Wis. Admin. Code Department of Health Services DHS 61.40 - Sheltered employment and work activity services

Sheltered employment services are non-competitive remunerative employment for an indefinite period of time for individuals who are presently unemployable in the competitive labor market. Work activity services are worklike therapeutic activities for individuals with disabilities whose physical or mental impairment is so severe as to make their productive capacity inconsequential (never more than 25% of the normal production capacity). Sheltered employment programs shall include sheltered employment services or work activity services and may include the additional developmental disabilities services of counseling, education, recreation, training, personal care and transportation. A sheltered employment program shall comply with all of the following:

(1) PERSONNEL.

(a) There shall be a director who shall possess skills and knowledges that typically would be acquired through a course of study leading to a bachelor's degree in a human services field, with a minimum of 2 years supervisory or administrative experience in an agency which is programmed for the developmentally disabled or an appropriate industrial background with 2 years of relevant experience.

(b) There shall be a program director who shall possess the skills and knowledges that typically would be acquired through a course of study leading to a master's degree in psychology, rehabilitation or a closely related field with at least one year of experience in programming for the developmentally disabled. An additional 2 years of experience may provide those skills and knowledge typically acquired through study for a master's degree.

(c) There shall be a supervisor or supervisors who shall possess skills and knowledges that typically would be acquired through:

1. A course of study that would lead to a bachelor's degree in one of the human services, or

2. A minimum of 2 years of academic, technical or vocational training consistent with the type of work to be supervised or

3. A minimum of 2 years of experience in a work situation related to the type of work supervised.

(d) There may be a contract procurement specialist who shall have the skills and knowledges that typically would be acquired through a course of study leading to a bachelor's degree in an industrial, business, or related field. Two years of bidding, pricing, time study, marketing, advertising or sales experience may be substituted for a course of study.

(e) There may be a production manager who shall have the skills and knowledges that typically would be acquired through a course of study leading to a bachelor's degree in an engineering, business or industrial field. Business or industrial experience in a supervisory capacity can substitute for course study on a year for year basis.

(f) There shall be a vocational counselor who shall possess or be eligible for the provisional school counselor certificate and have the skills and knowledge typically acquired during a course of study leading to a master's degree in counseling and guidance.

(g) Additional staff or consultants shall be available, as needed, who are knowledgeable and skilled in adapting or modifying equipment and environments, and the application of special equipment for persons with physical disabilities.

(h) Agencies offering sheltered employment or work activities shall maintain the following staff ratios when the program is operating:

1. There shall be a minimum of 2 supervisory personnel for the first 15 sheltered or work activity employees.

2. There shall be one additional direct service personnel for each additional 15 sheltered or work activity employees or fraction thereof.

(i) Agencies offering sheltered employment or work activities shall make services available a minimum of 20 hours per week.

(2) PROGRAM.

(a) Sheltered employment and work activity shall include remunerative work including supervision and instruction in work tasks and observance of safety principles in a realistic work atmosphere. A realistic work atmosphere is most effectively provided within a community job site setting, whenever possible.

1. Work orientation shall be provided to encourage good work habits. It shall include proper care of equipment and materials, correct handling of tools and machines, good attendance, punctuality, and safe work practices. It shall afford disciplined interpersonal work tolerance and work pace consistent with the client's potential.

2. The layout of work positions and the assignment of operations shall ensure the efficient flow of work and appropriate relationship of each operation to all other operations in its sequence with respect to the time required for its completion. The organization of work shall embody an awareness of safe practices and of the importance of time and motion economy in relation to the needs of individuals being served.

3. Information concerning health and special work considerations which should be taken into account in the assignment of clients shall be clearly communicated in writing to supervisory personnel.

4. Vocational counseling shall be available.

(b) The agency offering sheltered employment or work activity, shall maintain provisions either within its parent organization or through cooperative agreements with the division of vocational rehabilitation or other job placing agencies, for the placement in regular industry of any of its clients who may qualify for such placement. Clients shall be informed of the availability of such services for placement in competitive industry.

(c) The agency offering sheltered work or work activity shall maintain payroll sub-minimum wage certificates and other records for each client employed in compliance with the Fair Labor Standards Act.

(d) The agency offering sheltered employment or work activity shall provide the client with effective grievance procedures.

(e) The agency offering sheltered employment or work activity shall provide the clients with paid vacation, holidays and a minimum of 5 sick days per year.

(f) Sheltered employment or work activity shall be provided as recommended in the service plan.

(g) Appointed staff supervising the sheltered employment or work activity shall send a written report to the case manager at least every 6 months. The report shall contain a statement on progress toward the objectives of the service plan and the recommendations for changes.

(h) Commission on accreditation of rehabilitation facilities (CARF) accreditation for sheltered employment or work activities may substitute for all except pars. (f) and (g).

Notes

Wis. Admin. Code Department of Health Services DHS 61.40

Cr. Register, January, 1980, No. 289, eff. 2-1-80. Amended by, CR 20-068: am. (intro.) Register November 2021 No. 792, eff. 1/1/2022