc:lr(f)l .A t11ha : tem pera c u re11111 ch ischemical changeto avapo r( cobecome a possible inhalation hazard )?2.P.011 fas t does t h is chemical en ce rt he a:r (o becor.ie a possi b e in ha la t ion ha za rd )?3.lli ll c his chem ical as a va por r he o r sink i n t h e ai r ? ( If t n e vapor r ises in air, t hen i t could become a poss i bl e i n hala t ion hazard .)4.Uill this chem ical float on va ter or si nk?5.Ho11 fast does t h is chemical en t e r:he a:.: (:o become a poss !:> _e inhala t ion haza r d ) ?6.Ca n t h is chemical be mixedna t er ?Can :de t ec tth is chemical by cheay i t looks and /or by the vay1c smells ?63MATERIAL SAFETY DATA SHEETFi re and ?xplos1on Hazards General Teemsl .FlashPo1n t- - The lo·;estt empe ra t u re a :·.1h ich al.!q u id:.t!l! l gni:e i n t e p=esence of a flame, buti l!not concinue to burn. Usually expressed i n deg=ees Fahrenhei t. Should also 1ncica:e tne uethod o! decer 1n.1ng the flash poin: , since di Eferenc metnods resol e in differen tiguresT?le lo1.1erthe Elash point, the hiiher the f lammao i l!t y o!t he l qu1dANS"JERS : Ho1.1 flammable i s c h is chemical as a liquid? 11111 the liquidbu rs tin toflame (become a possible explosion haiard )in the presence of an igni tion source?Ho11 soonf !re andFlammable (Explos i ve)Limi ts - - The range over 11hich a vapor mi xed '-'i t h at e 1.1 111 flash or explode in the presence o f an igni tion source (instead of burni ng). The range s beceen c he L?L ( Lover Explosive Li i t ) and the UEL (Upper Explosive LiQi t ). LEL and UELsho11 the lovest and the highest amount of a che 1cal (percen tage ) in a1xture of the chemicali th the &:, that vt l! cause thea1x t u re to be explosive (See belov)Higher H au: d i fl.Chem ical has a lov LEL - - A small amount of the chemical in air can e:cplodeChemical has a wide range bet een LEL and VEL - - Chemical in ai r can ex?lode und er m any conoi t1nsLover Hazar d i I .Ch em i ca: ::u a na :=o-.1 ::-ange 'bet·1en :.El a nd :.:E :. ·- Ch em?ca:in air can e:tploce only uncere::a n conc!1onsANS\IERS : Hov explo ive is this chemical in ai r?Extinguishing Media - - Substances needed to con trol che hazardous at erial in case of fire.Uses generic names such as vat er, sand,f og , foam , dry chemical, etcA.NSVERS: Vhat equi pment do I need to put ou t aire chat involves this chem ical?4 . Special fi:ef1gn c i ng Procedures The "suostance-spec !f1c" procedures to follov to con trol a fi e eergencyA.NSYERS : 1hat should I do (and no c do) vhen responding co a f ire that involves this chemical?<J ? Unusual Fire/Explosion Hazards -- Any fire ov erh ea t ing the hazardous ma terial. suc!l changes in the mat erial's com9os1c1on, ext ingui sh1ng the fi rena%ards f:om burning or as chemical reac.c 1ons , oco<nerhazardsinA.NSU?RS: Uhat ocher hatards could resul t 1 f this chem ical burns or explodes? 64KATER.IA!. SAPl?T Y DATA SBEE7Fi re and LXploson HazardsSection IV ? Fire and Eptosion Hazard Oa1aF asn po1n1(j)I-=- ? Sceoa.J Fre F ;:?::n9 FrcaavresUnusuai rte ana S1cs1on t"a.urosHoula .ma ble !.shis cheo1:a:as a .qu1c?r.o\. soon 1.11 1the liq u !d 'bu:st1n co :lace ( :o oecor.1e a ?OSS b leE: re and explosi on nazara ):n tne presenc e o:an 1gn1 t!on sourc ?Z .P.o ex p los i ve is th s che 1cal in a1r?3.Vha teq u i pmen tdo I needco put ou t afi re t ha tinvo lvest h ischemica l?4 .Vhat shou ldI d o(and NOT do )vhen respond ngto a f i reha t i n'lol'l es ch is che:uca::'5 .·ha to ch e rha:a r dscould :esu l :·&t h:schemlca.:.b unso re:q::od es "65HATE.!UAl. SAPETY DATA saeerReactivi cy HazardsGeneralermsl.Scabi l1 ty - - Ind icates ·.1het her a chemicais stable or unstable und er normal cond!t:ons, and includes any cor.c1 c!onso avoidANS ERS : Und ernatcondi t:onsist h sce :c!st bleana unstable?ha t cond t ions should :avoid ?2 .Incompat ibili tyi ch the chemicalAny macer:alschat shou d noc be i n con tactANS1EP.S: Vhac mater ials should :keep aay Erom th1s chemical?Ha::ardous Decomposlt lon/By- Products Any hazarcous substances produc ed by the hazardous material as a resul c of burning, react ing vi ch other substances , or other processesANSVERS : Vhat other hazardous substances could be created by chis chemical , and unde= vhac condi tions?4 . Hazardous ?olymeriza t i on - - The change 1n energy le·1el .1nen c vo or moreolecules of t he hazardous mater al combine t o form a repeating sc:uctural uni t. Inc udes any conrii t:ons to avoidA.NSV ERS: t;lhat could happen i f the chemical chanies, and under vhac cond i tions could i t change?Sec:ion v - Reacuvtty DataSta.o1 11yI r.s1z::1e?(j)Icna c.cru :o AVOIO@I S i.cl i([)Ha.zaraou$ O ecomposnion or Syroouc:uHazarcous PolVmenzaiiOnW1U not Occurnc1uons ?> AvolOl.Under vhac condi t ions 1s this chemical stable ana unstable? Vhac condi t ions should I avoid ?:.Vhat raaterials should I keep aay from cnis cneQlca l?3.Vhat other hazardous substances could be created by this chemical, and unoer vnat condi t ions?4.Vhatcouldha ppen1!chechem!calchanges . andunderhat condi tions could i t change?66HAZARDOUS HATeRIALSROUTES OP ENTRYRouteExam plesPrecaut ions"Inha!.a t ionBreathi ng mists, dust,vapors , par ticlesUse adequace and proper v ent1lac tonea r p e r sona: p ro ec t!v e equ i pmen t such as resp i ra to r s . glovesA bso r p d onBeing exposed t o ahazardous material t hrough the skinear personal protec t iv e equi pment such as glovesKeep ha araous suoscances in designat ed areas onlyCleanu pspillsand i111111 ediatelyleaksAvoidd i rectcon tactui tha hazardous oacerial --ash tho roughly after contac tInges: or.Suallovtng some :ningi::. ha t nas become concat:unacedTouching the mou th ui th a hand af ter contact 11i th a hazardous substanceKeep hata cous suos ances!n des1gna:ed ares onlyVear pe rsonal protecti ve equipment such as glovesVashthorouihly after contact and before touching any thingAllov nofood a :e a s·.1 1 t !'\ substancesic emsin ·.1o ckh a z a r d o u s?Examp les of possible solut ions only.Al ays cneck the Hat erial·Sa ecy Data Sheet tor spec1 t1c precautions to cae .67HATERihL SAPETY DATA SHEETHeal th Haza eds General Termsl.Rou te(s)of En try t hrough t he skin,Can the chemical be (!) inhaled , ( 2 ) absorbed or ( 3) i ngested?ANSVERS: Can this chemical be a health hazard i f :l nhale . absor . or ea t i t somehov ?.Health Hazards - - Any acute (shorc- c eri!l ) or chron ic (long- term ) health hazards associated vith the chemi calANSwERS: Can t his chemical have any possible short - term or long? term healt h effec ts?.Carcinogen - - I fthe chemical !.s a carcinogen (cancer - causing), based on ra c ings fromNat ional ToxicologyProiram ( Nt P ) ,Annual Repore on Carcinogens (latest ed i t ion), orInternat ional Agencyfor Researchon Cancer ( IAHC) , Monographs (latest ed i t ions), orOccupat ional Safety and HeaJ.th Ad mi nistration (OSHA ) ,29 CFR Part1910, Subpart Z , Toxic and Hazardous SubstancesNOTE:The Nat ional Insti tute for Occupational Safety and Heal th (NIOSH ) publi shestheRegistrvof ToxicEffects ofChemical Substances.he Regist ry indica tes vhe t her a chemical has been found to be a po tential carcinogen by NTP or IA.RC.A.NSVE S: Could t his chemical cause canc r?4. Signs/Sym ptoms of Exposure -- The most common signs or symptoms o f overexposure to the hazardous ma ter ial. Includes signs and symptom s from both acute and chronic eposureANSVERS : Vhat are poss ible signs of shor t - term and long - term overexposur e to this chemical?5.Em ergenc y/Fi rs t -Ai dProceduresThe ''substance-speci!ic11 emergency and firsc -aid procedures for t reating cases of overexpoure to che hazardous materialANSVERS : Uhat first -aid or emergency procedures should I follov incase of overexposure to this chemical ?6. Medical Cond 1cions Any aggrava t ed or vorsened due materialmedicalcondi tionstooverexposuretotha tmaybl!t hehaza.cdousANSwERS : Do I have any medical condi t ions that could be aggravated or vorsened if I am overexposed to this chemical?68HATERIA L SAFETY DATA SHEETHeal th Haza dsSection VI - Health Hoiz:ard Data;:oute(s) er Eruy·11111cn 'c;es:..:r '(j)C?rc:ncc;tnlCJtySigns & Symtcms er E.xc:x:sureMeo C1lnc11ucnsGenera1 v Aacravaied bv E.:roosure1 .Canthis chemical be a health hazard!fI inhale, absorb, or ingest i t somehov?2.Can this chem ical hav e any possib le shor t - term or long- cer health effect.s?).Could this cheical cause cancer?4 .Uha t are possible sis of sno:t - t e 11 anc long- t er':I overexposu:e to : 1s cllemical?S.Uha t f 1rst-aid or emergency procedures shouldfollov i n case of overepo.sure to this chem ical?Do I hav e any medical cond i t ions that could be aggravat ed or vorsened if I am overexposed to th S chemical?69Special Precautions or Precautions for Safe Handl ing and UseGeneral Terr.is'..Sp1 l:/Leak Procedures - - Methods for cont rolli ng sp1.ls and leaks i:wo ·v1ngt he chemical,includ ingthe equ1 pmen tneedec and an:; precau?:ons to takeANSVERS : Hov should I cont rol a spill or leak t ha t involves chis chemical?.,aste O sposal Hechod 7he permissi ble and mechod( s) for disposing of he hazardous vasce chemica :during opera tions and processesheprohi b i tedc ea t ed byt heANSV ERS: Hov can I safely d i spose of any vasc e p roducts f om chis chemical?3.Hand ling/S toringPrecautionsAnyspecialhandlingand/or storage precautionso take vi th t he hazardous ma t erialANS ERS : Hov should I safely handle and store ts cemical?'·Other Precau t ions - - Any other precautions to taKe vhen using the hazardous ma ter ialANSVERS: Should I follov any other p recautions v1ch ch1s chemical?Section VII ? Precautions for Sate Handling and UseSteos 10 e.Taxan 1n Cua MatenaJ I S F.e1ea.sao er 5011110([)Was11 01s::csa1 M11nca?Precauuon.1 O 81Taxen 1n Hanohng and StcnngOtner P ecauuonsHov should I control a spill or leak t hac!nvolves this chemical?Hov can 1 safely dispose of any vast e produces from this chemical?Hov should :safely handle and store this cheo1cal7.Should I follov any other p recautionsi c h chis chemical ?70Control Heasures Genera :Terms1 . Respi ratory Protecti on The types of equic"ed b t"eathi ng protect ion vhen using t he cnem1ca lANS?RS : Vhat klnds of respi atory equ ipmen t mus::usei t h th s chemical (such as respi rator, gas mask , hood , su t , e t c .)?2. Vent i la tion The types o f required ven t i lat ion around c he chemical, such as local exhaust , mechanical, special, or o t ner forms of venti lationANSUERS: A re special types of venc 1lat1on required in a eas vhere th is chemical is used ?3 . Eye Prot ec t ion -- The types o f required eye prot ect ion vhen using the chemicalANSU ERS:llha tkindsofeyeprot ec t ionmustIuse1.1 i t ht his chemical (such as goggles,ace shield , etc.)?4.?rotec ti ve Gloves using the chemicalThe types of p rotect ive gloves req uired vhenANSVERS : Vnac kinds of glove5 must I use vi th this chemical (such as for protec tion against chemi cal reactions, extreme hea t or cold , etc.)?Vock/HygienicPrac t icesTheproperorkancigoodhealth p ractices to follovhen using the chem1ca lANSV?RS: Vhat good heal th prac:ices shou_d :o_lov to helcon t r l the hazards f rom vorking ich this chemical ?6 .Ocher--Anyocherkinds o fprotective clothing orequipmen t requi red or recommended vhen using the chemicalANSERS : Are other kinds of equipment and/or prot ective clothing needed hen using t his chemical ?NOTE: Using tobacco or smoking can aftect your exposure to a ha ardous chemica l.71H.ATl?AIAL SAFETY DATA SHEETControl HeasuresSection VIII ? Control MeasuresV tntuat:on(j)Cinar0 1tc:rvt G..evu01ner Pro11c:rve C!o1;11ng or cu1pmant@ ? 