Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-1 - Employment of the Worker with Disability › Section 4101:9-1-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) "Department"
			 means the department of Commerce.
(B)
			 "Employee or worker with a disability" means an
			 individual whose earning capacity is impaired by physical or mental impairment
			 or injuries for the work he or she is to perform.
(C) "Work activities center" means a workshop, or a
			 physically separated department of a workshop, conducted not for profit, having
			 an identifiable program, separate supervision and records, planned and designed
			 exclusively to provide therapeutic activities for worker with
			 a disability whose physical or mental impairment is so severe as to make
			 their productive capacity inconsequential. Therapeutic activities shall include
			 custodial activities where the focus is on teaching the basic skills of living
			 and any purposeful activity so long as work or production is not the main
			 purpose. No work activities center or separate department thereof shall qualify
			 as a work activities center if the average productivity is more than fifty per
			 cent of the minimum wage per year as measured by dividing the total annual
			 earned income of the work program, less the cost of purchased materials used,
			 by the average number of clients in the work program. (The average number of
			 clients shall be determined by taking the average of the total number of
			 clients in the work program on the last day of each quarter in the previous
			 fiscal year, provided such average is representative of the average number of
			 clients employed during the entire year.) No individual worker whose
			 productivity substantially exceeds this average shall be employed at less than
			 the statutory minimum wage under a work activities center certificate.
			 A worker with a disability whose
			 productivity substantially exceeds the average may be certified under rules for
			 individual rates in rare and unusual cases where necessary to avoid extreme
			 hardship, if the individual is unable to earn the statutory minimum because of
			 his disability, and if his production and earnings are included in the
			 average. Information to be considered will
			 include the severity of the worker with a disability
			 employed and other pertinent factors.
(D) "Sheltered
			 workshop" means a public or private organization or institution conducted not
			 for profit, but for the purpose of carrying out a recognized program of
			 rehabilitation for workers with a disability or other occupational
			 rehabilitation activity of an educational or therapeutic nature and/or
			 providing such workers with remunerative employment at less than minimum wage
			 but more than fifty per cent of the minimum wage per year as measured by
			 dividing the total annual earned income of the work program, less the cost of
			 purchased materials used, by the average number of clients in the work program.
(1) The average number of clients shall be
			 determined by the average of the total number of clients in the work program on
			 the last day of each quarter in the previous fiscal year, provided such average
			 is representative of the average number of clients employed during the entire
			 year.
(2) A
			 worker with a disability whose productivity
			 substantially falls below the average may be certified under rules for
			 individual rates in rare and unusual cases where necessary to avoid extreme
			 hardship, and if his production and earnings are included in the average.
Information to be considered will include the severity of the
				worker with a disability employed and other pertinent
				factors.