It is important for you and your staff to be thoroughly familiar with the policy and procedures of your agency or business. Policy and procedures determine program, safety and legal guidelines and are critical for quality service provision. Most agencies have a policy and procedure handbook that is given to each employee as part of their orientation process.
Make sure you understand agency policy and procedures and have a method to insure your staff also has access to and an understanding of them. Do not assume that one training session or discussion means mastery of the information or the ability to use the information. Most knowledge requires repeated training before learning occurs.
You may also wish to take a proactive role to insure appropriate policy development in several areas that have important implications for serving persons with disabilities. There are many resources available to assist you.
The following areas may not have been addressed or may need to be reviewed when a program or business has a community based vocational program:
A Human Rights Committee or Commission is essential for ethics review and as a method of investigating and resolving grievances, complaints and problems. This committee is required if you are serving individuals with funding from the Department of Human Services Developmental Disability Services Division.
Every agency needs to keep updating policy and procedures on sexual harassment and confidentiality, especially since the issues in both of these areas are experiencing a great deal of litigation. Not being current on new legal rulings could create agency liability.
It is surprising, but true, that many agencies and businesses have not developed policy and procedures on universal precautions and/or HIV/AIDS. It is critical that these areas be covered. Precautions and procedures have been developed by the Centers for Disease Control and Prevention and have been incorporated into OSHA guidelines. This information and these guidelines can be used as the basis for policy and procedures.
Use of a Business Advisory Council can provide a broad base of community expertise in areas of public relations, marketing, advocacy and organizational management and planning. Some agencies and businesses form a Business Advisory Council as an task force or work group created as a part of an existing advisory group or Board.
A. The Human Rights Commission
The Enforcement and Compliance Division of the Oklahoma Human Rights Commission receives, processes, and investigates complaints of discrimination in the areas of employment, housing, and public accommodation.
In accordance with the Title 25, Oklahoma Statutes 1991, Section 1101 et seq., the Enforcement and Compliance Division processes employment discrimination complaints on the classification basis of race, color, religion, sex, national origin, age, or handicap. Employment discrimination complaints concerning age and handicap are additional duties for the Enforcement and Compliance Division with handicap complaints being processed since October, 1981. The objective of the Oklahoma Human Rights Commission in the area of employment discrimination is to ensure equal opportunity for all persons by prohibiting discrimination that would deprive, limit, or otherwise adversely affect an individual’s status as an applicant or employee.
Complaints in either area of employment, housing, or public accommodation may be filed in person or by mail at the Commission offices in either Oklahoma City or Tulsa, or with a member of the Commission offices in either Oklahoma City or Tulsa, or with a member of the Commission. In employment and public accommodation complaints, the official date of filing, which must occur within 180 days after the alleged discriminatory practice occurs, is the date of personal delivery to either office or to authorized persons, or the postmarked mailing date. If all jurisdictional requirements are met, the official complaints will be investigated by the Enforcement and Compliance Division of O.H.R.C. The Division’s findings will be reviewed by the Executive Director who will be reviewed by the Executive Director who will indicate concurrence, non-concurrence, or return the complaint to the Division for additional investigation.
When a complaint is initially brought to the Commission’s attention, a Commission intake officer will hear the complaint, provide the Complainant with information or assistance, and determine if the complaint is within the Commission’s jurisdiction. If the complaint is determined to be within the Commission’s jurisdictional requirements, the Commission intake officer will continue to interview the individual wishing to file the complaint in order to ascertain additional information.
(Example of a
Sexual Harassment Policy)
(Agency
Name) is committed to providing its employees with a working environment free
of discrimination. In keeping with this
policy, (Agency Name) will not tolerate any sexual harassment of its employees
by supervisory personnel, co-workers, subordinates or third parties who deal
with (Agency Name). All employees must
be diligent in preventing such conduct.
The
following is a sample list of prohibited practices:
Abusing
the dignity of an employee through unwelcome, insulting or degrading sexual
remarks or conduct;
Threats,
demands or suggestions that an employee’s work status or any employment
decisions affecting an employee is contingent upon his/her tolerance of or
acquiescence to sexual advances or requests for sexual favors;
Substantially
interfering with an employee’s work performance or creating an intimidating,
hostile or offensive work environment;
Sexual
relationships in the work place which adversely affects the employment
opportunities of other employees; and
Retaliation
against employees for complaining about such behavior, furnishing information
or participating in any manner in any investigation of such behavior.