1 .Vhat kinds of respirat ory equipment must :use vi th t his chemical?Are specal types o Eventilationrequired in areas vherethu chem ical is used?Vhat kinds of eye protection must :use vi th this cheQical?4.Vhat kinds of gloves must I use vi th this cheaical?5 .!Jh tgood health pract ices should Ifollou :o help con c:o:t hena arcsroe vork1ng1th chis che ical?6.Are ocherkinds of equipment and/orpo t ecc::.veclothingneededhen usingthis chemical?72LABELSRespons1b1l1 t 1es f o r Laoeli ngNOTE : Check t he appi.1cable standards and OSHA gu i d e mes .E:nplovers!. ENSURE t ha t eacn con ta i ne r of ha za rdous cnem1cals i n the ...,o r kplace isla beled , t agged o r ma rked ?.11th ( a ) t he iden c1c y o! t he ha za rd ous chem ical(s) i n t he con tainer, and {b )a p propr ia t e h aza r d var n1ngsEXCEPTION :Emp loye rsa reno treq ui redto con tainersi n co1Jhich ha:a rdouschemicalsa r e labeled con t ainers and vhich ar e i n t end ed only use o f t he employee 1Jho perf orms t he t rans f e r .labelportaolet ra ns f er recfro11f o r che immed ia t e2 .mrr TO REOVE or DEFACE exis i n g labels on inco l ng con a l ne rs o Eha za rdous chemicalseXCEPTION: Unless t he con ta i ne r i s immed ia t ely m a rk ed v i t h t he r equ i r ed i n f o rma t ion .3.ENSU R E t hat labels o r o t h er- fo rms of 11arn ing a re legi ble , i n English , and p romi n en t ly d isplayed on t h e container, o r readily ava i la ble i n the vo rk a r ea throughout each vo rk sh i f tEXCEPTION: Employers ha vi ng employees 11ho speak o t he r languases may add t he i nf o r ma t ion in t h e i r language co ne ma t er 1a: presented , as long as t he lnfoc a:1on s a so ?resen?ed in Eng li sh .1.. . USE (a c t he employe r 's cho ice ) s ii;ns, placa rds . p r ocess shee t s , ba tch t icke ts , operating pi:-ocerlure s or ocher 11n ct n ma terials i ns t ead of aff ixing labels to i nd i vi d u al s a c ionarv orocess con ta iners73DEPARTMENT OF LABORPaymen t Meth od InstructionsTwo methods are available to pay cenified employees in the sheltered workshops . One method is by piece rate and the other is an hourly rate.You must remember that according to the Department of Labor, "an individual whose earning or productive capacity is not impaired for the work being performed cannot be employed under a certificate issued pursuant to this pan and must be paid at least the applicable minimum wage. An individual whose earning or productive . capacity is impaired to the extent that the individual is unable to earn at least the applicable minimum wage, may be paid a commensurate wage, but only after the employer has obtained a cenificate authorizing payment of special minimum wages from the appropriate office of the Wage and Hour Division of the Department of Labor." Workers paid under special minimum wage ccrtiflcates shall be paid wages commensurate with those paid experienced non-disabled workers employed in the vicinity in which they are employed for essentially the same type, quality, and quantity of work(..Commensurate"wage is a special minimum wage paid to a worker with a disability which is based on the worker 's individual productivity in proportion to the wage and productivity of experienced non disabled workers performing the same type, quality, and quantityof work in the vicinity in which the individual under certificate is employed . For ex.ampJe, the commensurate wage of a worker with a disability who is 75% as productive as the average experienced non-disabled worker, taking into consideration the type quality, and quantity of work of the disabJed worker, wouJd be set at 75% of the wage paid to the nonsabled worker. A commensurate wage is always a special minimum wage, i.e., a wage below the statutory aummurn.The following terms shall be met for workers with disabilities employed at boudy ntg:l) Hourly rates shall be based upon the prevailing hourly wage rates pa.id to experienced workers not disabled for the job doing essentially the same type of work and using similar methods for equipment in the vicinity.2) An initial evaluation of workers productivity shall be made within the first monthafter employment begins in order to determine the worker's commensurate wage rate. The results of the evaluation shall be recorded and worker 's wages shall be adjusted accordingly no later than the first complete pay period foUowing the initial evaluation. Ea.ch worker is entitled to commensurate wages for all hours worked . Where the wages paid to the worker during pay periods prior to the initial evaluation were Jess than the commensurate wage indicated by the evaluation, the employer mu.st compensate the worker for any such difference unless it can be demonstrated that the initial payments reflected the commensurate wage due at the.t time.3) Upon completion of not more than six months of employment, a review shall be made with respect to the quantity and quality of work of each hourly rare worker with a disability as compared to that of non sabled workers engaged in similar work or work requiring similar skills and the findings shall be recorded . The workers productivity shalJ then be reviewed and the findings recorded at least every six months there after. A review and recording of productivity shalJ also be made after a worker changes jobs and at least every six months there after The workers wages sbalJ be adjusted accordingly no later than the first complete pay period following each review. Conductingq -fl'.1'da1.&1wonlipa)TMnl nMlhod tn1ttUC11onsreviews at six month intervals should be viewed as a minimum requirement since workers with disabilities are entitled to commensurate wages for aJJ hours worked . Reviews must be conducted in a marmer and frequency to insure payment of commensurate wages . For example, evaluations should not be conducted before a worker has had an opportunity to become familiar with the job or at a time when the worker is fatigued or subject to conditions that result in less than nonnal productivity.4) Each review should contain, as a minimum and in addition to the data cited - above, the following. name of the individuaJ being reviewed , date and time of the review, and name/position of the i.ndividuaJ doing the review.ln establishing oiece rates for workers with disa.bilities1 the following criteria shall be used.Industrial work measurement method s such as stop watch time studies. predetermined time systems. standard data. or other measurement methods (hereinafter referred to as "work measurement methods") shall be used by the employer to establish standard production rates of workers not disabled for the work to be performed . The employer has the responsibility of demonstrating that a particular method i.s generally accepted by industrial engineers and bas been properly executedNo specific training or certification will be required . Where work measurement methods have already been applied by another employer or source. and documentation exists to show that the methods used are the same, it is not necessary to repeat these methods to establish production standards.The piece rates shall be based on the standard production rates (number of units an experienced worker not disabled for the work is expected to produce per hour) and the prevailing industry wage rate paid experienced non-msabled workers in the vicinity for essentially the same type and quality of work or for work requiring similar skill . (Prevailing indusuy wage rate divided by the standard number of units per hour equals the piece rate.)Piece rates shall not be less than the prevailing piece rates paid expe.rienced workers not disabled for the work doing the same or similar work in the vicinity when such piece rates exist and can be compared with the actual employment situations of the workers with disabiJities.Any work measurement method used to eStablish piece rates sh.all be verifiable through the use of established industriaJ work measuremen t techniques .lf stop watch time studies are made, they shall be made with a person or persons whose productivity represents normal or near normaJ perfonnance . If their productivity does not represent normaJor near normal performance, adjustments of performance shall be made Such adjustments, sometimes called "performance rating" or "leveling" shall be made onJy by a person knowledgeable in this technique, as evidenced by 2successful completion of training in this area The pecsons observed should be given time to practice the work to be perfonned in order ro provide them with opportunity to overcome the initial learning curve The persons observed shall be trained to use the specific work method and tools which are available to workers with disabilities empJoyed under special minimum wage certificates.Appropriate time shall be allowed for personal time. fatigue, and unavoidable delays. Generally, not less than 15% allowances (9-10 minutes per hour) shall be used in conducting ume srudiesWork measurements shall be conducted using the same work method that will be utilized by the workers with disabilities When modifications such as jigs or fixtures are made to production methods to accommodate special needs of individual workers with disabilities, adclitionaJ work measurements need not be conducted where the modifications enable the workers with disabilities to perform the work or increase productivity but would impede a worker without disabilities. Where workers with disabilities do not have a method available to them, as for example where an adequate nwnber of machines are not available, a second work measurement should be conducted 3u.s.COLEmployment Standards Administration- All Abou t ESAALL ABOUT THE EMPLOYMENT STANDARDS ADMINISTRATIONThe EmpJoyment Standards Administration (ESA), the largest agency within the U.S. Department of Labor. enforces and administers laws governing legally-mandated wages and working conditions, including child labor,minimum wages, overtime and family and medical leave; equal employment opponunity in businesses with federal contracts and subcontracts;workers' compensation for ccnain employees injured on their jobs ; internal union democracy and financial integrity,and union elections, which protect the rights of union members;and other laws and regulations governing employment standards and practices .ESA and its four component programs - - the Office of Federal ConfllCt Compliance Programs, the Office of Labor-Management Standards, the Office of Workers' Compensation Programs and the Wage and Hour Division - - have closely monitored and enforced laws protecting the wage.hours, equal empJoymeot opportunity, wodcin.g conditions and injury compensation of workers. While each program bas an established identity of its own, all work together to support. prot and defend the rights of American workers Wldel' these labor laws.WAGE AND BOUR DMSIONThe Wage and Hour Division was established in 1938 to admini the landmark Fair Labor Studanls Ad (FLSA), which incJudes minimum wage, overtime pay and child labor provisions. In 1938, about 12 million workers were covered by the then-minimum wage of 25 cents an hour.Today, more than 113 million full and part-time workers in the private sector and in federal, state and local governments are protected by the law.However, since 1938 the Wage and Hour Division's responsibilities have grown to include other laws and regulations which protect workers againstunfair employment practices .In addition to the FLSA, Wage and Hour has responsibility for enforcement and administration of a number of other labor laws.These programs include government contract labor standards statutes, the Migrant and Seasonal Agricultural Worker Protection Act.. the Employee Polygraph Protection Act. various so-ailled "whi.stleblower" protection laws, and immigration laws which provide certain employment standards and worker protections.The Family and Medk.al Leave Act of 1993 (FMLA), which became effective August 5, 1993, requires private sector employers of 50 or more employees and public agencies to provide eligible employees up to 12 weeks of unpaid leave each year for the binb of a cm Id, placement of an adopted or foster child; to care for a child, spouse or parent with a serious health condition;and, for the employee's own serious health condition . The FMLA aJso requires covered employers to continue health benefits coverage during the leave, and restoration of the employee upon completion of leave, to the same or an equivalent job .The Mignot and Seasona l AgriadtunlWorkers .Protection Act ((MSPA) sets standards forhno://dol.2ov/dol/esalpubl ic/aboutesa/csaabot.htrn4/16/99migrant and seasonal farmworkers regarding wages, housing, and tnmsportation. MSPA req that contractors of migrant farmworkers register with the federal government, and notify prospecti ve workers of the wages and working conditions before they arc hired. MSPA also req that housing provided for the workers meet certain minimum standards for health and safety, and that workers be transported in vehicles that meet certain safety standards.The Wage and Hour Division is also responsible for laws setting wage