5101:4-3-34. Food assistance employment and training: work experience program

The work experience program (WEP) is a supplemental nutrition assistance program (SNAP) employment and training (E&T) activity that provides work experience and training for employable participants, who are not otherwise able to obtain employment, to enhance their ability to secure unsubsidized employment. The SNAP E&T WEP activity is equivalent to the federal definition of workfare in that participants perform work in a public service capacity (with a public or private nonprofit sponsor) as a condition of eligibility to receive their monthly allotment.

(A) What criteria shall the county agency establish for WEP worksite sponsors?

(1) Participants are not required to perform political, partisan, or electoral activities.

(2) The worksite shall meet all applicable federal, state and local health and safety standards, equal employment opportunity (EEO) policies, fair labor standards, displacement policies, and provide reasonable work conditions.

(3) The placement has not been developed in response to, or in any way associated with, the existence of a strike, lockout, or bona fide labor dispute, and does not violate any existing labor agreement.

(4) A participant's religious freedom shall not be violated nor is the participant compelled to do work that promotes a religious doctrine or belief.

(B) Is a participant considered an employee of the WEP worksite?

A participant shall not be considered an employee of either the sponsor, the county agency, or the Ohio department of job and family services (ODJFS) and, therefore, is not entitled to all of the benefits and privileges of an employee. The operation of WEP shall not be considered to be the operation of an employment agency by the state or county agency.

(C) Do the WEP individuals have coverage for injuries?

Individuals assigned to WEP shall be covered for participation-related injuries or disabilities under work relief compensation administered by the bureau of workers' compensation (BWC). Unless the county agency pays the premiums for the sponsor, a private nonprofit, or government sponsor with whom a SNAP employment and training participant is placed shall pay the premiums to the BWC on behalf of the participant. Individuals assigned to other SNAP employment and training activities shall not be included in premium payments made by the county agency to the BWC.

Effective: 9/1/2018
Five Year Review (FYR) Dates: 6/15/2018 and 09/01/2023
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 5101.54 , 329.04
Prior Effective Dates: 3/1/83, 7/1/84, 3/1/87, 12/1/87 (Emer.), 2/15/88, 6/30/89 (Emer.), 9/23/89, 4/2/90, 11/1/90, 4/1/91, 7/1/91, 10/1/91, 5/1/92, 9/1/93, 12/1/95 (Emer.), 2/19/96, 10/1/97 (Emer.), 12/20/97, 1/20/03, 10/1/07, 1/1/13