1. The Executive Director is responsible for
administering this policy. If an
employee believes that he/she has been or is being harassed, the employee
should immediately contact his/her immediate supervisor. The supervisor will file a report with the
Executive Director. However, employees
can come directly to the Executive Director to discuss these issues. If the complaint is against the Executive
Director it can go to the President of the Board. Complaints of sexual harassment must be made in writing and
signed by the complaining party and must detail the facts of the incident. (Agency Name) also encourages employees who
believe they are being harassed to notify the offender promptly and firmly that
his/her behavior is unwelcome.
2. The Executive Director has the
responsibility of investigating and resolving any complaints of sexual
harassment. All complaints will be
fully investigated and, where necessary, appropriate action taken. All actions taken to investigate and resolve
such complaints are conducted in the strictest confidence where able unless
otherwise authorized by the complaining party.
Upon completing the investigation, (Agency Name) will communicate its
findings and intended actions to the complaining party and the party accused of
engaging in the harassment.
3. (Agency Name) considers sexual harassment to
be a very serious matter. Any employee
found to have sexually harassed another employee will be subject to
disciplinary action, up to and including termination.
4. (Agency Name) does not condone sexual
relationships between supervisors and their staff. If such relationship develops, the supervisor must disclose the
relationship and identity of the employee to the immediate supervisor and the
Executive Director. The supervisor may
not participate in personnel decisions involving the employee. In addition, if such a relationship develops
one of the individuals must transfer to another position within the
organization if one is available, or leave the organization.
5. The agency will make reasonable efforts to
ensure that all employees are familiar with this policy and know that any
complaint received will be thoroughly investigated and appropriately solved.
Universal
precautions are procedures developed by the Centers for Disease Control and
Prevention (CDC) and incorporated into the Office of Safety and Health
Administration (OSHA) guidelines. These
procedures state that workers should treat all blood and body fluids as
infectious. Workers should practice
universal precautions whenever they may be exposed to blood or other body
fluids. This rule is important because
it is usually impossible to tell if the person you come in contact with is
infected with Hepatitis B Virus (HBV) or Human Immuno Deficiency Virus (HIV).
In
an emergency situation when you cannot identify body fluids or tell whether
they contain blood, treat all body fluids as potentially infectious.
Gloves:
1. Use well-fitting disposable latex gloves for
any task involving exposure to blood or any other body fluids. Make sure extra pairs are available.
2. Before putting on gloves, make sure they are
intact with no holes, cracks, or tears.
3. Change gloves if they become torn or dirty.
4. Change gloves between contacts with
different people.
5. Remove gloves by grasping the cuffs and
pulling them off inside out.
6. Dispose of used or soiled gloves in
identifiable medical-waste containers.
Wash hands following glove removal.
7. Use utility gloves when handling containers
of waste, broken glass, or other sharp objects and when cleaning spills.
8. Utility gloves should be discarded in
fluid-resistant containers when soiled or old.
1. Wear a mask and safety glasses (or a face
shield) if you could be splashed with blood or other body fluids.
2. Appropriate protective clothing such as
gowns, aprons, lab coats, clinic jackets, or similar outer garments should be
worn in occupational exposure situations.
You
can be exposed to HBV and/or HIV if you have direct contact with infected blood
or other body fluids in one or more of the following ways:
1. Being stuck by infected needles or other
sharps.
2. Having infected blood or other body fluids
splashed
- into mouth, eyes, or nose
-
onto
skin that is cut, scratched, or has sores, rashes, or other
skin conditions
3. Being bitten by a human
- saliva carrying HBV may be infectious
HIV
and AIDS are already affecting many large and small business. Other businesses are preparing for the
impact of the AIDS epidemic. Business
owners and managers are gathering information, talking with their trade and
professional associations, learning more about HIV/AIDS, and preparing strategies
for HIV/AIDS programs suitable for their companies.
An
HIV/AIDS policy defines your company’s position and practices as they relate to
an employee with HIV infection.
Businesses that have addressed the HIV/AIDS issue suggest that it is
useful to have a written policy stating the company’s position and procedures
that tell employees what is expected of them.
An HIV/AIDS policy:
*
is the foundation for your entire HIV/AIDS program
*
establishes consistency within the company
*
is the standard for communication about HIV/AIDS
*
sets standards of behavior expected of all employees
*
lets all employees know where to go for assistance
*
instructs supervisors on how to address HIV/AIDS in their workplace
It
is not complicated or difficult to develop an HIV/AIDS policy. A company can accomplish this through a
specific HIV/AIDS policy or as a section of a life-threatening illness and
disability policy. A policy does not
provide you with an entire HIV/AIDS program, but it is the foundation upon
which a strong program can be built.