and hour standards for federal · contractors. The Davis-Bacon and Related Acts cover workers on Federal construction contracts,and on construction contracts that are federally-financed in whole or in pan. Tbr MeNaman ? O'Han Service Contract Act applies to workers on federal service contracts, and the Walsb? Healey Public Contncts Act applies to workers on federal supply contracts.Wage and Hour also bas certain responsibili ties wader the Immigration and Nationality Act, u amended by the J mmigration Reform ud Control Act of 1986, the Immigration Nuning Relief Act of 1989, the Immigration Act of 1990, and tilt M.iscellaneoa:s TedmicaJ Ammd..mmts to tbc Immigration and Nationality Act.The Immigration Reform and Control Act responsibilities include:(l)enforcement of the labor standards protections for temporary oonimmignmt agricultural worlters admitted to the U.S. Wldet' the H-2A program; and (2) inspection for compliance with the ru:ordkeeping requirements of the employer sanctions provisions .The Immigration Nuning Relief Act of 1989 provides for the enforcement of employmentconditions attested to by employers of H-1A temporary alien nonimmignmt registered nurses.Similarly, the l??icration Act or 1990, as amended by the Miscellaneous Technical Amendments to the Immigration and Nationality Act. establishes worker protection provisions, to be enforced by the Wage and Hour Division, applicable to foreign students, nonimmigrant workers in "specialtyoccupations" and fomgn crewmcmbcrs performing longsbore work.The Employee Polygraph Protection Act prohibits most private employers (federal, state and local government employers arc exempted from the Act) from using any lie detector tests either for pre· employment screening or during the course of employment. Polygraph tests, but no other types of lie detector tests, are permitted under limited circum stanc:es subject to cenain restrictions.The "whistleblowcr" protection laws prohibit discrimination against workers who complain about safety violations in certain industries (i.e., nuclear plants, water treatment plants, waste disposal plants. etc.). These laws protect workers who alert the proper authorities of dangers to the public safety.The Wage and Hour Division's enforcement activities arc carried out by Investigators in district and regional offices across the nation.OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMSFor more than 30 years, since J 965, the Office of Federal Contract Compliance Programs (OFCCP) has bad the responsibility of assuring that employers doing business with the federal government comply with the equaJ employment opportunity (EEO) and the aflinnative action provisions of their contracts. OFCCP administers and enforces three equaJ employment opportuni ty programs that apply to federal contractors and subcontractors :Exe, utive Order 11246. as amended, Section 503 of the Rehabilitation Act of 1973, and tbe afllrmadve action provlaious of tbe Vietnam En Vetenn's Readjustment Assistance Act of 1974.hno://dol .2ov/dol/esalpu bl ic/aboutesafesaaboLhlm4116/99Executive Order 11246,as ammded, prohibits covered federal contractors and subcontraeto and federally..assisted construetion contractors and subcontractors, from d.iscriminating i.o employmen t decisions on the basis of race, color, religion, sex or national origin. The order also requires federal contractors take affinnativc action to en.sure that cquaJ opportunity is provided in alJ aspects of their employment.Section 503 of the 1973 Rehabilitation Act, as amended , prohibits employment discrimination again.st qualified individuals with disabilities. Section 503 also imposes an affirmative duty upon contractors to accommodate the limitations of their employees with disabilities and to take steps to rccrui4 hire and advance in employment quaJified indi viduaJs with disabilities.The affirmative action provisions of the Vietn?m-Era Veterans Readjustment Assistance Ad of 1974, as amended (38 USC 42U) prohibit discrimioation and require federal contractors and subcontractors to take affirmative action to employ and advance i.o employment veterans of Vietnam and special disabled veterans of all wars.Federal contracto.rs or subcontractors subject to the laws administered by OFCCP employ more than22 percent of the U.S. labor force (26 million workers).OFCCP enforces these equal emplo)'DlCDt opportunity and affirmative action requirements primariJy t brougb compliance reviews and complaint investigations. OFCCP's enforcement activities are carried out by compliaooe officers in district and regional offices across the oatio who conduct more than 4,000 compliance reviews and investigate mote than 800 complaints each year.OFCCP also shares enforcement authority for the regulations requiring equal employment oppommity and affirmative actions in apprenticeship programs; Title 1 of tbe A1Derican With Disabilities Act the Immigration Reform and Control Act; and the Family and Medical Leave Act.OFFICE OF LABOR-MANAGEMENT STANDARDSAdministers and enforces provisions of the Labor-Management Reporting and Disclosure Act of 1959,as amended (LMRDA), and sections of various other acts (Postal Reorganization Act, Civ? Service Reform Act and Foreign Service Act) within the responsibility of the Secretmy of Labor. OLMS subto promott inlernal union danocracy andfinancial inrtgrity and to protect the rights of union manbers. OLMS also administers the Secretary of Labor's SWUIOry responsibilities for the Transit Employee Protection Program and for other employee protecti on programs.OFFICE OF WORKERS' COMPENSATION PROGRAMSThe Office of Workers' Compensation Programs (OWCP) had its origins in an organization established in 1916 to administer claims under the FederaJ Employees' Compensation Act.The program bas existed since then under various names. Benefits are available under this Act and its amendments to more than three million federal white and blue colJar employees.members of the Peace Corps and Vista vohmteers.OWCP also administers the Lonpbore a11d Harbor Workers' Compematioo Act of 1927.This Act covers all maritime workers injured or killed upon the navigable waters of the U.S., as well as employees working on adjoining piers, docks and tenninaJs. plus a number of other groups includedhnp://dol .gov/dol/esa/publ ic/aboutesa/esaabothtm4/ l 6199through an extension of the Acl Compensation under this Act is paid by employers who arc self?insurcd, or through insurance policies provided by private insurers to employers.The Black Lung Benefits Reform Act of 1977 is the third major program administered by OWCP. It provides monthly payments and medical treatment to coal miners totally disabled from pneumoconiosis (black lung) arising from their employment in the nation's coal mines, and monthly payments to their surviving dependents.OWCP's compensation assistance is carried out by claims examiners in d isoict offices across thenation.Revised : November 25, 1996r+boL Home page 1 IH4 ) ESA Home Pue 1 IlTop of Documenthnp://wwv..·.dol.JZOV/dollesa/publi claboutesa/esaabot.htm4116/99ADDITIONAL PROVISIONS OF FAIR LABOR STANDARDSAMENDMENTS OF 1977(91Stat. 1.245)(PUBLIC LAW 95-151][95TH CONGRESS] [FIRST SESSION] AN A<:JI'To amend the Flb- Labor Standards Act of 1938 to increase the minimum wage rate under that Aet, and for other pmpoees.& it eJ&tJCUd by tM Smat.e CJf&d H of RepreunUJti vuof tJae Umt?l Statu Qf Amri:a m C<mgrraaThat this At::t may be eited as the "Fair Labor StandardsAmendment.I of 1977."[Sediof lS 2(8) ttvough 2(d) and sections 3 through 14, i1dusive, °'the Fair Labor Standards Amendments of 19n 8n9ld the Falr labor Standards Act of 1938, and are inoorponlted in their proper pUloe In the AD..]acreue in Minimum WqeSEC. 2. ? ? ?(1) There is established the Mlnlmtm WageStudy Commission (hentinafter in this .aubledion re? Mmld to a ht "Commiasion1which 8hal1 conduct a study of the Fair Labor Standards Act. of 1938 and thesocial, pofttical, and economic ramifications of the miniTun wage, ·0?8rtime, and other requirements of that Ad. Sucti ltUdy ....lndude but not be limited to -the beneficial effects of the minimumwage, inducing its effect in ameliorating powrtyamong woncng citizens;(B) the inftationary inpact frf any) of Increasesin the minln'UTI wage prescft>ed by that Act;(C) the effect frf any) such increases haYB onwages paid emploivees at a rate In excess of therate prescribed by that Act :(0) the economic consequence (If any) of authoriz.ilg an automatic incntase In 1he rate pre? scribed In that Act. on the basis of anIncrease In a wage,price , or other Index;(E) the employment and unemployment effects (if any) of providing a different minmum wage 1or youth . and the employment and un? employment eflects frf any) on handicapped and aged individuals of an lllCf88S8 in such rate and of providing a difterent minmum wage rate for such individuals;(F) the effect (If any) of the tull time S1u· dent certification program on employment and unemploymentthe empk>ymect and unemployment ef·tects (It any) o1 the minimum wage;the exemptions from the minimum wageand O\lertime requirements of that Act:the relationship (ff any) becween the Fed· era! minimum wage rates and public assistance programs , including the extent to whichat such rates are aJso eligible to rec:eNe food stampsand other public assistanoe ;the OY&rall '8Yel of noncompliance withthat Act; andthe demographic profile of minirrunwagewoncers.(2) The Commission shaJJ conduct a study con· ceming the extant to which the uamptions from the mininun wage and owr1ime raquiementa of the Fair Labor Standards N1. of 1938 nwy 9PPfy to erns:*>J88&of oo.Bt81, and sha!Imall8 a "'PQf1. wftt*t one year after the date of the lbi'6Rl of the members of the Commission , ot the result& of such study. For the purposes of this paragraph a "'oongk>merate? means anestabflslvnent (A) whlch controls, Is CX>ttbolled by, or isunder common control wtth, anocher eatablishment the actMties ot which 819 not relaled braooovnon business purpoee to the actMties of the empkJvingsuch emplofees and (B) who&e anrual gross YOhM'ne of A)es made or bulNss done, when combined with 1he anruaJ grou YOl&.me of saJes made or buaineu done by each es1abtlstimem which COi lb°'8,is controled by, orIs under common control with , the estabistimentemploying such employee. exceeds $100,000,000 (excltJsiw of excise taxes at the retall laYel which are separatety staled). The report shall lnciude an anaJysis of the effects of eliminating the usmptiOnS from the minimum wage and owrtime requirements of such Act tt\at may currently apply to the employees of &uch congk>merates.(3) The Commiaion lhllll make a report of the results of the study conducted pursuan1 to paragraph (1) thlrty·slx monthS after the date of the appoiltJnent of the members of the Commisaion. The report shall include such recommendations tor leglatatJon as the Commission detennlnes are appropriate. The Com? mission may make interim or additional reports which itdetermines are appropriate.Each repon shall be made to the President and to the Congress. The Commission shaJI cease to exist thirty days after the subml&SJOO of the report required by this paragraph.(A) The Commission shall consist of eight members as follows:Two members appointed by the Secretary of Labor.(ii) Two members appointed by theSecretary of Commerce.(iiij Two members appointed by theSecretary of Agriculture.frv) Two members appointed by theSecretary of Health, Education,and Welfare.The appointments authorized under this paragraph shall be made within 180 days after the date of enaotment of this stbsection .The Chairperson shall be selected by the members of the Commission. Ally vacancyin the Commission shall not aflect Its powers and shall be filled in the same ma.mer in which the original appointment was made.(1) Except as provided In clause (ii), members Of the Commisaloo who are officers or employees of the Federal GoYemment shall MfW without compensation. Other members, while engaged In the adMties of the Com·miuion , ahaJI be pajd at a rate eqlal to theper diem equMllent of the annual rate payable tor grade GS-18 of the Genera.I Schedule under section 5332 of tiUe 5, United States Code.