Date post: | 25-Dec-2015 |
Category: |
Documents |
Upload: | alice-lester |
View: | 214 times |
Download: | 1 times |
NISH Regulatory Reviews Same focus on Compliance
Changes Include:Random payroll selection of filesIncreased number of files reviewedMore scrutiny of disability documentationLarge agencies can expect significantly more time on site.Corrective Actions required and monitoredFollow-up visits may be warranted
Random File SelectionCRP will provide NISH Regulatory Staff with a list including all employees counted as Disabled Direct Labor.Names will be picked randomly to determine which files will be reviewed.10% of JWOD files and Agency files will be reviewed or 20 JWOD files and 20 Agency files which ever is greater.
File ReviewNISH reviewer will pick the files so that each contract has representation and will also include files from all agency locations in cases where a CRP has more than one location.
Direct Labor DefinitionJWOD Regulations (41CFR51-
1.3)Direct labor means all work required for preparation, processing, and packing of a commodity or work directly related to the performance of a service, but not supervision, administration, inspection or shipping.
Severe Disability DefinitionJWOD Regulations (41CFR51-
1.3)A person other than a blind person who has a severe physical or mental impairment (a residual, limiting condition resulting from an injury, disease, or congenital defect) which so limits the person's functional capabilities (mobility, communication, self-care, self-direction, work tolerance or work skills) that the individual is unable to engage in normal competitive employment over an extended period of time.
Regulatory Requirements 41CFR 51-4.3c
(1) A written report signed by a licensed physician, psychiatrist, or qualified psychologist, reflecting the nature and extent of the disability or disabilities that cause such person to qualify as a person with a severe disability, or a certification of the disability or disabilities by a State or local governmental entity.
Regulatory Requirements 41CFR 51-4.3c
(2) Reports which state whether that individual is capable of engaging in normal competitive employment. These reports shall be signed by a person or persons qualified by training and experience to evaluate the work potential, interests, aptitudes, and abilities of persons with disabilities and shall normally consist of preadmission evaluations and reevaluations prepared at least annually.
Regulatory Requirements 41CFR 51-4.3c
The file on individuals who have been in the nonprofit agency for less than two years shall contain the preadmission report and, where appropriate, the next annual reevaluation. The file on individuals who have been in the nonprofit agency for two or more years shall contain, as a minimum, the reports of the two most recent annual reevaluations.
Competitive EmploymentThe Committee has traditionally defined it as:
The ability of an individual to find, obtain and maintain a job with a commercial company with no supports from a nonprofit agency.
Competitive EmploymentCapability for normal competitive employment shall be determined from information developed by an ongoing evaluation program conducted by or for the nonprofit agency and shall include as a minimum, a preadmission evaluation and a reevaluation at least annually of each individual's capability for normal competitive employment.
Competitive EmploymentA person with a severe mental or physical impairment who is able to engage in normal competitive employment because the impairment has been overcome or the condition has been substantially corrected is not "other severely handicapped" within the meaning of the definition.
Increased Focus on Competitive Employment
EvaluationsThe Competitive Employment Statement alone is not enough.Information that supports the barrier(s) created by the individuals disability that has made competitive employment unattainable as well as what supports the agency provides that would not be provided in normal competitive employment needs to be documented in files.
Conducting Assessments for Competitive Employment
Questions to ask:Is the individual severely disabled?Is the individual Competitively employable?Does the documentation support the evaluation?Is the reason for considering the individual explained?
Documentation – Critical!CRP staff can usually verbally list off all of the individuals limitations but they are not always documented in the file.
Disability Related Limitations
The documentation should support any functional limitations in:
Self-careWork SkillsWork ToleranceCommunicationMobility
Must be a result of the Documented Disability
Disability Related Supports
To justify determinations of non-competitive employability the individual will have to receive supports that are not normally provided by employers.Document the supports provided to the individual by the CRP.
Annual EvaluationsThings to consider:
Has there been any change in the individual’s disability?Do the functional limitations still exist?What supports or accommodations are still required?
Committee PowerPoint Presentation
Presented at the 2006 NISH Training Conference
Available on NISH.org NPA Regulatory Assistance Page
Compliance Memorandum 4
Overall rations below 75% after second quarter will receive a warning letter outlining the process that will be initiated should the CRP finish the year below 75%.Phase-In RequirementsReport ration to two decimal places – ratios above 74.51 will be counted as 75%.
