| Javits Wagner
O'Day Act COMMITTEE FOR PURCHASE FROM PEOPLE Sec. 51 4.3 Maintaining qualification. (a) To maintain its qualification under the
JWOD Act, each nonprofit agency authorized to furnish a commodity or a
service shall continue to comply with the requirements of a “nonprofit
agency for other severely handicapped” or a “nonprofit agency for the
blind” as defined in Sec. 51 1.3 of this chapter. In addition, each such
nonprofit agency must submit to its central nonprofit agency by November
15 of each year, two completed copies of the appropriate Annual Certification
covering the fiscal year ending the preceding September 30. (b) In addition to paragraph (a) of this
section, each nonprofit agency participating in the JWOD Program shall: (1) Furnish commodities or services in strict
accordance with Government orders. (2) Comply with the applicable compensation,
employment, and occupational health and safety standards prescribed by
the Secretary of Labor, including procedures to encourage filling of vacancies
within the nonprofit agency by promotion of qualified employees who are
blind or have other severe disabilities. (3) Comply with directives or requests issued
by the Committee in furtherance of the objectives of the JWOD Act or its
implementing regulations. (4) Make its records available for inspection
at any reasonable time to representatives of the Committee or the central
nonprofit agency representing the nonprofit agency. (5) Maintain records of direct labor hours
performed in the nonprofit agency by each worker. (6) Maintain a file for each blind individual
performing direct labor which contains a written report reflecting visual
acuity and field of vision of each eye, with best correction, signed by
a person licensed to make such an evaluation, or a certification of blindness
by a State or local governmental entity. (7) Maintain in the file for each blind individual
performing direct labor annual reviews of ability to engage in normal
competitive employment. These reviews must be signed by an individual
qualified by training and/or experience to make this determination. (8) Maintain an ongoing placement program
operated by or for the nonprofit agency to include liaison with appropriate
community services such as the State employment service, employer groups
and others. Those individuals determined capable and desirous of normal
competitive employment shall be assisted in obtaining such employment. (9) Upon receipt of payment by the Government
for commodities or services furnished under the JWOD Program, pay to the
central nonprofit agency a fee which meets the requirements of Sec. 51
3.5 of this chapter. (c) Each nonprofit agency employing persons
with severe disabilities participating in the JWOD Program shall, in addition
to the requirements of paragraphs (a) and (b) of this section, maintain
in each individual with a severe disability's file: (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. (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. 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. (d) The information collection requirements
of Sec. 51 4.2 and Sec. 51 4.3 and the recordkeeping requirements of Sec.
51 4.3 have been approved by the Office of Management and Budget (OMB)
under the provisions of the Paperwork Reduction Act of 1980 (Public Law
96 511). The information collection requirements have been assigned the
following OMB control numbers: Committee
form 402....................................... 3037 0003 Committee
form 403....................................... 3037 0001 Committee
form 404....................................... 3037 0002 The
recordkeeping requirements have been assigned OMB control number 3037
0005. [56
FR 48980, Sept. 26, l991; 56 FR 64002, Dec. 6, 1991, as amended at 59
FR 59343, Nov. 16, 1994; 62 FR 32237, June 13, 1997; 62 FR 66529, Dec.
19, 1997]
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