In
some companies, a crisis such as work stoppage, general discrimination, or
coworker fear might occur when an employee discloses that he or she has
HIV. A well-constructed policy outlines
the employee’s expectation of supervisors, the employee with HIV infection or
AIDS, and the coworkers. The best
prevention for such a crisis is education.
Having
your policy in place before a case of HIV/AIDS arises is essential. However, if you are confronted with a
situation in which you need to make immediate decisions concerning HIV/AIDS in
your workplace, the best advice is to stay calm, assess the resources available
to you, and determine the best course of action.
In
order to create a policy that best reflects your company’s needs, make sure you
are aware of certain medical and legal issues associated with HIV/AIDS.
HIV
cannot be transmitted through casual contact.
That means that a person cannot become infected with HIV from a handshake,
a sneeze, a hug, or from sharing cups and dishes, tools, telephones, computer
keyboards, bathroom facilities, or drinking fountains. You cannot simply “catch” HIV from air,
food, water, insects, or animals. Your
policy should make these facts very clear.
HIV,
the virus that causes AIDS, is transmitted in the following ways:
*
by having sexual intercourse (vaginal, anal, or, oral) with a man or woman who
is infected with the virus.
*
by sharing needles or syringes with someone who is infected with the virus
*
from an HIV infected woman to her child during pregnancy or childbirth, or in
rare cases, through breast feeding (this risk can be reduced significantly with
new drug therapies)
*
by receiving HIV infected blood, blood products, plasma, or transplanted
tissues or organs (this has been very rare since 1985, when blood centers
across the nation were required to begin testing all donated blood for presence
of HIV antibodies
*
by blood-to-blood contact with a person infected with HIV when no physical
barrier such as vinyl or latex gloves are used.
Federal
Law and The Americans with Disabilities Act (ADA)
The
Americans with Disabilities Act (ADA) of 1990 covers HIV and AIDS as
disabilities subject to the requirements of the law. Any business which “affects commerce” is subject to the ADA’s
requirement prohibiting employment discrimination accommodations. The ADA’s requirement prohibiting employment
discrimination covers all businesses which have had 15 or more employees
working at least 20 weeks in the current or preceding calendar year. The Rehabilitation Act of 1973 prohibits
discrimination against persons with disabilities, including persons with HIV
and AIDS by entities receiving federal financial assistance.
Under
ADA and the Rehabilitation Act, a covered employer may not refuse to hire a
qualified applicant who can perform the essential job functions with or without
reasonable accommodations because the applicant has or is perceived to have a
disability - including HIV/AIDS.
The
law also requires that the employer provide reasonable accommodation - such as
job modifications, flexible scheduling, and leaves of absence - to allow an
employee with HIV/AIDS to continue to perform the essential job functions,
unless such accommodations create an undue hardship for the business.
Employers
must ensure that applicants or employees with a disability covered by the ADA
are not subject to discrimination in hiring, job assignments, performance
appraisals, eligibility for benefits, termination, and any other terms or
conditions of employment because of their disability. These antidiscrimination provisions also apply to an applicant or
employee who is related to, is a care giver for, or is associated with an
individual with a disability, even through volunteer work.
Enactment
of the ADA provides additional information needed for workplace policies about
disabilities and for training supervisors regarding the importance of
confidentiality and sensitivity to the problems of such employees.
Some
employers include their HIV/AIDS policies within general company policies on
life-threatening illnesses or disabilities.
These organizations take the point of view that since there is no reason
to treat HIV/AIDS differently from other major illnesses, a policy covering all
life-threatening illnesses is preferable.
Generally, HIV/AIDS, cancer heart disease, or other life-threatening
illnesses are cited in such policies.
Some
employers prefer this approach because it affirms their concern about all major
life-threatening illnesses without singling out or favoring one over
another. However, HIV/AIDS can be cited
as one example of the types of illnesses addressed by the policy. Some employers are now expanding their
policies around life-threatening illnesses and disabilities to conform to the
ADA.
Many
employers have developed their policies to focus specifically on HIV/AIDS. This approach acknowledges that HIV/AIDS is
a major health issue and highlights the employer’s commitment to addressing it
in an appropriate way. These policies
acknowledge the potential impact of HIV/AIDS in the workplace. They also address employee concerns that are
specific to this disease by stating clearly that HIV/AIDS is not transmitted
through casual contact and that employees with HIV/AIDS are not a health risk
to their own co-workers.