Failure to meet Agency Direct Labor Ratio
Requirements1. Certified letter placing
agency on probation2. Suspend any proposed
additions for the CRP 3. Require reporting
quarterly to Committee
4. Failure to submit reports will result in withdrawal of Authorization
5. On-site Compliance visits will be made if determined appropriate
6. Extreme situations my warrant withdrawal
7. Disqualification will cease future orders.
Failure to meet Agency Ratio Requirements during second
year1. CRP will present specific circumstances2. Committee Vote3. If allowed to remain producing- reports
required quarterly directly to the Committee
4. On-site Compliance Reviews as soon as practical
5. Disqualification removes JWOD contracts and future orders
Memorandum No. 5Covers JWOD Program Direct Labor Ratio RequirementsCumulative JWOD Ratio > 75%Individual Contracts > 60% as long as cumulative is > 75%Enforcement effective FY07
Considerations If a CRP’s Cumulative JWOD Ratio is Below 75% the Committee will take into consideration the following:
Approved Phase-In in effectProjects with fewer than 5 workersNational Emergencies/Wartime SurgeProjects previously approved at lower ratiosEffect of promotion or competitive placement of severely disabled employees
Most Common Mistakes when filing for DOL 14c Certificates
Failure to Complete all parts of the applicationFailure to submit required attachmentsFailure to renew in a timely manner
Prevailing Wage SurveysMost Common Mistakes
Failure to use “comparable work” sourcesUse of only one sourceUse of entry level ratesUsing Minimum Wage
Prevailing Wage SurveysMost Common Mistakes
Failure to conduct annually or when minimum wage changesMath and rounding errorsDeskillingFail to implement in a timely manner(1st pay period)
Setting Standards and Performance
Measurement Most Common MistakesUsing individuals who are disabled for the work to set standardsSetting standards based on significantly short cycle timings- should be 20-25 minutes or use multiple timings and average
Setting Standards and Performance Measurement
Most Common MistakesFailure to define the work and the quality expectationsFailure to re-examine the standards periodically for changes in work methodFailure to perform Hourly evaluations at least every 6 MonthsUsing weights other than 90/10
Setting Standards and Performance Measurement
Most Common MistakesCombined use of 90/10 and rework with reduction of quality measurementMath and rounding errorsAveraging productivity over an extended period of timeDeskillingUsing behavioral factors to adjust wages
Calculation of Piece RatesMost Common Mistakes
Failure to incorporate PF&DUse of incorrect PF&D (must use a allowance factor of at least 1.675 some use 1.20) Using improper prevailing wage rate to calculate piece rate
Service ContractsMost Common Mistakes
Use of wrong Wage Determination Rate- issued to Contractor by Contracting Officer.Failure to pay full Health & Welfare
Determining Commensurate Wages for Hourly Employees
How to set Standards and Perform Productivity Ratings
The ProcessDefine the WorkerDetermine Wage for JobDefine the WorkMeasure the WorkMeasure the WorkerAdjust Payroll
Fair Labor Standards ActFLSA
Regulation –Title 29, Part 525 CFR
This regulation covers the employment of Workers with Disabilities under Special Certificate
Enforced by Department of Labor
Prevailing WagesSection 525.10 (a-g)
Determining prevailing wage rate is the first step toward establishing the correct commensurate
wage
DefinitionExperienced Worker:
A worker who has learned the basic elements or requirements of the
work to be performed. Typically, a worker will have received at least one pay raise after completion of
the probationary or training period.
Prevailing WagesSurvey must be completed annuallyMINIMUM of 3 firmsSimilar methods and equipmentCannot be less than minimum wage
DocumentDate of contactNameAddressPhone numberIndividuals nameWage information provided Job Description
Definition
A comparable firm is one that is similar in size in terms of employees or competes for or bids on contracts of a similar size or nature.
Prevailing Wage-continued
If data for the specific job to be performed cannot be found, it is acceptable to use the wage paid to experienced workers employed in similar jobs that require the same general skill levels.
Prevailing Wage
Employer may contact other sources such as the Bureau of Labor Statistics, private or State employment services where surveys are not practical.
The prevailing wage rate may never be LESS the applicable State or Federal Minimum Wage and will usually be higher.