{111 While away from their homes or regu&ar places Of business In the peffonnance of services for the Commission , members of the Commission shall be allowed travel ex· penses, Including per diem in lieu of sub? sistence, in the same manner as persons em?ployed lntem*lentty In the GoYenment seMce are allowed expenses under section 5703 of tide 5 of the United States Code.(A) The Commission may prescribe such rules as may be necessary to carry out its duties under this aubsection .(B) The Commission may hold such hear· ings, sit and act at such times and places, take such testimony,and receive such evidence as it deems advisable .{C) Upon request of the Commission, the head of any Federal department or agency is authorized to detail, on a retmbursable bastS. any of the personnel of sucn department or agency to the Commission to assist it In carrying out its duties under this subsection.(0) The Department or Labor shall fumishsucn professional, technical, and research asstS·tance as required by the Commission.(E) The Admin strator of General Services shall provide to the Commission on a rvlmbursable basis such administrative support services as the Commission may request to carry out its duties under this subsection.(F) The Commission may secure dlr.ecUy from any depar1ment or agency of the United States such infonnation as the Commission may require to carry out its duties under this subsection . Upon request of the Commission , the head of any sucn depar1ment or agency shallfurnish suct1 Information to the Commission.(G) The Commission may use the Unrted States mails In the same manner and upon the same conditions as other departments and agen· cfes of the United States.(A) The Chairperson may appoint an 8)C8CU.. cutiYe director of the Commission who Iha.II pet1orm such duties u the Chairperson may Pf91(:ribe.(8) With approval of the Chairperson, theaecutiw director may appoint and fix the pay of'°such dericaJ perlOfi18I as .,. neceesary for theCommissk>n carry out lls duties.(C) The ecac:utiw <fnca and ataff sha.IJ be appor"8d without ragard to the proyisions of title.6, United States Code. appautments in the oompetftfve aervice, and ahaJI be paid without regard to the provisions of chapter 51 and aub? chaplar Ill Of chapter 53 of such title relating to ctasslfication and GeoeraJ Schedule pay rates but at rates not In eccea of the annual ra1e payable br grade ·GS-18 °'the General Schedule OOder 88Ction5332 of sucn ttde.(0) The UBCUtive director, with the concur? rence of the Chai'person , may obtain temporary and Wltermlll8nt aeMces °'experts and consuetants in acc:orclanCI with the proylaions of section 3109 of title s, United States Code.Effective DateSEC.15. (a) Except as providedin sections 3, 14, and subsection (b) of this section, the amendments made by this Act shaD take effect January 1,1978.(b) The amendments made by 88Ctions 8, 9, 11, 12. and 13 shalJ tU8 effect on the date of the enactment of tht9 Act(c) On and after the date of the enactment of ttus Act. the Secretary of Labor shalltake such administrative action as may be necessary for theimplementation of the amendments made by this Act .Approved Nowmt>er 1. 19n.ADDffiONAL PROVISIONS OF FAIR LABOR STANDARDS AMENDMENTS OF 1974·(88 Stat.. 5.5)(PUBLIC LAW 93-2.69)[93RD CONGRESS] [SECOND SESSION]AN ACTTo amend the Fair Labor Standards Act ofl938 to increase the minim um wage rate under that Act, and for other purposes.& ii enacted by tAe S""'1U and H<YUi of Reprumtati-vu of tM Uf&.iUd St.ala of America in. Congrcu °'"""'led, 'lbat tbia Act may be cited as the "Fair Labor Standards Amezwhnenbs of 1974."{&dUNu Z tlaro"llh 6(d)(JJ and udioM 7 th.roagla Z?,of tM Fair Labor Standarrla AJMIUbnaat:I oflr1' fllllMll tlut Fair Labor Stmulard.I Act of IS.SS, and..,.Utcorporated in tMJrprop6 place in tM Ad. &dion l(tl){Z)(A) tDUl (B) llllU!ltlU tM Portal-t.Porlal. kt of 1"7all uId forth bel.ouJ.Jr'ederal and State EmployeesSEC. 6. ? ? ?fZJ (AJ &di.on 6of tM Porlal- Porlal Pa1Adol 1141u tllfWlldMl ,.1triki111 Olll tJe.eod "'tM aul of JIOl'fl91'0iPlt (e) ad bf Werling in /Uutureof a unaicolon an.d b11 adding llltu 1uchparagraph tM follo&oillf :"(d) 1Dithru_p?t toanv ccuue of adion broughtunder udion 16(b) of th/! Fair IAbor St.tuadllrYU Ad of 1938 agaiMt a Stote or apolitical 1ubdi0Won of a Stall! in atl.Utrict coart of tAt Unlt?l Stata on or bef Aprll J8,191J, tJae running of tM'""""'""paiod. of UmltationaJaa1J be d?JMd 1u.ipend?l during thepaWd beginningUlitla tM t of 4111/ luch. a.t/jon an.cl auling on.t Jw.ndred and eiglat11 d.a/J? a/Ur tM dfectioe dale of tJae Fair Labor SUuutanU A.nNntlmmU of 1974, uoept tlult-auch 1upeuiolu ahaU not be applicabk tiin 1w:Jr adlonjudgetMllt .luu bftn mired for tM dfienda.nt on tM grouNU otMT Uuut StaU imnuual4f from Federal)lllUdictUHL"(BJ Sectilm 11 of IMCh. Act is o.mefllkd bym-iking out ..(b)" after16.?Effective DateSEc.. ZS.(a)&?pt 111otlwnDiMJ qed/ieallgprvr11Md, tM llUllU bl/ W. Ad ""'1l taJ effect on M1111 l, 1114.(b) NobDUJuUuuli.ng aa6Mdton (a), on aNl td'ler- tM daU of IM nactment of W.Act tM &t:ntarrl of Labor ii autJaorl.ud t.o prucrlbe Mealat'JI rula, regulatioru,and ordat 1Dith ard to tM tuM.ntlmat.malh bg U.uAct...,ADDITIONAL PROVISIONS OF FAIR LABOR STANDARDS AMENDMENTS OF 1966(80 Stal 830)[PUBLIC LAWl][89TH CONGRESS) [SECOND SESSION]AN ACTTo amend the Fair Labor Standards Act of 1938 Ul extend its protectionto additional employees, to raise the minimum wage.and for other purposes.Be it mad?l by the SenaU and Houat of Reprue?Uative$ of tM Unitt.d Stata of A1M7iaJ. m Oongru1 cuumbl?l,That this Al!t. may be cited as the "Fair Labor StandardsAmendments of 1966...(Sections 101to 501, inclusive, and eection 601 (a) orthe Fair Labor Standards Amendmmta of 1966amend the Fair Labor Standards Mof land are incorporated intheir proper place in the Act.]STATUTE OF LIMITAT IONSSEC. 601. ? ? ?fuTtMrimtru<:Ud torepqrt,to the Ccm.gru.by Jtd11 1. 1987, tht fi ndi"'l&gs o/ IUCh 1unJe-y with. appropriate recom? mendation&.CANAL ZONE EMPWYEES AN DPANAMA CANAL STUDYSEC. 60._ T Secrf!l.ary of Labo1: in cooperaticn with tM Secmarr of Defrt&U cmd tJ&e Secretary of StaU. ihaJJ(1) undertake a ltvdl( 1DitJi to (AJ tD09t ratupavablt to F?i.eral in the Canal ZOM tmgQIJ8d in o/ tM /rind ducrib?l in (7) of 1ection. to! of tM ClauificatUm. Act o/ 19.'9 (5 U.S.C. 108:!(1)) and (BJ tJu "'JViof an effective andopmitioPl.of tM Paflllm4Canal, cmd (I) report to tM Cmlgrua not laUJ' than J1!.ly 1, 1968, tM ruulU of It.ii ltwlJ( U>gd)wr111Wa. w.ch. ncom aa M may cWm appropriate.STUDY OF WAGES PAID HANDICAPPED CLIENTS IN SHELTERED WORKSHOPS(b) S?c:ticm 6(0).of tM Pcrrta.l-U>-Porto./. Act of 1947(Pvblic Law -' 9, Eightuth. CcmgrcHJ u oJMWd by it&urting before tJc.e 1em.icolon a.t tM end Utertof Uu/°"""1iftg: ...crcept tJaat a cmuc of action ariri119 out of aVliJ,J/vl violation may be commnced witlWt. thru yeanaftn' tM c:aM of action aa:rauJd. ".EFFEC'I'NE DATESEC. 60!. E%cept Cl ot.JaerwUe in thia Act. tM ametid made by th.ii Act 1h4U ta.U effect cm February l, 1967. On and after tM daU o/ theof Utia Act tJu Sec:rdo.ry ii atl.tlwriztd to promulga.u mc.u341)' ruJ.u.. or orders with regard to tJu amend?Mnl.8 made 0, thia Act.STUDY OF EXCESSfVE OVERTIMESEC. 603. The Secretary of Loi>oT'Mrel1y ift.ltrudt,d to commenu imnwiio.Wy a compuu 1tud11 of pre 1ent pro.ctu;ua.ling with ownime paymmita for worlc i1t azus. of /rrrl?J houn r>er wuk and tM ut.enl to whichow:rtvn.e """* imp?iu tM creation of MW job op·portunitie 1 in Anuncan indiutry. The Secnta:ry uSEC. 605. TJt,e SOf Labor uMnby i to commnce immediattll( a. eompZ.u 1tudy of 1009'U> Jwmdicopped cliot.U of WlUr?Ja:nd of tM fiq/ of 1'uUi1lg"""1t MMD.f'ds inTM S il.fta't,Mr-to U>tMbr J"'411, 1H1, tM fmdinq 1of l'IU!.htDitJ& approp,;au ncomPREVENT ION OF DJSCRIM I NATJONBECAUSE OF AGESEC.606. S of Labor ia hereby directed to submit to the Cmtgreu 110t loU1' than JamJ.O.rfJ 1. 1961, hu apecifU; UJgialatiw ferimplmMn.ti114tMconclu.rioru and cont.a.iw m llu t"epOTton agt dilcnmiMtion in employment 1'l'UUk pacrnumt to ud.itm 115 of PM.blie L°"' 88-.$5 S1'Ch ltlgialative rec? ommenda.LWft.I aJaa.ll include. witJ&o1d limitati01i. pro?visimu tpeeifving appropriate erif prouduru. 11 particular admim.tering agmcy, and t.h.e 1ta.ndanU. c:ovmzge, a.n.d eumptimt.a. if an , to be in.clt.cded in tM propoaed enactA September . 1966.ADDITIONAL PROVISIONS OF FAJR LABOR STANDARDS AMENDMENTS OF 1961(75 Stal 6.5)[PUBLI C LAW 87-30)[87TH CONGRESS] fFlRST SESSION]AN ACTTo amend the Fai r Labor Sta_ndard s Act of 1938, as amended , to provide coverage for employees of large enfA!r'Jri8e8 enpged in re.tail trade or service and of other employen engaged in commerce or in the production of goods for commerce, to increase the minimum wage under the Ad of $1.26 Illh and for other purposes.& it enad.ed. "r Ute &Mu and. H<lUU of &prumlativuof tll.e Umt.d Statu of AJMric4 in CcngruaThat thia Act may be cited as the "'Fair Labor StandardsAmendment.a of 1961."(Sections 2 to U. induaive, of the Fair Labor St.an?d.ardl Amendmenu of 1961 ame.nd the Fair LaborStandards Act of 1938, and an incorporated in theirproper place in the Act.]EFFECTIVE DATESEC. 14. The amendments made by this.Act &hall take dfect upon the expiration of one hundred and twenty da15after the date of its enactment, except u othenriae providedln such amendments and except that the authority to promulpte neceauy .rerulationa.or orders W'lth rep.rd to amendment.I made by thbAd, under the Fair Labor Standards Act of 1938 and amendments thereto, lndudbt&' amendments made by this Act. an., be exerclled by the Secretary on and a.flerthe date of enactment of this Act.Appa09ed May 5, 1961.43ADDITIONAL PROVISIONS OF FAm LABOR STANDARDS AMENDMENTS OF 1949(63 Stat.. 917)[PUBLIC LAW 398 -81ST CONGRESS) [CHAPTER 736 -FIRST SESSION]AN ACTTo provide for the amendment of the Fair Labor St.andards Act of l,and for other purposes.Be it erwd.ed l1y tM Senau and.Hau&e of &pruentatives of tJu Uft.itt.d SW.U of A1Mf'ica in Qmgnu a.amnb That this Act may be cited as the "Fair Labor St.andards Amendments of 1949."[Seetiona 2 to 15, inclusive, of the Fllir Labor Standards Amendments o 19'9 amend the Fair Labor Standards AcL of 1988, and are incorporated in their proper place in the Act..]MISCELLANEOUS AND EFFECTIVE DATESEC. 16. (a) The amendment.a made by this Act abail take eftect upon the expiration or ninety days from the date of its enadmen"t; except that the amendment made by section 4 ab.all take eft'ed. on the date of its enactment.(b) Except as provided in aeetjon 8(0) and in the last. sentence of section 16(c) of the Fair Labor Standards Act of 1938, as amended. no amendment made by this Act. ahall be construed as amending, modifying, or repealing any provisioo of the FUtal-t.c>-Portal Act of 1947.Any regulation, or interpretation of the Ad? ministrator of the Wage and How Division or of the Secretary of Labor, and any agreement entered int.o bye.trect as an ord regulation. interpretation, or agreement of the Administrator or the Secretary, as the case may be, pun;uan t t.o this Act, except to the extent UW. any such order, regulation, interpretation, or agreement may be inconsistent with the provisions of this Act, or may from time to time be amended. modified, o.r rescinded by the Administrator or the Secretary, as the case may be. in accordance with the provisions of this Act. 1No amendment made by this Act ahall affect any penalty or liability with respect to any act or omission occurring prior to the etrective date of tb1a .Aet; but., after the expiration of two years from such e1fective dat.e. no action ahal1 be instituted under section 16(b) of the Fair Labor Standarda Al!t of 1938, as amended, with respect to any liabD.ity acc:ndng thereunder for any act or omission occurring prior to the effective date of this Act..(e) No employer ahall be aubjeet to any liability or puniabment under the Fair Labor Sta.ndarda Ad. of 1938, as amended (in any action or iroceeding commencwi priormt.o or on or after the etrecthe date of tbia Aet).on aeoowrt of the failure of aaid employer to pay an employee com? penution for any period of overtime work performed prior to July 00, 19'9, ifthe compenution .-,id prior to July 20, UK9 for auch work wu at least equal to the compensation which would have been payable for such woric bad section 7(d) (6)and andledion 7(&') of t.heFair Labor Standards Ad of 1?as amended. been inefrect. at the time o such paymen t.