Current through September, 2024
Section 17-402-18 - Workshop for the adult blind(a) The purpose of the workshop shall be: (1) Not for profit but for the purpose of carrying out a program of rehabilitation and for providing remunerative employment and other occupational rehabilitating activity of an educational or therapeutic nature.(2) To provide long-term employment opportunities for persons with limited abilities who are unable to compete in the regular labor market, and employment opportunities as an interim step for other persons who cannot be readily absorbed in the competitive labor market.(3) To provide means for prevocational exploration of those clients who need a period of evaluation and training in a regular work setting.(b) Workshop operations include the manufacture of products, subcontract work, warehousing and distribution of goods and services.(c) The workshop shall be determined to be a bona fide sheltered workshop by the wage and hour and public contracts divisions of the United States department of labor and shall provide for wages and benefits as follows: (1) Special minimum rates authorized by the United States department of labor for the clients and client-trainees of the workshop, work activities center program, client-trainees as well as home industry program.(2) No less than the prevailing minimum wage established by law for non-handicapped personnel employed as aides.(3) An hourly wage or a piece-rate as approved by the United States department of labor and allowed vacation and sick leave time for the workshop employees. They shall also be provided with a designated number of paid holidays and covered by worker's compensation and social security.(d) The following are the eligibility requirements: (1) The individual must be at least sixteen years of age.(2) The individual must be legally blind.(3) Other physically-handicapped persons may be considered if seventy-five per cent of the direct labor in production is being performed by legally-blind persons.(4) Non-handicapped personnel may be considered if personnel in paragraphs (2) and (3) above do not meet qualifications to serve as aides.(e) Sales activities of workshop goods and services shall be conducted in the following manner: (1) Prices of manufactured goods shall be established by the workshop manager and business enterprise manager utilizing sound practices prevailing in the business community.(2) Prices shall be based on labor costs prevailing in similar occupations in industry, costs of raw material and transportation and a small margin of profit to sustain operation of the workshop.(3) Prices of blind-made products sold to the federal government shall comply with schedule of blind-made products prepared by general services administration or with purchasing and contracting officers' prices on bid items.[Eff. NOV 5 1981] (Auth: HRS §§ 347-3, 347-4, 347-8, 348-2, 348-6; 29 U.S.C. §723; am 45 C.F.R. §1361.40) (Imp: HRS §§ 347-3, 347-4, 347-8, 348-2, 348-6; 29 U.S.C. §723; am 45 C.F.R. §1361.40 )