Form WH-226 Application for Authority to Employ Workers with Disabil

U. S. Department of Labor
Employment Standards Administration
Wage and Hour Division
230 South Dearborn Street, Room 514
Chicago, Illinois 60604

Application for Authority to Employ
Workers with Disabilities at Special
Minimum Wages

________________________________________________________________________________________________________________________________
Note: Persons are not required to respond to this collection of information unless it displays a currently valid OMB
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control number.
⏐ Expires:
12-31-2007
This is an application for the authority to employ workers with disabilities at special minimum wage rates under the Fair Labor Standards Act (FLSA), WalshHealey Public Contracts Act (PCA), or McNamara-O’Hara Service Contract Act (SCA). An instruction sheet for completing this form is contained on page 4.
Please submit one copy of the completed form, and any attachments, to the address shown above. Retain a completed copy for your records. A certificate may
not be granted unless a properly completed application has been received and approved. U.S.C. 201, et seq.

1.

A. This is a request for authority to employ workers with
disabilities for (check all boxes that apply):

For USDOL Use Only
Certificate Number: _________________________________

Community Rehabilitation Center (Work Center)

B.

Effective Date:

Business Establishment (Special Workers)

Remarks: ____________________________________________________________

School Work Experience Program (SWEP)

Employees:

_______________________

DO: __________________________

________________

Paying SMW’s: Yes

Number of Sites to Receive a Certificate:

This is (check one):

No

_______________

Initial Application (Complete all items)

Print Certificate:
Yes
No
WS: ________________
_____________________________________________________________________

Renewal Application (Please make any necessary
corrections to reprinted information)

6.

Current Certificate Number: __________________________

Name of Employer:
Street Address:

__________________________________________

______________________________________________

Mailing Address (if
(different than street address):

List the name and address(es) of all branch establishments (BR), supported
employment sites, including enclaves (SE), or school work experience program
sites (SWEP) to be covered by this certificate. Note: a separate Supplemental
Data Sheet (WH-226A) must be completed for every establishment where you
employ workers with disabilities at special minimum wages (including your
main establishment and each establishment listed below). See page 4 of this
application for definitions of BR, SE and SWEP. Attach additional sheets if
necessary.
Indicate
if BR, SE or
SWEP

NAME & ADDRESS
OF SITE

________________________________
_______

City:

_____/_____/_____

RO:

_______________________________________________________________________________

2.

_____/_____/_____ Expiration Date:

Hospital/Residential Care Facility (Patient Workers)

____________________

County:

___________________________________________

_____________________
___________________________________________

State:

_________________

Zip Code:

_____________________

Federal Employer
Identification Number (EIN):

________________________________

Person USDOL Should Contact:

________________________________

_______

___________________________________________
_______

_______

Parent Organization if different from that listed in #2:
Name:

____________________________________________________

Address: ____________________________________________________

7.

Do you manufacture items for the Federal Government under PCA?
Yes

No

Do you perform any services for the Federal Government under SCA?

Check here if mail is to be sent to parent organization rather than #2.
_______________________________________________________________________________

5.

___________________________________________

___________________________________________
_____________________________________________________________________

____________________________________________________

4.

___________________________________________
___________________________________________

Telephone:
(
)
_____________________________________________________________________
3.

___________________________________________

Status (check one):

Yes

No

√ Remember to attach copies of all current SCA Wage Determinations for those
contracts upon which workers with disabilities are employed and earning
special minimum wages.

Public (State or local government)

Private, For Profit

Private, Not For Profit

Other _______________________

Primary disability group employed (check one):
Mental Retardation (MR)

Alcoholism (AL)

General – No Primary Group (GI)

Mental Illness (MI)

Drug Addictions (DA)

Age Related (AR)

Visual Impairment (VI)

Neuromuscular (NM)

Other (OT) Specify: ____________________________

Hearing Impairment (HI)

Developmental Disability (DD) Specify: ___________________________________
Form WH-226
January 2002

-2-

8.

FOR RENEWAL APPLICATIONS ONLY. Please provide the number of workers with disabilities (whose productive capacities were impaired by their
disabilities and were paid special minimum wages) that your firm employed during your most recently completed fiscal year. Please provide this data
using the categories listed below:
Number of workers employed in or as (complete each item as applicable):
Work Center:

_________

Patient Worker

_________

Business Establishment

_________

SWEP _________

Also provide the date your most recently completed fiscal year ended: ______/_______/______
9.

PREVAILING WAGE DETERMINATION

Please provide the following information on the four largest current contracts whether the workers with disabilities are paid an hourly rate or a piece rate. The prevailing rate
should reflect the rate paid to experienced workers in the vicinity who do not have disabilities and utilize similar methods and equipment. If more than 3 sources were used,
attach an additional sheet headed “Prevailing Wage Determination” and provide the information obtained from these sources (Section 14(c)(2)(B) and Part 525.10).

Description of Work
(e.g. collating, hand assembly,
janitorial)

Sources
(Name of Firm and Person Contacted)
1.