As
with more general life-threatening illness policies, HIV/AIDS-specific policies
protect the rights of employees who may be infected, provide guidelines for
management, and encourage sensitivity and understanding among co-workers. Yet, by addressing the issues that are
specific to HIV/AIDS, the policies can help to alleviate employee fears and
misperceptions that may be specific to this disease. The policy itself represents the basic principles of an
educational program about HIV/AIDS.
The Components of Your
Policy
Most successful HIV/AIDS policies are divided into two components.. What is contained in each component depends on how you want your policy to be presented.
The
first component includes a general policy statement that clearly sets forth
your position on HIV/AIDS or life-threatening illnesses. This section identifies and highlights the
major issues, whether you choose the HIV/AIDS-specific approach or the
integrated policy approach. Component 1
states generally what the policy is about.
The
second component establishes specific procedures that provide step-by-step
guidance for managers and employees to clarify what is expected of them. In this sections, you may want to expand on
some of the issues identified in your general policy statement, explaining how
they apply to the way your organization operates. This component states how the policy should be carried out.
Successful
HIV/AIDS policies can cover numerous pages or can be as short as one page. Some may be parts of existing policies, and
others provide detailed and precise instructions and procedures. Whether the policy is long or short, concise
or detailed, general or specific, the effectiveness of an HIV/AIDS policy will
be influenced by the company’s philosophy and implementation.
All
successful HIV/AIDS policies address issues of concern to employers and
employees alike. These may include:
A
simple statement can be used to establish a policy which complies with the
provisions of the ADA.
Sample:
(Company
name) does not discriminate against a qualified individual with a disability
with regard to job applications, hiring, advancement, access to special
equipment, discharge, compensation, training, or other terms, conditions, or
privileges of employment.
Increasingly,
employers are recognizing that employees with life-threatening illnesses or
other disabilities are often physically able and want to continue to work. This can be acknowledged in HIV/AIDS
policies or general life-threatening illness policy by saying:
Sample:
(Company
name) recognizes that employees with HIV/AIDS (or some other life-threatening
illnesses) may continue to engage in as many of their normal pursuits as their
illness allows, including work.
Some policies go further by
saying:
Sample:
Management
is sensitive to the fact that continued employment for an employee with
HIV/AIDS (or other life-threatening illnesses) sometimes may be therapeutically
important in the remission or recovery process or may help to prolong that
employee’s life and that such an employee is valuable to the workplace.
These
statements provide reassurance that the company supports employees with
HIV/AIDS or other disabilities.
Many
employers suggest that your policy be reviewed for legal and Equal Employment
Opportunity considerations before implementation to be sure that it reflects
the law accurately.
When
everyone who participated in developing your policy agrees with the final
draft, be sure to get support from top management - and union leaders where
appropriate - so that the final policy is officially endorsed.
Having
an HIV/AIDS policy prepares you to deal with HIV/AIDS in your workplace
smoothly, responsibly, and cost-effectively.
Though some people in your organization may not think a policy is
necessary, most will respect your leadership and appreciate the direction and
clarity that your policy provides. Now
HIV/AIDS issues in your workplace can be addressed with confidence.
1. People with AIDS or HIV infection are
entitled to the same rights, benefits, and opportunities as people with other
serious or life-threatening illnesses.
2. Employment practices must, at a minimum,
comply with Federal, State, and local laws and regulations.
3. Employment practices should be based on the
scientific and epidemiological evidence that people with AIDS or HIV infection
do not pose a risk of transmission of the virus to coworkers through ordinary
workplace contact.
4. The highest levels of management should
unequivocally endorse nondiscriminatory employment practices and education
programs or information about AIDS.
5. Small-business owner/managers should
communicate their policies and practices to workers in simple, clear, and
unambiguous terms.
6. Small-business owners/managers should
provide employees with sensitive, accurate, and up-to-date information about
risk-reduction.
7. Small-business owners/managers and coworkers
must protect the confidentiality of employee’s medical/insurance information.
8. To prevent work disruption and rejection by
coworkers of an employee with AIDS or HIV
infection, small-business owners/managers should undertake education for
all employees before such an incident occurs and as needed thereafter.
9. Small-business owner/managers cannot require
HIV screening as part of pre-employment or general workplace physical
examinations unless screening is required of all applicants. HIV infection may not be used as a
consideration in hiring, promoting or firing an employee. No employer may request information about an
employee’s HIV status in the course of making these decisions. The only criterion that may be used
legitimately, even if the employer knows about an employee’s HIV status, is the
criterion that applies to hiring, promotion and firing decisions about all
disabled employees: is the person
otherwise qualified to do the job? If
the answer is yes, the employee cannot legally be fired, because of the disability.
10.