(f) Public Law 177, Eighty-first Congreas, approved July 20, 1949, is hereby repealed aa of t.he effective date of this Act..2Approved. October ?.6, 19'9.provisions of the Fair Labor Standards Act of 1988, as---..aa.i(a) oltlle ,..lMa' Al.t..IW.,,M., ltl!O, llJlfll-to chitI 'nleP"M"'-ofcM,....i.I------ciam.lnedIll---the Administrator or the Secretary, in effect under thes..r..r,.tl lAbor b1._s 1 e PluNo. I lfll lllO. 6'Su&. 1t83. S.tezs e4amended. on the etrective date of this Act. shall remain in7(1X5). (8),m._, (b) "Clle Nr LabarAl:l. ..-Ill-w.inMCUol5PERTINENT PROVISIONS AFFECTING THE FAIR LABOR STANDARDS ACT FROM THE PORTAL-TO-PORTAL ACT OF 1947(61 Stat. 84)(PUBLI C LAW 49 -80TH CONGRESS)[CHAPI'ER 52 - FIRST SESSION] (R.R. 2157)AN ACTTo relieve employers from certain liabilities and pun? ishments under the Fair Labor Standards Act of 1938, as amended. the Walsh-Healey Act, and the Bacon-Davis Act, and for other purposes.& it mad.?J. by tJu Smate cftd Hcnue of Repruentativu of tJu UniUd Stat.u of America in Ccmgreaa aaaembl?J,PART IFINDINGS AND POLICYSECI'ION 1. (a) Tbe Congress hereby finds that their Labor Standards Act of 1938, as amended , has..eeninterpretedjwtidaUy indisregard of long-established cmtoma, and contncts between employers and employees. thereby creating wholly unexpected liabilities, immense in amount and retroactive in operation, upon employers with the results that,ifsaid Act as sointerpreted or c:laims arising under such interpret&tions were permitted to stand. (1) the payment of such liabiliaes would bring about ftnancjal ruin of many emp)oyeni andaerioualy impair the capital nllOlU'ee& of many others, thereby resulting in the reduction of industrial operations, haltingof expansion and development, curtailing employment., and the earning power of employees;(2) the eredit of many employerswould be seriously impaired ; (3) there would be creat.ed both an extended and continuous uncertainty on tbe part of industry, both employer and employee, as to the 1inancial condition of productive establishments and a gross inequality of competitive conditions between employers and between industries; (4) employees would receive windfall payments. including liquidated damages, of sums for activities per? formed by them without any expectation of reward beyond that included in their agreed rates of pay; (5) there would occur the promotion of increasing demands for payment to employees for engaging in activities no compensation forwhich had been contemplated by either the employer oremployee at the time they were engaged in; (6) volunt.aty collective ba:rga1ning would beinterfered with and industrial disputes between employees and employers and between employees and employees would be created ; (1) the courts of the cou:ntry would be burdened with acessive and need? less litigation and ch.ampertous practices would be en? couraged ;(8) the Public Treasury would be deprived of .Large sums of revenues and public finances would be seriously deranged by claims l,pinst the Public Treasury forrefunds of taxes already paid ; (9) the cost to the Governmen t of goods and services heretofore and hereafter purchued by its various department.a and agencies would be unreason ? ably inaeaaed and the Public Treasury would be aeriously aft'ectedby eon.sequent 1ncreaaed cost of war eontncta; and{10) serious and advene effects apon the revenues of Fed·e.ra1, State, and local government.a wouldThe Congress furtber finds that all of the forego? ing constitutes a substantial burden on commerce and a aubst&ntial obstruction to the free flow of goods in commerce.The Congress,therefore, further finds and decl.ares that it is in the national public interest and for the general welfare, e.eaential to national defeme, and M"'P""Y to aid, prot.ect, and foster commerce, thi.t this Ad be enacted.The C.ongress furtberfinda that the varying andextended periods of time for which, under the law& of the several States, potential retroactive liability may be impoeed upon employen,have given and will give rise to greatdimculties in the sound and onier1y conduct of bn?fneu and industry. The Congrees further finds and declarea that all of the results which have lriaen or may arise under the FmLabo:r St.andards A.et of 1938, as amended, as aforesaid, may (except as to liability for liquidated damages) arise with respect to the Walab-Healey and Bacon-Davis Acts and that it is therefore, in the national public interest and or the general welf'are , esaential to national defense, and necessary to aid, protect, and foster commerce, that this Act shall apply to the Walsh-Healey Act and the Bacon?Davis AI:t.(b) Itis hereby declared to be the policy of the Congra;s in order to meet the existing emergency and to correet existing evils (1) to relieveand protect int.erstate comme.ree from practices which burden and obstruct it; (2) to protect the right of collectiVe barga1nmg; and (3)to deftne and limiL the j urisdi<?t:ion of the courts.? ? ? ? ?PART IIIFUTURE CLAIMSSEC. 4. RELlEF FROM CERTAIN FUTURE CLAI.MS UNDER THE FAIB LABOR STANDARDS ACT OF 1938, AS AMENDED, THE WALSH-HEALEY ACT, AND Tl::IE BACON-DAVIS ACT.-Except as provided in subsection (b), no employer shall be subject to any liability or punishment under the Fair Labor Standards Ad of 1988.as amended, the Walsh? Healey Act, or the Ba.con-Davis Act, on account of the failure of Sllch employer to pay an employee minimum wages. or to pay an employee overtime compensation. for or on account of any of the following act:mties of such employee engaged inon or after the date of the enactment of this Act -walking, riding, or traveling to and from the actual place of performance.of the principal activity or adivities wbicb such employee is employed t.o perform. and(2) activities which are preliminary to or post·liminary to uid priDdpal adtrity or ldMDes,wbicb occur either prior to the time on any particular worialay at wbidi mcb employeec:ommences, or sub&equentt.o the time OD any 1'0riu:lay at lVhich be ceases,such prindpal activity or activities.Forpurposes of thissubsection. Che use ofanemployer 's velvde for ttavel by an employee andactMtiesperfonned by an employee which are tnClclenral to the use of such lffJhx:Je for commuting shall not be considered part of the employee's prmCfPBI acriv!lles if t/1e use of suchvenc/e for travel 1s wilhm the f10/7Tl4/ commurlng 1Jre8 for the employer 's busmess or establishment and the use of the employer 's vehicle Is subject 10 an sgff!tJIT1ent onthe part of the employer and the employee or represen?tative of such employee.INothwithstanding the provis.ions of subsection (a) which relieve an employer from liability and punishmen t with respect to an activity, the employer ah.all not be so relieved if such activity is compensable by either -an express provision of a written or nonwritt.en contnct in effect., at the time of such activity, between such employee, bia agent, or collective-bargaining repre?.sentative and bis employer; or(2) a custom or practice ineffect, atthe time of such activity. at tht> establishment or other place where such employee is employed . covering such a.ctivity, not in· consistent with a written or nonwritten contract. in e.ffect at the time of such actMty, between such employee , his agent.. or collective-bargaining representative and his employer.For the purpo&eS of subsection Cb), an activity shallbe considered as compensable under such contra.et provisionorsuch custom or prad:ice only when it is engaged induring the portion of the day with respect to which it is so made compensable.Inthe application of the minimum wage and overtime compensatio.n provisions of the Fair Labor Standards Act of 1938.as amended, of the Walsh-Healey Act., or of the Bacon-Davis in determining the time for which an employer employs an employee with respect to walking, riding, traveling or other preliminary or po6tliminary activities descnbed in subsection (s.) of this section. there shall be counted all that time, bu.t only that time, during which the employee in any such activity which is compensable within the meaning of subsections (b) and (c) of this section.PART IVMISCELLANEOU S? ??? ?SEc. 6. STA'.rUTE OF LnerrATIONS. -Any action com? menced on or after the date of the enactment of th.is Act to enfol'Ce any cause of acdoo for unpaid minimum . unpaid overtime compensation. or liquidated damagea, unc'ier the Fair Labor Standa.rda Al::t of 1938, u amended,the Walsh-Healey Aet, ar the Bacon-Davia Act -(a) if the cause of action ICCl'UfJ8 on or after- the date of the enactment of this Act -y be mmmenced within two years after the cause of action aeaoed, and every such action &hall be forever barred wllesa commenced within two years after the cause of action accrued, ezcept. tJUJ/i a cauu of action aming out of a wiJJ/ul 1liolat1on ma.11 bewitAm th.ru vean after'awu of actionCJCCr'1'ed;I?? ? ? ?(d) llJUla raped"'""" c:aau of adi'1la broagla.t un.de udion 16(6) of tM Fall' Labor SbDulanU Ad of 1938 agabut a State or a political 1ubdlot.ilm of a StaU in a dlltrict court of the Unlhd Stata on or Mfore AprU 18,J97J, tM nuuUnl of tM ?tatutorw pgiMU of lilnitattontJaall be 1mpelllW during tM riod b.tginning UJitla t.M conuMnctmmt of an11 1uch adion and ending OM Juuulnd and eiglatJ/ dag1 aJW- Uu! dfedirJe tJaU Oft.M Fair Labor Standanll of In4, ez?ptMt 1ueh '"'IWon tJaall not be qplkabk if in 11U!htion ju.dgrMAI ha been enlued for tU dde""4rd cmtM l/1'D"111t. other U.u Stak immanit11 from Feda.roljurt.dlction.Jrina1 o1 NOJon 44a> wu edded by llCCion u02 ot w SaWI8Job Proe.:tlon A4of 1-.eJfeccnt Aup&21D,1-. s.mc..2101,2102.Md 2103of dial Ac\ may lie dl4d ?I.he ? c-udnf F'1cxibility A4 ol1996.' I.a llll9idld by l8C!bClfl IOI al t.M FW Ubar StwkrGa ,._.._...of 19116. 80 Stal. 830., A.ddtd by 1i1C Fair Labor St.tndardl Amlndmm.t of 1'74.811 S&aL 56.SEC. 7. DETER.WNATION OF' COM.MENCEMENT OF.!I'URE ACTIONS.-In detenn.ining when an action is commenced for the purposes of section 6, an action com? menced on or after the date of the enactment of this Act under the Fi.ir Labor Standards Act of 1938. as amended, the Walsh-Healey Act, or the Bacon-Davis Act, shall be oonside.red to becommenced on the dat.e when the complaint isfiled;except that inthe case of a coUect:ive or class action instituted under the Fair Labor St.andards Act of 1938, as amended. or the Bacon-Davis Act,it shall be considered to be commenced in the case of any individual claimant -on the date when the complaint is filed, if be is specifically named ua party plaintift' in the complaint and his written consent to become a party plamti1f is filed on such date in the court inwhich the action is broughti or{b) iI such written consent was not so filed or if bis name did not so appear- on the subsequent dat.e on which auch written coneent is filed in the court in which the action was commenced.? ? ? ? ?SEC.10. RELIANCE INFUTURE ON ADMINlBTRATIVERULINGS. ETc. -(a) In any action or proceeding based on any act o.r ailaioJi on or after the date of the eJ;W?tment of this Act, 'employer abaII be subject to my lilhility or puniahmentfor er.on aecount of the failure of the employer t.o pay mini? mum wages or CJYertime c:ompm88tion under the Fair Labor Standards A.ct of 1938, as amended. the Walsh-Healey Act. or the Bacon-Davis Act. if be pleads and proves that the Kt er <mi-km complained ofwas in goodfaithinconformity wit.b and in reliance on any written administntive regu? lation. order, ruling, approval. or interpretation. of the ageney of the United States specified in subsection Cb) of tbia leCtion. or U\Y administrative practice or enforcement policy of such agency with respect to the claas of em? ployer& t.o which be belonged. Such a defense, ifestablished, shall be a bar to the action or proceeding , notwithst.and ? ing that after such act. or omission, such ad.mJnistrative regulation, order.ruling, approval, interpretation, pract.lce, or enforcement policy is modified or rescinded or is de?Cb> The agency referred to in subsecdon <aJ ahaIJ be ?