____________________________

2.

____________________________

3.

____________________________

1.

___________________________

2.

___________________________

3.

___________________________

1.

___________________________

2.

___________________________

3.

___________________________

1.

___________________________

2.

___________________________

3.

___________________________

Date of
Contact

Prevailing Wage
Provided by Source

__________
__________
__________

$___________

__________
__________
__________

$___________

__________
__________
__________

$___________

__________
__________
__________

$___________

$___________

Prevailing Wage
Determined by
Applicant

$___________

$___________

$___________

$___________

$___________

$___________

$___________

$___________

$___________

$___________

$___________

10. HOURLY RATES
a.

If this is a renewal application, how many workers with disabilities employed under the terms of this certificate received special minimum wages and were paid
hourly rates during the fiscal year cited in Block 8 above? (If the answer is 0, go on to question 11): ___________________

b.

How frequently do you rate/evaluate the productivity of each hourly paid worker with a disability who is paid a special minimum wage?

__________________

c.

Attach to this application productivity rating/evaluation forms for three currently employed workers with disabilities who are paid hourly rates (if you employ
workers with disabilities at special minimum wages on an SCA contract, one of the three employees for whom data is submitted must pertain to an SCA service
employee). Include all material relating to the evaluation which shows the worker’s individual productivity in proportion to the wage and productivity of an
experienced worker, who does not have disabilities, performing essentially the same type, quality and quantity of work in the vicinity.
_______________________________________________________________________________________________________________________________________________

11. PIECE RATES
a.

If this is a renewal application, how many workers with disabilities employed under the terms of this certificate received special minimum wages and were paid
piece rates during the fiscal year cited in Block 8 above? (If the answer is 0, go on to question 12). ________________________

b.

Please provide the following information about the four largest current contracts on which workers with disabilities earning special minimum wages are paid piece
rates and attach supporting time studies or work measurements.

Description of Work
(e.g. packaging, shrink wrapping,
labeling)

Prevailing Wage Determined for this Job
(Expressed in a Rate per Hour)

Standard Productivity
(Units/Hour)

Piece Rate Paid to Workers
(Rate per Unit)

Form WH-226
January 2002

-3_______________________________________________________________________________________________________________________________________________
12. TEMPORARY AUTHORITY: To be completed only by a vocational rehabilitation program administered by a State agency or the U.S. Veterans Administration.
Check if this is a request for temporary authority to employ workers with disabilities at special minimum wages pursuant to a vocational rehabilitation program of
the Veterans Administration for veterans with a service-incurred disability or a vocational rehabilitation program administered by a State agency. A copy of the signed
application will constitute the temporary authority provided the application is mailed to the Department of Labor at the address listed at the top of page 1 of this form
within ten days of the signing. Temporary authority will exist for 90 days from the date the application is signed and cannot be extended or renewed by the issuing
agency (See Regulations 29 CFR Part 525.8 and instructions on page 4 of this application).
_______________________________________________________________________________________________________________________________________________

13. REPRESENTATIONS AND WRITTEN ASSURANCES
I certify that I have read this form and to the best of my knowledge and belief, all answers and information given in the
application and attachments are true; that the representations set forth in support of this application to obtain or continue the
authorization to pay workers with disabilities at subminimum wage rates are true; and that the authorization, if issued or
continued, is subject to revocation in accordance with the provisions of 29 CFR 525.
I represent that as set forth in the regulations governing the employment of workers with disabilities, the following conditions
exist (or will exist for initial applicants):
(1) workers employed (or who will be employed) under the authority in 29 CFR 525 have disabilities for the work to be
performed;
(2) wage rates paid (or which will be paid) to workers with disabilities under the authority in 29 CFR 525 are
commensurate with those paid experienced workers, who do not have disabilities, in industry in the vicinity for
essentially the same type, quality, and quantity of work;
(3) the operations are (or will be) in compliance with the FLSA, PCA, SCA, and Contract Work Hours and Safety
Standards Act (CWHSSA), an overtime statute for federal contract work;
(4) no deductions will be made from the commensurate wages earned by a patient worker to cover the cost of room, board
or other services provided by the facility;
(5) records required under 29 CFR 525 with respect to documentation of disability, productivity, time studies or work
measurements, and prevailing wage surveys will be maintained.
Further, I certify that:
(1) the wage rates of all hourly-rated employees paid in accordance with section 14(c) of the FLSA will be reviewed at
least every six months; and
(2) wages paid to all employees under FLSA section 14(c) will be adjusted at periodic intervals, at least once a year, to
reflect changes in the prevailing wage paid to experienced workers, who do not have disabilities, employed in the
vicinity for essentially the same type of work; and
14. SIGNATURE OF AUTHORIZED REPRESENTATIVE

Name (Print or Type) ___________________________________________________

Title __________________________________

Signature ____________________________________________________________ Date __________________________________
_______________________________________________________________________________________________________________________________________________
Public Burden Statement

We estimate that it will take an average of 45 minutes per response to complete this collection of information, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection information.
If you have any comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing
this burden, send them to the U. S. Department of Labor, Administrator, Wage and Hour Division, Room S-3502, 200 Constitution Avenue, N.W.,
Washington, D.C., 20210 (please do not send the completed application to this address).
_______________________________________________________________________________________________________________________________________________
Form WH-226
January 2002

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INSTRUCTION SHEET
GENERAL INSTRUCTIONS
1.