In those special occupational settings where there may be potential risk of
exposure to HIV (for example, in some health care settings), small-business
owners/managers should provide specific, ongoing education and training, as
well as the necessary equipment, to reinforce appropriate infection-control
procedures and ensure that they are implemented.
In
certain occupational health care settings, specific procedures should be made
available to any employee who has had an exposure incident. Should there be percutaneous exposure (e.g.,
needle stick), the exposed employee may take a post-exposure therapy.
11.
The Americans with Disabilities Act does not:
·
provide
an advantage to a person with a
disability in applying for a job or a promotion. Rather, it prevents discrimination against an otherwise qualified individual with a disability.
·
Prevent
an employer from using progressive discipline, including termination, when a
person with a disability is not fulfilling the essential functions of the job,
with or without reasonable accommodation.
·
Provide
“special rights” to persons with
disabilities in the workplace. Rather,
it levels the playing field so that persons with disabilities may compete
equally with non-disabled individuals in the marketplace.
THE
ADA DOES NOT GUARANTEE ANYONE’S JOB.
Confidentiality
of Medical Information
l.
In
the workplace, a person who is HIV-infected is not obligated to reveal his or her diagnosis to anyone,
with rare exceptions. Disclosure is a
personal decision. Nevertheless,
respecting confidentiality of medical information is a skill many employers and
co-workers need to learn.
2.
If
a co-worker tells you about a positive HIV test, you do not have the right to
share that information with others unless the HIV-infected person explicitly
tells you that you have the right. If,
as a supervisor, you disclose someone else’s HIV status without that person’s
permission and the disclosure leads to discrimination, your employer becomes
potentially liable. It is not
legitimate to disclose because a supervisor or anyone else has a “right to
know” or a “need to know”. Neither the right nor the need exists.
3.
If
a supervisor is concerned about a medical condition that could be contagious –
a concern frequently expressed about tuberculosis, now that its incidence is
rising – then the employer ay request that the employee provide certification
from the treating physician about accommodations the employee requires, without
ever naming the condition. Of course,
this is true for all diagnoses, not just for HIV infection. All employees’ privacy is protected by this law.
General Principles
1.
The
consumer has fundamental right to privacy and confidentiality in his/her
relationship with a provider agency and staff.
It is the provider agency and its staff’s responsibility to protect the
consumer’s privacy and confidentiality.
Consumer-staff relationships should be governed by
mutual trust, respect, courtesy, honesty, and confidentiality.
2.
Privacy
and confidentiality are the privileges of the consumer, so only he or she, or
legal designate, may waive them, in an informed, meaningful and non-coerced
fashion.
Release of information for a specific purpose should
not require waiver of the total right to privacy and confidentiality.
3.
An
individual’s rights to privacy and confidentiality should not be compromised.
4.
Conflict
between a consumer’s right to privacy and a third party’s need to know would be
resolved in favor of the consumer’s privacy and confidentiality. If the
consumer makes threats that may result in serious harm to his or her self
and/or others it must be reported to the appropriate authority.
5.
The
development and acceptance of new information technologies should include
measures that strengthen, not jeopardize, consumer privacy and confidentiality.
6.
The
provider agency has an ethical responsibility to understand issues of privacy
and confidentiality, educate their staffs, and make reasonable efforts to
inform their consumers of these issues.
612:10-1-5. Confidentiality
(a)
General guidelines. All client or applicant information acquired will remain
the property of DRS. All casework materials are to be maintained in the
appropriate case record. The terms “release of information”, “release of
personal information”, and similar terms refer to providing access to the
record, or providing copies, summaries, descriptions, or other reproductions of
the actual case record materials and not to the materials themselves. All
applicants, clients or client representatives will be informed of the
Department’s policies on confidentiality of personal information. This
information will only be used and release for purposes directly related to the
administration of the Vocational Rehabilitation and Visual Services programs.
Information containing identifiable personal information will not be shared
with advisory or other bodies who do not have official responsibility for the
administration of these programs. In the administration of the program, the DVR
and DVS units may obtain personal information from service providers and
cooperating agencies under assurances the information will not be further
divulged. Use and release of personal information will conform to applicable
state and federal laws and regulations. Questions regarding release of
information are to be directed to the Department’s general counsel. Staff are to consult the general counsel
before providing trial testimony, depositional testimony, or a sworn affidavit
concerning consumer information.
Moreover, if serviced with a subpoena for the release of client information,
staff should notify the general counsel immediately. In a legal proceeding,
client information can only be released without the client’s consent in
response to a court order.