(1) in the case or the Fair Labor Standards Act or1938, as amended -the Administrator of tbe Wage andHour Division of the Department of Labor;? ? ? ? ?SEC. 11. LIQUlDATED DAMAGE S. - lo any action commenced prior to or on or aft.er the date of t.he enactment of this Aet to recover unpaid minimum wages, unpaid overtime compensation. or liquidated dam.ages, under the Fair Labor Standards Acl of 1988, as amended , .if the employer shows to the atisfa.ctioo of the court tha1the act or omission giving rise to such action was ingood taJth and that be bad reasonable grounds for believing that his act or omis&ion was not a violation of the Fair Labor StandardsAct at 1938, as amended , the court may, in its sound dis?cretion, award no liquidated damages or award any amount thereof not to exceed the amount specified inseetion 16'of such Act.? ? ? ? ?SEC.18. DEFINITIONS.-{a) When the terms "employer," ..employee," and "wage" are uaed in this N!t in relation to the Fair Labor StandardsActof 1938,u amended,they shall have the same me.aning u when used in such Act of 1988.? ? ? ? ?(e) As uaed in section 6 of the term "State"means any State of the United States or the District of Columbia or any Territory or poeaession of the United States.c. 14. SEPARABlLlTY.-I!any provision of t.bis Act or the application of such prorision to any person or cir? cumatance is held invalid, the remainder of this Act. and theapplication of suchprorilion to other peno.na or eircum? stancea ahall not be atfected thereby.SEc.15. SHORT TITLE.-This Act may be cited as the "Portal-to-Portal Mt of 1947."Approved May 14.1947.termined by judicial authority to be invalid or of no legal e1Ject.ADDITIONAL PROVISIONS OF EQUAL PAY ACT OF 1963(77 Stal 56)[PUBLIC LAW 88-38)[88TH CONGRESS, S. 1409)[JUNE 10, 1963]AN ACT'lb prohibjt discrimination on account of sex in the payment of wages by employers engaged In commerce or In the production of good.a for commerce..& itby tM Ser&DU and Hou.u of Repruenta;tivu of tM Uft.ited Stata of A7Mrica in Conqru? a.smnbl.?i. That this ht may be dted as the "Equal Pay Act of 1963."DECLARATION OF PURPOSESEC. 2. (a) The Congress hereby find s that the existence in industries engaged in commerce or in the produetion of goods for commerce of wage differentials hued on eex -depreaaes wages and living standards for em?ployees nerw?vy for their health and efficiency;prevent.a the maximum utilization of the avail?able labor reeouroes;tends to cause labor disputes. thereby burden?ing, atrecting,and obstructing commerce;(-4) burdens commerce and the free flow of goodsin commerce; and(5) constibrt.es an unC.aiT method of competition.(b) It hereby declared to be the policy of this.Act, through exercise by Congreu of its power to regulate commerce among the several States and with foreign n.1.tions, to correct the conditions above refen-ed to insuch industri.es.(Section 8 of the Equal Pay Ad. of 196.3 amends section 6 of the Fair Labor Standards ht by addinga newsubsection(d). Tbe amendment is incorporated m the revised text ofthe Act.]EFFECTIVE DATESEC. 4. The amendmentit made by this Al!t abaD take eft"ect. upon the expiration or one year from the dat.e of it.a e.nac:tment: hovidMI, That in the cue o employeea co+ered by a bona &le collective bapining .,reement in effect. at least thirty days prioT to the dat.e of enactment of this Act. entered into by a labor orpnizwtioa (u defined in aection 6(dX4) of the Fair Labor Standards Act of 1938. as amended), the amendment.a made by this Act ahaD take effect upon the tenninaQon of such coDecDve bargaining agreement or upon the expiration al two yean from the date of enactment of this AA. whichever shall first occur.Approved June 10, 1963, 12 m.Regulations:Part 525Employment of Workers With Disabilities Under SpecialCertificatesTiie 29,Pan 525 of the Codeof Federal Regulationsepanmenc of Labornt Standards Administration Wage and Hour OivistonWH - 1249Revised August 19891f'AaT 525-IMPLOYMENT OF WORK? RS WITH DISA&ILlt1ES UNDO SPE?CIAL CDll'IC:Ama.c.la.I la&roclUeCMm.....2 .....,_. udeoope....., Def!n" ...Ul.4 Pll&Aml wanen.Dl.i....P&1ID9DtL<d> PermJt \he oonUnuance or estal>? IJabmeot oJ wort actJYIU? centen; andCe> Prorlde U:W an.r ezaployee re? od'ftnc a aped&! m1nlmum 1N,le rate punuant &o leedoo H<c>. or Ule parent or ruud1an of such Ml a:D.P1o7s ee. ID&1 petlUon tor a l"ftiew ol t.bat-ace rate bJ an &dm.LDJltn.tln lawJudie.dJcta OJ' &Jco.hollc:&, and the Wte.,beth.er Ucemed or not llcenMc1.'°<1>la cSeftned ID PL8A u ""to suffer or pam.ttwoft,.. An ems pJormmt re?attarwbtp al1lel 1'benffer an lndiYidu&J.. tnc1uct?nc an tad.t.S.SuaJ with & dl bQJ. la mtfered OI' pennl c.? Ced to work. Tbe deCerm1n&Uoo of anemploJmeD1 reJatAmsblpdoes notclepmd QPGll the leftJ ol pe.rfo11D&DCe.l.aA., Oawo-P.".",'.b,.'.C tame..1tc&ia.or wbetber the W'OB la of eome then·..... 8pecilaJuaonu., oen.11prcwtatoaa for t?mpon.ry au ·I UU hrpoec -The recul&tlom lD um part I0""1peuUc be:oeflL lloftftr, an ind.t.sdualdoel not become an emplo)'ee U a>·ULt cru.ta fort of wonen..-awH.b d'-Hltt!n under ce:rUOcai.a at1..-..........·._=.=.o..td oaodlUaDI of specialwtnlnmm ....ra&.aUl.10 PnftWllc,,.... .................,.........TenMl&U--....iof .... i llliD.lmum wacethe .,. .. nee ol all cerUfic&&m aw.bar· l&1DI the ellll>lOJ!DGlt of ?orbn wttb d11&bWU. &t sped&l mlnlmqm ..,_punua.nt to MCtJoo 1'<0> or PLBA.I UU IW1aWoM. (&) 'TL&\.. m.DI t.he PUr i..a.orltll. . ......dee\Pied ln IUCh actntU. .. mektnr cnf t produet,a wbere t.be tndh1dual TOlun&artlf parUc:IPf,C.el tn IUCb aettYi· ti-. &Dd the pl'Oduct.a become tbe propm't.J of t.be IDdlftdu&l mw?nrtb8m. or an ol the funds rau.u.tfrom. the aae of Che proctucca are dJ·Tided UDC1G1 tbeta 1D tbead.h1tJ or are med ID Plll'Cbulnc addJsStAndardaAct olUL1I 1 s'tlil bDlll WWL......................llL.U --ID be US!( bJmQllOPG'LUl..11 ..I 'ton of eeruncu..(b) ..Sec::retar7"" --t.be 8ea?lar7or lAbor or the Secretar7 of Labar'? resicwntaUft.UouJ m&tertals '°uota.....ucntt proct .111.U .......111.U Ja?..,, re aDdbeutQo..la.21 Lswullc ot _. ruaw.n ?r '1s?..rtdal 1o pec.auoa..ULJI Wn ...awm.....-.....,. Ad11wa.1 0aa.e on 8PedaJMh ! ?? U 8laL lOIO, u?mndect <it<e> "meam the .Ad?m1mlln&or of t.be Wace &Dd Bour DI·..... UA l>ep&rtmellt of I.Abar, orthe·Md.bortled """".m&tlft.<dJ ''Worker wWl a dlnbOUT' for the pwpo1e of um Part ......an ID· dlTktUa1 wboee eamlns or prodacUwe(bJ "Bpedal mlntmmn wace" a. a..,.adel' a ceru.flca&c...... to an .....,, under' um P&rt t.h&t .. ...u.an t.be MtatorJ miDJslllQlll waae,Cl> " O? "w-ua&e" ....la a"'lmum ..,.paklto a worker with adte"0tt7 wbkib la build on the work sJ..&.C,· ); Pub. L. ff.-411. 100 8'&t.C8PICltr labr a Ph1*al or..lDd!ftdml lll'Oductntb lD Pf'OPOJ'·111t <?u.a.c. IH>.llo.-: M Pll nn1. Aus. 10, 1....UD1-e&lt........Ila.I ? ' d?Tbe PQ- 1Abor' St:a?'?rda Amend ·..... of llM <Pub. L.100Sta&. 1m> suw?nt!ell1 .f'e9twt thoeeP10tllitlw of t.be PUr IAbor &andardaA.et ot ina <? u.a.c. 20u <PLSA>thet of lndh1d ·.a.dteeHec' - t.be work to be peJ's f...s C wwkww wttb dt?bOfU.> at ll*Ml m! 11lwgm waae n.r.- below t.hen&e &bat would otbenrt9e be reau1redb7 Mkde, TbeR pro'1llom .,.. codJ.fled at -=Uon 14<c> or the PL8A and:<?> Pnmde for tbe tllllPlorment andll' oertWcs.t.ea or lnd!Ylduall with dfrWJltlel at speda1 min imumewort '°rat. ?b.lcb &ft commemun&e wlt.b UMl9e paid to warken not d'"bled for tbe be performed em.ployed lD t.be riclDlO or 1 uua111 the tame t7Pe. .and quanUtJ of wort:<b> ReQulJ'e emplo7t!ft &o pronde wrtc.&eo usuru:aces t.b&t wace ru. oJ tndh1duala paid 00 &D boW'l1 rate buts be rntewecS at leut once neryax IDODl.ba and t.b.&t the ....of &1Jempk?,.... be reviewed at leut umual·'°to reflect cban8ea lD the Pl"9ftll1na....P&kl eq,ertmced lndh1duala.iot dtablecs for the work &o be per.fonDld eaaplopd ln the loc&llty for ?·,,_the same U'Pe of work:<c hlblt employen from reduc· 1DC the wace rates prescr1bed by cenlf · leate ln effect on June 1, 19U. for two)'ea.rs;mental diabWtJ, lncludlas t.bole' re?latlDI to ase or IDJurJ, for the wait &obe perfarmed. DlehDltfr wblcb ..,&.Uect eam1Qa or producttft cal*lt7 lDcludebllndrwemm&a1WDW. IDl!Dt&l retudatioa. oenbr&l palq. &1· oobollsro and dnlc Mdlc:Uoa Tbe fol·lowtac. &Um bJ UwNel._ are DO(.oowllAOered dwbOIU.for the PUl1>0llllof thJa part: VCMSHme,I eacl&I. mlklr·&1. or edncwtlme! dfebQ!tteB; ebnmkearnmsUDelQplormmt; ....of welfare .... eflta; nm:Lltt.,,...... al. 8Cboo1; ,..... Diie del1DQuencr. and. aorr---.J parole or protieUoo, P'm'ther, a cUabO· tty whScb ..., affector pro? duc:ttYe c:ai-dtJ for one trpe ol 90R may not &!feet IUCb eapadtJ for an· other.<?> ''P&&.leot worker" --& wortter with a d??blJJtr .u deflDed abaft, mn · ployed b)' a bolPt&l or lmUtuu. pro. Y14Jnc resldenU&l care wbeft mcb worker recetnia ir-t"MDt or cuewithoutrecard to wbetber' IUCb worker la a resident of the establlab· men"t.(I) "Ilolptt&l Oil iDIUtuUao." hereat · ta referred &o u "IDltltutaaa." la a public or prtnie, DOQPrDfJt or lot· pront lacOJty prlmartlr eDlaced Intle.. more th&D IO percent. or the lncome ls attributable &o> i>ro"ftd1Da residenU&I c:att tor the lk:t, t.be ued. or the mental17 W or retarded. IDclud· lnl but not UmUed &o D111111.D1 bollm , lnterm.edlat.ecattfUWU.,re1t homea . convlLle.cent bomea, hoases for th (elderlyandtnlLrm..ballway houaes. raldentta.t cent.en for drus &d·Uon to t.be waae and Pl'Oduct&.ttr of???n&eapertmoed nnndleeNed WGften per. fC11'111JDs? .u.111 tbe w tJpe, cauaUtJ.and cauamatr of Wotk tn tbe Yi· clDtb Jn whlcrb Cbe lndiftdu&l under cmUDa&te II emploJed. Pm- a&m.ple,the OMDIJ wase 01 a workerwtth a dfrbOltJ wbo iiTl1f, u produc. Uft ..t.be &.....DOn · dlrNed worbr, CUIDc lnto coalllder·&&ion tbe tne. crualtt7. and QU&Dt.lty Of Waft ol tbe dlMbled . would be ?at Tl ot tbe ,..... pUd to the...,..,_Ned 1PGlbr'. Pm- Plll1M*S ofthw & .,...."MllAU'ate--.e la aJWQS a IP9dal minimum wase. Le.. a belcnr the statutory mtntm11m<J> "'Vlc::lnlt,...or '1oca1Jtr? meam t.bearea b'Om which the laborforce of tbe oommunh,. la drawn.<k>worker"' means a worur ?bo baa Je&rned I.be buac ele· mmm or reQWremmra of the work to be perfarmed,. ordlDar1l7 bJ omqple?UGC Of & OJ' ·tn.1n.tnc period. T7Plcall1. IUCb a worker wW baft reoetNd at lMll one PQ r&ieealter "Ut'CWful COlllpleUan of tbe pro?O.t10Dl.r7 or tn.manc pertod.?UL4 1Nltien.With respect &o PAUent workers, u detJned tn 1126.J<e>.a maJor l&c\or in det.ermJD1nc U ant rel&· Uoftlhlp uJlt.a la wbeeher &be wort Pftfonned Ja of any comequenU&I eco? oomic be.oelJt to the tnaUtutJon. Oen· erallY. wort aha1l be oonaidered &o be ofu.enUal ecooomJc benef it 11lt2......,_el;he type t.bat workers wit.bout d?aontUel normally perform. ln whole or ID part tn t.be fmtltuUon OT elae?Wben. lloweft.r, a pat1ent. does DOlU1 emp 07ee U he or &besuch Individual ls completely relieved f rom duty but Ls provided t.berapy ort.be opportunity to parUcipate ID an aJ. t.e:rnaUve Procram or a.ctlvtt)' ln the fa· cWt1 ooL lnvoJvtn. work &Did not d.J?tn order to prevent the cu.rtaJ.lment ofopportunJUes tor emplonnent.. tbe f ol·lowtnc crlt.erta wW be com1dered;<l> The nature and extent. of the d.ls?abWUea of the 1ndh1dualaloyed umereb' perfonmpenonaJbou.eteep?rect.11related tot.beworker? Job <e.c.?the.e dlaabWUets relate to the tndMd-tns cbora. such um&lnta!n1ns his or her own qua.rt.en. or reoetYeS a token J't!IDUDenUan JD ccmnecuoa wtt.b such wa ?kw. n may ai.o be pcwsfb1e for P9·UeaU tn -like ?ttlnp such u croup homes to rotate or I.bare bouae? bold tub or c:bores without becominat au w.,..,_,...._(&) An IDdhtdua1 wboee ea.m1n.s orPl'OdueU" CAl)llodt.7 la not. lmpalred foru.e work betas Pel1ormed cannot be 9lllPI01ed under' a cerUtJcate laued pammit. to this JIU" and mu.st. be p&ld at 1-A t.be AIJP'lcwbl-e mJnlmum wap. An IDdh1dua1 wtame eamlnc or pro? ducttte eai-dt.7 la lmpa1red to the atet the IDdntdu&l la unable to eun at 1-.A the appUca.ble mtn.lmum.... ...,. be paid & cam.menaun.te.....but oal7 after the mapk)Jer buoh?etnM ?cerwJcat.e &lltbortana ?....of 9P8Cdal mmtmum waps fromtbe otDce of tbe Waceaelf-belp lldlll t.ra1nlna. recresuoo.. Job teetlnc akJlls t.rt.1D1DI. 1Ddepende.ot llvtn. UJDs. or adult. be.ale educatJon>. The burden o!Mt.ablllbJ.Ds that. such houn are not compenaa.ble rest& with the facllJt.y and such hours mu.st be clear ye from compen · sable hours. <Por f urtber lnf onnatlon on compemable time In 1eneral under PL8A. aee Part '185 of th.la title.>t W.7 AH"kw?ion for an1.0c:a&-.<a> Appllcatlon tor a cerUfJcate m&Ybe rued by &111 aQp}OJ'W wtt.b t.be Re? rloa&l Office of t.be Wace and Bour otTtlloD bavtna &dm1DJltratJve Jurt.d1cUoD Oftl' t.be l90IJ'&Phlc area ID wblcb t.be emp ()7!Dent. la to take place.