Or. Admin. Code § 125-055-0005

Current through Register Vol. 63, No. 10, October 1, 2024

Section 125-055-0005 - Definitions

As used in OAR 125-055-0005 to 125-055-0045:

(1) "Agency" means a public agency, as defined in ORS 279.835(5).

(2) "Community Rehabilitation Program" (CRP) means a nonprofit organization for Individuals with Disabilities providing or facilitating one or more of the following services to Individuals with Disabilities, enabling them to maximize their opportunities for employment:

(a) Medical, psychiatric, psychological, social, and vocational services;

(b) Physical, occupational and recreational therapy;

(c) Speech, language, and hearing therapy;

(d) Assessment for determining eligibility and vocational rehabilitation needs;

(e) Job development, placement, and retention services;

(f) Psychosocial rehabilitation services;

(g) Supported employment services;

(h) Services to family members, if necessary, to enable the applicant or eligible individual to achieve an employment outcome; and

(i) Personal assistance services.

(3) "Competitive Employment" means work performed by an individual in the competitive labor market on a full-time basis with no more than reasonable accommodation (as required by the Americans with Disabilities Act, 42 USC §§ 12101 to 12213) for which the individual is compensated within the range of customary wages and levels of benefits paid in the community for the same or similar work performed by individuals who are not disabled.

(4) "Contract" means any written obligation between an OFC and an Agency established through the Oregon Forward Program, excluding any Purchase Orders and Work Orders employing workers who will not be displaced by Purchase Order or Work Order completion, expiration, or termination. "Contract" also excludes a Purchase Order or Work Order for which an immediate replacement is not contemplated or required by the Agency. "Contract" includes:

(a) Price Agreements, which are established between an OFC and the Department to enable Agencies to purchase Oregon Forward products and services using Department approved ordering instruments.

(b) When an Oregon Forward service engagement has not been ordered under a Price Agreement between an OFC and the Department, any OFC engagement specific to an Agency established for prescribed services, between that Agency and an OFC through the Oregon Forward program.

(5) "Department" means the Oregon Department of Administrative Services.

(6) "Individual with a Disability," or "Individuals with Disabilities" as defined in ORS 279.835(4), means a person or people who experience a residual, limiting condition resulting from an injury, disease or congenital defect, which affects the person's functional capabilities (including but not limited to mobility, communication, self-care, self-direction, work tolerance, or work skills) such that the person relies on specialized employment services to find and keep employment.

(7) "Oregon Forward Contractor (OFC)" means an organization operating as a CRP:

(a) That is organized under the laws of the United States or of this state to provide training or employment in this state for Individuals with Disabilities, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;

(b) That complies with any applicable occupational health and safety standard required by the laws of the United States or of this state; and

(c) That employs Individuals with Disabilities in the manufacture of products or in the provision of services for external customers, whether or not the products or services are procured under ORS 279.835 to 279.855, for not less than:

(A) 65 percent of the work hours of the OFC's direct labor during a fiscal year that begins on or after July 1, 2019, and before June 30, 2021.

(B) 60 percent of the work hours of the OFC's direct labor or the direct labor ratio required by the federal program established by the Javits-Wagner O'Day Act or any successor federal program, whichever is lower, during a fiscal year that begins on or after July 1, 2021. If the federal ratio established under 41 USC § 8501 is amended to state a direct labor percentage that is lower than the percentage prescribed by ORS 279.835(6)(c)(C), the Department will initiate rulemaking to consider the application of ORS 279.835(6)(c)(C) to the Oregon Forward Program.

(8) "Price" means the cost to Agencies of the products and services procured through the Oregon Forward Program, as determined under OAR 125-055-0030.

(9) "Procurement List" means a listing of those OFCs currently qualified under OAR 125-055-0015 to participate in the Oregon Forward Program and includes, as required by ORS 279.850(1), a list of the products and services offered by OFCs and determined by the Department, under OAR 125-055-0020, to be suitable for purchase by Agencies.

(10) "Oregon Forward Program" means the program created by ORS 279.835 to 279.855.

Or. Admin. Code § 125-055-0005

DAS 4-2003, f. & cert. ef. 9-8-03; DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05; DAS 8-2005, f. & cert. ef. 6-21-05; DAS 3-2010, f. & cert. ef. 10-8-10; DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019; DAS 2-2019, temporary amend filed 09/26/2019, effective 09/29/2019 through 03/26/2020; DAS 2-2020, amend filed 03/12/2020, effective 3/12/2020; DAS 3-2020, temporary amend filed 09/22/2020, effective 9/22/2020 through 3/20/2021; DAS 6-2020, amend filed 11/30/2020, effective 12/1/2020

Statutory/Other Authority: ORS 279.845(1) & 184.340

Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855