Prevailing Wage
“De-skilling” of prevailing wage rates (arbitrary downward adjustments made in prevailing wage rates to account for differences in duties, methods, equipment and responsibilities between the work of the worker with disabilities and the work done by employees who do not have disabilities in competitive industry) is not permitted by the Wage & Hour Division.
Must be able to prove Wage is for an
experienced worker
Get starting wage
Clearly state in writing when requesting the definition of an experienced worker
Disabled for the Work
FLSA Requires documentation to support that productivity impairment is caused by a disability.
Not all disabilities affect all types of work
Supporting Documentation
Disability Documentation from a medical professionalIndividual Performance EvaluationsCase NotesWork observationsIncident Reports
Record KeepingPosted Special Minimum Wage Certificate and DOL PosterDisability DocumentationAnnual Prevailing Wage Surveys or Wage Determination Rates (WDR)Production Standards
Job DescriptionDefine specific job duties, responsibilities and tasks in generalList skills, education or experience neededIndicate days, time and environmental conditions for the jobIndicate to whom the worker will report (position not a persons name)
Department of Labor Dictionary of Occupational
Titles is a great tool to assist in writing Job
Descriptions
http://www.oalj.dol.gov/libdot.htm#definitions
Task AnalysisBreak job into manageable components, tasks and subtasksProvide accurate method and procedures to accomplish the taskSpecify the quantity/Quality standard measurementsInclude types of equipment and supplies
Task AnalysisSpecify area, location, floor, building etc.Determine a definite start and stop point for taskEnsure the method is the most effectiveValidate that the task analysis is an accurate description of the work as it is performed
Measure the WorkSetting the Standard
Perform task according to task analysis- methods must matchStart and Stop the timing at the points indicated in the Task AnalysisQuality must be 100%- add rework time if neededDocument measurement method used to set the standard
Measure the WorkSetting the Standard
When do you Reestablish the Standard?Suggested to revisit standard at least once a year as long a standard is valid it doesn’t need to be modifiedWhen equipment changesWhen method changesWhen work site changes
Selecting the OperatorQualified to do the job
Experienced in the work
Working in a typical environment
Working at an easily maintained pace
Measure the WorkSetting the Standard
It is not an FLSA requirement that three measurements are made but it is advisable to ensure that the Standard is ReproducibleOne measurement or using individuals not familiar enough with the work to be performed is always is risky
Measure the WorkerProductivity Time Studies
Initial evaluation-within the first month
Review at least every 6 months
Adjustments to wages made no later than first complete pay period following review
Measure the WorkerProductivity Time Studies
Behavioral factors not permitted in setting hourly pay
Personal time, fatigue, and unavoidable delay (PFD) allowance not required when setting hourly standard
DOL ResourcesVisit the WHD homepage at: www.dol.gov/dol/esa/public/whd
Field Operators Handbookhttp://www.dol.gov/esa/whd/FOH/index.htm
helpline at 1-866--487-9243
Use the DOL interactive advisor system - www.dol.gov/elaws
TEAM LEADERSNortheast Region: CT, DE, DC, ME, MD, MA, NH, NJ, NY, PA, PR, RI, VA, VI, VT, WV
Maggie MacDonald 617-624-6720
Southeast Region : AL, FL. GA, MS, NC, SC, KY, TNTerri Melnyk 336-547-4232
Southwest Region: AR, CO, LA, MT, NM, ND, OK, SD, TX, UT, WY
Judith Edmondson 713-339-5555 x222
Midwest Region: IA, IL, IN, KS, MI, MN, MO, NE, OH, WIJim Cain 312-596-7196
Western Region: AK, AZ, CA, GU, HI, ID, NV, OR, WA Carolyn Carthen 916-978-4391
CERTIFICATION TEAM STATE ASSIGNMENTS
Gail Arnold (312) 596-7198: CA (business establishments and schools only), C0, DE, DC, FL, GU, IL, IN, IA, KS, ME, NJ, ND, OK, PA, PR, RI, TN, VI, and VA.
Nicole Howard (312) 596-7200: AL, AR, CA (community rehabilitation centers and hospital/residential care facilities only), HI, ID, LA, MD, MI, MO, NE, NV, NH, NC, SC, UT, WA, WV, WI, and WY.
Nancy Madison (312) 596-7202: AK, AZ, CN, GA, KY, MA, MN, MS, MT, NM, NY, OH, OR, SD, TX, and VT.