(b)
Written release required. Release of personal information must be by written
consent of the individual or authorized representative. The Department’s
Authorization for Release of Information form is provided for this purpose, and
may also be used to request confidential information from other sources. Other
release forms are acceptable, as long as they provide the required information.
Written authorization for release of information must include:
(1)
the nature of the information to be released;
(2)
designation of the parties to whom the information is to be released;
(3) the specific purpose for which the released
information may be used;
(4) designation of the agency or person authorized
to disclose the information; and
(5) dates of initiation and termination of consent.
(c) Release of information to the individual.
The individual, or the individual’s representative, will be given access to the
relevant case record, or provided copies of requested information upon
providing a written authorization for
release of information, except as in (1) through (3) of this Subsection.
(1)
The
individual is or has been a patient of a physician, psychologist, mental health
institution or facility, a drug or alcohol abuse treatment facility or service,
a community mental health service or agency or a community social service
agency for the purpose of mental health or drug or alcohol abuse care and
treatment, and the requested information was copied from his or her psychiatric
or psychological records. Under these circumstances, refer the individual, or
the individual’s representative, to the treating health professional.
(2)
When
a DRS professional staff person believes medical or other information not
covered in (1) of this Subsection may be harmful to the individual, the
information may not be released directly to the individual but must be provided
through his or her representative, a physician, or a licensed/certified
psychologist.
(3)
Information
obtained from another organization or agency may be released only through that
agency, or under the conditions established by the outside agency, organization
or providers. Information from the Veteran’s Administration, Social Security
Administration, information regarding the diagnosis and treatment of AIDS, or
drug treatment of veterans may not be released. Refer the individual requesting
such information to the source from which the information was obtained.
(d)
Request
for information correction. An individual who believes that information in the
individual’s case record is inaccurate or misleading may request that the
information be amended. Even if the information is not amended, the request for
amendment must be documented in the case record.
(e)
Release
of information to other programs or authorities. Paragraphs (1) through (4) of
this Subsection provide the rules governing release of personal information to
other programs or authorities.
(1)
Upon
receiving the informed written consent of the individual, or the individual’s
representative, information may be released to another agency or organization.
Only that information that would be released to the involved individual, or the
individual’s representative will be released, and only to the extent that the
other program or organization demonstrates that the information requested is
necessary for its program.
(2)
Personal
information will be released if required by Federal law or regulations.
(3)
Personal
information will be released in response to investigations in connection with
law enforcement, fraud, or abuse, unless expressly prohibited by Federal or
State laws or regulations, and in response to an order issued by a judge,
magistrate, or other authorized judicial officer.
(4)
Personal
information may be released in order to protect the individual or others if the
individual poses a threat to his or her safety or to the safety of others.
(f)
Release
of information for audit, evaluation or research. Personal information may be
released to an organization, agency, or individual engaged in audit,
evaluation, or research, only:
(1)
for
the purposes directly connected with the administration of the DVR or DVS
program;
(2)
for
purposes which would significantly improve the quality of life for persons with
disabilities; and
(3)
if
the organization, agency or individual assures:
(A)
The
information will be used only for the purpose it is being provided;
(B)
The
information will be released only to persons officially connected with the
audit, evaluation or research;
(C)
The
information will not be released to the individual;
(D)
The
information will be managed in a manner to safeguard confidentiality; and
(E)
The
final product will not reveal any personal identifying information without the
informed written consent of the involved individual or the individual’s
representative.
Taken
from the State Department of Rehabilitation Services/Vocational Rehabilitation
and Visual Services manual, effective 7-1-99.
E. THE BUSINESS ADVISORY COUNCIL (BAC)
The
Business Advisory Council (BAC) is a group of people who serve to advise and
facilitate placement efforts. The BAC can serve many functions.
Advisory Function of the BAC
§
The
BAC can help identify the growth industries in a community.
§
The
BAC can help identify particular businesses or locales to target for placement
efforts.
§
The
BAC can provide guidance to your agency about the types of skill and job
training needed by job applicants.
§ The BAC can provide guidance on client pre-employment training (e.g., “Job Club”).
Public Relations Function of the BAC
The
BAC can serve in a public relations capacity:
§
The
BAC can take on formal efforts in the community through BAC-sponsored public
service announcements.
§
BAC
members can be used to make initial contacts with other (new) employers on
behalf of your agency.
§
BAC
members can deliver information/testimonial presentations at their trade
association and related meetings.
§
The
BAC can organize participation in “job fair” activities with your agency.
§
The
BAC may assist in fundraising efforts for your placement programs.