<b> The emplo1er &ball provide an· swera to all of the applicable questions coot.a.tned on t.be appllcatloo form pro? vtded bJ' t.be Rec1oDal Office.(C) The appllcatJOD ab&ll be ldcneduala' productJvtt.r. .<2> The prevaUJ.na waps of eXJ>eri· eoced anp oyees not dlabled for t.be Job wbo are employed tn the ric.tn.lt.Jln 1Ddu.at.ry enDPd ln work compara.. ble t.o that performed at the &pedal mJnlmum wqe rate:<S> The productlvtt.y of the work.en wtt.b d.laabWtJa compvect to t.be norm est&bUabedor n o nctt.ah Jed W'Orken t.bro t.be use of a verlllable wortmeuurement. met.bod <aee I 626.U<b?or Cbe Pl'OductlY1t7 ofnonct?? hJed workers emplof'ed tn t.bevlclnlty OD eom,s-nb!e Work; and.<4 > Tbe wace rau. c.o be paid to t.be workers wtth dlabWUea for WOrk oom· parable to t.b.at performed by expen. eoced nondlghJed workera.<b> In order to be sranted a oerutt? ca&e Mttboriztnc t.be enaplo7JIM!llt. of WOften with dtgNlJU. at cpeda] mlDJmum. -ace rata. themust provide the followtac WTIC&en u?md Boar Dltlldciu of the Department.by t.be employer or the employer's au?ment:oancemtncIUCbemplof ?o'.,.a.ar.JD IDIUtuUona, DO dedUC?thorised reprment&t!Ye........,.< > .In t.be cue of lndividua&apUdWlt.b nmpect to paUent. workt n\e...-' CIUl be made trcn such lndfyjd.-1ma.- cwnnw-uate .,....to COYer t.be COit of room. board. or other em vloei JW owldlid bJ' the fllclUt7. Such an lndi· Tlclaa1 malt recelft bJa or her wacea&. and cleu', acept for amounts de?tawdue&edfored aptnat. theUld 8D7 TOJ1111far7 wace u?,... "'4 dlree&ed bJ' t.be emplo1ee.<.llee Ul of this CW...> llowe'fer , lt.II not t.be lnt.mUaa of t.bwuam &o PNClude u.e tmUtuUon t.b.we? an.- from ?? ?nc or oollect.tnc clauses for room. board, and Gt.her WWW tkw MO?eUJ' prorided to &D lndl· Tidml to the at.mt ))ermitted b1ap..plleble Pederal or State law &D.d onthe W bula U it HI Ill and COi·1ec&a from DGllWUikiuc p&tieata.I la.A eo_, Hr time.lndtYidueJ.I emplofed subject to this part must be compenuted for all boan worked. Compennb\e t.tme ID· cladea not onl7 tbo.e boun durtnc which t.be lndlYidual la &Ctu&ll7 per?formJnc producun work but alto ln·c:ladel t.boee hours when DO work la performed but. the 1Dd1Ylduel la re? quired b1 t.be eDQ>lo"r to remaln aftllable for t.be Delt't amsnmenL- .,....., wbere &he Individual la com-relined from dut.1and la not Jred to naaiD aftllable for t.be nat ?ntP!IM"t.. such time w1D not. be(H....A. nld compemebJe time. Por ft·ample. ui lndtYSdual emplo)'ed bJ a re-?babllltat:ion fecWt.7 would not be en·,..eel In a C'OlllS""DPb\e aat!Ttt.y ?heret UU s,.daJ ,.o.-.... fw<a> Tempon.ry aut.bortt.J m&7 besranted to an emploJer permlWDs t.be em.plo711M!Dt of worten with dll&bll· Wei pursuant to a voc:attmaJ reb&bW· t&Uoo procram of \be Vetenm Ad? m1Distratloll for veteram wtt.b a aerv· lce-IDcun'ed cUabWt.J or a TOC&tkmal reb&bllttatlon proc:ram &dmlDisCered bJ' a State -.enc1·Cb> Temporu7 autbortt.1la effective tor to daJI tram t.be date the appro? priate ..-am of t.be appUmtklll form.. 1111*1 and bJ' t.be dUb' ctestlPV'ted reprwntatlve o!t.be State acmcJ or t.be Veteram Adm'"tstn? Uoo. 8ucb aut.borttJ may not. be re? newed or enended b1 the llsu.1DI apncy.(C) Tbe aicned applJ.cat.loD comti · tut.ea t.be temporaryaut.bortt.1 to employ workers wltb dlaabWUes at apedal mJnbnum waie rates. A copy of the appllcwtlon must be fonra.rded wttbJD 10 d&JS to the appropriate Re? lional OUlce of t.he w,.e and BourDlvt.llon. Upon receJpt., t.be app.lJc&Uon wt1l be reviewed and. ?here appropri? ate, a cerWJce.&.e w11I be JaUed by Uae Recioaal <>mce. Wbere add!Ucmal 1D· format:loo la required or oert.Ulcwtlonla denied. t.be appUcent. wtll receive oo?t.Wcat.lon from t.be RecioD&l omce.f iZ5.t Crtteria f? _,.., Ht fll work ·'" wtdt ''?WllilllartUla&mal .................<?> In order to determlDe that ape.cla.I mlnimum ,,..e raLel are neceaarybOW'l7 rat.-. t.be apecdal minimumnee rates wtU be reviewed b1Uie em?pJorer at pertocUc tntenala at. a m.tnJ?mum of once eftll7 atx IN!Dt.bc; and.<2> Waces for all,... wtn be&dJust.ed b7 t.be empl at period1c Intervals at a m.lnlmum of once each 1eer to reflect c.banpa ID t.he Pl'ft"&O· lq ..... pe.ld to GPel1eDced DCJDdla.&bled lndivtduala enap1o7ee1 ID t.be lo? callt.1 tor euent.1&11)' t.b.e ume t)'Pe of work.f Ul.11 .....,.....<&> A pren.W,ns -ace n.c.e a. a nee rate t.bat JI pe.ld c.o ui eJtPertenced WOrker not. dJlabled for the work to bepe.rformed. The Department. recor· msea t.bat t.bere may be more t.h&n one wace rate for a apedfk: tJ'l)e of work Ina Oven area. AD emplonr must be able to demonst.r.t.e that the rate betns Wied u preva.OJnc for de&ena.lo ?tq a commensurate wace was obJec·Uvel,y determ1ned accordlnc to t.besuideUDm ooot&tned mum8fJCUon..<b> An employer wbme work force prtm&rtly oomlatl of ncmd11abled workers o_r ?ho emplo,. more Ulen a token number of noodle&bled WOl'ken dolo,s 111mllar WOJ'll. .1D&7 UM U &he pre?Y&Wnc wace t..be waae rate pe.ld to t.ba1emplo)'er'a apertenc:ed noodiabled employees performJnc atmnar work. Wheft an qency places a worker ororken wtt.b dilabWU?on t.be orem·._ of an employer dela1bed above. the nee paid to the empJoJef"? expe? rienced workers may be u.aed u p va1lJnl.3An emplorer wbme wort force a,.. .aw1l7 mmf ltl ot worken d.\abled for t.be 1ll'Oft IO be pe:rformed ID&1' de?&am!De tbe1'qe bJ &alers&aaams the -ace rates pUd IO C.be a· P9l1IDcednonct'"bledwana.of o&.ber' emplo79ft ID &be '1cinlt)'.8ucb da&a .., be ob??'ned b7 sune>1Dannm In Ute ....... t.batPl1marU7 DODdiabled workers-.. Gmfl&r wort.. 1be flnm aur? ft1'8d mmt be represmt&U" of com· pu&bie flnu In t.enm Of .....pa.Id IOworbn dolnc l1m.Uar'wan. naestae ol such aC'7> Bull {or the CODClUlkm thatwsce rate 11 not bued upoo a.a entTJll POSIUOU. <Bee ai.o 625. O<c>.><b> A prna111nc -ace mA.1 DOt be lw tJ:a&o U:ae m.tnlmum wace spedfled lo eectloo t<a) of PI&.I W.l l '"ueMt el eert.1ncaa..<a> Upon com:ldera&.lon or Lbe a1Le? na dt.ed 1n th- reruiauom. a spedal cert.lficate IDa.J' be laued.<b> u a apeda1 m.IDlmum wace cerW?lc:aie 11 &llued. a copJ abaU be seal. cot.be a:aplo7ef'. u deo1ed. the emploJetwrWnlPMt.'- not be Informed. It la not nee?co lnlorm a P&nmt or l\&U'dlan.<h> ID eatabH?hlD? p6ece rates forwcnen wtt.b dfebQ1t.1-.Uw followtnacrtc.erla lbaU be a.ed.:<1> 1Ddwtrtal wom WllemeotID.etbodl .uc.b ..ltop W'&Cch time stud·otherstu>daprrdeddeat&.e&r.moJrnedUmweureQm'S&eemnac..md.bodl <bereJoafter referred \0 u'°..wortt me&IUAllDeDt met.bods"> ab.all be uad b7 the emplo)'eJ' establlah llandanl procllldJol:\ ,..._ Of WOJ'Unnot d.labled for Ute wont \0 be per· formed. The t W1ll acceptwW beInand&old&be....- wm dllpmd an the 1uma.ber ofDOWledthe da1al. u well u t.bet.be w olwb1?netmet.bodan em·ar.. -.. llmDAI' won wt aboald......Me DO ...\ban three 0nm anlw U...an fewer nrma doUas AICb won ID UM u... A oampenb&e f1nD ii ooeWldab ta of lllm.D.u .a.In t.enm of em·..,...or Wb.lcb for or bidscm oamncta of a Gm.ll&r' me orllMure. 111&1 OOGt&ct otheraoaawww IUCb u tbe Burau of i.borw '"* where aw""are not?gwjcs or SlrtTU.e cw 8c&ie mlPlo7·pn rtieel u ..... work w be foaDd ID the .,_ defl'Md b7 t.be seo? tnPI* labor' ..na.tbe da.t COCD·.......? .. .....,...med.(.,Tbe .... "'as ....,.... mlbe.._...--tbl ....N&e pUd to ape-- .... Ned 1"Dl1t.-. .. de-J el wbaae ID t.bw.. s.plofW w tkw wtaicbpro...... m&r7 left1 ....da&a an noc. .Cs,...He u aoaawww for pnftllJns ....wa Uoa u recaatnd tn lbw ncu·r-..om forrich!. to peUtlon under I 625.11?ta> A tlPflCl&1 m.ID.lmum wace cerWJ? cate aball IP8Clf1 t.be t.erma &Dd candl · tJana llDdel' wb.lcb It 11 snnt.ed."°Cb> A tlPflCl&1 JDJnimum wace certUJ . cate sbaD 9PPl7 to all worken em·bJ tbe emploJer'wbJcb tbelllllftdllJ oaU1Jm&e II ll"Uded lllotldtdIUCb wonen are tD fact''"Ned few Uie work U..,. are &o perfOJ'llL(C) A tpeda1 mlmmam ftP oerWJs aue abal1 be effedtt'e few a l*1od to be ..... ... , .. bJ \be A.dmildltra&or .WGl'bn wtt.bmQ be pUt......lower \ban &be lta&Utot"J mfni. mum .,... rate eet forth tn eecUaD I of PL&& ODlJ dw1nc tile eflectlft per1od of the cer1JfJc&&e.Worbn paid under' spedal mlDS·ploJa' tbow co u-.. Bowner, the"°emolo,..,. bu tbe r?porwfbWtJ of d8Daaltra&.IDct.balapart.lcu.lar metbod IseCGelMdIDdUI· trial ........... and bu bem property eucuW. No .-clOc tratnlna or cert!· flc:atkm wf1l be NQWred. Where wort meuunaeot. met.bodl ban already been applled b7 another emploJtt orIOUl'Ce. and doeummta&lcxl em.timow u..t. t.be met.bods u.d are theW. It la DOt DM'.., IOUlw IDd.bo4k to "l??bllsb Pf'OClud.ionltaDd&nlL<U nM pl9oe ,..._ aball be bued onC.bedftndudprodnetkml"&W (Jmmber ol. UDltlan a:per1eDced WGft.m' noc. ctteeb'ed for tbe won ia ex· pece..s to P!Oduoe per hour> and the pren,Djas 1Dd\ldr7 .... rate pUd ?JC· per1moed nondlMNed worttms 1n t.be '1elnlt)' for r nu-117 tbe w tn?e&Dd quallt7 of work or for work requ.tr.Ins Gmllar *Ill. <Preftil1Ds Industry(e) Tben la DOIDlthodfor ...,....ttnc the of a Jlftftll·...- ... ....proftded tbl'*, ..??*""led a....,....,,._ .......,.Pw ez?mple,elt.ber avrtatnted or woulda a-a ID u....u.a?+v med.U> Tbe ............ .... -- bea..d 1IPOD waft mDillas lladJar IDl&bDdl and eQHl&Cill'llL Wbme t.be"'" ,. .. UD&ble to ob&&ln tbe pre. ft"'ns wace for a ll*Uk Job to be performed aa tbe IUCb uocaDe"'w clommenta It would be at·CQ!!ftNe to -..the PNftWas ....$b1 .... paid to aper1enced tndlftds...emp)ond In limllu' Jot. such ..me clerk or ...,.i of.nee clerk. resCIQll1Ds tbe ...... leneral *Ill ........C.>'!befoUowtnctnfonuUon....... be NOOlded tn ctoo......tanc t.be ddenD.1DaUoo ot prnaWnc wace rue.:< 1> Date of contact wtt.h firm orot.Mr 90111'Ce;<2>Name, addnm.andphonen·umber ol fl.rm or other IOW"CI con·(cl)mum Waleaball be pUt..... .,.,. wtt..b t.bw paid aper1enced DOI! lffeh'ed W'Cften ems ploJ'9d tn &.be ftcmltJ ID wbicb tbeJen emploJ"9d fortaall.7 UM .._.CJ'l)e. qualit7.and q1l&DUtJ' of wen.<?> Worbn wtUaabaU bepeAd not a- \ban ... and oae-baU U.... &bC' nsWaJ' ru.Of paJ for all bows worked IDo!t.be IDUJ · mum wua kwaet aopllaab e under 18C·t&cm '7 of P'L8A.U> The ...- of all workers paid aspedal mlnimum WtP UDder um part sbaD be adJ\llt.ed b7 t.be emplorer at periodic lnterft.11 at a m.ln.lmum or oner a J'ee.T \o rellect chanca In U\epl"e"f&Wnl ,,.._ paid IO npaSmcedLndlridua.11 not dilabled foT t.be wor1t to be performed emploJ'ed ID C.be ftdo· ltJr for ...nUallJ the u.me tn?e of wott..<?> Each woer with a dJl&bUJty and. where approprtat.e, a parent or suard1&n oJ Ule won:er. ab&LI be In· formed.and In W11UDc. ol Utet.erml Of t.be oerWJca&.e under W'b.lcbnee rue dlYSded b7 the -Sandardllumber of unit.a per boW' eQ\&&11 the.,...N&e.)?<U> P'- ra&el ab&11 DOt be 119 Lban t.be ............. pl.- ,...paid upa;. meed WGlbn noc. dlehMd for t.be wan dams I.be ....?111mOar wort tD the wbm mctl piece rates eDIC. and au be wtt..b the&etua1llW.Uom of tbeworUn with dfebQ U..<2> Azi7 waft IDlftlUl'elDeDt metbod med to ..t&Nlsb piece f"&W abalJ be ftl1flable &.brouOl the \l8e of esi&b? lllbed IDdUICZ1&l waft ent "8dmlQueLm U ll&oP W&LCb ume 11.Udlea aremade. t.be7 abaU be IDA4e wtlh apenaa ? I*-wbw prodUCUYily I9111 I I &I DDl"IUl or WI normal per . formance. U t.Mb' Pl'OducUTtt.7 does not repawt normal or near oonnalperf OftDADOe. MUustmeo&I of perform· ance ab&U be made.SUC!b MUastmen&a.80metlme9called··pertormancera.ttnc'' or ..leftUnc" ab&11 be madeonl7 b7 a peJ"IOD knowledp&ble In Utta> lodJvtdual contacted Wftb1n fln:nsuch worker iien.ployed. 1bJI requltt?tecbnkrue. u e'ridencedbJ 1ucceuru1>aree;??> nUe of lnd.IYlduaJ c:ontacc.e?<I> Wece rue lnlormaUon Pf'OY1ded:<t> Brief de9cripUon of work forwbkb we lntonn&tJon ls provtded.meot ..., be latlaf..S bJ m?k'ni copies of Lbe cerWlca&e aftDable? Wbere a woR.er Wft.h dla&bWU. dJI. Plan an undent&ndlnl of the terms or a certificate and request.I Lbal otherc:ompleUon of tra.ln1nl In Lb.II uee... Tbe penom ot.mabou.ld be stven UIM to Pftd,&oe \he wont 10 be PCT· fanned ln onkr to protSde them wtlh an opportu.nJty co a.et come t.be lnJtJ&J4.....leam1nS cunt. The penom obeuYed lball be t.r&lDed a.o u.e the ll)ed!k Walt met.bod and c.ooa. wbJcb 11.tt aftllabk a.o wort.en wtUl d.labWUelemplo79d UDde:r speda1 mln1mumed t.bat. t.bt ln!Ual payment.I reneci.t<S t.be c:ommemurat.e ..... due at U\&t Ume.<i> Upon compltUon of not. moreUlan atx mont.ba of e.mplo.rmenc... atornit1rab&ll bemadewithCU>Umeaballbe al·\be quaoUt.J and qua.Ut1 oJ work orlowed for pesml time, taUiue. &Dd UDHOldable de1&n. Own.117.aot ... than lK<t-10 mlnuiea per bour> ab.all be med 1D CODducU.oa Ume atudle&.