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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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COMMISSION FOR THE BLIND

 

DIVISION 20

EQUIPMENT POLICY

585-020-0005

Purpose

These rules establish the conditions under which equipment will be purchased and maintained for the use of clients of the Oregon Commission for the Blind.

Stat. Auth.: ORS 183 & 346
Stats. Implemented:
Hist: 2BC 1-1986, f. & ef. 4-11-86; CFTB 1-2009, f. & cert. ef. 4-13-09

585-020-0010

Definitions

The following definitions apply to these rules:

(1) "Client" means a person who has applied for and been accepted for services under the rules of the Oregon Commission for the Blind.

(2) "Equipment" means an item which is non-expendable, and could be assigned to another client and is determined necessary for the individual’s employment goal.

(3) “Case Manager” means the client’s assigned vocational rehabilitation counselor or rehabilitation instructor for the blind who is a staff member of the agency.

(4) "Agency" means the Oregon Commission for the Blind.

(5) “Training” means preparation needed to prepare, qualify, and reach an employment goal.

Stat. Auth.: ORS 183 & 346
Stats. Implemented:
Hist: 2BC 1-1986, f. & ef. 4-11-86; CFTB 1-2005, f. & cert. ef. 2-11-05; CFTB 3-2009, f. & cert. ef. 8-7-09

585-020-0015

Conditions Under Which Equipment May Be Provided

(1) Vocational Training:

(a) An agency staff member will perform an analysis prior to purchase of any equipment to help identify the most appropriate equipment needed to complete training to perform a job.

(b) Available equipment may be loaned or purchased for training.

(c) The case manager will assist the client to obtain appropriate training in the use of equipment.

(2) Employment:

(a) An agency staff member will perform a job analysis prior to purchase of any equipment to help identify the most appropriate equipment needed to perform the job. The employer's technical support staff or an outside consultant may be used to make technical recommendations.

(b) Available equipment may be loaned to an employer for demonstration purposes, or for use by a client, until permanent equipment is purchased or repaired.

(c) The case manager will assist the client to obtain appropriate training in the use of equipment prior to the client beginning a job or once the client is on the job.

Stat. Auth.: ORS 183 & 346
Stats. Implemented:
Hist: 2BC 1-1986, f. & ef. 4-11-86; CFTB 3-2009, f. & cert. ef. 8-7-09

585-020-0020

Financing Equipment

Case managers and clients will attempt to use all possible financial resources to pay for job-related equipment, such as:

(1) Employer purchases equipment.

(2) Client purchases equipment and lists it as a work related expense under the SSI or SSDI programs.

(3) Use Social Security Plan for Achieving Self Support to purchase equipment.

(4) Equipment that can be categorized as rehabilitation technology as defined by the Rehabilitation Act does not require the use of other resources. Although not required, other possible financial resources can be considered and utilized.

Stat. Auth.: ORS 183 & 346
Stats. Implemented:
Hist: 2BC 1-1986, f. & ef. 4-11-86; CFTB 1-2005, f. & cert. ef. 2-11-05; CFTB 1-2009, f. & cert. ef. 4-13-09; CFTB 3-2009, f. & cert. ef. 8-7-09

585-020-0025

Maintenance of Equipment

The agency may provide equipment and provide for its maintenance while the agency retains ownership of the equipment. After ownership of the equipment has been transferred to the client, the client will be expected to continue appropriate maintenance, unless the client demonstrates that the cost of repairs would be prohibitive and that the job would be jeopardized if equipment were not repaired. The case manager will explain these restrictions to the client and include them in the property receipt which the client signs:

(1) Service Agreements. If available, service or maintenance agreements can be considered when appropriate, depending on the job environment, and related factors. Case managers should try to buy equipment which has at least a one-year warranty.

(2) Used Equipment. Whenever available, equipment in the agency's inventory will be issued to clients.

Stat. Auth.: ORS 183 & 346
Stats. Implemented:
Hist: 2BC 1-1986, f. & ef. 4-11-86; CFTB 1-2009, f. & cert. ef. 4-13-09; CFTB 3-2009, f. & cert. ef. 8-7-09

585-020-0030

Property Receipts and Transfer of Ownership

(1) Clients are required to sign property receipts for non-expendable equipment provided to them with a cost of $5000 or more. Receipts verify that the client received the item and spells out the applicable conditions of this policy.

(2) When ownership of equipment and software are transferred to a client, clients are required to sign a transfer of ownership form. This verifies that equipment and software have been assigned to the client and spells out the applicable conditions of this policy.

Stat. Auth.: ORS 183 & 346
Stats. Implemented:
Hist: 2BC 1-1986, f. & ef. 4-11-86; CFTB 1-2009, f. & cert. ef. 4-13-09; CFTB 3-2009, f. & cert. ef. 8-7-09

585-020-0035

Upgrading Equipment

The client or employer will be responsible for any upgrade. The agency should be considered the last dollar resource.