Training Assistance Function of the BAC
The BAC can assist in your agency’s pre-employment training efforts with job candidates:
§
The
BAC, in addition to identifying the skills and training needed by job
applicants, may be able to provide actual training sites. This may be in the form of OJT or special
programs set up by the BAC members.
§
The
BAC can prove a valuable resource in conducting “Job Club” type training. The benefits
for using real employers in job interview role-plays and application reviews
cannot be surpassed.
§
TheBAC
may help to identify, develop and refine “disability awareness training” and
related special community training efforts.
Organizing Document
Before
you begin considering the practical aspects (e.g., size, composition,
recruiting) of your BAC, take the time to develop an organizing document to
guide your efforts.
The
organizing document should specify the overall purpose of your BAC. It should also
list specific goals or objectives and the activities your BAC will be
responsible for to meet these needs.
This
document is, in fact, a “working plan” and should reflect your agency’s needs
and goals.
A
sample “Organizing Document” may be found
at the end of this chapter.
The
BAC should be manageable in size depending on the activities it will
participate in and the size of the community targeted. An important
consideration should be the number of agency staff available to conduct the
“detail” work required to keep the BAC active.
As
a rule of thumb, each sub-committee to the BAC should be made up of 3-7
members. The total BAC should consist of approximately 10-20 members for ease
of operation. A larger group of members may be invited to participate for
yearly meetings aimed at enhancing community awareness.
Your
BAC should be developed to meet your needs. The BAC should consist mostly of
employers; keep agency representatives to a minimum. You should include several
employers with whom you have a firmly established successful relationship. One or two employers from the growth
industries in your community should be included. Representatives from service
industries (e.g., restaurants and related; hospitality industry; health services)
should also be invited to join. Where possible, a program administrator
from
local vocational-technical trade schools should be included. This person may be
able to offer specific training assistance in addition to job lead contacts.
The
skills of your BAC membership should reflect your needs in the three function
areas listed above (advisory, public relations, training). If your agency
wishes to set up additional separate committees (e.g., fundraising), members
should be solicited with skills to address these special needs.
Recruiting Members: Develop a Contact List
In determining the composition of your BAC, you will no doubt have names of specific people as well as vague references to the types of industries or business you want as members. Begin recruitment efforts by meeting with one of the employers you have a solid relationship with. Ask this employer to identify people to contact in the businesses you have identified. This should result in a list of names to work with (where possible identify “alternates” in the event that some employers turndown your request).
Once
you have your potential members listed you should:
1.
Make
initial contact in person (by appointment) or by telephone. A letter at this
stage is too impersonal to encourage employers’ enthusiasm. Where possible,
name a referral source:
“Mr. Jones from ACME services recommended that I
contact you. He thought you would be interested in this opportunity...”
2.
Give
a brief description of your agency citing what it is (goals), and who it
serves.
3.
Use
your Organizing Document to describe the purpose and goals of your BAC.
Describe the activities BAC members will be involved in. Stress the importance
of the BAC activities for insuring success in achieving your goals.
4.
Give
additional specifics (e.g., how often the BAC will meet, what time of day,
where, etc.). (These specifics are discussed later in this chapter). Let the
potential BAC members know what this commitment will require – this will help
them to make an informed decision.
5.
Follow
up your initial contact with a letter summarizing the information discussed.
You may wish to include your organizing document (you may want to call it a
“Steering Document”). Include promotional material describing your agency and
services as well.
For
the most part, the day-to-day activities and organization of your BAC will be
your responsibility. Therefore, it is advisable to keep the structure simple.
§
For
the first several meetings, you must determine the agenda and run the meetings.
Under your guidance, your BAC should evolve on its own and may conform to one
of the following structures:
Board of Directors
§
President/Chairperson
§
Vice
President/Vice-Chairperson
§
Secretary
§
Committees
Report to Chairperson
Committee Structure
§
BAC
Chair/President
§
Committee
Chairs
(e.g.) Public
Relations
Training
Labor
Market Trends
Fundraising,
etc.
In
either situation, it is advisable for your agency to serve in a “recording
secretary” fashion to keep written records of meetings, activities and
assignments. This would be done at the BAC Chair’s discretion. You or your
agency designate will be responsible for
keeping in close contact with your BAC chairperson. Preparing for the First Meeting of Your BAC.
Meeting Frequency
The
members of your BAC will be people with busy schedules. You want your BAC
meetings to occur regularly (to maintain interest and activity levels) and at a
convenient time.
Many
agencies have found evening meetings (e.g. 6-8 pm) to be the best attended.