<W > Wof'kta ab&lJ be"CJl)ChxteduldDat.bewwortmet.bod tb&I. wW be vw.taed bJ thewon.en wttb At?NUU.. When modi· OreUnm such u J... or fJ.sWrm are made \omet.bods t.o MICIOID · modat.e IP8Clal needs of lndfrictual wacbn wlt.b d&eMUU. eMttkJn&lwan 111? x wamtl need DOC. be OOD·ca..bWUa wmn won-. wtt.b ._dDCl&ed wbse the modUk:aUoaa mable t.bew1t.b dtebUJU? t.o pet· Iona t.be work or IDa'1uet.J tMlt woWd Impede a worker wttboutad I111Mte .......... of mechtzw are D0teH!tt!ee do DOC. baft a metbod an.D· able to t.bmD. u for nunple wbm'e an an"'Ne a.,..............W, Gl'k WlnlMD1·u lacb wons wtt.b a dleN'ltJ em·GDa .....raM bula aboaJd behill.a.AdIU'Dlllsa....,be _......._,"'pool.. eunlDIS...., ................c:aamKfor eecb lndnid·-.a won.. AD aample of t.bla litua·uao 1a a t.-m pnductklll openUoawbere ..ch WCWbr'I IDdtftdaal caotl1·baUaD t.o I.be .....,.., lll'OChd cumotbe- Boweftr , la&be'°"°IUCb lltmt'=a. &.be ...,... lbouldma1re 9"l'7 .acndtride..ndDllCbe proctuc.UwtQ .....ol -*llldlWlual ...ur.<J> Tbe followtaa' &ems abaU be met few wwwa wWa dWNUU. emplo79d a&. bam1F ...a.:Cl> lloatb' ...a.·lball be bued upont.be PNftlHDs bow17 ....rai. paida.o QPel1mold won.n not dllabledfor &.be job ..... 111 tJep t.be W type of WWk ud .....Gmllal' met.b· oda or eqalpmmt 1D t.be ftdnlt)'. <Bee al8o I 525.10.>C2J AD lnWa1 naluaUoo of a work ·er'? producthU;J lbal1 be made wtth1nt.be Dlwt mamb an.tbes* ID order' t.o dnenldne t.be waft·era omnmenaarat.e w..-e nt.e. The re? su.ltl of tbe nalualJGD aball be record· ed and t.be,,...aball be ad· JUl&ed Ml00l"dlDl'.l7 DD la&er LbaD I.he f'lnl complet.e PQ period foDowtns t.be tnltlal nuu?taor Silcb worUr' 11 m.U·,ed t.o com .,.._ for allworbd. Wbaft tbe ....paid.o &.be wwUr' dartDs s-.r &*1oda prtort.o t.be .lll&taal nahaauoa were ._ tb&D t.be com.........,. .... lndfceted bJ t.be naluat.loa.. the must,,...penwte tbe worter tor M7 llUChdWerence uni- It. can be damoDstr&t..-.ch bour17·ra&ed. worku wtt.b a d.11· abWt.1ucompared to that of nond.11·&bled worten enpred ln limllar work or work requ.lrtoc aim.Oar ak.Wa and the llDdlnll ahall be recorded.. The wol'Ur'? producth1tJ ah&ll then be.tewed and the (lndtnp recorded u le&lt eftl'7 e mont.bl tberatt.er. A renew and reoordJnl of pJ'OduetJnt.yab.all a180 be made an.er a wol'UrcbanleS Jobi and at ieut ttYer'7 emonlbat.bere&fter . Theworker's.....aball be adJ\llted accord1DaJ,J DOwer tb&D t.be flnt oomplfte pe.yperiod follawlnc eacb ""'"·Oonduct?l.QI renewa a&. a-month LD&enalaabouJd be ri9wed u a m.Lnimum re? QULrement. llDCe worbn with dilabU · Wea are entlUect t.o ,,.,,,,..... for all bowl WO RfttAft must be CODd?tded ID a manner and treQueDC1 &.o lmure PQment. Of COID· wwwwuno&.e ...... Por .......,pie, eftl· uaUom aboaldDOt be conducted before a worU:r bu bad ua oPPOC'tUDI· tJ t.o becom? tunmar with UM Job orat a time wbell t.be womr II f&Ul\Mdor IUb,tect t.o oaactltlcma t.b.al ..Wt lD...t.b&o normal produaUYit.y.<4> l:Kh nmew abould con&&ln. ua minimum and ID add!Uoo to the d.a.&.a cited aboff . lhe foJJowtnr. name or the tndtYiduaJ beins re'f1inred: dat.e &D.dtime of the rmew; and. name and po?attloa of t.be tndJYktual dol.QI t.berntew.f ULJS ......., el ..-,. ?'?'?.....Olll1iftcetia(a} .AppllcaUom ID&)' be rued tor re?newal of apeda1 m.loJmu.m wace oerutl ·car..<b> If an appUcaUon for nnewal hu been properl7 and Umely tued, an ea· 1at1Ds apedal m.1Dlmum wa,se cerWI·"°ca?e aba.11 raD&ln lD ef fec:1. tmW the appl!ce?kmfor renenJ hu been srmLed or denied.<c> won.en with diaabWU? m.1.1 notcommoebe paid ap?iaJ minimum..,.alt.er ootace t.ba1 an a,ppJJcaUoofor renewal bu been denied.<d> Except lD of wWfulnml or thoee In which t.be publJc tni.enlt tt? qulr9 O\hcnrWe, bdoN an appU.Uon for ,..,...,i la denied f&CY or coaductbicb ma1wanuit. such ac:Uon aball be oaUed a.o t.ne at.tent.Ion of the tm· ploJtr lD wrtUnl a.ad such emplo1er lball be afforded an opportwut.1 a.oor acbJeve compliancewith all lepJ reQU!rementa.I US.I' P ol llOUca.Every em.1>lo7er bavtn1worltcn whoI 11Lll ._.........????,....s..,.. OI' When app1oprt .at.e CID t..be cue of r.dat.be W'Ol'kers') t.be nferrtncasmc7 or. of wmten em· J)lored under ll*Ml m?nbnam waae cerUtJca&ea abal1 m??ntalD and bat'e aftllable for tDapec=t&Qn records LDdl· catanc:(&) VertfieaUOD oJ the Yorkers' dU?aNllUea:<b> l:Ytdenoe of t.be producUYit.J' of e.cbwlt.b a d'"bWU sat.bered OD a CODUDWnc bula or a&. pa1odlc In· t.enall <not t.o exceed atx moot.ha tn the cue of emplo)'em paid houri.)'wase ,....>:(C) The...... paid wort · en oot dWbled for tbe Job performed who are emploJ'ed ID IDdult:r7 ID the Yk:ID.H.J for 1? nt:aen1 &be w t.n>eof won uams lllm.ll&r llMthods andequ&pment. u that med b1 each worbrwtt.bAt?NUU.emplo unde1' a IP9d&I mllllmum w..-e oerUll·cat.e l..Ulo 1111..lO<b> uuUdl>:Cd) Tbe prodamloD kaDd&rdl udl\IPPGrUnl documeatataon for DODdf.I..&bled worten for euh Job betnl per. fonned b7 won.. with dilabWUel employed under IP9Cta.I oerWJmJ,.es:and5:> Tbe records requ1red under all ofappUcable prot1l1om of Part 618 of UUa UUe, except \bat &n7 proyiaton peru.lD1nl t.o bomew er handbookg abaD not be appUabk to ?orUn .Sth dlebfllt .IM Wbo ue employed bJ a rec· C'O"'Md noa,proftt rebabWt.&Uoo facW ·t.r and wortdDc ID or about a bome.apuUDent.. ienemeat.. or room ID a ,... k'mtaal est.abUabmeat. <See I 115.15) ReooC'da reQU1red bJ t.b1s .ectJon &ball be main&ained and preeert'ed for lbe pertoda spec:U1ed ln Part 511 of tb.La UUe...c..&t s oood by t.bc omoe or t Uld lludse\ UDde:r caa&rol llamW 111 OOlf>1m.11 .., ........C&) A IP8dal ID1DlmUm nee cerUf.l· cue mQ be r"'*ed for ...,. at Ul1 Ume.. A oerUf.lm&e ma.J be rnot.ed:<1> M ot the da&e of .... .,,. lf It lafoand t.ba&. mJaaepr n rntattcxw or f&l8elttlSIDen&I haft been made In obt&ln· tas the oerW'lc&te or In pe.rm!Wnc a worbr with a diabWtJ to be em·...,...Uwaeaaader.<I> M of t.be date of nolaUoa. lf It la foaDll &bat Ul1 o1 t.be pa ovtmooa of PIM ? of t.be &erma of t.be certWca&.e baW bem Wa'?led; or<J> As of tbe da&e of no\.loe of re'IO?tnlt.lated pW'IUl.Dt to thl.s leCtlon &tt separate from tru.e taken pursuan t. to FL8A sect.loo ltCe><5> and I 625 22.I W.2t ll" ?lotl &o .cMr lawa.No proTtaSon of tbe1e recul&UoN, oror &D1 speda1 m.lDlmum wace cert.lfl·eak laued t.bereundcr . &b&lJ UCUle nonoom,pUance WIUi &D1 olber Pedera1 or State Law or aumldpeJ ord1.oance est&bllab.lna hlcber ltand&rds.IUl.ll Loweri., o1..,. ra&a..<?> No employer m.&J' reduce the m1Dimum bourb'rate. IU&l'&D- 1.eed by a special mJnlmum ..e cerU.f . lcate lD effect on Junel, ltU, of a.ny worker With dlabWUea from June 1. 19U unW Ma)' U, lNI, Without. prior aut.bortaUan of tbe Sec:ret&ry,(b) Th.la pronGan appU. to t.boaeworkers .Sth dlaabWU. ?bo were:( l) DnploJed dw1oc the P&1 pa1odwbicb Included June .1..,,neo u noWOl'k wu performed dur1nl that PQperiod; and<2> Employed under a IJ'OUP or lDdJ. ftblAl liPed&1 m.lnilllum wace oa1.W· cate wbJcb 1p?ctned a mln1mLDD suar· U1teed rate. Le.. a specS&l oerUficate iml9d under former eecUoo 14<c> <1>or C2Xb> o Pl&\.(C) lD order to obta1D &Uthorif;J totJoo must be lilsned b7 the IDdiridual. or tbe pe.reut or suan4l&n of the Ind.I· nduat and mould caacam the oa.au! a.nd &ddnaa of t.be emplO)"ee &D.d tbe name and addl'ea of t.be emploJ'N'?1111,ploJV, A P8ttUan mu be meet tnpenoo OT bJ mall wlt.b &he Admln la? tn.tor of the Wace aDd. II.our DIYUton.. EmploJDMllt. BtaDdlrda Admtnwrn.uon. O.S.of 1.Abor, RoomSSI02. 200 Oomtatutioo Annue NW ..WaabJ.nct.on. DC 20210.The peUt.loner 111&7 be repr.ented b)' OOUDMl lD a.tlY Aace of Neb Plooee"'"P Opoa re-? celpt, the peUtkm ab&ll be fonrarded lmmec11?'?l1to the aaJet Adminiltra· Uft L&w Judie.Cb> Opon recetpt o!a peUtlon. theCbSe.t AdmlniatraUft L&w Jwiae tha1l.t.bin 10 ..,_ ot the reoetpt o the pe.UUaa bJ tbe 8eca41CW7, appo&nt IDAd ·ft LAW .Judl'e <ALJ) &o heal' oa1e. Upan noetpC. the Al.J ab&lJ 00W7 t.be eaaplo"'° DUDied ID the peU .UoG. The AJ.J lball allo DOW' the em· Plo19e. t.be emploJer, &he Admtn"'.ra· tor, and tbe A9>Cfat? 8ollcl&or for PUr L&bor 8f.&ndarcls of &.be Ume &D.dp1aoe o1 t.be be&rtDs. nae c1a1e of &bebe&riDa ab&lJ be not more Ulan JO da1a &tier t.be aWpmmt of the cue to t.be ALJ. All the paru. ab&lJ bedftll at aa ellbt da1s' nou. orIUCb beu'tns. a..UR o1 t.be time 000--. lf lt ii f ound that tbe oerWI·e t. DO klllcm' &WC"1 In order to.....-t eurtallmmt. of opporWDlta. for llllPloJmmt. or t.bat tbe require?......of tbme NCU1atlGm other tb&Dtbme referred t.o ln <aX2> &boft b&?eDot been oomplled wilb.'°"°<b> Except In cum of wUlfum- or tbme In Wblcb tbe pubUc lnur.t re? quires ot.benrt9e . befOft UlJ cerUfl· a&&e aball be reYOUd. l&cU or oonduc:t wbicb m&J' warruit such actloz> &ball be ..U.S t.o tbe attmtaoo ot t.be em·.,_ In writ.IDS and lucb emplo:rersMl1 be affordedopportuDltyor achlll'le compU!UWJwtul allrequirement..t l1Lll .......,,,AD7 penan ......'6?ed b7 &D.1 .cUonof tbe .A.dmJDistr&kJr taken punua.nt to um s-rt may. wtt.blD IO dUI orsuch llddlUomJ time u the Admtnla ·trator' ..,allow , file with the Admin ·tntor a peUUon for renew. 8UCh nftlW. lf snnted. ab&1l be made bJ the. Other lnt.erelted penooa. to tbe esient. lt .. deemed ap.. proprtate, m&J' be affol'ded an GPPor· tunltJ t.o Prelellt daL& and vtewa.lower' t.be wap rau of a worker wtt.b a dlehfJlt7 to whom &h1a ptOtildw ap. pis. to a rate below t.be cenm.c.e rue. &.be llDPloJer must 1ubm.U. IDfor·-=?maUoD .. under umUoo to tbe te Recioo&1Of(lce.The burden of est&blilhlns thet.J of lowertns the w-ae of aworkef' with a d11&bll.ltJ rests wtth theemployer.Cd> 1J'l revtewtnc a request to k>wer a wace rat.fl or a worker with a dllabWt.y, documeDied mcleDce or the foUowtnswill be comidered:<1> /t:D:J cbaDCe In tbe worbr'? d.la?&blln& condlUoo wb.lch bu a IUblt&n·c.laI1Y aeptlYe tmpact OD proclucUYe...,.cttr.<2> /t:D:J c:b.anse In the t.n>e ol wortt belDa performed ln tbe f&dllt.J which would affect the producUntJ of tbe worker With a dia.bWt.y or which would relUlt ln the appllc:atloo of a lower prevaillne w.ce rate:<S> Any chi.Die In p.neral economic oondttkml In the loclJltf lD ?bicb the work 11 performed which rwrulta lnaower pttnJJ.lnl wa.ce rates.<e> A wait n.a.e may not be lowereduoW aut.boria&.tlon 11 obta1ned.ltr&lnt.1 ?mpoeed bJ the .iatut.e.Qu.ta for pmtiit lbal1 beusrua.&,e.d.anJ.7 IPUtDSl7 IDd for compel·(O) 11-.rtua beld UDdu C.bJa subp&n. abaU be OODChded. comfrtent with ai&tuto17 Ume UmJlaUaaa, under lbeo.s-nmem ?a rWel of pnct.aoe andprocedure for beartnp found In 2t CPR Put 11.Theft aball be a m.tnamum of fonuJ.ltJ ID tbe pro."""'"? ......a.tcit wtt.b orderlJ pr'OOe?ch&re. ADJ emploJw' wtao ta&enda toparUalpa&e 1n the pro IW"tnr &ball peowlde IO the AJ.J , and .aaaJl een'e OD the petaUooer &Dd the ?llOOt?le SoUd· tor for Pair Labor at?nMrda DO laler lb&o 15 d&Ja prior to t.be """'rner>e:ie? mmt. of the heUtnl. OT u IOOD "' S1rae:Uml depeoftins cm when tbe ootiae of a beal'tnc u required underpuacnpb Cb> of um ..uoo wu r.?cetftld. t.bat docuJDen1vJ et1deoces>ert.a1nlnl to the emp1oJee or emplo1·..ldm&Uied In the pd;&Uon wbicb la OODtaiaed In the r6COl'dl l'eQUlred by I 526.ll (&), < b>, (C) and (d). The Ad ·m.lDilltra&.or aball be permitted to p&.r · Uctpet.e bJ coumelIn t.be Proc:eed1ns UPolll1ca.t.lon.t d> Ul detenD..ln1DC Wbrt.be:r &IU'IUS.It hi_. Mariap.Tbe Adm1n.lat.ra&or m&J conduct an oestLPUon. ?bich may lnclude a..mw. prior to t&ldna &IU' acUon.,unuant to t.heee recuJaUona . To theenmtIt &a deaned approprtat.e, theIW.U E?p&o,.'1npt to pe&lUoa.taJ AnY employee recel?1.Dc ? sped&! mJn,lmum wace at a rate apecilled pu.r· suaot to IUblecUon 14<c> ot Pl& orthe parent or cuard1&n of aucb an em·plo:ree may peUUoo the Seeret&r1 tod&l mJDJ.mwn w-.e ra&e la JuaUlied.the AL1 ab&U oomlder, to lbe enern eTldence II annab'e, t.be produCU.tt y ot UM aapio,.e or aap&o79e1 ldeDtJ · fled In the petWoo and the oond.IUonsunder ?b.lch luch producU'1t)' ....meuured. and the produc:1t y ofm&y provlde an OPPor· wmty to other lnt.ereated peraons to pnMnt data and views. Proceedlnlaobtain a review O( IUCh sped&J mini · mum wace rate. No pa.rtJcul&r form of petition Is requi red.except. t.h&t a peU .other employees perf ormtna work ofaamtl&lly t.he aune type and qua.ltt.y ................
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