This application is to be used to apply for a subminimum wage certificate under the Fair Labor Standards Act (FLSA), the Walsh-Healey
Public Contracts Act (PCA), and the McNamara-O’Hara Service Contract Act (SCA). Payment of subminimum wages to workers with
disabilities is authorized only under certificates issued under section 14(c) of the FLSA. State Agencies and the Veterans Administration
may also request immediate temporary certificate authority by completing this application.

2.

This application process is authorized by section 14(c) of the FLSA. While completion of this form is voluntary, authority to pay less
than the applicable minimum wage will not be granted unless a properly completed application is submitted.

3.

Complete one copy of this form and send it to the following address: U. S. Department of Labor, Employment Standards Administration,
Wage and Hour Division, 230 South Dearborn Street, Room 514, Chicago, Illinois, 60604. Keep a copy of the application for your
records.

4.

For item #1: A community rehabilitation center (often in the past referred to as a sheltered workshop) is a facility that is engaged
primarily in providing rehabilitation and employment opportunities to workers with disabilities. A patient worker is a worker with a
disability who is employed by a hospital or institution that provides residential care where such worker receives treatment and care. A
business establishment, for purposes of this application, is an employer in private industry (who is not a work center or employer of
patient workers) that is seeking permission to employ workers with disabilities at special minimum wages. A school work experience
program (SWEP) is a school operated program by which students with disabilities may be placed in jobs with private industry within the
community.

5.

Do not submit a separate application for each branch establishment, supported employment work site (including enclaves), or school work
experience site. Instead, report these in the spaces provided in item 6 and complete and submit a separate form WH-226A for each
site where workers with disabilities are (will be) employed at special minimum wages. If you operate a work center and employ
patient workers, you will receive two separate certificates. Likewise, you will receive separate certificates for each branch establishment
and school work experience program site for which you completed a WH-226A. Workers with disabilities paid special minimum wages
who work at supported employment sites, including enclaves, however, are covered by the certificate issued the main establishment of the
supervising work center .
For item #6: A branch establishment is a physically separate establishment of the same enterprise. A supported employment work site
is a location, outside of the work center or rehabilitation center, often on the premises of an enterprise separate from the work center or
rehabilitation center, where workers with disabilities paid special minimum wages are placed in employment settings along with work
center staff (job coaches). An enclave is a supported employment work site where a group of workers with disabilities is working and
supervised by staff from the work center. A school work experience program (SWEP) site is a workplace in the community in which a
school system has placed a student(s) with disabilities to work in a job(s) at special minimum wages.

SPECIAL INSTRUCTIONS FOR SCHOOL WORK EXPERIENCE PROGRAMS (SWEPS):
The rehabilitation counselor or coordinating official of the school may submit a group application covering all of the students with disabilities and all of the employers
participating in a school work experience program. Employers are responsible for compliance with all applicable child labor laws, minimum wage standards, certificate and
recordkeeping requirements. The students participating in a school work experience program must be paid commensurate wage rates based upon the students’ productivity in
proportion to the wage and productivity of experienced workers who do not have disabilities performing essentially the same type, quality, and quantity of work in the vicinity in
which the students are employed. Complete all items except 12.
Item 1(A)
Item 2
Item 3
Item 4
Items 9 and 11
Item 14

Check “School Work Experience Program”
Enter identifying information for school
Enter School District information
Check “Other” and enter “SWEP”
Complete for the four types of work in which the greatest number of students with disabilities are employed at special
minimum wages. If fewer than four types of jobs exist, enter “n/a” in the “Description of Work” blocks which are not used.
Must be signed by the counselor or coordinating official of the school

SPECIAL INSTRUCTIONS FOR VOCATIONAL REHABILITATION COUNSELORS OR VETERANS ADMINISTRATION
TRAINING OFFICERS REQUESTING IMMEDIATE TEMPORARY CERTIFICATION TO PAY SPECIAL MINIMUM WAGES:
Complete all items of this application.
Item 1(A)
Item 2
Item 3
Item 4
Items 9 and 11
Item 12
Item 14

Check “Business Establishments (Special Worker)”
Enter name and location of employer where workers with disabilities are to be placed
Enter the name and address of the Veterans Administration Office or State Vocational Rehabilitation agency which is
seeking temporary authority
Check “Other” and enter the type of business in which the worker with a disability is being placed
Complete for the work sites where the workers with disabilities will be employed at special minimum wages
Check the box
Must be signed by the Vocational Rehabilitation Counselor or Veterans Administration Training Officer
Form WH-226
January 2002