This allows for people who leave work at 5:00 pm to grab a quick bite to eat
before attending. It also reduces the BAC “refreshment budget” to coffee, tea,
and light snacks. Others recommend a
lunch meeting (11:30 – 1:00 pm). A lunch meeting is best when agenda items are
few and brief. It is possible that
smaller committee meetings can be held during lunch with full BAC’s convening
during the early evening.
Unless
your BAC is highly involved in an activity, there is no need to meet more than
quarterly (i.e., every 3 months). Committee meetings may occur on a more
frequent basis of needs, e.g., the Public Relations Committee may have plans
for “National Employment of Persons with Disabilities” month (October) or
“Better Hearing and Speech Month” (May) that would require more meetings.
1.
Be
sure the room is clean and set up with the correct table/chair configuration
(horseshoe or “U” is recommended). Any A.V. needs (overhead, VCR) will need to
be set up and tested prior to the meeting.
2.
Arrange
for coffee, tea and possibly a light snack (e.g., cookies) to be available.
Include napkins, cups, sugar, sugar substitute, etc.
3.
Develop
the agenda and handout materials. The first meeting will “set the tone” for
future meetings (and therefore affect member commitment to the BAC).
Your agenda should be as action-oriented as
possible. See the following sample agenda for guidance.
Your Agency Business
Advisory Council Meeting Date: 00/00/00 §
Agency Staff §
BAC Members II.
BAC Purpose III.
Goals/Activities §
Plan of operation IV. Assignments
Sample Agenda
I.
Welcome and Introductions
Handout Materials for
First Meeting
BAC
members should each be given a file on which you have typed “Agency BAC” on the
tab.
Within
the folder there should be:
§
Agenda
§
Promotional
material describing your agency
§
Your
business card (taped on the left side cover) or a list of contact people
§
A
list of all BAC members, including job title and address
§
Any
articles written about your agency or your job candidates
Conducting the First Meeting
Begin
the meeting promptly at the specified time (indicate in your letter that
refreshments will be available from 5:30 – 6:00 pm, meeting will begin at 6:00
pm).
§
Follow
your agenda. Give opportunities for questions and suggestions, but gently
direct discussion to avoid random tangential discussions. At those times, you might indicate that
“These are great ideas and we are taking them down. At the next meeting will arrange for time to discuss them in more
depth. This will give me/my staff time to do some background research."”
You might also arrange for a separate meeting to discuss these topics.
§
Make
assignments in clearly identifiable terms. These can be typed up and mailed to
members in the minutes (have blank “assignment” forms available to be sure that
these are written).
Assignment Who? By When? 1. Contact new Mr.
Jones Date industrial park (agreed
developer to upon) get list of tenants going in 2.
Develop new Mr.
Smith Date brochure
Sample (Completed) Assignments Form
§
End
the meeting promptly on or before the assigned time. If there are agenda items
yet to be covered, put them on a list to be addressed by committee in the
interim between meetings (or postpone until next meeting).
How you handle your BAC will
often tell BAC members more about your agency than what you tell them.
BE ORGANIZED
BE
EFFICIENT
FOLLOW-UP
PROMPTLY
Make
use of your BAC members. Most people need to be needed. In this situation, your
BAC members will prefer to be overutilized than not utilized at all. Few BAC
members will need the BAC to “look good on a resume”. They will be interested in projects with goals and objectives
that they can actively contribute to.
KEEP THE ACTIVITY LEVEL HIGH
TAKE ADVANTAGE OF YOUR BAC TO MEET YOUR NEEDS
The
key to maintaining an active BAC is in maintaining the interest of your
members. Specific attainable goals can be developed for each committee
identified. Frequent utilization of the BAC will keep members interested and
active.
Agency
Business Advisory Council
Organizing Document
Purpose: To assist agency’s efforts to secure employment for its
job candidates.
Objective
1 To aid agency in determining the
changing labor market needs in this community.
Activity: Committee will be formed to track and report on employment
trends.
Objective
2 To aid agency in identification of
and access to particular businesses and companies experiencing growth.
Activity: Committee will be formed to identify growth industries and
initial contracts made on behalf of agency.
Objective
3 To assist agency in providing
accurate pre-employment training to its job candidates.
Activity: Committee will be formed to advise agency on areas of vocational
skill training being required by employers in the community. Where possible, BAC members will identify
avenues for accessing such training for agency job candidates.
Activity: Members of BAC will be asked to serve as interviewers for “mock
interview” practices.
Objective
4 To promote agency programs and job
candidates within the business community.
Activity: BAC members will promote agency at trade association
meetings and other gatherings of potential employers.
Activity: Committee will be formed to address long range public relations
program in the community.