Stat. Auth.: ORS 183 & 346
Stats. Implemented:
Hist: 2BC 1-1986, f. & ef. 4-11-86; CFTB 1-2005, f. & cert. ef. 2-11-05

585-020-0040

Maintaining Equipment

In cases where equipment is needed by a client or former client to maintain the job, the case manager will request that the employer provide the equipment as he or she would for any other employee. If the employer is unwilling to provide the total equipment necessary to perform the job, and the client is unable to fund it, the agency may provide the adaptive equipment necessary to maintain employment. This is, of course, subject to client eligibility and availability of agency funds for such purchases.

Stat. Auth.: ORS 183 & 346
Stats. Implemented:
Hist: 2BC 1-1986, f. & ef. 4-11-86; CFTB 1-2009, f. & cert. ef. 4-13-09; CFTB 3-2009, f. & cert. ef. 8-7-09

585-020-0045

Changing Jobs

If a client or former client changes from one job to another and needs additional equipment to perform the new job, the case manager will assess the situation. If the job is in the same field, and equipment used on the original job will suffice for the new job, the equipment may be transferred to the new job. If additional or different equipment is needed, the case manager must assess the reasons for the job change and the willingness of the new employer to provide equipment. Since the agency does not usually provide continuing services to persons already established in employment, agency involvement, other than technical assistance, may not be appropriate.

Stat. Auth.: ORS 183 & 346
Stats. Implemented:
Hist: 2BC 1-1986, f. & ef. 4-11-86; CFTB 1-2009, f. & cert. ef. 4-13-09; CFTB 3-2009, f. & cert. ef. 8-7-09

585-020-0050

Considerations for Purchase of Computers or Computer Equipment

(1) The agency will not buy the basic computer if it is a part of the job, which other employees at the same organization perform, unless it is impossible for the adaptive equipment to access already existing equipment. The employer is expected to provide the basic computer unit for an employee. The agency may provide adaptive equipment to make the computer accessible to the blind employee; i.e., hardware and software for large print, Braille, or voice output, if the employer is unable to provide this as a reasonable accommodation.

(2) Consultants with appropriate experience and expertise may be utilized to advise the client, agency, and employer in the best equipment for a particular application. Consultants would also be appropriately used to install a system and to train a client in the use of the equipment for a particular job.

(3) Computer equipment will not be purchased unless it is used as an essential function of the job. Computers will not be purchased for personal record keeping or to perform the minor functions of a job, where other, less expensive, equipment could accomplish the same task.

(4) Computers may be purchased for students provided that purchasing the equipment is not supplanting the responsibilities of the education system for transition students.

Stat. Auth.: ORS 183 & 346
Stats. Implemented: ORS 346.150
Hist: 2BC 1-1986, f. & ef. 4-11-86; CFTB 3-1999, f. & cert. ef. 7-8-99; CFTB 3-2009, f. & cert. ef. 8-7-09

585-020-0060

Transfer of Equipment to Clients

(1) For equipment valued at $5000 or more, the case manager has the discretion of transferring ownership at successful closure or up to one year of employment. This will be done after it is determined that the client is using the equipment for the purpose for which it was intended and that the job appears stable.

(2) The agency can transfer items valued under $5,000 to clients at its discretion. This may be done after determining that the client is using the equipment for the purpose for which it was intended.

(3) If the equipment is likely to be usable for other clients after the current client no longer requires it for employment, the case manager may determine that the agency will retain ownership. This determination will be made on an individual basis. Once ownership is transferred to the client, the agency will have no further obligation to repair or maintain the equipment.

(4) Title for computer software will be transferred to clients at the time that they receive it.

(5) Equipment Purchases by Agency: For equipment valued at $5000 or more, after approval by the case manager, the specific recommendations, including information on all adaptive equipment to be used with the system, will be submitted to the agency purchasing agent for identification of an appropriate vendor. The purchasing agent will identify an appropriate vendor in accordance with state purchasing regulations, using state purchasing agreements or, obtaining the necessary quotes or bids. After identifying the appropriate vendor, the purchasing agent will provide the case manager with the necessary information for doing the authorization.

Stat. Auth.: ORS 183 & 346
Stats. Implemented:
Hist: 2BC 1-1986, f. & ef. 4-11-86; CFTB 1-2005, f. & cert. ef. 2-11-05; CFTB 1-2009, f. & cert. ef. 4-13-09; CFTB 3-2009, f. & cert. ef. 8-7-09

585-020-0065

Availability of Rule

A copy of this rule will be made available to clients and employers upon request.

Stat. Auth.: ORS 183 & ORS 346
Stats. Implemented:
Hist.: 2BC 1-1986, f. & ef. 4-11-86

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