TITLE 19

Labor

General Provisions

CHAPTER 10. SHELTERED EMPLOYMENT


The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) "Accredited" means a program which has been surveyed and approved by the Commission on Accreditation of Rehabilitation Facilities for not less than a 1-year period.

(2) "Department" means the Department of Labor or its authorized representatives.

(3) "Extended employee" means a severely disabled person who:

a. Shall have completed an accredited program of evaluation and work adjustment training, including a prescribed work services program.

b. Shall have been found, due to the nature and severity of a disability, to be incapable of competing in the open or customary labor market.

(4) "Sheltered workshop" means an accredited occupationally-oriented facility, including a work activities center, operated by a private nonprofit agency, which, except for its administrative and support staff, employs disabled persons certified under special provisions of federal minimum wage laws by the Wage and Hour Division, United States Department of Labor.

65 Del. Laws, c. 74, § 1.;

(a) The sheltered workshop shall certify the eligibility of individuals for participation in an extended employment program under this chapter immediately upon cessation of third-party sponsorship.

(b) Client progress will be monitored by the Department through the Division of Vocational Rehabilitation on an annual basis under guidelines established by the Department that can simultaneously meet the standards of CARF, United States Department of Labor's Wage and Hour Certificates for Sheltered and Work Activity Employees, United States Department of Education, Rehabilitation Act of 1973 [29 U.S.C. § 701 et seq.] and subsequent amendments, as well as the intent of this bill.

65 Del. Laws, c. 74, § 1.;

(a) The Department shall have the authority to enter into a contract with sheltered workshops for the purpose of providing an extended employment program.

(b) The Department shall approve a method for determining the maximum allotment for each eligible sheltered workshop.

65 Del. Laws, c. 74, § 1.;

The Department is authorized to apply for whatever federal grants may become available from time to time in order to carry out the purposes of this chapter.

65 Del. Laws, c. 74, § 1.;

The Department shall have the power to make and revise and rescind such regulations as it may deem necessary or appropriate to administer and implement this chapter. Such regulations shall, except as may be otherwise provided by the Department, take effect upon publication.

65 Del. Laws, c. 74, § 1.;